Alternative reclamation to approximate original contour may be authorized as follows:

1. (1) The applicant shall demonstrate that the proposed operation will be carried out over a substantial period of time and that the volume of mineral to be removed is large compared to the overburden to restore the area to approximate original contour. The applicant shall provide a description of the alternative and demonstrate that:

   1. (i) The alternative to contouring can be achieved.
   2. (ii) The alternative poses no actual or potential threat to public health or safety.
   3. (iii) The alternative poses no actual or potential threat to water diminution, contamination, interruption or pollution.
   4. (iv) The alternative is consistent with applicable land use policies, plans and programs.
   5. (v) The alternative is consistent with Federal, State or local law.
   6. (vi) The alternative is the highest or best use that can reasonably be supported after mining and reclamation is completed.

2. (2) If the applicant does not meet the requirements of paragraph (1), an alternative to contouring may be authorized if the applicant demonstrates that the operation will either restore the land affected to a condition capable of supporting the uses it was capable of supporting prior to mining or to a higher or better use. The applicant shall demonstrate that:

   1. (i) The alternative is acceptable to the landowner.
   2. (ii) Highwalls will not remain after mining.
   3. (iii) The watershed of the area will be improved.
   4. (iv) The proposed use has been designed and certified by a registered professional engineer to assure the stability, drainage and configuration necessary for the intended use of the site.
   5. (v) A demonstration that the alternative to contouring is likely to be achieved or that the alternative poses no actual or potential threat to public health or safety or of water diminution, interruption, contamination or pollution.

Source

The provisions of this § 77.593 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended August 18, 2023, effective August 19, 2023, 53 Pa.B. 5159. Immediately preceding text appears at serial pages (240788) to (240789).

Cross References

This section cited in 25 Pa. Code § 77.594 (relating to final slopes); and 25 Pa. Code § 77.595 (relating to concurrent reclamation).