Because coal mining operations vary greatly in terms of their impact on neighboring land uses, the Commission is hereby authorized to approve modifications from the standards of this subchapter as the Commission deems appropriate.
(A) An applicant for a development plan for coal extraction shall include with the application an enumeration of any requested modifications and the reasons for the modifications.
(B) The Commission may grant the modification only upon findings that the modification is not injurious to the public health, safety and general welfare and that the applicant has shown unusual circumstances relating to the proposed coal extraction that justify the modification.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)