§ 45-756. Performance standards for removal of entire coal seam - Postmining land use as condition for granting permit.

A.  Where a surface coal mining operation will remove an entire coal seam or seams running through the upper fraction of a mountain, ridge or hill by removing all of the overburden and creating a level plateau or a gently rolling contour with no highwalls remaining and which will be capable of supporting postmining uses in accordance with the requirements of this section, such operation shall require that:

1.  The toe of the lowest coal seam and the overburden associated with it are retained in place as a barrier to slides and erosion;

2.  The reclaimed area is stable;

3.  The resulting plateau or rolling contour drains inward from the outslopes except at specified points;

4.  No damage will be done to natural watercourses;

5.  Spoil will be placed on the mountaintop bench as is necessary to achieve the planned postmining land use; and

6.  Stability of the spoil retained on the mountaintop is insured and meets the other requirements of this act.

Such operation shall not be required to restore the original contour as provided in Section 747 of this title.

B.  In cases where an industrial, commercial, agricultural, residential or public facility, including recreational facilities, use is proposed as the postmining use of the affected land, the Department may grant a permit for a surface mining operation of the nature described in this section if:

1.  The proposed postmining land use is deemed to constitute an equal or better economic or public use of the affected land, as compared with premining use after consultation with the appropriate land use planning agencies;

2.  The applicant presents specific plans for the proposed postmining land use and appropriate assurances that such use will be:

a.  compatible with adjacent land uses,

b.  obtainable according to data regarding expected need and market,

c.  assured of investment in necessary public facilities,

d.  supported by commitments from public agencies where appropriate,

e.  practicable with respect to private financial capability for completion of the proposed use,

f.  planned pursuant to a schedule attached to the reclamation plan so as to integrate the mining operation and reclamation with the postmining land use, and

g.  designed by a registered engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site;

3.  The proposed use would be consistent with adjacent land uses, and existing state and local land use plans and programs;

4.  The Department provides the governing body of the unit of general-purpose government in which the land is located and any state or federal agency which the Department, in its discretion, determines to have an interest in the proposed use, an opportunity of not more than sixty (60) days to review and comment on the proposed use;

5.  All other requirements of this act will be met.

Laws 1978, c. 10, § 16, emerg. eff. Feb. 2, 1978; Laws 1979, c. 249, § 29, emerg. eff. June 1, 1979.