[27 Pa.B. 2255]
[Continued from previous Web Page] § 87.106. Hydrologic balance: sediment control measures.
Appropriate sediment control measures shall be designed, constructed and maintained using the best technology currently available to:
(1) Prevent to the [maximum] extent possible contributions of sediment to streamflow or to runoff outside the affected area.
* * * * * (3) [Prevent] Minimize erosion to the [maximum] extent possible.
* * * * * § 87.126. Use of explosives: public notice of blasting schedule.
(a) Blasting schedule publication.
(1) Each person who conducts surface mining activities shall publish a blasting schedule in a newspaper of general circulation in the locality of the proposed site, at least 10 days, but not more than [20] 30 days, before beginning a blasting program in which blasts that use more than 5 pounds of explosives or blasting agents are detonated.
* * * * * § 87.127. Use of explosives: surface blasting requirements.
* * * * * (f) Requirements for blasting are as follows:
* * * * * (5) Flyrock, including blasted material traveling along the ground, may not be cast from the blasting vicinity more than one-half the distance to the nearest dwelling or other occupied structure and in no case beyond the [line of property owned or leased by the permittee] permit boundary, or beyond the area or regulated access required under subsection (d).
* * * * * § 87.138. Protection of fish, wildlife and related environmental values.
(a) A person conducting surface mining activities shall, to the extent possible using the best technology currently available:
(1) [Prevent] Minimize disturbances and adverse impacts of the activities on fish, wildlife and related environmental values, and achieve enhancement of the resources when practicable.
(2) Locate and operate haul and access roads to [prevent] avoid or minimize impacts to fish and wildlife species or other species protected by State or Federal law.
(3) [Prevent] Avoid disturbance to, enhance where practicable, or restore, habitats of unusually high value for fish and wildlife.
* * * * * (b) A person who conducts surface mining activities shall promptly report to the Department the presence in the permit area of threatened or endangered species under State or Federal laws of which that person becomes aware and which was not previously reported to the Department by that person. Upon notification, the Department will consult with the Game Commission or the Fish and Boat Commission and appropriate Federal fish and wildlife agencies and, after consultation, will identify whether, and under what conditions, the operator may proceed.
* * * * * § 87.144. Backfilling and grading: final slopes.
* * * * * (c) On approval by the Department in order to conserve soil moisture, ensure stability, and control erosion on final graded slopes, cut and fill terraces may be allowed if the terraces are compatible with the approved postmining land use and are substitutes for construction of lower grades on the reclaimed lands. [The terraces shall meet the following requirements:
(1) The width of the individual terrace bench shall not be less than 20 feet.
(2) The vertical distance between terraces shall be as approved by the Department to prevent excessive erosion and to provide long-term stability.
(3) The slope of the terrace outslope may not exceed 1v:2h--50%. Outslopes which exceed 1v:2h--50% may be approved, if they have a minimum static safety factor of more than 1.3, provide adequate control over erosion, and closely resemble the surface configuration of the land prior to mining. In no case may highwalls be left as part of terraces.
(4) Culverts and underground rock drains may be used on the terrace only when approved by the Department.]
* * * * * (f) All final grading, preparation of overburden before replacement of topsoil, and placement of topsoil shall be [done along the contour to minimize subsequent erosion and instability. If the grading, preparation, or placement along the contour is hazardous to equipment operators, then grading, preparation or placement in a direction other than generally parallel to the contour may be used. In all cases grading, preparation or placement shall be] conducted in a manner which minimizes erosion and provides a surface for replacement of topsoil which will minimize slippage.
§ 87.146. Regrading or stabilizing rills and gullies.
[When a rill or gully deeper than 9 inches forms in areas that have been regraded and planted, the rill and gully shall be filled, graded or otherwise stabilized and the area reseeded or replanted under §§ 87.147--87.153, 87.155 and 87.156. The Department will specify that a rill or gully of lesser size be stabilized and the area reseeded or replanted if the rill or gully is disruptive to the approved postmining land use or may result in additional erosion and sedimentation. The regrading or stabilization of a rill or gully to include the reseeding or replanting shall be completed by the first normal period for favorable planting as established within § 87.148 (relating to revegetation: timing), except a rill or gully contributing to impacts outside the permit area or a rill or gully occurring after removal of erosion and sedimentation control structures which shall be stabilized immediately.]
(a) Exposed surface areas shall be protected and stabilized to effectively control erosion and air pollution attendant to erosion.
(b) Rills and gullies, which form in areas that have been regraded and topsoiled and which do one of the following shall be filled, regraded or otherwise stabilized:
(1) Disrupt the approved postmining land use or the reestablishment of the vegetative cover.
(2) Cause or contribute to a violation of water quality standards for receiving streams.
(c) For the areas listed in subsection (b), the topsoil shall be replaced and the areas shall be reseeded or replanted.
§ 87.159. Postmining land use.
* * * * * (b) The premining use of land to which the postmining land use is compared shall be determined by the following:
* * * * * [(3) The postmining land use for land that has received improper management shall be judged on the basis of the premining use of surrounding lands that have received proper management.
(4) The postmining land use of land which was changed within 5 years of the beginning of mining shall be judged on the basis of the historic use of the land as well as its use immediately preceding mining.]
(c) Alternative land uses may be approved by the Department after consultation with the landowner or the land management agency having jurisdiction over thelands and after determining that the following criteria are met:
* * * * * (2) [The owner of the surface requests in a notarized written statement that such alternative land use be approved.] 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:
[(3)] (i) ***
[(4)] (ii) ***
[(5)] (iii) ***
[(6) Plans for the postmining land use are designed and certified by a registered professional engineer in conformance with professional standards established to assure the stability, drainage and configuration necessary for the intended use of the site.]
[(7)] (3) ***
[(8)] (4) ***
[(9)] (5) ***
§ 87.160. Haul roads and access roads.
(a) Haul roads and access roads shall be designed, constructed and maintained to [prevent, to the maximum extent possible,] control or prevent erosion and [to prevent] contributions of sediment to streams or runoff outside the affected area; air and water pollution; damage to fish and wildlife or their habitat; and flooding and damage to public or private property. To ensure environmental protection appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement and culvert size, in accordance with current, prudent engineering practices and necessary design criteria established by the Department. Upon completion of the associated surface mining activities, the area disturbed by the road shall be restored in accordance with § 87.166 (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.
* * * * * § 87.166. 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 § 87.159 (relating to postmining land use), [immediately] as soon as practicable after the road is no longer needed for the associated surface mining activities:
* * * * * (4) Roadbeds shall be ripped[, plowed and] or scarified.
* * * * * § 87.173. Support facilities and utility installations.
(a) Support facilities required for, or used incidentally to, the operation of the 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 [designed, constructed or reconstructed and located to prevent or control erosion and siltation, water pollution, and damage to public or private property. Support facilities shall be designed, constructed or reconstructed, maintained and used in a manner which prevents, to the maximum extent possible using the best technology currently available:
(1) Damage to fish, wildlife and related environmental values.
(2) Erosion and additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions may not be in excess of limitations of State or Federal law.] 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. These contributions may not be in excess of limitations of State or Federal law.
* * * * * § 87.174. Steep slope operations.
* * * * * [(g) Unlined or unprotected drainage channels may not be constructed on the backfilled areas unless approved by the Department as stable and not subject to erosion.]
§ 87.176. Auger mining.
* * * * * [(d) Auger mining operations may not be conducted to the rise of the coal unless the person who conducts mining activities demonstrates to the satisfaction of the Department that drainage from the auger hole will not pose a threat of pollution to surface waters and will comply with § 87.102 (relating to hydrologic balance: effluent standards).]
[(e)] (d) The Department will prohibit auger mining [if it determines that one of] unless the person conducting the surface mining activities demonstrates, the following [applies]:
(1) Adverse water quality impacts [cannot] can be prevented or corrected.
(2) Fill stability [cannot] can be achieved.
(3) The [prohibition] auger mining is necessary to maximize the utilization, recoverability or conservation of the solid fuel resources.
(4) Subsidence resulting from auger mining [may] will not disturb or damage powerlines, pipelines, buildings or other facilities.
Subchapter F. SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES § 87.209. Criteria and schedule for release of bonds on pollution abatement areas.
(a) The Department will release up to [50] 60% of the amount of bond for the authorized pollution abatement area if the applicant demonstrates and the Department finds that:
* * * * * (4) The operator has not caused degradation of the baseline pollution load [for] at any time during a period of [a minimum of] 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 § 87.206(1) (relating to operational requirements) or conducted by the Department.
* * * * * (b) The Department will release an additional amount [not to exceed 35% of the amount of bond for the authorized pollution abatement area if the applicant demonstrates and the Department finds that] of bond for the authorized pollution abatement area but retain 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:
* * * * * (3) The operator has complied with one [either] of the following:
* * * * * (ii) Achieved the following:
(A) At a minimum has not caused degradation of the baseline pollution load as shown by ground and surface water monitoring conducted by the operator or the Department for one of the following:
(I) For a period of 12 months [from the date of initial bond release under subsection (a),] 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 [set forth] in § 87.205(a)(5) have been completed.
* * * * * (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:
* * * * * (4) The applicable liability period[, which shall be measured from the date of release of bond under subsection (b),] has expired under § 86.151 (relating to period of liability).
CHAPTER 88. ANTHRACITE COAL
Subchapter A. GENERAL PROVISIONS
PRELIMINARY PROVISIONS § 88.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Land use--Specific uses or management-related activities, rather than the vegetation or cover of the land. Land uses may be identified in combination when joint or seasonal uses occur. A change of land use from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the Department. The term is further defined as:
* * * * * (x) Unmanaged natural habitat. Idle land which does not require a specific management plan after the reclamation and revegetation have been accomplished.
* * * * * § 88.56. Protection of [public] publicly owned parks and historic places.
(a) For [public parks or historic places] 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 B. SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS § 88.83. Sealing of drilled holes: general requirements.
(a) An exploration hole, other drill or borehole, well or other exposed opening (except for holes solely drilled and used for blasting), shall be sealed, backfilled or otherwise managed, as approved by the Department, in order to do the following:
* * * * * (2) [Prevent to the maximum extent possible] minimize disturbance to the prevailing hydrologic balance.
* * * * * (e) A solid barrier or undisturbed earth, 125 feet (38 meters) in radius shall be maintained around all oil and gas wells, unless:
* * * * * (2) The Department approves in writing a lesser distance provided:
* * * * * [(iii) The well operator agrees in writing to the lesser distance.]
§ 88.91. Hydrologic balance: general requirements.
(a) Surface mining activities shall be planned and conducted to [prevent, to the maximum extent possible,] minimize disturbances to the prevailing hydrologic balance in [both] the permit and adjacent areas and to prevent material damage to the hydrologic balance outside the permit area. Where the area has been previously mined, the surface mining activity shall be planned and conducted to maximize the abatement of water pollution and the reclamation of the land.
* * * * * § 88.92. 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 pH1 greater than 6.0; less than 9.0 alkalinity greater than acidity1
1 The parameter is applicable at all times.
Group B
Parameter Instantaneous Maximum iron (total) 7.0 mg/l [manganese (total)] [5.0 mg/l] settleable solids 0.5 ml/l pH greater than 6.0; less than 9.0 alkalinity greater than acidity
Group C
Parameter Instantaneous Maximum pH greater than 6.0; less than 9.0 alkalinity greater than acidity * * * * *
§ 88.96. Hydrologic balance: sediment control measures.
Appropriate sediment control measures shall be designed, constructed and maintained to:
(1) Prevent, to the [maximum] extent possible, contributions of sediment to streamflow or to runoff outside the affected area.
* * * * * (3) [Prevent] Minimize erosion to the [maximum] extent possible.
* * * * * § 88.118. Backfilling and grading: final slopes.
* * * * * (c) Cut and fill terraces may be allowed on approval by the Department in order to conserve soil moisture, ensure stability and control erosion on final graded slopes, if the terraces are compatible with the approved postmining land use and are substitutes for construction of lower grades on the reclaimed lands. [The terraces shall meet the following requirements:
(1) The vertical distance between terraces shall be as approved by the Department to prevent excessive erosion and to provide long-term stability.
(2) The slope of the terrace outslope may not exceed 1v:2h--50%. Outslopes which exceed 1v:2h--50% may be approved, if they have a minimum static safety factor of more than 1.3, provide adequate control over erosion, and closely resemble the surface configuration of the land prior to mining. In no case may highwalls be left as part of a terrace face.
(3) Culverts and underground rock drains may be used on the terrace only when approved by the Department.]
* * * * * (f) All final grading, preparation [or]of overburden before replacement of soil or suitable vegetation support material shall be [done along the contour to minimize subsequent erosion and instability. If such grading, preparation or placement along the contour is hazardous to equipment operators, the grading, preparation, or placement in a direction other than generally parallel to the contour may be used. In all cases, grading, preparation or placement shall be] conducted in a manner which minimizes erosion and provides a surface for replacement of soil which will minimize slippage.
§ 88.133. 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 mining, 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 E (relating to coal exploration)], 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:
* * * * * [(3) The postmining land use for land that has received improper management shall be judged on the basis of the premining use of surrounding lands that have received proper management.
(4) The postmining land use of land which was changed within 5 years of the beginning of mining shall be judged on the basis of the historic use of the land as well as its use immediately preceding mining.]
(c) Alternative land uses will 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:
* * * * * (2) [The owner of the surface requests in a notarized written statement that such alternative land use be approved.] 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:
[(3)] (i) ***
[(4)] (ii) ***
[(5) Plans for the postmining land use are designed and certified by a registered professional engineer, in conformance with professional standards established to assure the stability, drainage and configuration necessary for the intended use of the site.]
[(6)] (3) ***
[(7)] (4) ***
[(8)] (5) ***
§ 88.138. Haul roads and access roads: general.
(a) Haul roads and access roads shall be designed, constructed and maintained to [prevent to the maximum extent possible] control or prevent erosion and [to prevent] 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.
* * * * * § 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), [immediately] as soon as practicable after the road is no longer needed for the associated surface mining activities:
* * * * *
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 pH1 greater than 6.0; less than 9.0 alkalinity greater than acidity1 1 The parameter is applicable at all times.
Group B
Parameter Instantaneous Maximum iron (total) 7.0 mg/l [manganese (total)] [5.0 mg/l] settleable solids 0.5 ml/l pH greater than 6.0; less than 9.0 alkalinity greater than acidity
Group C
Parameter Instantaneous 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 [maximum] extent possible, contributions of sediment to streamflow or to runoff outside the permit.
* * * * * (3) [Prevent] Minimize erosion to the [maximum] extent possible.
* * * * * § 88.221. Postmining land use.
* * * * * (b) The premining use of land to which the postmining land use is compared shall be determined by the following:
* * * * * [(3) The postmining land use for land that has received improper management shall be judged on the basis of the premining use of surrounding lands that have received proper management.
(4) The postmining land use of land which was changed within 5 years of the beginning of mining shall be judged on the basis of the historic use of the land as well as its use immediately preceding mining.]
(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:
* * * * * (2) [The owner of the surface requests in a notarized written statement that alternative land use be approved.] 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:
[(3)] (i) ***
[(4)] (ii) ***
[(5) Plans for the postmining land use are designed and certified by a registered professional engineer, in conformance with professional standards established to assure the stability, drainage and configuration necessary for the intended use of the site, appropriate professional, who shall ensure that the plans conform to applicable accepted standards for adequate land stability, drainage, vegetative cover and esthetic design appropriate for the postmining use of the site.
(6)] (3) ***
[(7)] (4) ***
[(8)] (5) ***
§ 88.231. Haul roads and access roads: general.
(a) Haul roads and access roads shall be designed, constructed and maintained to [prevent to the maximum extent possible] control or prevent erosion and [to prevent] 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.
* * * * * § 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), [immediately] as soon as practicable after the road is no longer needed for the associated surface mining activities:
* * * * *
Subchapter D. ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS § 88.283. Sealing of drilled holes: general requirements.
* * * * * (e) A solid barrier of undisturbed earth, 125 feet (38 meters) in radius shall be maintained around all oil and gas wells, unless one of the following exists:
* * * * * (2) The Department approves, in writing, a lesser distance, provided that:
* * * * * [(iii) The well operator agrees to such lesser distance.]
* * * * * § 88.291. Hydrologic balance: general requirements.
(a) Coal refuse disposal activities shall be planned and conducted to [prevent, to the maximum extent possible,] minimize disturbances to the prevailing hydrologic balance in [both] the permit and adjacent areas and to prevent material damage to the hydrologic balance outside the permit area.
* * * * * § 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 pH1 greater than 6.0; less than 9.0 alkalinity greater than acidity1 1 This parameter is applicable at all times.
Group B
Parameter Instantaneous Maximum iron (total) 7.0 mg/l [manganese (total)] [5.0 mg/l] settleable solids 0.5 ml/l pH greater than 6.0; less than 9.0 alkalinity greater than acidity
Group C
Parameter Instantaneous 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 [maximum] extent possible, additional contributions of sediment to streamflow or to runoff outside the affected area.
* * * * * § 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 [this section (Bonds)] 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:
* * * * * [(3) The postdisposal land use for land that has received improper management shall be judged on the basis of the predisposal use of surrounding lands that have received proper management.
(4) The postdisposal land use of land which was changed within 5 years of the beginning of mining shall be judged on the basis of the historic use of the land as well as its use immediately preceding mining.]
(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, shall be obtained and remains valid throughout the [surface mining] coal refuse disposal activities.
(2) [The owner of the surface shall request in a notarized written statement that such alternative land use be approved.] 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:
[(3)] (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 [surface mining] coal refuse disposal activities begin.
[(4)] (ii) ***
[(5) Plans for the postdisposal land use are designed and certified by a registered professional engineer, in conformance with professional standards established to assure the stability, drainage and configuration necessary for the intended use of the site.
(6)] (3) ***
[(7)] (4) ***
[(8)] (5) ***
§ 88.335. Haul roads and access roads: general.
(a) Haul roads and access roads shall be designed, constructed and maintained to [prevent, to the maximum extent possible] control or prevent erosion and [to prevent] contributions of sediment to streams or runoff outside the affected area; air and water pollution; damage to fish and wildlife or their habitat; and 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.
* * * * * § 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), [immediately] as soon as practicable after the road is no longer needed for the associated surface mining activities:
* * * * *
Subchapter F. ANTHRACITE UNDERGROUND MINES § 88.492. Minimum requirements for reclamation and operation plan.
* * * * * (f) Protection of [public] publicly owned parks and historic places.
(1) For [a public park or historic place] 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 [50] 60% of the amount of bond for the authorized pollution abatement area if the applicant demonstrates and the Department finds that:
* * * * * (4) The operator has not caused degradation of the baseline pollution load [for a minimum] at any timeduring a period of 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.
* * * * * (b) The Department will release an additional amount [not to exceed 35% of the amount of the bond for the authorized pollution abatement area if the applicant demonstrates and the Department finds that:] 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:
* * * * * (3) The operator has complied with [either] one of the following:
* * * * * (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 [from the date of initial bond release under subsection (a)] 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 [set forth] in § 88.505(a)(5) have been completed[; or]
* * * * * (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:
* * * * * (4) The applicable liability period[, which shall be measured from the date of release of bond under subsection (b),] has expired under § 86.151 (relating to period of liability).
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