![]() Undisturbed Buffer - means all land within 25 feet (measured in a horizontal plane) from the nearest adjacent property line which may not be disturbed in preparation for mining, i.e., no mining activity can take place including stripping, grubbing, stockpiling, location of haul roads, etc. Section III - Local Government Involvementįor purposes of this document, the following terms will be used in describing the "setbacks" as defined in 6NYCRR 422.2(c)(3)(iii):.Section II - Variance to Setback Requirements.This can be done by ensuring that mining in the affected area is conducted such that final reclamation slopes can be achieved according to the approved mined land use plan. (c) final reclamation slopes mandated by the Mined Land Reclamation Law are met. (b) mining will occur such that slopes maintained during mining will be stable and not present an erosion or stability problem that could threaten the undisturbed buffer. (a) setbacks are established according to the standards of the Mined Land Reclamation Law. It is the responsibility of the Mined Land Reclamation Specialist when conducting the mined land use plan review to ensure that the following information is presented in both written and graphic form. The provisions for modifications or variances to the setback requirement are discussed in section II of this memorandum. Mining operations must maintain a minimum 25-foot buffer (undisturbed) plus a slope that is greater than the natural angle of repose of the material being mined as contained in 6NYCRR 422.3(d)(2)(v). ![]() The setback requirements contained within Environmental Conservation Law (ECL) Article 23, Title 27 (Mined Land Reclamation Law (MLRL)) (link leaves DEC's website) are for the purpose of protecting the integrity of the adjacent properties, easements and rights-of-way owned or controlled by others. ![]() Specific references to these "setback requirements" are contained within the written portion of the mining plan and are referenced as standards that must govern each submission. ![]() This guidance is intended to clarify the requirements contained in 6NYCRR 422.2(c)(3)(iii) (link leaves DEC's website) regarding mining setback requirements. This memorandum supersedes prior guidance, TGM #MN95-2 MLR, issued on October 18, 1995. Mined Land Reclamation Setback Requirements Technical Guidance Memo MN96-1MLR ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |