[27 Pa.B. 875]
[Continued from previous Web Page] (2) The borrow area will not be used for a period exceeding 30 days.
(3) The well operator maintains a valid Noncoal Surface Mining Operator License prior to the extraction of noncoal minerals under Subchapter B (relating to surface mining operator's license).
(4) Noncoal mineral extraction in the borrow area will be conducted in accordance with an erosion and sedimentation control plan or permit implemented under Chapter 102 (relating to erosion control).
(5) The areas affected by the extraction of noncoal minerals will be graded and restored to a slope not to exceed 35 degrees, and will contain no depressions which will impound water. The affected areas will be revegetated to provide a quick germinating, fast-growing, effective and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal to extent of cover to the natural vegetation of the area. Introduced species may be used in the revegetation process where desirable and necessary to achieve the approved postmining land use plan. Vegetative cover shall be considered of the same seasonal variety when it consists of a mixture of species of equal or superior utility for the land use, when compared with the utility of naturally-occurring vegetation during each season of the year.
(6) The reclamation of the borrow area will commence within 10 days of the last extraction of noncoal minerals and will be completed within 30 days. Planting shall be completed by the first normal period for favorable planting.]
This chapter does not apply to a borrow area where minerals are extracted solely for the purpose of oil and gas well development, including access road construction, if the owner or operator of the well meets the requirements of section 603.1 of the Oil and Gas Act (58 P. S. § 601.603).
REVIEW, PUBLIC PARTICIPATION, ITEMS AND CONDITIONS OF PERMIT APPLICATIONS § 77.126. Criteria for permit approval or denial.
(a) A permit, permit renewal or revised permit application will not be approved, unless the application affirmatively demonstrates [to] and the Department finds in writing, on the basis of the information in the application or from information otherwise available, that the following apply:
* * * * * (4) The proposed permit area, as defined in § 77.1 (relating to definitions) for surface mining activities--unless the requirements of § 77.504 (relating to distance limitations and areas designated as unsuitable for mining) are demonstrated--is:
(i) Not within 100 feet (30.5 meters) of the outside right-of-way line of a public highway.
(ii) Not within 300 feet (91.4 meters) of an occupied dwelling house or commercial or industrial building unless released by the owner thereof.
(iii) Not within 100 feet (30.5 meters) of the bank of a perennial or intermittent stream.
(iv) Not within 300 feet (91.4 meters) of a public building, school or community or institutional building.
(v) Not within 100 feet (30.5 meters) of a cemetery.
(vi) Not within 300 feet (91.4 meters) of a public park.
(vii) Not within 125 feet (38.1 meters) of an oil or gas well.
* * * * * (6) [The applicant is in satisfactory compliance with compliance orders of the Department.
(7)] The applicant or related party, as indicated by past or continuing violations, has not shown a lack of ability or intention to comply with the act or the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.31).
[(8)](7) ***
[(9)](8) ***
[(10)](9) ***
(10) The proposed activities would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their known critical habitats as determined under the Endangered Species Act of 1973 (16 U.S.C.A. §§ 1531--1544), the Wild Resource Conservation Act (32 P. S. §§ 5301--5314), 30 Pa.C.S. (relating to the Fish and Boat Code) and 34 Pa.C.S. (relating to the Game and Wildlife code).
(11) The applicant has obtained a noncoal license.
(b) No incremental phase approval of the permit will be granted to conduct mining or reclamation operations, or permission to expand mining or reclamation operations within a permit area which has been limited to a portion or phase of the entire area until the applicant:
* * * * * (2) Has met the requirements of subsection (a)(5) [and (6) for surface mining and subsection (a)(5)--(7) for underground mining]--(8).
§ 77.128. Permit terms.
* * * * * (b) A permit will terminate if the permittee has not begun the noncoal mining activities covered by the permit within 3 years of the issuance of the permit. The Department may grant reasonable extensions of time for commencement of these activities upon receipt of a written statement showing that the extensions of time are necessary if litigation precludes the commencement or threatens substantial economic loss to the permittee or if there are conditions beyond the control and without the fault or negligence of the permittee. Requests for extensions shall be submitted to the Department prior to expiration of the permit. [A permittee whose] If a permit has not been activated within 3 years [nor] or the permittee has not been granted an extension [shall], the permittee may apply for a permit renewal.
(c) A permit renewal application shall be filed under § 77.143 (relating to permit renewals).
PERMIT REVIEWS, RENEWALS, REVISIONS AND TRANSFERS § 77.142. Public notice of permit revision.
A permit revision request is subject to the notice requirements of § 77.121 (relating to public notices of filing of permit applications) under the following circumstances:
(1) For surface mining activities:
(i) Discharging to a different watershed [not previously receiving a discharge from the operation] or a change in water [handling procedure. Water handling includes, but is not limited to,] treatment facility design [and] which would result in a change in effluent limits or additional discharge points.
* * * * * (iii) A [major] change in the type of reclamation [plan including, but not limited to, changes in the final reclamation slopes or means to achieve the final slopes] (for example--approximate original contour, terrace, water impoundment or other alternative reclamation).
(iv) A [proposed] physical change in the mine configuration. Physical changes include[, but are not limited to,] stream diversion structures, new or expanded haul [roads and] road connections to a public highway, elimination of public highways and increases in approved pit depth.
* * * * * (vi) The addition of mineral processing to the mining activity.
(2) For underground mining activities:
(i) Discharging to a different watershed [not previously receiving a discharge from the operation] or a change in water [handling procedure. Water handling includes, but is not limited to,] treatment facility design [and] which would result in a change in effluent limits or additional discharge points.
(ii) A [proposed] physical change in the mine configuration. Physical changes include[, but are not limited to,] stream diversion structures, new or expanded haul [roads] road connections to a public highway, elimination of public highways[,] and new openings [and acreage modifications].
(iii) A [proposed] change to the postmining land use.
§ 77.144. Transfer of permit.
* * * * * (c) The Department may allow a permittee to transfer a permit to another operator if the successor operator:
(1) [Is entitled to a permit under the environmental acts, the act, regulations adopted thereunder and the terms and conditions of permits issued thereunder] Meets the requirements of § 77.126.(a)(6)--(8) (relating to criteria for permit approval or denial).
* * * * * (5) Submits additional information to enable the Department to determine that the applicant is able to operate the mine in a manner complying with [the act and] the environmental acts.
REQUIREMENTS FOR LEGAL, FINANCIAL COMPLIANCE AND RELATED INFORMATION § 77.164. Personal injury and property damage insurance information.
An application for noncoal mining activities, [except for small noncoal permits] when required by the act, shall contain proof of liability insurance under § 77.231 (relating to terms and conditions for liability insurance).
§ 77.165. Proof of publication.
(a) An application shall contain an intent to publish noting that the advertisement requirement of § 77.121(a) (relating to public notices of filing of permit applications) is in the process of being satisfied. Prior to the issuance of the permit, and within 4 weeks after the last date of advertisement, the applicant shall submit a copy of the [advertisement] advertisements as required by § 77.121(a) [and] or the original notarized proof of publication to the Department.
* * * * *
Subchapter D. BONDING AND INSURANCE REQUIREMENTS
AMOUNT AND DURATION OF LIABILITY § 77.204. Period of liability.
(a) Liability under bonds posted for a noncoal mining activity shall continue for the duration of the mining activities and its reclamation as provided in the act, this chapter and the conditions of the permit for [a period of] 5 years after completion of the mining and reclamation of the area, unless released in whole or in part prior thereto [as provided by the act, the environmental acts and this subchapter] if the Department is satisfied that the reclamation covered by the bond has been accomplished as required by the act.
* * * * * § 77.205. [Adjustments] Bond adjustments.
* * * * * (d) The Department will notify the permittee, the surety and any person with a property interest in collateral who has requested notification, of any proposed adjustment to the bond amount. The Department will also provide the permittee an opportunity for an informal conference on the proposed adjustment.
FORM, TERMS AND CONDITIONS OF BONDS AND INSURANCE § 77.231. Terms and conditions for liability insurance.
(a) A license applicant or licensee, [except small noncoal operators,] when required by the act, shall submit proof of liability insurance before a license isissued or renewed and before a permit is issued. The proof shall consist of a certificate issued by an insurance company authorized to do business in this Commonwealth, and the certificate may be filed at the time of license application and renewal thereof; or, otherwise annually filed with the Department certifying that the permittee has a public liability insurance policy in force covering the licensee's mining and reclamation operations in this Commonwealth.
* * * * *
RELEASE OF BONDS § 77.241. Scope.
Sections 77.242 and 77.243 (relating to procedures for seeking release of bond; and criteria and schedule for release of bond) set forth the procedures and criteria for release of bonds for mining and reclamation operations, unless otherwise specified by the terms and conditions of this chapter or by a general permit issued under this chapter.
§ 77.242. Procedures for seeking release of bond.
(a) Release of bond. The permittee may file an application with the Department for release of all or part of the bond liability applicable to a permit or designated phase of a permit area after reclamation, restoration and abatement work in a reclamation stage, as defined in § 77.243 (relating to criteria and schedule for release of bond), has been completed on the permit area or designated phase of a permit area, subject to the following conditions:
* * * * * (2) [Within 10 days after the final date of publication for application for final release, the permittee shall submit proof of publication of the advertisement required by subsection (b). The proof of publication shall be considered part of the bond release application.] Within 60 days after filing the application for release, the permittee shall submit proof of publication of the advertisement required by subsection (b). The proof of publication shall be considered part of the bond release application. If the proof of publication is not received within 60 days after filing the application for release of bond, the application will be considered incomplete and the Department may return the application with no further action.
* * * * * § 77.243. Criteria and schedule for release of bond.
* * * * * (b) For the purposes of this section the following apply:
(1) Reclamation Stage I shall be deemed to have been completed when:
* * * * * (iii) The lands [are not contributing suspended solids to stream flow or runoff outside the permit area in excess of the requirements of the act, this chapter or the permit] have been stabilized to prevent accelerated erosion and sedimentation in accordance with Chapter 102 (relating to erosion control).
* * * * *
Subchapter G. INFORMATION ON ENVIRONMENTAL RESOURCE § 77.401. Responsibilities.
A permit application shall contain a description of the existing, premining resources within the proposed permit and adjacent area that may be affected by the proposed surface mining activities. The description shall include the information required in this subchapter. The Department may waive, wholly or in part, the requirements of this subchapter for any category of surface mining operation, if the Department determines that the requirement is not needed to evaluate impacts on public health and safety and the environment.
§ 77.403. Description of hydrology and geology--general requirements.
(a) An application shall contain a description, under this section and §§ 77.404--77.407, of the geology, hydrology and water quality and quantity of surface waters and groundwaters within the general area, and water which will flow into or receive discharges of water from the general area to the extent necessary for the type of noncoal operation for the Department to evaluate the impacts of the operation. The information may be gathered from appropriate government agencies, if available.
(b) The use of modeling or other predictive techniques may be required by the Department as part of the permit application[, but the same surface water and groundwater information shall be required for each site when models are not used] if the proposed mining activity has the potential to impact water supplies or streams.
Subchapter H. REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN § 77.456. Reclamation information.
An application shall contain a plan [for the reclamation of the lands within the proposed permit area, including] which provides for reclamation concurrent with the progress of the proposed mining operation to the highest extent possible. The plan shall include the following information:
(1) A timetable describing the steps to be taken in the reclamation plan and their relative sequence to each other to meet the requirements of § 77.595 (relating to concurrent reclamation).
* * * * * § 77.461. Dams, ponds, embankments and impoundments.
* * * * * (b) The general plan shall contain the following:
* * * * * (2) Preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure if requested by the Department.
* * * * * [(4) A certification statement which includes a schedule setting forth the dates that a detailed design of the structure will be approved by the Department, in writing, before construction of the structure begins.]
(c) The design plan for a structure shall:
* * * * * (2) Include design and construction requirements for each structure, including [required] geotechnical information if requested by the Department.
* * * * * (5) Include a stability analysis if the structure is more than 15 feet (4.6 meters) in height as measured from the upstream toe of the embankment to the crest of the emergency spillway or has a storage volume of more than 50 acre feet (61.7 cubic meters).
* * * * *
Subchapter I. ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS
GENERAL § 77.502. Signs and markers.
(a) The operator shall identify the operation for the duration of the surface mining activities by posting and maintaining a sign which will be clearly visible at the junction of each haul road and the public highway. The sign shall be constructed of a durable, weather resistant material and shall be of a minimum size of 2 feet by 3 feet (60 centimeters by 91.4 centimeters) with a light background and contrasting letters and numbers of a minimum height of 1½ inches (3.8 centimeters) that may be easily seen and read. The sign shall show the name of the operator conducting the surface mining activities, the telephone number of the operator and the identification number of the current permit authorizing noncoal mining activities. The sign shall be erected within 60 days after permit issuance.
* * * * * § 77.503. Casing and sealing of drilled holes.
(a) An exploration hole, other drill or borehole, well or other exposed underground opening--except for holes solely drilled and used for blasting--or other opening exposed during surface mining activities shall be cased, sealed or otherwise managed as approved by the Department if necessary to:
* * * * * (2) [Prevent, to the maximum extent possible,] Minimize disturbance to the prevailing hydrologic balance.
* * * * * [(d) A solid barrier of undisturbed earth, 125 feet in radius, shall be maintained around oil and gas wells, unless one of the following applies:
(1) The well is sealed under subsection (c).
(2) The Department approves, in writing, a lesser distance, if the following apply:
(i) Access to the well is provided at all times.
(ii) The integrity of the well is maintained.
(iii) The well operator agrees in writing to the lesser distance.]
§ 77.504. Distance limitations and areas designated as unsuitable for mining.
(a) Except as provided in subsection (b), a person may not conduct noncoal surface mining [operations] activities, other than borrow pits for highway construction purposes, as follows:
(1) Within 100 feet (30.5 meters) of the outside line of right-of-way of a public highway.
(2) Within 300 feet (91.4 meters) of an occupied dwelling house or commercial or industrial building, unless released by the owner thereof.
(3) Within 300 feet (91.4 meters) of a public building, school, community or institutional building.
(4) Within 300 feet (91.4 meters) of a public park.
(5) Within 100 feet (30.5 meters) of a cemetery.
* * * * * (b) The Department may allow operators to operate within the distance limitations of subsection (a) if the operator demonstrates:
* * * * * (2) Support areas. For parts of surface mining [operations] activities other than opening or expansion of pits, that special circumstances warrant [operations] activities within the distance limitations, that the public health and safety will not be endangered, that the environment and the interests of the public and the landowners affected thereby will be adequately protected and that there are no feasible or prudent alternatives to conducting those aspects of the [operation] activity within the distance limitations.
(c) A solid barrier of undisturbed material, 125 feet (38.1 meters) in radius shall be maintained around oil and gas wells unless one of the following apply:
* * * * * (d) Areas to be affected within the 100-feet (30.5 meters) stream barrier shall meet the requirements of § 77.523 (relating to water obstructions and encroachments) in addition to subsection (b).
(e) When the surface mining activities would be conducted within 300 feet (91.4 meters) measured horizontally of an occupied dwelling or commercial or industrial building, the applicant shall submit with the application a written waiver from the owner of the dwelling or building, consenting to the activities within a closer distance of the dwelling or building as specified in the waiver. The waiver shall be:
(1) Knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(2) Effective against subsequent purchasers of the dwelling or building who had actual or constructive knowledge of the existing waiver at the time of purchase. A subsequent purchaser shall be deemed to have constructive knowledge if the waiver was recorded at the office of the recorder of deeds in the county in which the dwelling or building is located or if the surface mining activities have proceeded to within the 300 foot (91.4 meters) limit prior to the date of purchase.
[(e)] (f) ***
* * * * *
HYDROLOGIC BALANCE § 77.527. Sedimentation [ponds] controls.
(a) Surface drainage from the disturbed area, including areas which have been graded, seeded or planted, shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area. The Department may waive the required use of sedimentation ponds when the person who conducts surface mining activities demonstrates to the satisfaction of the Department that alternate sediment [ponds are not necessary to meet the effluent limitations under § 77.522 (relating to effluent standards)] control facilities will prevent accelerated erosion and sedimentation in accordance with Chapter 102 (relating to erosion control).
* * * * * (c) Sedimentation ponds and controls and other treatment facilities shall be maintained until removal of the ponds and facilities is approved by the Department.
(d) Sedimentation ponds shall meet[, at a minimum,] the requirements of Chapters 102 and 105, if applicable, and be designed to meet the effluent requirements of the permit.
USE OF EXPLOSIVES § 77.562. Preblasting surveys.
(a) [No preblasting] Preblasting surveys will not be required if blasting is designed [to meet a peak particle velocity of .5 inch per second or less--with no seismographed blast to exceed .75 inch per second--] and conducted below the levels of blasting vibration shown on Figure #1 at the nearest [residence] dwelling, school, church, commercial or institutional building neither owned nor leased by the operator. [The .5 inch per second peak particle velocity limit shall remain in effect for the life of the operation.] If preblast surveys are not conducted, the operator shall provide a seismograph record including both the particle velocity time-history (wave form) and the particle velocity and vibration frequency levels for each blast.
(1) The vibration frequency shall be displayed and analyzed over the frequency range of 2 Hz through 100 Hz.
(2) The permittee shall obtain Department approval of the analytical method used to determine the predominant frequency before applying this alternative criterion.
(3) If an operator who has not offered preblasting surveys, blasts at a level exceeding the levels of vibration in figure #1, no additional blasting may be conducted until one of the following applies:
(i) The operator meets the requirements of subsections (b)--(e).
(ii) The operator demonstrates that subsequent blasting will produce vibrations at levels below the levels of blasting vibration shown in Figure #1.
Figure #1.--Levels of blasting vibration using a combination of velocity and frequency. (b) If the operator intends to conduct blasting at vibration levels exceeding [.5 inch per second] the levels of vibration in Figure #1 at the nearest dwelling, school, church, commercial or institutional building neither owned nor leased by the operator, [he] the operator shall offer preblast surveys. At least 30 days before commencement or resumption of the blasting, the operator shall notify, in writing, the residents or owners of dwellings or other structures located within [1000] 1,000 feet (304.8 meters) of the area where blasting will occur of their right to request a preblasting survey and how to request a preblasting survey. On the request to the Department or operator by a resident or owner of a dwelling or structure that is located within [1000] 1,000 feet (304.8 meters) of [a part of] the [permit] area where blasting will occur, the [persons who conduct the surface mining activities] operator shall promptly conduct a preblasting survey of the dwelling or structure. If a dwelling or structure is renovated or added to subsequent to a preblast survey, then, upon request by the resident or owner to the Department or operator, a survey of the additions and renovations shall be performed by the operator in accordance with this section. The operator shall provide the Department with a copy of the request.
* * * * * § 77.564. Surface blasting requirements.
* * * * * (j) The maximum peak particle velocity limitation of subsection (i) does not apply at [the following locations:] a structure owned by the permittee.
[(1) At a structure owned by the person conducting the mining activity, and not leased to another party.
(2) At structures owned by the person conducting the mining activity, and leased to another party.]
* * * * *
OPERATIONS § 77.572. Permit line setback.
(a) [A permit boundary line setback distance shall be maintained for the highwall during mining.] Highwalls shall be set back from the boundary of the area covered by a bond under § 77.193 (relating to requirement to file bond). The setback shall be of sufficient width to accomplish the following:
* * * * * [(3) Allow for a minimum 25-foot wide working area above the top of the final reclamation slope. The minimum setback in unconsolidated material shall be at least equal to the height of the face if the face is greater than 25 feet.]
(b) The minimum setback distance shall be 25 feet (7.6 meters) in consolidated material. In unconsolidated material, the minimum setback distance shall be equal to the height of the exposed unconsolidated material unless otherwise approved by the Department.
[(b)](c) ***
BACKFILLING AND GRADING § 77.594. Final slopes.
Final slopes for reclamation of noncoal surface mines shall conform with the following requirements:
* * * * * (2) If terracing is approved for postmining reclamation, the final overall slope shall be 35 [degrees] ° or less unless otherwise approved under subparagraph (v).
(i) If a water impoundment is part of the reclamation, the slope shall extend to 50 feet (15.2 meters) below the post reclamation water level at a maximum slope of 35 [degrees] ° to serve as a safety bench for safe exit from the impoundment. The underwater safety bench may be reduced to a lesser depth--a minimum 25-foot (7.6 meters) width shall be maintained in all cases--if the operator demonstrates to the Department's satisfaction that there will be an overflow at a defined elevation or that the seasonal water table fluctuation will not require a 50-foot (15.2 meters) depth. For purposes of safe exit from an impoundment in unconsolidated materials, the Department may require an underwater safety bench be sloped at less than 35° from the horizontal.
* * * * * § 77.595. Concurrent reclamation.
(a) Reclamation procedures, including backfilling, grading, topsoil replacement and revegetation of land that is disturbed by noncoal surface mining shall be kept concurrent with the progress of the proposed operation to the greatest extent possible in conformance with §§ 77.456, 77.592--77.594, this section [and], § 77.596 and the approved reclamation plan.
(b) If site conditions dictate that reclamation cannot begin until mineral extraction is terminated, the reasons for this delay shall be detailed in the reclamation plan required under § 77.456 (relating to reclamation information).
(c) Reclamation shall begin within 30 days of when mineral extraction is terminated, and be completed within the time period specified in the approved reclamation plan.
(d) Mineral extraction is considered to be terminated when the permitted extent of the mineral reserves has been extracted.
(Editor's Note: The following subchapter is new. It has been printed in regular type to enhance readability.
Subchapter J. GENERAL PERMITS Sec.
77.801. Scope. 77.802. Authorization for general permits. 77.803. Nature of a general permit; substitution for individual applications and permits. 77.804. Contents of general permits. 77.805. Procedure for issuance. 77.806. Registration requirements. 77.807. Compliance with permit conditions, regulations and laws. § 77.801. Scope.
This subchapter applies to the issuance of general permits by the Department under section 26(b) of the act (52 P. S. § 3326(b)).
§ 77.802. Authorization for general permits.
Under this subchapter, the Department may issue general permits for any category of noncoal surface mining activities if the Department determines the following:
(1) The activities in the category are similar in nature.
(2) The activities in the category can be adequately regulated utilizing standardized specifications and conditions.
(3) The activities in the category, in the opinion of the Department, are more appropriately regulated under a general permit than under individual permits.
§ 77.803. Nature of a general permit; substitution for individual applications and permits.
(a) When the Department issues a general permit for a specified category of noncoal surface mining activities, persons who intend to conduct a noncoal surface mining activity in accordance with the specifications and conditions of the general permit may do so without obtaining an individual permit.
(b) The general permit sets forth the standardized specifications and conditions for design, operations and monitoring as are necessary to adequately protect life, health, property and the environment. The operator shall comply with the standardized specifications and conditions of the general permit in lieu of the requirements of Subchapters C, D, G, H and I.
(c) A person may only use a general permit if the following apply:
(1) Activities are conducted in accordance with the specifications, terms and conditions of the applicable general permit.
(2) The operator of the noncoal surface mining activity complies with the registration requirements in the general permits, as authorized by § 77.806 (relating to registration requirements).
(d) The Department may amend, suspend, revoke, reissue or terminate any general permit or any individual registration authorized under this subchapter.
(e) Notwithstanding subsections (a)--(c), the Department may require an operator authorized by a general permit to apply for, and obtain, an individual permit when the person or municipality is not in compliance with the conditions of the general permit.
§ 77.804. Contents of general permits.
A general permit at a minimum shall:
(1) Describe the category of noncoal surface mining activities authorized by the general permit, including any exceptions to that authorization.
(2) Specify the areas where the general permit is effective.
(3) Set forth a set of standardized specifications or plans for the category of noncoal surface mining activities or a reference to specific criteria and requirements adopted by another Federal or State agency which adequately regulate the category or particular aspects of this category.
(4) Set forth conditions governing the erosion controls, operations, reclamation, blasting, inspection and monitoring of the activities covered by the general permit as are necessary to assure compliance with the act and with other laws administered by the Department.
(5) Specify registration requirements, if any, established under § 77.806 (relating to registration requirements).
(6) Set forth registration fees, if any, and bond requirements, if any, and procedures for release of bond for the category covered by the general permit.
§ 77.805. Procedure for issuance.
(a) The Department may issue or modify a general permit for a category of noncoal mining activities and in accordance with this section.
(b) At least 30 days prior to issuance of a general permit, the Department will publish notice in the Pennsylvania Bulletin of intent to issue a general permit, including the text of the proposed general permit and the locations where standardized plans may be reviewed.
(c) An opportunity shall be provided for interested members of the public and State agencies to provide written comments to the Department on a proposed general permit.
(d) The Department may hold a public hearing on a proposed general permit for the purposes of gathering information and comments.
(e) General permits issued by the Department will be published in the Pennsylvania Bulletin at least 30 days prior to the effective date of the permits, as required by section 26(b) of the act (52 P. S. § 3326(b)).
§ 77.806. Registration requirements.
(a) The Department may require the registration of noncoal surface mining activities conducted under a general permit.
(b) Registration requirements shall be set forth in each general permit.
(c) Registration requests at a minimum shall set forth:
(1) The name, address and surface mining operator's license number of the person responsible for the activities.
(2) The location of the activities.
(3) The name or number of the general permit being utilized for the activities.
(4) Information and documents to satisfy the requirement of § 77.163 (relating to right of entry).
(5) Identification of ownership interests in the property including rights to the minerals.
(6) The names and addresses of the owners of record of surface areas contiguous to any part of the area proposed for authorization to operate under a general permit.
(7) A description of the proposed noncoal surface mining activities that demonstrates that the operation would qualify to operate under the general permit.
(d) For an activity requiring registration under this section, an amended registration shall be filed if there is a change of ownership of the entity conducting the surface mining activities.
(e) For an activity requiring registration under this section, the applicant cannot conduct surface mining activities under a general permit until notice of Department approval of registration.
(f) The Department may require public notice in a newspaper of a proposed registration.
§ 77.807. Compliance with permit conditions, regulations and laws.
A person who operates under a general permit shall maintain a valid surface mining operator's license and comply with the specifications, terms and conditions of the general permit, applicable law and regulations.
[Pa.B. Doc. No. 97-245. Filed for public inspection February 14, 1997, 9:00 a.m.]
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