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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 3392 (June 24, 2023).

25 Pa. Code § 90.34. Reclamation: postdisposal land use.

§ 90.34. Reclamation: postdisposal land use.

 (a)  An application shall contain a description of the proposed land use, following reclamation, of the lands to be affected within the proposed permit area by coal refuse disposal activities, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use policies and plans. This description shall explain the following:

   (1)  How the proposed postdisposal land use is to be achieved, and the necessary support activities which may be needed to achieve the proposed land use.

   (2)  The detailed management plan to be implemented when pastureland is the postdisposal land use.

   (3)  Materials needed for approval of the alternative use under §  90.166 (relating to postdisposal land use).

   (4)  The consideration given to making all of the proposed coal refuse disposal activities consistent with surface owner plans and applicable Commonwealth and local land use plans and programs.

 (b)  If an alternate land use is proposed, the description shall be accompanied by a copy of the comments concerning the proposed use from the legal or equitable owner of record of the surface areas to be affected by coal refuse disposal activities within the proposed permit area, and from the Commonwealth and local government agencies which would have to initiate, implement, approve or authorize the proposed use of the land following reclamation.


   The provisions of this §  90.34 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended July 13, 2001, effective July 14, 2001, 31 Pa.B. 3735. Immediately preceding text appears at serial pages (207939) to (207940).

Cross References

   This section cited in 25 Pa. Code §  90.151 (relating to revegetation: general requirements); and 25 Pa. Code §  90.153 (relating to revegetation: introduced species).

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