Performance Standards. [Contingent Effective Date, See Compiler's notes.]
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Any permit issued under this part to conduct surface coal mining and reclamation operations shall require the operations to meet all applicable performance standards of this part.
General performance standards as prescribed in rules promulgated by the board under § 59-8-103(b)(1) shall apply to all surface coal mining and reclamation operations.
Steep slope surface coal mining and reclamation operations are subject to additional performance standards as prescribed in rules promulgated by the board under § 59-8-103(b)(1).
The commissioner may grant variances for the purposes set forth in subdivision (d)(2).
If an applicant meets the requirements of subdivisions (d)(3) and (4), the commissioner may grant a variance from any requirement to restore the area to the approximate original contour if the owner of the surface knowingly requests in writing, as a part of the permit application, that a variance be granted so as to render the land, after reclamation, suitable for an industrial, commercial, residential, or public use, including recreational facilities.
After consultation with the appropriate land use planning agencies, if any, the potential use of the affected land shall constitute an equal or better economic or public use.
The backfilling and regrading shall be designed and certified by a registered engineer or a licensed professional geologist in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site.
After approval by the commissioner, the watershed of the affected land shall be improved.
In granting a variance under this subsection (d), the commissioner shall only require that amount of spoil placed off the mine bench as is necessary to achieve the planned post-mining land use, that the spoil retained on the bench is designed to be stable, that all spoil placement off the mine bench comply with subsection (b), and that all other requirements of this part are met.
The board shall promulgate specific rules under § 59-8-103(b)(1) to govern the granting of variances in accordance with this subsection (d), and may impose such additional requirements as the board deems necessary.
All variances granted under this subsection (d) shall be reviewed within three (3) years of the date of issuance of the permit, unless the permittee affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the reclamation plan.
The commissioner may, under rules promulgated by the board under § 59-8-103(b)(1) and approved by the secretary, permit variances or waivers from the performance standards imposed under this section if that action would allow for reclamation consistent with the requirements of this part and compatible with areas adjacent to the permitted area.