[27 Pa.B. 2379]
[Continued from previous Web Page] Proposed subsection (j) is a relocated performance standard which prohibits mining in an area which is not covered by an approved subsidence control plan.
Proposed subsection (k) is a new performance standard which requires mine operators to report mine subsidence damage claims to the Department. This requirement will enable the Department to investigate subsidence damage incidents near the time of occurrence when details relating to causation and extent of damage are best observed.
§ 89.143a. Subsidence control: procedure for resolution of subsidence damage claims.
This proposed section addresses new subject matter. As proposed, § 89.143a describes the responsibilities of operators, structure owners and the Department in resolving claims of mine subsidence damage. These responsibilities are taken directly from section 5.5 of the BMSLCA. The proposed section, like the statute, allows 6 months for an operator and structure owner to resolve the claim without Department intervention.
§ 89.144a. Subsidence control: relief from responsibility.
This proposed section addresses new subject matter. New § 89.144a, describes the conditions under which an operator may be relieved of responsibility to repair or compensate for damage to a structure. The provisions of this section come directly from the BMSLCA, and are included to alert operators and structure owners of their rights and responsibilities under the BMSLCA.
§ 89.145a. Water supply replacement: performance standards.
This proposed section addresses new subject matter. Proposed § 89.145a includes the performance standards which apply to the surveying of water supplies and the restoration or replacement of water supplies which have been contaminated, diminished or interrupted by underground mining.
Subsection (a) imposes on operators the responsibility to conduct premining surveys of all water supplies prior to mining in an area which could result in the water supplies being impacted. At a minimum, the survey must be conducted prior to the time underground mining encroaches within 1,000 feet of a water supply. The 1,000 foot distance is a readily determinable criterion which will generally suffice to ensure that baseline data is collected prior to the onset of mining related impacts. The proposed language provides for the distance to be increased in situations when the Department determines that supplies may be endangered outside the 1,000 foot range, and decreased if the Department determines that supplies at lesser distances are unlikely to be affected.
A survey must be conducted unless the landowner denies the operator access to the supply. The responsibility to conduct surveys is implicit in sections 5.1 and 5.2 of the BMSLCA and required by 30 CFR 784.20(a)(3). Although the Federal regulations require that operators conduct surveys at the time of permit application, the procedures outlined in § 89.145a(a) should be equally effective in ensuring the acquisition of unbiased baseline data. Furthermore, the procedures in § 89.145a(a) will serve to account for any additional uses which a landowner develops between the time of permit application and the time the water supply is affected. Proposed subsection (a) also specifies the type of information which an operator is required to collect during the premining survey.
Proposed subsection (b) sets forth the basic responsibility of an operator to replace a water supply which has been impacted by his underground mining. The provision comes directly from section 5.1 of the BMSLCA.
Proposed subsection (c) requires an operator to notify the Department within 24 hours of receiving a complaint that his underground mining has affected a water supply. This requirement is derived from section 5.2 (a)(3) of the BMSLCA.
Proposed subsection (d) reflects an operator's responsibility to diligently investigate claims of water supply contamination, diminution or interruption that are brought to his attention. This requirement is derived from section 5.2(a)(1) of the BMSLCA.
Proposed subsection (e) describes an operator's responsibility to provide temporary water to water users whose water supplies have been impacted and who are without a readily available alternate source of water. The requirement applies to those water supplies which are located within the rebuttable presumption area as defined by the 35° angle of dewatering influence. The requirement comes from section 5.2(a)(2) of the BMSLCA. It is important to note that mine operators must also provide temporary water to water users outside the rebuttable presumption area if ordered to do so by the Department.
Proposed subsection (f) describes the criteria which will be used to determine the adequacy of a restored or replacement water supply. The criteria presented are derived from section 5.1(a) of the BMSLCA and the Department's surface mining regulatory program where similar water supply replacement requirements have been in place for many years. Many of the criteria derive from Commonwealth case law. Although the criteria differ from those of the Federal program, they are expected to provide equivalent restored or replacement supplies in most cases.
Given seasonal variations in water quality, water supplies replaced to safe drinking water standards under the Commonwealth's program will generally be indistinguishable from water supplies replaced to premining conditions under the Federal program. Likewise, a replacement water supply which meets usage standards should not differ substantially from a replacement water supply which is equivalent in quantity to the premining water supply given that premining quantity determinations will usually be made using pumping equipment sized to meet the needs of the water user.
§ 89.146a. Water supply replacement: procedure for resolution of water supply damage claims.
This section has been retitled and revised to address new subject matter. As proposed, § 89.146a consolidates the duties of operators, landowners, water users and the Department in resolving claims of water supply contamination, diminution or interruption. The procedures are based on section 5.2 of the BMSLCA.
§ 89.152. Water supply replacement: relief from responsibility.
Proposed § 89.152 is a new regulatory section describing the conditions under which an operator may be relieved of responsibility to restore or replace a water supply. These releases are based on sections 5.1 and 5.2 of the BMSLCA.
§ 89.153. Water supply replacement: rebuttable presumption.
Proposed § 89.153 is a new regulatory section which describes the effect of the rebuttable presumption provision under section 5.2 of the BMSLCA, and the means by which an operator may rebut the presumption that he is liable for the contamination, diminution or interruption of a water supply.
§ 89.154. Maps.
Proposed § 89.154 describes the contents of mine subsidence control plan maps and 6 month maps. Most of these requirements are existing and have been relocated from their current location under § 89.142. Several new requirements have been added to reflect information associated with the Act 54 amendments to the BMSLCA and Federal counterpart regulations.
In proposed subsection (a), the scope of the general mine map has been modified to comply with Federal mapping requirements in 30 CFR 784.20(a)(1). Under the proposal, the map must show all areas where structures may be damaged by mine subsidence, and at a minimum cover the area within a 30° angle of draw of the limits of underground mining. This latter provision is intended to assure that all structures covered by the rebuttable presumption under the Federal program are considered in Commonwealth subsidence control plans. The remainder of subsections (a) and (b) list map details which are essentially unaltered from those of the existing regulation. The only significant addition is the requirement to describe areas where planned subsidence will take place, areas where subsidence damage minimization measures will be used, and areas where subsidence related damage will be repaired. This requirement has been added to conform to the Federal regulations in 30 CFR 784.20. These requirements will generally involve adding notes of explanation to maps.
§ 89.155. Public notice.
This section contains public notice requirements which have been relocated under this proposed rulemaking. One additional notification has been added. The new requirement involves the operator's responsibility to notify the owner of a structure. This is intended to ensure that owners as well as occupants receive advance notification of impending mining.
G. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the proposed amendments.
Benefits
The proposed amendments will benefit underground mine operators and coal field residents whose rights and responsibilities are currently found scattered among State law, State regulation, Federal law and case law. The consolidation of requirements into a single chapter of regulations promotes public understanding of these rights and responsibilities.
The proposed amendments will serve to codify benefits already contained in State and Federal law. These include benefits to many structure owners whose structures are damaged by mine subsidence, benefits to landowners and water users whose water supplies are affected by underground coal mining, and benefits to mine operators who mine in the bituminous coal fields.
Many structure owners benefit from the expanded subsidence damage repair and compensation requirements imposed under the Act 54 amendments to the BMSLCA. Recent information on mine subsidence damage claims show that the typical cost of repairing a damaged structure is $30,000 to $40,000. Under the Act 54 amendments, mine operators are responsible to repair or compensate for many of these damages. This results in a benefit to structure owners who would otherwise be forced to absorb these costs or suffer reductions in the value of their properties.
Landowners and water users also benefit from the water supply replacement requirements imposed under the Act 54 amendments to the BMSLCA. Recent estimates show that the costs of replacing a water supply at an underground coal mine site typically run between $5,000 and $10,000. In addition, the cost of providing temporary water may cost between $1,000 and $2,000. Since mine operators are now responsible to incur the costs associated with replacing water supplies, this represents a direct cost savings to landowners and water users.
Structure owners, landowners and water users will benefit from the premining survey requirements of the proposed regulations. Premining survey requirements are derived primarily from the Federal regulations which define the Commonwealth's primacy requirements. These surveys document the premining condition of structures and water supplies and are crucial to determining impacts and assessing the adequacy of remedial measures. The typical cost of a premining water survey ranges from $500 to $1,500. The typical cost of a premining structure survey ranges from $300 to $800 per property. The requirement that an operator perform these surveys is a benefit to landowners.
Mine operators benefit through the repeal of certain protections which were mandated by the BMSLCA and the regulations prior to the Act 54 amendments. The former protections resulted in mine operators having to leave support pillars beneath certain dwellings and cemeteries. In addition to reducing the amount of coal that could be mined in these areas, the support requirements often interfered with longwall mining, which is a highly mechanized technique. It is estimated that the repeal of these protections will free an additional 116,000 tons of coal per year per mine. This figure assumes the elimination of 20 support areas which each contain 5,800 tons of coal. At a value of $20 per ton this equates to a benefit of approximately $ 2.3 million per year to the average operating mine.
Compliance Costs
The compliance costs associated with the proposed regulations include the costs of performing premining surveys, repairing or compensating for subsidence damage to structures, and replacing water supplies affected by mining. Additional costs may also be incurred in taking precautionary measures to prevent irreparable damage, however, these costs will be offset by the resultant reductions in repair work.
The cost of performing premining structure surveys is estimated to be $11,000 per mine per year. This is based on the assumed need to perform 20 surveys per mine per year at an average cost of $550 per survey.
The cost of performing premining water supply surveys is estimated to be $21,000 per mine per year. This is based on the assumed need to perform 20 surveys per year at an average cost of $1,050 per survey.
The cost of repairing structure damage is estimated to be $210,000 per mine per year. Repair estimates are based on 6 damage incidents per year at an average cost of $ 35,000 per incident.
The cost of replacing water supplies is estimated to be $110,000 per mine per year. This figure assumes the need to provide temporary water to 10 water users at an average cost of $6,500 per service. It also assumes the need to permanently restore or replace six water supplies at an average cost of $7,500.
The preceding costs total approximately $352,000 per mine per year. These costs are directly attributable to the Act 54 amendments to the BMSLCA and will be incurred by mine operators irrespective of the proposed amendments. It is notable that the costs incurred by mine operators also represent direct benefits to structure owners, landowners and water users.
Compliance Assistance Plan
The Department will prepare and update program guidances and fact sheets, and hold seminars as necessary to assist mine operators in complying with these regulations. The Department has already conducted similar activities in implementing the Act 54 amendments.
Paperwork Requirements
The primary paperwork associated with the proposed amendments is the correspondence and duplication of materials associated with arranging for premining surveys reporting survey results and settling damage claims. These costs are insignificant compared to the costs of performing premining surveys and repairing or compensating for damages.
H. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 21, 1997, the Department submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department. A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendments, it will notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review by the Department, the Governor and the General Assembly.
J. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed amendments to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by July 9, 1997.
Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by July 9, 1997.
The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final-form regulations will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@.A1dep. state.pa.us and must also be received by the Board by July 9, 1997. A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgement of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
K. Public Hearing
The Board will hold one public hearing for the purpose of accepting comments on this proposal. The hearing will be held at 4 p.m. on the following date: June 18, 1997, Days Inn, 127 West Byers Avenue, I-70 and Pa. Turnpike Exit #8, New Stanton, PA
Persons wishing to present testimony at a hearing are requested to contact Nancy Roush at the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at the hearing. Organizations are limited to designating one witness to present testimony on their behalf at each hearing.
Persons in need of accommodations as provided for in the Americans With Disabilities Act of 1990 should contact Nancy Roush directly at (717) 787-4526 or through the Pennsylvania AT&T Relay Services at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.
JAMES M. SEIF,
ChairpersonFiscal Note: 7-316. No fiscal impact; (8) recommends adoption.
(Editor's Note: For a document relating to this document, see 27 Pa.B. 2371 (May 10, 1997).)
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENIVRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE I. LAND RESOURCES
CHAPTER 89. UNDERGROUND MINING OF COAL AND COAL MINING: GENERAL
Subchapter A. EROSION AND SEDIMENTATION CONTROL GENERAL PROVISIONS § 89.5. Definitions.
(a) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * De minimis cost increase--For purposes of § 89.145a(f) (relating to water supply replacement: performance standards), a cost increase which meets one of the following criteria:
(i) Is less than 15% of the annual operating and maintenance costs of the previous water supply that is restored or replaced.
(ii) Is less than $60.
* * * * * Fair market value--The amount at which property would exchange hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of the relevant facts.
* * * * * Irreparable damage--For purposes of section 9.1 of the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § 1406.9a) and § 89.142a(d) (relating to subsidence control: performance standards, structural damage for which the cost of repair exceeds the cost of rebuilding the structure; or the cracking or breaking of structural components which cannot be repaired or replaced with identical structural components.
Material damage--Damage that results in one of the following:
(i) Functional impairment of surface lands, structures, features or facilities.
(ii) Physical change that has a significant adverse impact on the affected land's capability to support any current or reasonably foreseeable uses or causes significant loss in production or income to the owner or user, or both, of the land.
(iii) Significant change in the condition, appearance or utility of any structure or facility from its presubsidence condition.
* * * * * Permanently affixed appurtenant structures--A structure or facility securely attached to the land surface if that structure or facility is adjunct to and used in connection with structures listed in §§ 89.142a(f)(i) and (iii). Examples of the structures include:
(i) Garages.
(ii) Storage sheds and barns.
(iii) Greenhouses and related structures.
(iv) Customer owned utilities and cables.
(v) Fences and other enclosures.
(vi) Retaining walls.
(vii) Paved or improved patios, walks and driveways.
(viii) Septic treatment facilities.
(ix) In-ground swimming pools.
(x) Lot drainage and lawn and garden irrigation systems.
* * * * * Public water supply system--A water delivery system which does one of the following:
(i) Serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
(ii) Provides water to a public building, church, school, hospital or nursing home.
Rebuttable presumption area--As used in the context of water supply replacement, the area in which an operator is presumed responsible for diminishing, contaminating or interrupting a water supply. The area is defined by projecting a 35° angle from the vertical from the outside of any area where the operator has extracted coal from an underground mine.
* * * * * Water supply--An existing source of water used for domestic, commercial, industrial or recreational purposes or for agricultural uses, including use or consumption of water to maintain the health and productivity of animals used or to be used in agricultural production and the watering of lands on a periodic or permanent basis by a constructed or manufactured system in place on August 21, 1994, to provide irrigation for agricultural production of plants and crops at levels of productivity or yield historically experienced by the plants or crops within a particular geographic area, or which serves a public building or a noncommercial structure customarily used by the public, including churches, schools and hospitals.
* * * * *
Subchapter B. OPERATIONS
INFORMATION REQUIREMENTS § 89.33. Geology.
(a) The operation plan shall include a description of the areal and structural geology in the permit and adjacent area, including the lithology of the strata that influence the occurrence, availability, movement and quality of groundwater that may be affected by the underground mining activities.
(1) For lands within the proposed permit and adjacent areas and over the coal seam to be mined, the description shall include the results of test borings, coal samplings and the stratum immediately beneath the coal seam to be mined, and overlying strata. When an aquifer or existing deep mine below the lowest coal to be mined may be affected, the description shall also include the aquifer or existing deep mine and overlying strata. For mines not underlain by existing deep mines and greater than 200 feet (60.96 meters) below surface drainage, the description need only include the strata down to and including the stratum immediately below the coal seam to be mined. At a minimum, the description shall include:
* * * * * (iii) Coal seam thickness.
[(iii)](iv) ***
[(iv)](v) ***
* * * * * § 89.34. Hydrology.
(a) The operation plan shall contain premining or baseline hydrologic information representative of the proposed permit, adjacent and general areas.
(1) Groundwater information shall include:
(i) The results of a groundwater inventory of existing wells, springs and other groundwater resources, providing information on location, ownership, quality, quantity, depth to water and usage for the proposed permit area and [potentially impacted offsite areas] adjacent area. Information on water availability, occurrence and alternative water supplies shall be emphasized and water-quality information relating to suitability for existing premining uses shall be provided. At a minimum, water quality descriptions shall include total dissolved solids or specific conductance corrected to 25° C, pH, total iron, total manganese, alkalinity, acidity and sulfates.
* * * * * § 89.35. Prediction of the hydrologic consequences.
The operation plan shall include a prediction of the probable hydrologic consequences of the proposed underground mining activities upon the quantity and quality of groundwater and surface water within the proposed permit, adjacent and general areas under seasonal flow conditions, and whether underground mining activities may result in contamination, diminution or interruption of any water supplies within the permit or adjacent area. The prediction shall be prepared by a qualified hydrologist or engineer. The probable hydrologic consequences determination shall emphasize the anticipated responses of groundwater and surface water flow, its rate, direction and quality and quantity to the proposed underground mining activities. The prediction shall be based on baseline data collected at the proposed mine site or data statistically representative of the site or a combination of both. The prediction required by this section may be developed using modeling techniques, but the Department may require verification of any models.
§ 89.36. Protection of the hydrologic balance.
* * * * * (c) A description of the measures which will be taken to replace water supplies which are contaminated, diminished or interrupted by underground mining activities.
Subchapter B. OPERATIONS
PERFORMANCE STANDARDS § 89.67. Support facilities.
* * * * * (b) [All underground mining activities shall be conducted] Support facilities shall be designed, constructed or reconstructed 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.
Subchapter F. SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT § 89.141. Subsidence control: [Application] application requirements.
(a) Geology. The application shall include a description of the geology overlying the proposed permit area, from the surface down to the first stratum below the coal seam to be mined. The description shall include geologic conditions which are relevant to the likelihood or extent of subsidence or subsidence related damage. For the same strata, a detailed description and cross section shall be provided from available test borings and core samples. A copy of the information developed for § 89.33 (relating to geology) may be [submitted to meet the requirement in this subsection] used as appropriate to meet the requirements of this section.
* * * * * (d) Subsidence control plan. The permit application shall include a subsidence control plan which describes the measures to be taken to control subsidence effects from the proposed underground mining operations. [In determining the area to be protected a 25° angle of draw shall be projected from the limits of the mine to the surface. Portions of the mine in which no underground mining activities will occur over the term of the permit need not be included]. The plan shall address the area in which structures, facilities and features may be damaged by mine subsidence. At a minimum, the plan shall address all areas within a 30° angle of draw of underground mining which will occur during the 5-year term of the permit. The subsidence control plan shall include the following information:
* * * * * [(2) For each structure and surface feature, or class of structures and surface features, listed in § 89.143(b)--(d) (relating to performance standards), a detailed description of the measures to be taken to prevent, minimize or avoid subsidence from causing damage or lessening the value or reasonable foreseeable use of the surface land, including:
(i) The anticipated effects of planned subsidence, if any.
(ii) Measures to be taken in the mine to reduce the likelihood of subsidence, including measures such as:
(A) Backfilling or backstowing of voids.
(B) Leaving support pillars of coal.
(C) Setting forth areas in which no coal extraction is planned, including a description of the overlying area to be protected by leaving coal in place.
(iii) Measures to be taken on the surface to minimize the damage or lessening of the value or reasonable foreseeable use of the surface.
(iv) Monitoring, if any, to determine the commencement and degree of subsidence so that other appropriate measures can be taken to prevent or reduce the damage.
(3) A statement of the method of surface owner protection to be provided under section 6(a) of The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § 1406.6(a)) or § 89.145 (relating to surface owner protection). The permittee shall submit a list of structures for which waiver agreements have been entered into with the current owner under section 4 of The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § 1406.4). The permittee shall certify that the waiver agreements comply with section 4 of The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § 1406.4) and that the permittee shall remedy subsequent subsidence damage to the structure under section 6(a) of The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § 1046.6(a)).]
(2) A narrative describing whether subsidence, if it is likely to occur, could cause damage to or diminish the value or reasonably foreseeable use of any structures or could contaminate, diminish or interrupt water supplies.
(3) For each structure and feature, or class of structures and features, described in § 89.142a(c) (relating to subsidence control: performance standards), a detailed description of the measures to be taken to prevent or minimize subsidence and subsidence-related damage, including:
(i) Backfilling or backstowing of voids.
(ii) Leaving support pillars of coal.
(iii) Leaving areas in which no coal extraction will occur.
(iv) Taking measures on the surface to prevent or minimize damage or diminution in value of the structure or feature.
(4) A description of the anticipated effects of planned subsidence, if any.
(5) A description of the measures to be taken to mitigate or remedy any subsidence-related damage to the surface land and structures identified in § 89.142a(f)(1) (relating to subsidence control: performance standards).
(6) A statement that underground mining activities will not be conducted within the support area described in § 89.142a(c)(2)(i) of structures listed in subparagraphs (i)--(iv), or a detailed description of the measures to be taken to ensure that subsidence will not cause material damage to, or reduce the reasonably foreseeable uses of one or more of the following features or facilities:
(i) Public buildings and facilities.
(ii) Churches, schools or hospitals.
(iii) Impoundments with a storage capacity of 20 acre-feet (2.47 hectare-meters) or more.
(iv) Bodies of water with a volume of 20-acre feet (2.47 hectare-meters) or more.
(7) A description of the monitoring, if any, the operator will perform to determine the occurrence of and extent of subsidence so that, when appropriate, other measures can be taken to prevent or reduce or correct damage in accordance with § 89.142a(e) and (f).
(8) A description of the measures to be taken to maximize mine stability and maintain the value and reasonable by foreseeable use of the surface land.
(9) A description of the measures which will be taken to maintain the value and foreseeable uses of perennial streams which may be impacted by underground mining operations. The description shall include a discussion of the effectiveness of the proposed measures as related to prior mining operations under similar conditions.
(10) A description of the measures to be taken to prevent material damage to perennial streams and aquifers which serve as a significant source to a public water supply system.
(11) A description of the measures to be taken to minimize damage or destruction of utilities or minimize disruption in utility service.
[(4)] (12) ***
* * * * * [(5)] (13) ***
§ 89.142. [Maps] (Reserved).
[(a) General mine map. The application shall include maps prepared under the supervision of and certified by a qualified registered professional engineer or qualified registered professional land surveyor drawn to a scale of 1 inch = 500 feet in a manner satisfactory to the Department, updated as requested by the Department, showing the items in this subsection. The requirements of paragraphs (2)--(7) may be satisfied by referencing the maps required by Subchapter B (relating to operations).
(1) The boundaries of areas proposed to be affected over the estimated total life of the mining activity, with a description of the size, sequence and time of the mining of subareas of the mine.
(2) The surface and coal elevations and the location of test borings and core samplings.
(3) Coal crop lines and the contours of the coal seam to be mined within the permit and adjacent areas.
(4) The location and extent of known workings of active, inactive or abandoned, underground or surface mines, including identification of the coal seams mined and mine openings to the surface within, above and below the proposed adjacent and permit areas.
(5) The portrayal of major aquifers on cross sections.
(6) The area covered by the subsidence control plan submitted under § 89.141(d) (relating to application requirements) with the following information identified:
(i) The boundaries of lands and names of current surface owners of record and known subsurface owners.
(ii) Public buildings and noncommercial structures customarily used by the public including churches, schools, and hospitals, and identifying these features by a numerical reference.
(iii) Dwellings identified by numerical reference.
(iv) Urbanized areas, cities, towns, communities and adjacent industrial or commercial buildings.
(v) Public parks and historic structures.
(vi) Structures which are entitled to support identified by numerical reference.
(vii) Major electric transmission lines and pipelines, including identification by name or numerical reference.
(viii) Public roads and railroads.
(ix) Surface water bodies, including perennial streams, lakes, ponds, dams and impoundments with a volume of 20 acre-feet or more, indicating by numerical reference those perennial streams and other bodies of water which are a significant source for a public water supply.
(x) Coal refuse disposal areas identified by numerical reference, solid and hazardous waste disposal areas, and other air and water pollution control facilities.
(xi) Gas, oil and water wells, identified by numerical reference.
(xii) Mine surface operations and facilities.
(xiii) Landslide prone areas.
(xiv) Aquifers which serve as a significant source for a public water supply system, identified by numerical reference.
(xv) Political subdivisions.
(7) Areas over the proposed mine where the overburden is 100 feet or less.
(b) Six-month maps. The operator shall submit mining maps to the Department every 6 months. The maps shall:
(1) Be drawn to a scale of 1 inch = 100 feet or 1 inch = 200 feet.
(2) Be prepared under the supervision of and certified by a qualified registered professional engineer or qualified registered professional land surveyor.
(3) Show the area of mining projected for the next 6 months.
(4) Show the area of mining affected over the last 6 months, including pillar locations, and the areas abandoned or completed within the last 6 months.
(5) Provide the following information:
(i) The location and identifying number for structures and surface features required to be identified by number in subsection (a)(6).
(ii) The location and identifying number of structures and surface features required to be identified by number in subsection (a)(6), which have appeared since the permit application.
(iii) The location of features described in subsection (a)(6)(iv) and (viii).
(iv) The location of surface boundaries and identification of surface owners of record and the owner of record of the coal seam being mined.
(v) The boundaries of the projected mining area and within that area the designation of coal areas to be mined and coal areas to be left unmined, including: A description for areas to be supported by the pillar plan required by § 89.143(b)(3) (relating to performance standards), coal left in place in compliance with other statutes including those listed in § 89.141(d)(4) and identification of other areas of planned and controlled subsidence.
(vi) Existing mine workings adjacent to the projected mining area, including a designation of any survey stations, elevations of the bottom of the coal seam and areas of geographical faults.
(vii) Other information as requested in accordance with the policies and procedures of the Department.
(c) Map to be filed with recorder of deeds. After the Department has determined that the 6 month map is in accordance with the subsidence control plan, the operator shall file a copy of the map with the Recorder of Deeds for each county in which mining is projected, and submit to the Department proof of this filing.
(d) Mining restricted until map filed. No mining may occur until it is shown as projected mining on the maps required by this subsection and the maps have been on file with the Recorder of Deeds' office for 10 days.]
§ 89.142a. Subsidence control: performance standards.
(a) General requirements. Underground mining activities shall be planned and conducted in accordance with the following:
(1) The subsidence control plan required by § 89.141(d) (relating to subsidence control: application requirements) and the postmining land use requirements in § 89.88 (relating to postmining land use).
(2) The performance standards in subsections (b)--(j).
(3) Underground mining activity will not be authorized beneath structures where the depth of overburden is less than 100 feet, unless the subsidence control plan demonstrates to the Department's satisfaction that the mine workings will be stable and that overlying structures will not suffer irreparable damage.
(4) The mine operator shall adopt measures to maximize mine stability. This subsection does not prohibit planned subsidence in a predictable and controlled manner or the standard method of room and pillar mining.
(b) Structure surveys.
(1) The operator shall conduct premining surveys of all structures listed under subsection (f)(1). The applicant is relieved of the duty to conduct a premining survey if the landowner denies the operator access to the site to conduct a premining survey, and the operator has complied with the notice procedure as follows:
(i) The premining survey shall document the existing condition of each structure and any components which cannot be repaired or replaced with identical structural components.
(ii) The premining survey shall be conducted prior to extracting coal. At a minimum, the premining survey shall be conducted prior to the time that a structure falls within a 30° angle of draw of underground mining.
(iii) The results of a premining survey shall be submitted to the landowner within 30 days of their receipt by the operator and to the Department upon Department request.
(2) The operator will be relieved of the duty to conduct a premining survey if the operator submits evidence to the Department that the operator notified the owner by certified mail or personal service of the following:
(i) The landowner's rights as set forth in sections 5.4--5.6 of The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.5d-- 1406.5f).
(ii) A description of the operator's attempt to conduct a survey and a statement that within 10 days of receipt of the operator's notice of intent to conduct a survey, the landowner failed to provide the operator with access to the site to conduct a survey.
(c) Restrictions on underground mining.
(1) Unless the subsidence control plan demonstrates that subsidence will not cause material damage to, or reduce the reasonably foreseeable use of the structures and surface features listed in subparagraphs (i)--(iv), no underground mining activities may be conducted beneath or within the support area of the following:
(i) Public buildings and facilities.
(ii) Churches, schools or hospitals.
(iii) Impoundments with a storage capacity of 20 acre-feet (2.47 hectare-meters) or more.
(iv) Bodies of water with a volume of 20 acre-feet (2.47 hectare-meters) or more.
(2) The measures adopted by the operator to comply with paragraph (1) shall consist of either:
(i) Providing a support area beneath the structure or surface feature to be protected where coal extraction is limited to 50%, and the following:
(A) The support area shall consist of pillars of coal of a size and in a pattern which maximize bearing strength, and which is approved by the Department.
(B) For purposes of this section, the support area shall be rectangular in shape and determined by projecting a 15° angle of draw from the surface to the coal seam beginning 15 feet (4.57 meters) from the sides of the structure. For a structure on a slope of 5% or greater, the support area on the downslope side of the structure shall be extended an additional distance determined by multiplying the thickness of the overburden by the percentage expressed as a decimal of the surface slope. A pillar lying partially within the support area shall be considered part of the support area and shall be consistent with the other support pillars in size and pattern.
(C) The area lying between two support areas shall be treated as a support area, when the distance between the two support areas is less than the depth of the overburden.
(D) More stringent measures may be imposed or mining may be prohibited, if the Department finds that the measures used by the operator fail to prevent material damage.
(ii) Alternative measures, including full extraction techniques which result in planned and controlled subsidence, may be adopted if the operator demonstrates that the proposed measures are at least as effective in the prevention of subsidence damage as those described in subparagraph (i). In support of the demonstration, the operator shall meet the following conditions:
(A) Submit to the Department premining and postmining elevation surveys of a nearby area which core samples demonstrate to be geologically similar to the area of the protected surface features.
(B) Submit to the Department a history of mining in the surrounding area and a report describing any subsidence damage to structures or surface features resulting from the underground mining.
(C) Submit to the Department an engineering report which sets forth the damage to be expected from the proposed underground mining pattern.
(D) Initiate a monitoring program within a specified area to detect surface movement resulting from the underground mining. The program shall entail placing monitors sufficiently in advance of the underground mining so that if excessive subsidence occurs the underground mining can be stopped before the protected surface features are damaged. In calculating the area to be monitored, a 30° angle of draw shall be used.
(3) An operator may not mine beneath or adjacent to any perennial stream or aquifer which serves as a significant source to a public water supply system if the underground mining is likely to cause material damage to the perennial stream or aquifer.
(d) General measures to prevent or minimize irreparable damage. Operators may not use a mining technique or extraction ratio which will result in irreparable damage to a structure enumerated in subsection (f)(1)(iii) or (iv) unless the operator, prior to mining, takes measures approved by the Department to minimize or reduce impacts resulting from subsidence to these structures.
(e) Repair of damage to surface lands. To the extent technologically and economically feasible, the operator shall correct any material damage to surface lands resulting from subsidence caused by the operator's underground mining operations.
(f) Repair of damage to structures.
(1) Repair of compensation for damage to certain structures. Whenever underground mining conducted after August 21, 1994, causes damage to any of the structures in subparagraphs (i)--(iv), the operator responsible for extracting the coal shall fully rehabilitate, restore, replace or compensate the owner for material damage to the structures resulting from the subsidence unless the operator demonstrates to the Department's satisfaction that one of the provisions of § 89.144a (relating to subsidence control: relief from responsibility) relieves the operator of responsibility:
(i) Buildings that are accessible to the public including, but not limited to, commercial, industrial and recreational buildings and all permanently affixed appurtenant structures.
(ii) Noncommercial buildings customarily used by the public, including, but not limited to, schools, churches and hospitals.
(iii) Dwellings which are used for human habitation and permanently affixed appurtenant structures or improvements in place on August 21, 1994, or on the date of first publication of the application for a mine activity permit or a 5-year renewal thereof for the operations in question and within the boundary of the entire mine as depicted in the application.
(iv) Barns and silos.
(v) Permanently affixed structures of 500 or more square feet (46.45 square meters) in area that are used for raising livestock, poultry or agricultural products, for storage of animal waste or for the processing or retail marketing of agricultural products produced on the farm on which the structures are located.
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