[28 Pa.B. 2227]
[Continued from previous Web Page] § 88.138. Haul roads and access roads: general.
(a) Haul roads and access roads shall be designed, constructed and maintained to control or prevent erosion and contributions of sediment to streams or runoff outside the affected area; air and water pollution; damage to fish and wildlife or their habitat; flooding and damage to public or private property. Upon completion of the associated surface mining activities, the area disturbed by the road shall be restored in accordance with § 88.144 (relating to haul roads and access roads: restoration) unless retention of the road and its maintenance plan is approved as part of the postmining land use.
(b) The haul road may not be located in or within 100 feet (30.48 meters) of a perennial or intermittent stream except in accordance with § 86.102 (relating to areas where mining is prohibited or limited). Any crossing of a perennial or intermittent stream shall be made using bridges, culverts or similar structures. Bridges, culverts or other encroachment or water obstruction shall meet the requirements of Chapter 105 (relating to dam safety and waterway management).
(c) Each road shall have a drainage system that is compatible with the natural drainage system, structurally stable and which will pass safely the peak flow from a 10-year precipitation event or larger event if required by the Department. The drainage system shall include sloped or crowned road surfaces, cross drains or culverts, stabilized ditches, erosion resistant surfacing, sediment traps and other appropriate sediment control measures as required by § 88.96 (relating to hydrologic balance: sediment control measures).
(d) Roads shall be constructed on stable areas that avoid wet or unstable soils.
(e) Prior to the construction of the road, all topsoil shall be removed, stored on a stable site and protected against erosion and compaction until restoration of the haul road.
(f) Any disturbed area adjacent to the road shall be vegetated or otherwise stabilized to prevent erosion.
(g) Acid-forming or toxic-forming material may not be used for surfacing or construction of a road except where the road is within the confines of a road refuse disposal or reprocessing area and the effluent meets the requirements of § 88.92 (relating to hydrologic balance: effluent standards).
§ 88.144. Haul roads and access roads: restoration.
Unless the Department approves retention of a road as suitable for the approved postmining land use in accordance with § 88.133 (relating to postmining land use), as soon as practicable after the road is no longer needed for the associated surface mining activities:
(1) The road shall be physically closed to vehicular traffic.
(2) The road and adjacent slopes shall be regraded to blend with the natural contours and drainage pattern.
(3) All bridges and culverts shall be removed.
(4) Cross drains, dikes and water bars shall be constructed to minimize erosion.
(5) All disturbed areas shall be revegetated in accordance with § 88.122 (relating to revegetation: timing).
(6) All excess material and debris shall be disposed of in a manner approved by the Department.
Subchapter C. ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS § 88.187. Hydrologic balance: effluent standards.
(a) Groups of effluent criteria. A person may not allow a discharge of water from an area disturbed by mining activities which exceeds the following groups of effluent criteria. The effluent limitations shall be applied under subsection (b).
Group A
30-day Daily Instantaneous Parameter Average Maximum Maximum iron (total) 3.0 mg/l 6.0 mg/l 7.0 mg/l manganese (total) 2.0 mg/l 4.0 mg/l 5.0 mg/l suspended solids 35 mg/l 70 mg/l 90 mg/l pH 1 greater than 6.0; less than 9.0 alkalinity greater than acidity 1 1 The parameter is applicable at all times.
Group B
Instantaneous Parameter Maximum iron (total) 7.0 mg/l settleable solids 0.5 ml/l pH greater than 6.0; less than 9.0 alkalinity greater than acidity
Group C
Instantaneous Parameter Maximum pH greater than 6.0; less than 9.0 alkalinity greater than acidity * * * * *
§ 88.191. Hydrologic balance: sediment control measures.
Appropriate sediment control measures shall be designed, constructed and maintained to:
(1) Prevent, to the extent possible, contributions of sediment to streamflow or to runoff outside the permit.
(2) Meet treatment and effluent limitations of § 88.187 (relating to hydrologic balance: effluent standards).
(3) Minimize erosion to the extent possible.
(4) Meet the requirements of Chapter 102 (relating to erosion control).
§ 88.221. Postmining land use.
(a) All affected areas shall be restored in a timely manner to conditions that are capable of supporting the uses which they were capable of supporting before any mining, or to higher or better uses achievable under criteria and procedures of this section, and prior to the release of land from permit area in accordance with Chapter 86, Subchapter F (relating to bonding and insurance requirements).
(b) The premining use of land to which the postmining land use is compared shall be determined by the following:
(1) The postmining land use for land that has not been previously mined and has been properly managed shall be judged on the basis of uses which the land previously supported.
(2) The postmining land use for land that has been previously mined and not reclaimed shall be judged on the condition prior to mining or to a higher or better use that can be achieved and is compatible with surrounding areas.
(c) Alternative land uses shall be approved by the Department after consultation with the landowner or the land management agency having jurisdiction over the lands and after determining the following criteria are met:
(1) The proposed postmining land use is compatible with adjacent land use and applicable land use policies, plans and programs and Federal, State and local law. A written statement of the views of the authorities with statutory responsibilities for land use policies and plans is submitted to the Department before surface mining activities begin. Any required approval, including any necessary zoning or other changes required for land use by local, State or Federal land management agencies, is obtained and remains valid throughout the surface mining activities.
(2) The owner of the surface requests in a notarized written statement that alternative land use be approved.
(3) The proposed postmining land use is reasonably likely to be achieved which may be demonstrated by one or more of the following or other similar criteria:
(i) Provision of any necessary public facilities is ensured as evidenced by letters of commitment from parties other than the person who conducts surface mining activities, as appropriate, to provide the public facilities in a manner compatible with the plans submitted under Subchapter A (relating to general provisions). The letters shall be submitted to the Department before surface mining activities begin.
(ii) Specific plans are prepared and submitted to the Department which show the feasibility of the postmining land use as related to projected land use trends and markets. The plan shall include a schedule showing how the proposed use will be developed and achieved within a reasonable time after mining and how the development will be sustained. The Department may require appropriate demonstrations to show that the planned procedures are feasible, reasonable and integrated with mining and reclamation, and that the plans will result in successful reclamation.
(4) The proposed use will neither pose an actual or potential threat to public health or safety or of water diminution, interruption, contamination or pollution.
(5) The use will not involve unreasonable delays in reclamation or implementation.
(6) Necessary approval of measures to prevent or mitigate adverse effects on fish, wildlife and related environmental values and threatened or endangered plants is obtained from the Department, and appropriate State and Federal fish and wildlife management agencies have been provided a 30-day period in which to review the plan before surface mining activities begin.
§ 88.231. Haul roads and access roads: general.
(a) Haul roads and access roads shall be designed, constructed and maintained to control or prevent erosion and contributions of sediment to streams or runoff outside the affected area; air and water pollution; damage to fish and wildlife or their habitat; flooding and damage to public or private property. Upon completion of the associated surface mining activities, the area disturbed by the road shall be restored in accordance with § 88.237 (relating to haul roads and access roads: restoration) unless retention of the road and its maintenance plan is approved as part of the postmining land use.
(b) The haul road may not be located in or within 100 feet (30.48 meters) of a perennial or intermittent stream except in accordance with § 86.102 (relating to areas where mining is prohibited or limited). Any crossing of a perennial or intermittent stream shall be made using bridges, culverts or similar structures. Bridges, culverts or other encroachments or water obstructions comply with Chapter 105 (relating to dam safety and waterway management).
(c) Each road shall have a drainage system that is compatible with the natural drainage system, structurally stable and which will pass safely the peak flow from a 10-year precipitation event or larger event if required by the Department. The drainage system shall include sloped or crowned road surfaces, cross drains or culverts, stabilized ditches, erosion resistant surfacing, sediment traps and other appropriate sediment control measures as required by § 88.191 (relating to hydrologic balance: sediment control measures).
(d) Roads shall be constructed on stable areas that avoid wet or unstable soils.
(e) Prior to the construction of the road, all topsoil shall be removed, stored on a stable site and protected against erosion and compaction until restoration of the haul road.
(f) Any disturbed area adjacent to the road shall be vegetated or otherwise stabilized to prevent erosion.
(g) Acid-forming or toxic-forming material may not be used for surfacing or construction of a road except where the road is within the confines of a coal refuse disposal or reprocessing area and the effluent meets the requirements of § 88.187 (relating to hydrologic balance: effluent standards).
§ 88.237. Haul roads and access roads: restoration.
Unless the Department approves retention of a road as suitable for the approved postmining land use in accordance with § 88.221 (relating to postmining land use), as soon as practicable after the road is no longer needed for the associated surface mining activities:
(1) The road shall be physically closed to vehicular traffic.
(2) The road and adjacent slopes shall be regraded to blend with the natural contours and drainage pattern.
(3) All bridges and culverts shall be removed.
(4) Cross drains, dikes and water bars shall be constructed to minimize erosion.
(5) All disturbed areas shall be revegetated in accordance with § 88.209 (relating to vegetation: general requirements).
(6) All excess material and debris shall be disposed of in a manner approved by the Department.
Subchapter D. ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS § 88.283. Sealing of drilled holes: general requirements.
(a) Each exploration hole, other drill or borehole, well or other exposed underground opening (except for holes solely drilled and used for blasting) shall be sealed, backfilled or otherwise managed, as approved by the Department to:
(1) Prevent acid or other toxic drainage from entering groundwaters or surface waters.
(2) Minimize disturbance to the prevailing hydrologic balance.
(3) Ensure the safety of people, property, livestock, fish and wildlife and machinery in the permit and adjacent areas.
(4) Prevent groundwaters and surface water from entering underground mine workings.
(b) If these openings are uncovered or exposed by coal refuse disposal activities within the permit area, they shall be permanently closed unless approved for water monitoring, or otherwise managed in a manner approved by the Department.
(c) Use of a drilled hole, borehole or monitoring well as a water well shall meet the provisions of § 88.305 (relating to hydrologic balance: groundwater monitoring).
(d) Gas and oil wells shall be sealed in accordance with the Oil and Gas Act (58 P. S. §§ 601.101--601.605).
(e) A solid barrier of undisturbed earth, 125 feet (38.1 meters) in radius shall be maintained around all oil and gas wells, unless one of the following exists:
(1) The well is sealed in accordance with subsection (d).
(2) The Department approves, in writing, a lesser distance if:
(i) Access to the well is provided at all times.
(ii) The integrity of the well is maintained.
(iii) The measures included in the permit to minimize damage, destruction or disruption of services are implemented.
(f) All exploration holes, other drill or boreholes, wells (other than gas or oil wells) and other exposed underground openings which have been identified in the approved permit application for use to return waste to an underground mine as part of an operation approved under this chapter, or to be used to monitor groundwater conditions shall be protected by temporary seals, barricades, fences or other protective devices approved by the Department. These devices shall be periodically inspected and maintained in good operating condition during the coal refuse disposal activities.
§ 88.291. Hydrologic balance: general requirements.
(a) Coal refuse disposal activities shall be planned and conducted to minimize disturbances to the prevailing hydrologic balance in the permit and adjacent areas and to prevent material damage to the hydrologic balance outside the permit area. The Department may require additional preventive, remedial or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented.
(b) Prevent pollution of water and prevent, to the maximum extent possible, changes to water quality and quantity, the depth to groundwater and in the location of surface water drainage channels so that the approved post disposal land use of the permit areas is not adversely affected.
(c) The treatment requirements and effluent limitations established under § 88.192 (relating to hydrologic balance: treatment facilities) may not be violated.
(d) Each person who conducts surface mining and reclamation activities shall conduct the mining and reclamation operation to prevent water pollution and, if necessary, operate and maintain the necessary water treatment facilities until applicable treatment requirements and effluent limitations established under § 88.192 are achieved and maintained. If these practices are not adequate, the person who conducts bank removal and reclamation activities shall provide the necessary water treatment facilities to obtain the applicable water quality standards.
§ 88.292. Hydrologic balance: effluent standards.
(a) Groups of effluent criteria. A person may not allow a discharge of water from an area disturbed by mining activities which exceeds the following groups of effluent criteria. The effluent limitations shall be applied under subsection (b).
Group A
30-day Daily Instantaneous Parameter Average Maximum Maximum iron (total) 3.0 mg/l 6.0 mg/l 7.0 mg/l manganese (total) 2.0 mg/l 4.0 mg/l 5.0 mg/l suspended solids 35 mg/l 70 mg/l 90 mg/l pH 1 greater than 6.0; less than 9.0 alkalinity greater than acidity 1 1 This parameter is applicable at all times.
Group B
Instantaneous Parameter Maximum iron (total) 7.0 mg/l settleable solids 0.5 ml/l pH greater than 6.0; less than 9.0 alkalinity greater than acidity
Group C
Instantaneous Parameter Maximum pH greater than 6.0; less than 9.0 alkalinity greater than acidity * * * * *
§ 88.296. Hydrologic balance: sediment control measures.
Appropriate sediment control measures shall be designed, constructed and maintained to:
(1) Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the affected area.
(2) Meet the treatment and effluent requirements of § 88.292 (relating to hydrologic balance: effluent standards).
(3) Minimize erosion to the extent possible.
(4) Meet the requirements of Chapter 102 (relating to erosion control).
§ 88.334. Postdisposal land use.
(a) All affected areas shall be restored in a timely manner to conditions that are capable of supporting the uses which they were capable of supporting before refuse disposal, or to higher or better uses achievable under criteria and procedures of this section and prior to the release of land from the permit area in accordance with Chapter 86, Subchapter F (relating to bonding and insurance requirements).
(b) The predisposal use of land to which the postdisposal land use is compared shall be determined by the following:
(1) The postdisposal land use for land that has not been previously mined and has been properly managed shall be judged on the basis of those uses which the land previously supported.
(2) The postdisposal land use for land that has been previously mined and not reclaimed shall be judged on the basis of the condition prior to mining or to a higher or better use that can be achieved and is compatible with surrounding areas.
(c) Alternative land uses shall be approved by the Department after consultation with the landowner or the land management agency having jurisdiction over the lands and after determining that the following criteria are met:
(1) The proposed postdisposal land use is compatible with adjacent land use and applicable land use policies, plans and programs and Federal, State and local law. A written statement of the views of the authorities with statutory responsibilities for land use policies and plans is submitted to the Department before refuse disposal activities begin. Any required approval, including any necessary zoning or other changes required for land use by local, State or Federal land management agencies, is obtained and remains valid throughout the coal refuse disposal activities.
(2) The owner of the surface shall request in a notarized written statement that the alternative land use be approved.
(3) The proposed postmining land use is reasonably likely to be achieved which may be demonstrated by one or more of the following or other similar criteria:
(i) Provision of any necessary public facilities is ensured as evidenced by letters of commitment from parties other than the person who conducts refuse disposal activities, as appropriate, to provide the public facilities in a manner compatible with the plans submitted under Subchapter A (relating to general provisions). The letters shall be submitted to the Department before coal refuse disposal activities begin.
(ii) Specific plans are prepared and submitted to the Department which show the feasibility of the postmining land use as related to projected land use trends and markets. The plan shall include a schedule showing how the proposed use will be developed and achieved within a reasonable time after mining and how the development will be sustained. The Department may require appropriate demonstrations to show that the planned procedures are feasible, reasonable and integrated with mining and reclamation, and that the plans will result in successful reclamation.
(4) The proposed use shall neither pose an actual or potential threat to public health or safety or of water diminution or interruption, contamination or pollution.
(5) The use may not involve unreasonable delays in reclamation or implementation.
(6) Necessary approval of measures to prevent or mitigate adverse effects on fish, wildlife and related environmental values and threatened or endangered plants is obtained from the Department, and appropriate State and Federal fish and wildlife management agencies have been provided a 30-day period in which to review the plan before coal refuse disposal activities begin.
§ 88.335. Haul roads and access roads: general.
(a) Haul roads and access roads shall be designed, constructed and maintained to control or prevent erosion and contributions of sediment to streams or runoff outside the affected area; air and water pollution; damage to fish and wildlife or their habitat; flooding and damage to public or private property. Upon completion of the associated surface mining activities, the area disturbed by the road shall be restored in accordance with § 88.341 (relating to haul roads and access roads: restoration) unless retention of the road and its maintenance plan is approved as part of the postmining land use.
(b) The haul road may not be located in or within 100 feet of a perennial or intermittent stream except in accordance with § 86.102 (relating to areas where mining is prohibited or limited). Any crossing of a perennial or intermittent stream shall be made using bridges, culverts or similar structures. Bridges, culverts or other encroachment or water obstruction shall meet the requirement of Chapter 105 (relating to dam safety and waterway management).
(c) Each road shall have a drainage system that is compatible with the natural drainage system, structurally stable and which will pass safely the peak flow from a 10-year precipitation event or larger event if required by the Department. The drainage system shall include sloped or crowned road surface, cross drains or culverts, stabilized ditches, erosion resistant surfacing, sediment traps and other appropriate control measures as required by § 88.296 (relating to hydrologic balance: sediment control measures).
(d) Roads shall be constructed on stable areas that avoid wet or unsuitable soils.
(e) Prior to the construction of the road, all topsoil shall be removed, stored on a stable site and protected against erosion and compaction until restoration of the haul road.
(f) Any disturbed area adjacent to the road shall be vegetated or otherwise stabilized to prevent erosion.
(g) Acid or toxic-forming material may not be used for surfacing or construction of a road except where the road is within the confines of a coal refuse disposal or reprocessing area and the effluent meets the requirements of § 88.292 (relating to hydrologic balance: effluent standards).
§ 88.341. Haul roads and access roads: restoration.
Unless the Department approves retention of a road as suitable for the approved postmining land use in accordance with § 88.334 (relating to postdisposal land use), as soon as practicable after the road is no longer needed for the associated surface mining activities:
(1) The road shall be physically closed to vehicular traffic.
(2) The road and adjacent slopes shall be regraded to blend with the natural contours and drainage pattern.
(3) All bridges and culverts shall be removed.
(4) Cross drains, dikes and water bars shall be constructed to minimize erosion.
(5) All disturbed areas shall be revegetated in accordance with § 88.322 (relating to revegetation: general requirements).
(6) All excess material and debris shall be disposed of in a manner approved by the Department.
Subchapter F. ANTHRACITE UNDERGROUND MINES § 88.492. Minimum requirements for reclamation and operation plan.
* * * * *
(f) Protection of public parks and historic places.
(1) For publicly-owned parks or historic places listed on the National Register of Historic Places that may be adversely affected by the proposed operations, each application shall describe the measures to be used to accomplish the following:
* * * * *
Subchapter G. ANTHRACITE SURFACE MINING ACTIVITIES AND ANTHRACITE BANK REMOVAL AND RECLAMATION ACTIVITIES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES § 88.509. Criteria and schedule for release of bonds on pollution abatement areas.
(a) The Department will release up to 60% of the amount of bond for the authorized pollution abatement area if the applicant demonstrates and the Department finds that:
(1) The surface mining activities were conducted on the permit area, including the pollution abatement area, under the requirements of the permit and the authorization, Chapter 86 (relating to surface and underground coal mining: general) and this chapter, except as specifically modified by this subchapter.
(2) The operator has satisfactorily completed backfilling, regrading and drainage control in accordance with the approved reclamation plan.
(3) The operator has properly implemented each step of the pollution abatement plan approved and authorized under this subchapter.
(4) The operator has not caused degradation of the baseline pollution load at any time during the 6 months prior to the submittal of the request for bond release under this subsection and until the bond release is approved as shown by all ground and surface water monitoring conducted by the permittee under § 88.506(1) (relating to operational requirements) or conducted by the Department.
(5) The operator has not caused or contributed to surface water pollution or groundwater degradation by reaffecting or mining the pollution abatement area.
(b) The Department will release an additional amount of bond for the authorized pollution abatement area but retaining an amount sufficient to cover the cost to the Department of reestablishing vegetation if completed by a third party if the operator demonstrates and the Department finds that:
(1) The operator has replaced the topsoil or material conserved under §§ 88.87 and 88.183 (relating to vegetation-supporting material: available soil removal; and vegetation-supporting material: soil), completed final grading, planting and established revegetation in accordance with the approved reclamation plan and achieved the standard of success for revegetation in § 88.505(a)(5) (relating to approval or denial).
(2) The operator has not caused or contributed to surface water pollution or groundwater degradation by reaffecting or mining the pollution abatement area.
(3) The operator has complied with one of the following:
(i) Achieved the actual improvement of the baseline pollution load described in the approved abatement plan and shown by all ground and surface water monitoring conducted by the permittee for the period of time provided in the abatement plan after completion of backfilling, final grading, drainage control, topsoiling and establishment of revegetation to achieve the standard of success for revegetation in § 88.505(a)(5).
(ii) Achieved all of the following:
(A) At a minimum has not caused degradation of the baseline pollution load as shown by all ground and surface water monitoring conducted by the operator or the Department:
(I) For 12 months prior to the date of application for bond release and until the bond release is approved under subsection (b), if backfilling, final grading, drainage control, topsoiling and establishment of revegetation to achieve the standard of success for revegetation in § 88.505(a)(5) have been completed.
(II) If treatment has been initiated at any time after initial bond release under subsection (a) and in accordance with § 88.507(e) (relating to treatment of discharges), for 12 months from the discontinuance of treatment under § 88.507(d), if backfilling, final grading, drainage control, topsoiling and establishment of revegetation to achieve the standard of success for revegetation in § 88.505(a)(5) have been completed.
(B) Conducted all measures provided in the approved abatement plan and additional measures specified by the Department in writing at the time of initial bond release under subsection (a) for the area requested for bond release.
(C) Caused aesthetic or other environmental improvements or elimination of public health and safety problems by remining and reaffecting the pollution abatement area.
(D) Stabilized the pollution abatement area.
(c) The Department will release the remaining portion of the amount of bond on the authorized pollution abatement area if the applicant demonstrates and the Department finds that:
(1) The operator has successfully completed all the approved abatement and reclamation plans and the pollution abatement area is capable of supporting the postmining land use approved under §§ 88.221 and 88.334 (relating to postmining land use; and postdisposal land use).
(2) The operator has complied with the permit and the authorization, Chapter 86 and this chapter, except as specifically modified by this subchapter.
(3) The operator has not caused degradation of the baseline pollution load from the time of bond release under subsection (b) or, if treatment has been initiated after bond release under subsection (b) in accordance with § 88.507(e) for 5 years from the discontinuance of treatment under § 88.507(d).
(4) The applicable liability period has expired under § 86.151 (relating to period of liability).
CHAPTER 89. UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES
Subchapter B. OPERATIONS
INFORMATION REQUIREMENTS § 89.38. Archaeological and historical resources, public parks and publicly-owned parks.
(a) The operation plan shall describe and identify the nature of archaeological, cultural and historic resources listed on or eligible for listing on the National Register of Historic Places and known significant archaeological or cultural sites and public parks within the proposed permit area and adjacent area. The description shall be based on available information, including, but not limited to, data of State and local archaeological, historical and cultural preservation agencies. The Department may require the applicant to identify and evaluate important historic and archaeological resources that may be eligible for listing on the National Register of Historic Places, through one or more of the following:
(1) The collection of additional information.
(2) The conducting of field investigations.
(3) Other appropriate analysis.
(b) For publicly owned parks or historic places listed on the National Register of Historic Places that may be adversely affected by the proposed underground mining activities, the plan shall describe the measures to be used to accomplish one of the following:
(1) The prevention of adverse impacts and meet the requirements of Chapter 86, Subchapter D (relating to areas unsuitable for mining).
(2) The minimization of adverse impacts if valid existing rights exist or joint agency approval is to be obtained under Chapter 86, Subchapter D.
(c) The Department may require the applicant to protect historic or archaeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance if the required measures are completed before the properties are affected by underground mining activity or coal preparation activity.
PERFORMANCE STANDARDS § 89.52. Water quality standards, effluent limitations and best management practices.
* * * * *
(c) Effluent limitations. A person may not allow a discharge of water from an area disturbed by underground mining activities, including areas disturbed by mineral preparation, processing or handling facilities which exceeds the following groups of effluent standards. The effluent limitations shall be applied under subsection (d).
Group A
30-day Daily Instantaneous Parameter Average Maximum Maximum iron (total) 3.0 mg/l 6.0mg/l 7.0 mg/l manganese (total) 2.0 mg/l 4.0 mg/l 5.0 mg/l suspended solids 35 mg/l 70 mg/l 90 mg/l pH 1 greater than 6.0; less than 9.0 alkalinity greater than acidity 1 1 The parameter is applicable at all times.
Group B
Instantaneous Parameter Maximum iron (total) 7.0 mg/l settleable solids 0.5 ml/l pH greater than 6.0; less than 9.0 alkalinity greater than acidity
Group C
Instantaneous Parameter Maximum pH greater than 6.0; less than 9.0 alkalinity greater than acidity
* * * * *
§ 89.65. Protection of fish, wildlife and related environmental values.
(a) The operator shall to the extent possible, using the best technology currently available, minimize disturbances and adverse impacts of the activities on fish, wildlife and related environmental values, and achieve enhancement of the resources when practicable.
(b) The operator shall promptly report to the Department the presence in the permit area of any threatened or endangered species under State or Federal law of which that person becomes aware and which was not previously reported to the Department by that person.
(c) The operator shall ensure that the design and construction of any new electric power lines and other transmission facilities to be used for or incidental to the underground mining activities on the permit area shall be designed and constructed in accordance with the guidelines in Environmental Criteria for Electric Transmission Systems (USDI, ISDA (1970)), or in alternative guidance manuals approved by the Department. Distribution lines shall be designed and constructed in accordance with REA Bulletin 61-10 Powerline Contact by Eagles and Other Large Birds or in alternative guidance manuals approved by the Department. For information purposes, these two documents are available at the Office of Surface Mining Office, United States Department of the Interior, South Interior Building, Washington, D.C., 20240, and at each Office of Surface Mining Regional Office, District Office and Field Office.
(d) The operator shall to the extent possible, using the best technology currently available:
(1) Locate and operate haul and access roads to avoid or minimize impacts to fish and wildlife species or other species protected by State or Federal law.
(2) Avoid disturbances to, enhance where practicable, or restore habitats of unusually high value for fish and wildlife.
(3) When practicable, maintain natural riparian vegetation on the banks of streams, lakes and other wetland areas.
(4) Not use restricted pesticides or herbicides on the area during underground mining and reclamation activities unless approved by the Department of Agriculture.
§ 89.67. Support facilities.
(a) Support facilities required for, or used incidentally to, the operation of the underground mine, including, but not limited to, mine buildings, coal loading facilities at or near the mine site, coal storage facilities, equipment storage facilities, fan buildings, hoist buildings, preparation plants, sheds, shops and other buildings, shall be located, maintained and used in a manner that does the following:
(1) Prevents or controls erosion and siltation, water pollution and damage to public or private property.
(2) To the extent possible using the best technology currently available:
(i) Minimizes damage to fish, wildlife and related environmental values.
(ii) Minimizes additional contributions of suspended solids to streamflow or runoff outside the permit area. Contributions may not be in excess of limitations of State or Federal law.
(b) All underground mining activities shall be conducted in a manner which minimizes damage, destruction or disruption of services provided by oil, gas and water wells; oil, gas and coal-slurry pipelines; railroads; electric and telephone lines; and water and sewage lines which pass over, under or through the permit area, unless otherwise approved by the owner of those facilities and the Department.
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