PUBLIC LAW 95-87—AUG. 3, 1977
91 STAT. 495
(2) Where an applicant meets the requirements of paragraphs (3) and (4) of this subsection a variance from the requirement to restore to approximate original contour set forth in subsection 515(d)(2) of this section may be granted for the surface mining of coal where the owner of the surface knowingly requests in writing, as a part of the permit application that such a variance be granted so as to render the land, after reclamation, suitable for an industrial, commercial, residential, or public use (including recreational facilities) in accord with the further provisions of (3) and (4) of this subsection. (3)(A) After consultation with the appropriate land use planning agencies, if any, the potential use of the affected land is deemed to constitute an equal or better economic or public use; (B) is designed and certified by a qualified registered professional engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site; and (C) after approval of the appropriate state environmental agencies, the watershed of the affected land is deemed to be improved. (4) In granting a variance pursuant to this subsection the regulatory authority shall require that only such amount of spoil will bo placed off the mine bench as is necessary to achieve the planned postmining land use, insure stability of the spoil retained on the bench, meet all other requirements of this Act, and all spoil placement off the mine bench must comply with subsection 515(b) (22). (5) The regulatory authority shall promulgate specific regulations Regulations to govern the granting of variances in accord with the provisions of this subsection, and may impose such additional requirements as he deems to be necessary. (6) All exceptions granted under the provisions of this "subsection Review of shall be reviewed not more than three years from the date of issuance exceptions. of the permit, unless the permittee affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the reclamation plan. (f) The Secretary, with the written concurrence of the Chief of Coal mine waste Engineers, shall establish within one hundred and thirty-five days piles, standards from the date of enactment, standards and criteria regulating the and criteria. design, location, construction, operation, maintenance, enlargement, modification, removal, and abandonment of new and existing coal mine waste piles referred to in section 515(b) (13) and section 516 (b)(5). Such standards and criteria shall conform to the standards and criteria used by the Chief of Engineers to insure that flood control structures are safe and effectively perform their intended function. In addition to engineering and other technical specifications the standards and criteria developed pursuant to this subsection must include provisions for: review and approval of plans and specifications prior to construction, enlargement, modification, removal, or abandonment; performance of periodic inspections during construction; issuance of certificates of approval upon completion of construction; performance of periodic safety inspections; and issuance of notices for required remedial or maintenance work. SURFACE EFFECTS OF UNDERGROUND COAL M I N I N G OPERATIONS
SEC. 516. (a) The Secretary shall promulgate rules and regulations directed toward the surface effects of underground coal mining operations, embodying the following requirements and in accordance with
Rules and regulations, ^^ ^^^ 1266.
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