PUBLIC LAW 95-87—AUG. 3, 1977
91 STAT. 493
t (c)(1) Kiich State program may and each Federal program shall Restoration of include procedures pursuant to which the regulatory authority may original contour, permit surface mining operations for the purposes set forth in para- exceptions. graph (3) of this subsection. (2) Wiiere an applicant meets the recpiirements of paragraphs (3) and (4) of this subsection a permit without regard to the recpiiremeut to restore to approximate original contour set forth in subsecti(m .^^^(l)) (3) or r)ir)(d)(2) and (3) of this section may be granted for the surface mining of coal where the mining operation will remove an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill (except as provided in subsection (c)(4)(A) . " hereof) by removing all of the overburden and creating a level plateau or a gently rolling contour with no highwalls renuiining, and capable o f supporting postuiining uses in accord with the requirements of this subsection. _ _ « F = ro. • > ('3) In cases where an industrial, commercial, agricultural, residential or public facility (including recreational facilities) use is proposed or the postmlning use o l the affected land, the regulatory authority may g r a n t a peiMiiit for a surface mining operation of the nature described in subsection (c)(2) where— (A) after consultation with the appropriate land use planning agencies, if any, the proposed postmining land use is deenjed to constitute an e(|ual or better economic or public use of the affected land, as compared with premining use; (B) the applicant presents specitic plans for the proposed postmining laiul use and appropriate assurances that such use will be— (i) compatible with adjacent land uses; (ii) obtainable according to data regarding expected need and market; (iii) assured of investment in necessary public facilities; (iv) supported by commitments from public agencies where a p p r o p r i a t e; (v) practicable with respect to private financial capability for completion of the proposed use; (vi) 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 •' (vii) designed by a registered engineer in conformance with professional standards established to assure the sta.' ' bility, drainage, and configuration necessary for the intended J, use of the site; (C) the proposed use would be consistent with adjacent land uses, and existing State and local land use plans and program s; (D) the regulatory authority 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 regulatory agency, in its discretion, determines to have an interest in the proposed use, an opportunity of not more than sixty days to review and conmient on the proposed use; (E) all other requirements of this Act will be met. (4) I n g r a n t i n g any permit pursuant to this subsection the regulatory authority shall require that— (A) the toe of the lowest coal seam and the overburden associated with it are retained in place as a barrier to slides and erosion; (B) the reclaimed area is stable;
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