[27 Pa.B. 2255]
[Continued from previous Web Page]
CHAPTER 89. UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES
Subchapter B. OPERATIONS
INFORMATION REQUIREMENTS § 89.38. Archaeological and historical resources [and], public parks and publicly owned parks.
* * * * * (b) 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 underground mining activities, the plan shall describe the measures to be used to accomplish one of the following:
* * * * *
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 6.0 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 * * * * *
§ 89.65. Protection of fish, wildlife and related environmental values.
(a) The operator shall to the extent possible, using the best technology currently available, [prevent] minimize disturbances and adverse impacts of the activities on fish, wildlife and related environmental values, and achieve enhancement of the resources when practicable.
* * * * * (d) The operator shall to the extent possible, using the best technology currently available:
(1) 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.
(2) [Prevent] Avoid disturbances to, enhance where practicable, or restore, habitats of unusually high value for fish and wildlife.
* * * * * § 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 [designed, constructed or reconstructed, and located to prevent or control erosion and sedimentation, water pollution and damage to public or private property. Support facilities shall be designed, constructed or reconstructed, maintained and used in a manner which, using the best technology currently available prevents:
(1) Damage to fish, wildlife and related environmental values.
(2) Additional contributions of suspended solids to streamflow or runoff outside the disturbed area. 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. Contributions may not be in excess of limitations of State or Federal law.
* * * * *
Subchapter C. RECLAMATION
PERFORMANCE STANDARDS § 89.82. Protection of fish, wildlife and related environmental values.
(a) The operator shall, to the extent possible using the best technology currently available, [prevent] minimize disturbances and adverse impacts [of the reclamation activities] on fish, wildlife and related environmental values, and achieve enhancement of the resources where practicable.
(b) The operator 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, identify whether, and under what conditions, the operator may proceed.
(c) The operator shall, to the extent possible using the best technology currently available:
* * * * * (e) Underground mining activities may not be conducted which are likely to jeopardize the continued existence of endangered or threatened species listed by the Secretary of the Interior, the Game Commission or the Fish and Boat Commission or which are likely to result in the destruction or adverse modification of designated critical habitats of these species in violation of the Endangered Species Act of 1973, the act of December 28, 1973 (Pub. L. No. 93-205) (87 Stat. 884).
§ 89.87. Regrading or stabilizing rills and gullies.
[(a) When rills or gullies deeper than 9 inches form in areas that have been regraded and have had topsoil applied, the rills and gullies shall be filled, graded or otherwise stabilized and the areas reseeded or replanted according to § 89.86 (relating to revegetation). The Department may specify that rills or gullies of lesser size be stabilized, and the area reseeded or replanted, if the rills or gullies are disruptive to the approved postmining land use or may result in additional erosion and sedimentation.
(b) The regrading or stabilization of rills and gullies to include the reseeding or replanting shall be completed no later than the first normal period for favorable planting as established within § 89.86, except rills or gullies contributing to impacts outside the permit area or those rills or gullies occurring after removal of erosion and sedimentation control structures 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 areas listed in subsection (b), the topsoil shall be replaced, and the areas shall be reseeded or replanted.
§ 89.88. Postmining land use.
* * * * * (b) The premining use of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land had not been previously mined and had been properly managed.
* * * * * [(2) 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.
(3) If the premining use of the land was changed within 5 years of the beginning of mining, the comparison of postmining use to premining use shall include a comparison with 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 the lands, provided that:
* * * * * (2) The proposed postmining land use is reasonably likely to be achieved which may be demonstrated by the following or other similar criteria:
[(2)] (i) ***
[(3) Plans for the postmining land use are designed under the general supervision of a registered professional engineer, or other appropriate professional, who will 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.]
[(4)] (3) ***
[(5)] (4) ***
[(6)] (5) ***
[(7)] (6) ***
* * * * * § 89.90. Restoration of roads.
(a) Unless the Department approves retention of a road as suitable for the approved postmining land use, [immediately] as soon as practicable after the road is no longer needed for operations, reclamation or monitoring:
* * * * * (4) Roadbeds shall be ripped[, plowed and] or scarified.
* * * * *
CHAPTER 90. COAL REFUSE DISPOSAL
Subchapter A. GENERAL PERMIT AND APPLICATION REQUIREMENTS FOR COAL REFUSE DISPOSAL § 90.1. 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. Changes 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.
* * * * * (x) Unmanaged natural habitat. Idle land which does not require a specific management plan after the reclamation and revegetation have been accomplished.
* * * * *
Subchapter C. MINIMUM OPERATION AND RECLAMATION PLAN INFORMATION REQUIRED IN APPLICATIONS FOR COAL REFUSE DISPOSAL § 90.40. Protection of [public] publicly owned parks and historic places.
(a) For [public park 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 coal refuse disposal activities, each application shall describe the measures to be used to accomplish the following:
(1) [To prevent] Prevent adverse impacts and meet the requirements of Chapter 86, Subchapter D (relating to areas unsuitable for mining).
(2) [To minimize] Minimize adverse impacts if valid existing rights exist or joint agency approval is to be obtained under Chapter 86, Subchapter D.
* * * * *
Subchapter D. PERFORMANCE [STANDARD] STANDARDS FOR COAL REFUSE DISPOSAL § 90.93. Casing and sealing of drilled holes and underground workings.
* * * * * (d) Gas and oil wells shall be sealed in accordance with [the requirements of] the [Gas Operations, Well-Drilling, Petroleum and Coal Mining Act (52 P. S. §§ 2101--2602).] Oil and Gas Act (58 P. S. §§ 601.101--601.605.)
(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 happens:
* * * * * (2) The Department approves, in writing, a lesser distance, provided:
* * * * * [(iii) The well operator agrees in writing to the lesser distance.]
* * * * * § 90.97. Topsoil: removal.
* * * * * (c) If topsoil is less than 12 inches (30.48 centimeters), a 12-inch (30.48 centimeters) layer of topsoil, subsoil and unconsolidated materials shall be removed, segregated, conserved and replaced as the final surface soil layer. If the topsoil and all unconsolidated material measures less than 12 inches (30.48 centimeters), all the topsoil, subsoil and unconsolidated material shall be removed and the mixture segregated and redistributed as the final surface soil layer.
* * * * * (f) When approved by the Department, in writing, other material may be substituted or used as a supplement to topsoil if the operator demonstrates that the resulting soil medium is equal or more suitable than topsoil for sustaining vegetation and soil productivity. In making this demonstration, the Department may require chemical and physical analyses of the substituted material and [subsoil] topsoil. These analyses may include determinations of pH, net acidity or alkalinity, phosphorus, potassium, texture class, field site trials or greenhouse tests or other analyses as required by the Department.
§ 90.101. Hydrologic balance: general requirements.
(a) Coal refuse disposal activities shall be planned and conducted to [prevent, to the maximum extent possible, changes] 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.
* * * * * § 90.102. Hydrologic balance: water quality standards, effluent limitations and best management practices.
(a) A person may not allow a discharge of water from an area disturbed by coal refuse disposal activities, including areas disturbed by mineral preparation, processing or handling facilities which exceeds the following groups of effluent criteria. The effluent imitations are to 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 1The 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 * * * * *
§ 90.106. Hydrologic balance: erosion and sedimentation control.
(a) Appropriate erosion and 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 stream flow or to runoff outside the affected area.
* * * * * (3) [Prevent] Minimize erosion to the [maximum] extent possible.
* * * * * § 90.134. Haul roads and access roads: general.
(a) Haul roads and access roads shall be designed, constructed and maintained to [minimize erosion and to prevent:] control or prevent contributions of sediment to streams or runoff outside the affected area; flooding; air and water pollution; damage to fish and wildlife or their habitat; 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 § 90.140 (relating to haul roads and access roads: restoration) unless retention of the road and its maintenance plan are approved as part of the postmining land use.
* * * * * § 90.140. Haul roads and access roads: restoration.
Unless the Department approves retention of a road as suitable for the approved postdisposal land use in accordance with § 90.166 (relating to postdisposal land use), [immediately] as soon as practicable after the road is no longer needed for operations, reclamation or monitoring:
* * * * * (4) Roadbeds shall be ripped[, plowed and] or scarified.
* * * * * § 90.147. Support facilities and utility installations.
(a) Support facilities required for, or used incidentally to, the operation of the coal refuse disposal area, including, but not limited to, buildings, coal loading facilities at or near the coal refuse disposal 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, using the best technology currently available:
(1) Damage to fish, wildlife and related environmental values.
(2) Additional contributions of suspended solids to streamflow or runoff outside the permit area. The 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.
* * * * * § 90.150. Protection of fish, wildlife and related environmental values.
(a) A person conducting coal refuse disposal 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 practical.
(2) [Prevent] 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.
(3) [Prevent] Avoid disturbance to, enhance where practicable, or restore, habitats of unusually high value for fish and wildlife.
* * * * * (b) A person who conducts coal refuse disposal 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.
* * * * * (d) Coal refuse disposal activities may not be conducted which are likely to jeopardize the continued existence of endangered or threatened species listed by the Secretary of the Interior, the Game Commission or the Fish and Boat Commission or which are likely to result in the destruction or adverse modification of designated critical habitats of the species in violation of the Endangered Species Act of 1973, act of December 28, 1973 (Pub. L. No. 93-205, 87 Stat. 884).
§ 90.166. Postdisposal land use.
(a) Prior to the release of land from permit area in accordance with Chapter 86 [Subchapter E (relating to coal exploration)], Subchapter F (relating to bonding and insurance requirements), 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 coal refuse disposal activities, or to higher or better uses achievable under criteria and procedures of this section.
(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 coal refuse disposal activities shall be judged on the basis of the historic use of the land as well as its use immediately preceding disposal.]
(c) Alternative land uses may 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)] (iii) ***
[(6) 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.]
[(7)] (3) ***
[(8)] (4) ***
[(9)] (5) ***
[Pa.B. Doc. No. 97-725. Filed for public inspection May 2, 1997, 9:00 a.m.]
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