[28 Pa.B. 2227]
[Continued from previous Web Page] § 87.102. Hydrologic balance: effluent standards.
(a) Discharge of water. A person may not allow a discharge of water from an area disturbed by coal mining activities, including areas disturbed by mineral preparation, processing or handling facilities which exceeds the following groups of effluent criteria. The effluent limitations shall be applied under subsection (b).
Group A
30-day Daily Instantaneous Parameter Average Maximum Maximum iron (total) 3.0 mg/l 6.0 mg/l 7.0 mg/l manganese (total) 2.0 mg/l 4.0 mg/l 5.0 mg/l suspended solids 35 mg/l 70 mg/l 90 mg/l pH 1 greater than 6.0; less than 9.0 alkalinity greater than acidity 1 1 This parameter is applicable at all times
Group B
Instantaneous Parameter Maximum iron (total) 7.0 mg/l settleable solids 0.5 ml/l pH greater than 6.0; less than 9.0 alkalinity greater than acidity
Group C
Instantaneous Parameter Maximum pH greater than 6.0; less than 9.0 alkalinity greater than acidity
* * * * *
§ 87.106. Hydrologic balance: sediment control measures.
Appropriate sediment control measures shall be designed, constructed and maintained using the best technology currently available to:
(1) Prevent to the extent possible contributions of sediment to streamflow or to runoff outside the affected area.
(2) Meet the treatment requirements and effluent limitations of § 87.102 (relating to hydrologic balance: effluent standards).
(3) Minimize erosion to the extent possible.
(4) Meet the requirements of Chapter 102 (relating to erosion control).
§ 87.126. Use of explosives: public notice of blasting schedule.
(a) Blasting schedule publication.
(1) Each person who conducts surface mining activities shall publish a blasting schedule in a newspaper of general circulation in the locality of the proposed site, at least 10 days, but not more than 30 days, before beginning a blasting program in which blasts that use more than 5 pounds of explosives or blasting agents are detonated.
(2) Copies of the schedule shall be distributed by mail to local governments and public utilities and by mail or delivered to each resident within 1/2 mile of the blasting area. Copies sent to residents shall be accompanied by information advising the owner or resident how to request a preblasting survey.
(3) The person who conducts the surface mining activities shall republish and redistribute the schedule by mail at least every 12 months.
(b) Blasting schedule contents.
(1) A blasting schedule may not be so general as to cover the entire permit area or all working hours, but shall identify as accurately as possible the location of the blasting sites and the time periods when blasting will occur.
(2) The blasting schedule shall contain at a minimum the following:
(i) Identification of the specific areas in which blasting will take place. Each specific blasting area described shall be reasonably compact and not larger than 300 acres (121.4 hectacres).
(ii) Dates and time periods when explosives are to be detonated. Each period may not exceed 4 hours.
(iii) Methods to be used to control access to the blasting area.
(iv) Types of audible warnings and all-clear signals to be used before and after blasting.
(v) A description of possible emergency situations that might prevent blasting at times announced in the blasting schedule, such as rain, lightning, other atmospheric conditions or operator or public safety which may require unscheduled detonation.
(c) Public notice of changes to blasting schedules.
(1) The person who conducts the surface mining activities shall prepare a revised blasting schedule before blasting in areas or at times not in a previous schedule.
(2) The blasting schedule shall be revised, published and distributed in accordance with this action. Advice on requesting a preblast survey need not be provided to those parties advised in the original distribution under subsection (a)(2).
§ 87.127. Use of explosives: surface blasting requirements.
* * * * *
(f) Requirements for blasting are as follows:
* * * * *
(5) Flyrock, including blasted material traveling along the ground, may not be cast from the blasting vicinity more than one-half the distance to the nearest dwelling or other occupied structure and in no case beyond the permit boundary, or beyond the area or regulated access required under subsection (d).
* * * * *
§ 87.138. Protection of fish, wildlife and related environmental values.
(a) A person conducting surface mining activities shall, to the extent possible using the best technology currently available:
(1) Minimize disturbances and adverse impacts of the activities on fish, wildlife and related environmental values, and achieve enhancement of the resources when practicable.
(2) Locate and operate haul and access roads to avoid or minimize impacts to fish and wildlife species or other species protected by State or Federal law.
(3) Avoid disturbance to, enhance where practicable, or restore, habitats of unusually high value for fish and wildlife.
(4) Restore, enhance when practicable, or maintain natural riparian vegetation on the banks of streams, lakes and other wetland areas.
(5) Not use restricted pesticides on the areas during surface mining and reclamation activities, unless approved by the Department of Agriculture.
(6) Do the following, if fish and wildlife habitat is the postmining land use, in addition to the requirements of §§ 87.147--87.153, 87.155 and 87.156:
(i) Select plant species to be used on reclaimed areas, based on the following criteria:
(A) Their proven nutritional value for fish and wildlife.
(B) Their uses as cover for fish and wildlife.
(C) Their ability to support and enhance fish and wildlife habitat after release of bonds.
(ii) Distribute plant grouping to maximize benefit to fish and wildlife. Plants should be grouped and distributed in a manner which optimizes edge effect, cover and other benefits for fish and wildlife.
(7) Intersperse the fields with trees, hedges or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals, when cropland is to be the alternative postmining land use and when appropriate for wildlife and crop management practices. Wetlands shall be preserved or created rather than drained or otherwise permanently abolished.
(8) Intersperse reclaimed lands with greenbelts utilizing species of grass, shrubs and trees useful as food and cover for birds and small animals, unless the green belts are inconsistent with the approved postmining land use, when the primary land use is to be residential, public service or industrial land use.
(9) Design fences, overland conveyors and other potential barriers to permit passage for large mammals, except if the Department determines that the requirements are unnecessary.
(10) Fence, cover or use other appropriate methods to exclude wildlife from ponds which contain hazardous concentrations of toxic-forming materials.
(b) A person who conducts surface mining activities shall promptly report to the Department the presence in the permit area of threatened or endangered species under State or Federal laws of which that person becomes aware and which was not previously reported to the Department by that person. Upon notification, the Department will consult with the Game Commission or the Fish and Boat Commission and appropriate Federal fish and wildlife agencies and, after consultation, will identify whether, and under what conditions, the operator may proceed.
(c) Surface mining activity may not be conducted in a manner which would result in the unlawful taking of a bald or golden eagle, its nest or its eggs. The operator shall promptly report to the Department a golden or bald eagle nest within the permit area of which the operator becomes aware. Upon notification, the Department will consult with the United States Fish and Wildlife Service and the Game Commission and, after consultation, will identify whether, and under what conditions, the operator may proceed.
(d) Surface mining activity may not be conducted which is 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 is 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 (16 U.S.C.A. §§ 1531--1544).
§ 87.144. Backfilling and grading: final slopes.
(a) The final graded slopes shall approximate premining slopes, or any lesser slopes approved by the Department based on consideration of soil, climate or other characteristics of the surrounding area.
(b) Postmining final graded slopes need not be uniform, but shall approximate the general nature of the premining topography.
(c) On approval by the Department in order to conserve soil moisture, ensure stability and control erosion on final graded slopes, cut and fill terraces may be allowed if the terraces are compatible with the approved postmining land use and are substitutes for construction of lower grades on the reclaimed lands.
(d) Small depressions may be constructed, if they:
(1) Are approved by the Department to minimize erosion, conserve soil moisture or promote vegetation.
(2) Do not restrict normal access.
(3) Are not inappropriate substitutes for lower grades on the reclaimed lands.
(e) All surface mining activities on slopes above 20°, or on lesser slopes that the Department defines as steep slopes, shall meet §§ 87.158 and 87.159 (relating to cessation of operations: permanent; and postmining land use).
(f) All final grading, preparation of overburden before replacement of topsoil and placement of topsoil shall be conducted in a manner which minimizes erosion and provides a surface for replacement of topsoil which will minimize slippage.
§ 87.146. Regrading or stabilizing rills and gullies.
(a) Exposed surface areas shall be protected and stabilized to effectively control erosion and air pollution attendant to erosion.
(b) Rills and gullies, which form in areas that have been regraded and topsoiled and which do one of the following shall be filled, regraded or otherwise stabilized:
(1) Disrupt the approved postmining land use or the reestablishment of the vegetative cover.
(2) Cause or contribute to a violation of water quality standards for receiving streams.
(c) For the areas listed in subsection (b), the topsoil shall be replaced and the areas shall be reseeded or replanted.
§ 87.159. Postmining land use.
(a) Prior to the release of land from permit area in accordance with Chapter 86, Subchapter F (relating to bonding and insurance requirements), affected areas shall be restored in a timely manner to conditions that are capable of supporting the uses which they were capable of supporting before any mining, or to higher and better uses achievable under criteria and procedures of this section.
(b) The premining use of land to which the postmining land use is compared shall be determined by the following:
(1) The postmining land use for land that has not been previously mined and has been properly managed shall be judged on the basis of those uses which the land previously supported.
(2) The postmining land use for land that has been previously mined and not reclaimed shall be judged on the basis of the condition prior to any mining or to a higher or better use that can be achieved and is compatible with surrounding areas.
(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:
(1) The proposed postmining land use is compatible with adjacent land use and applicable land use policies, plans, and programs and Federal, State and local law. A written statement of the views of the authorities with statutory responsibilities for land use policies and plans is submitted to the Department before surface mining activities begin. Any required approval, including any necessary zoning or other changes required for land use by local, State or Federal land management agencies, is obtained and remains valid throughout the surface mining activities.
(2) The owner of the surface requests in a notarized written statement that the alternative land use be approved.
(3) The proposed postmining land use is reasonably likely to be achieved which may be demonstrated by one or more of the following or other similar criteria:
(i) Specific plans are prepared and submitted to the Department which show the feasibility of the postmining land use as related to projected land use trends and markets. The plan shall include a schedule showing how the proposed use will be developed and achieved within a reasonable time after mining and how the development will be sustained. The Department may require appropriate demonstrations to show that the planned procedures are feasible, reasonable and integrated with mining and reclamation, and that the plans will result in successful reclamation.
(ii) Provision for necessary public facilities is ensured with letters of commitment from parties other than the person who conducts surface mining activities, as appropriate to provide the public facilities in a manner compatible with the plans submitted under § 87.75 (relating to postmining land uses). The letters shall be submitted to the Department before surface mining activities begin.
(iii) The applicant presents specific plans for the proposed postmining land use and appropriate assurances that the use will be practicable with respect to private financial capability for completion of the proposed use.
(4) The proposed use will neither pose an actual threat to public health or safety or of water diminution, interruption, contamination or pollution.
(5) The use will not involve unreasonable delays in reclamation or implementation.
(6) Necessary approval of measures to prevent or mitigate adverse effects on fish, wildlife and related environmental values and threatened or endangered plants is obtained from the Department, and appropriate State and Federal fish and wildlife management agencies have been provided a 30-day period in which to review the plan before surface mining activities begin.
§ 87.160. Haul roads and access roads.
(a) Haul roads and access roads shall be designed, constructed and maintained to control or prevent erosion and contributions of sediment to streams or runoff outside the affected area; air and water pollution; damage to fish and wildlife or their habitat; and flooding and damage to public or private property. To ensure environmental protection appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement and culvert size, in accordance with current, prudent engineering practices and necessary design criteria established by the Department. Upon completion of the associated surface mining activities, the area disturbed by the road shall be restored in accordance with § 87.166 (relating to haul roads and access roads: restoration) unless retention of the road and its maintenance plan is approved as part of the postmining land use.
(b) The haul or access road may not be located in or within 100 feet (30.48 meters) of a perennial or intermittent stream except in accordance with § 86.102 (relating to areas where mining is prohibited or limited). A crossing of a perennial or intermittent stream shall be made using bridges, culverts or similar structures. Bridges, culverts or other encroachment or water obstruction shall meet the requirements of Chapter 105 (relating to dam safety and waterway management).
(c) Each road shall have a drainage system that is compatible with the natural drainage system, is structurally stable, and which will pass safely the peak flow from a 10-year, 24-hour precipitation event or larger event if required by the Department. The drainage system shall include a sloped or crowned road surface, cross drains or culverts, stabilized ditches, erosion-resistant surfacing, sediment traps and other appropriate sediment control measures as required by § 87.106 (relating to hydrologic balance: sediment control measures).
(d) Roads shall be constructed on stable areas that avoid wet or unstable soils.
(e) Prior to the construction of the road, topsoil shall be removed, stored on a stable site and protected against erosion and compaction until restoration of the haul road.
(f) Disturbed areas adjacent to the road shall be vegetated or otherwise stabilized to prevent erosion.
(g) Haul roads shall be surfaced with material sufficiently durable for the anticipated volume of traffic and the weight and speed of vehicles using the road. Acid or toxic-forming material may not be used for surfacing or construction of a road except where the road is within the confines of a coal refuse disposal or reprocessing area and the effluent meets the requirements of § 87.102 (relating to hydrologic balance: effluent standards).
(h) A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired or reclaimed as soon as practicable after the damage has occurred.
(i) Haul roads and roads approved as part of the postmining land use shall be certified by a qualified registered professional engineer or qualified registered land surveyor that the roads have been constructed or reconstructed as designed in accordance with the approved plan.
§ 87.166. Haul roads and access roads: restoration.
Unless the Department approves retention of a road as suitable for the approved postmining land use in accordance with § 87.159 (relating to postmining land use), as soon as practicable after the road is no longer needed for the associated surface mining activities:
(1) The road shall be physically closed to vehicular traffic.
(2) The road and adjacent slopes shall be regraded to blend with the natural contours and drainage pattern.
(3) Bridges and culverts shall be removed.
(4) Roadbeds shall be ripped or scarified.
(5) Fill slopes shall be rounded or reduced and shaped to conform the site to adjacent terrain and to meet natural drainage restoration standards.
(6) Cut slopes shall be shaped to blend with the natural contour.
(7) Cross drains, dikes and water bars shall be constructed to minimize erosion.
(8) Terraces shall be constructed as necessary to prevent excessive erosion and to provide long-term stability in cut and fill slopes.
(9) Road surfacing materials shall be removed if the materials are incompatible with the postmining land use and establishment of vegetation.
(10) Disturbed areas shall be covered with topsoil in accordance with §§ 87.96--87.100 and revegetated in accordance with § 87.147 (relating to revegetation: general requirements).
(11) Excess material and debris shall be disposed of in a manner approved by the Department.
§ 87.173. Support facilities and utility installations.
(a) Support facilities required for, or used incidentally to, the operation of the mine, including, but not limited to, mine buildings, coal loading facilities at or near the mine-site, coal storage facilities, equipment storage facilities, fan buildings, hoist buildings, preparation plants, sheds, shops and other buildings shall be 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 minimizes:
(i) Damage to fish, wildlife and related environmental values.
(ii) 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.
(b) All surface mining activities shall be conducted in a manner which minimizes damage, destruction or disruption of services provided by oil, gas and water wells; oil, gas and coal-slurry pipelines; railroads; electric and telephone lines; and water and sewage lines which pass over, under or through the permit area, unless otherwise approved by the owner of those facilities and the Department.
§ 87.174. Steep slope operations.
(a) Each person who conducts or intends to conduct surface mining and reclamation operations on steep slopes shall comply with this subchapter and this section, except to the extent a variance is approved under § 87.175 (relating to variance to contouring).
(b) Debris, from clearing and grubbing of haul road construction, abandoned or disabled equipment, spoil material, waste mineral matter or other waste material may not be placed on the downslope below the bench or mining cut, except for material used to construct road embankment in accordance with §§ 87.160, 87.166 and 87.172 (relating to haul roads and access roads; haul roads and access roads: restoration; and other transportation facilities).
(c) The disturbed area shall be returned to approximate original contours by completely covering the highwall with compacted spoil and grading the area in accordance with §§ 87.141, 87.142 and 87.144--87.146. The person who conducts the surface mining and reclamation operation shall demonstrate to the Department, using standard geotechnical analysis, that the minimum static factor of safety for the stability of all portions of the reclaimed land is at least 1.3.
(d) Land above the highwall may not be disturbed unless the Department finds that the disturbance facilitates compliance with this subchapter.
(e) Material in excess of that required by the grading and backfilling provisions of subsection (b) shall be disposed of in accordance with the requirements of § 87.131 (relating to disposal of excess spoil).
(f) Woody materials may not be buried in the backfilled area unless the applicant demonstrates that the proposed method for disposal of the woody materials will not deteriorate the stability of the backfilled area as required by subsection (b). Wood may be chipped and used as mulch if the requirements of § 87.153 (relating to revegetation: mulching) are met.
§ 87.176. Auger mining.
(a) Auger mining associated with surface mining activities shall be conducted to maximize recoverability of mineral reserves remaining after the mining activities are completed. A person who conducts auger mining operations shall leave areas of undisturbed coal to provide access for removal of those reserves by future underground mining activities, unless the person who conducts surface mining activities demonstrates to the satisfaction of the Department that the coal reserves have been depleted or are limited in thickness or extent to the point that it will not be practicable to recover the remaining coal reserves.
(b) An auger hole may not be made closer that 500 feet (152.40 meters) in horizontal distance to abandoned or active underground mine workings, except as approved in accordance with § 87.135 (relating to protection of underground mining).
(c) To prevent pollution of surface water and groundwater and to reduce fire hazards, an auger hole shall be plugged to prevent the discharge of water from the hole and access of air to the coal. An auger hole shall be plugged within 30 days after completion by backfilling and compacting noncombustible and impervious material into the hole to a depth sufficient to form a watertight seal. Plugging shall be done within 72 hours after completion if the holes are discharging water containing acid or toxic forming material.
(d) The Department will prohibit auger mining unless the person conducting the surface mining activities demonstrates, the following
(1) Adverse water quality impacts can be prevented or corrected.
(2) Fill stability can be achieved.
(3) The auger mining is necessary to maximize the utilization, recoverability or conservation of the solid fuel resources.
(4) Subsidence resulting from auger mining will not disturb or damage powerlines, pipelines, buildings or other facilities.
Subchapter F. SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES § 87.209. Criteria and schedule for release of bonds on pollution abatement areas.
(a) The Department will release up to 60% of the amount of bond for the authorized pollution abatement area if the applicant demonstrates and the Department finds that:
(1) The surface coal mining activities were conducted on the permit area, including the pollution abatement area, under the requirements of the permit and the authorization, Chapter 86 (relating to surface and underground coal mining: general) and this chapter except as specifically modified by this subchapter.
(2) The operator has satisfactorily completed backfilling, regrading and drainage control under the approved reclamation plan.
(3) The operator has properly implemented each step of the pollution abatement plan approved and authorized under this subchapter.
(4) The operator has not caused degradation of the baseline pollution load at any time during the 6 months prior to the submittal of the request for bond release under this subsection and until the bond release is approved as shown by all ground and surface water monitoring conducted by the permittee under § 87.206(1) (relating to operational requirements) or conducted by the Department.
(5) The operator has not caused or contributed to surface water pollution or groundwater degradation by reaffecting or mining the pollution abatement area.
(b) The Department will release an additional amount of bond for the authorized pollution abatement area but retain an amount sufficient to cover the cost to the Department of reestablishing vegetation if completed by a third party if the operator demonstrates and the Department finds that:
(1) The operator has replaced the topsoil or material conserved under § 87.97(d) (relating to topsoil: removal), completed final grading, planting and established revegetation under the approved reclamation plan and achieved the standards of success for revegetation in § 87.205(a)(5) (relating to approval or denial).
(2) The operator has not caused or contributed to surface water pollution or groundwater degradation by reaffecting or mining the pollution abatement area.
(3) The operator has complied with one of the following:
(i) Achieved the actual improvement of the baseline pollution load described in the approved abatement plan and shown by ground and surface water monitoring conducted by the permittee for the time provided in the abatement plan after completion of backfilling, final grading, drainage control, topsoiling and establishment of revegetation to achieve the standard of success for revegetation in § 87.205(a)(5).
(ii) Achieved the following:
(A) At a minimum has not caused degradation of the baseline pollution load as shown by ground and surface water monitoring conducted by the operator or the Department for one of the following:
(I) For the 12 months prior to the date of application for bond release and until the bond release is approved under subsection (b), if backfilling, final grading, drainage control, topsoiling and establishment of revegetation to achieve the standard of success for revegetation in § 87.205(a)(5) have been completed.
(II) If treatment has been initiated at any time after initial bond release under subsection (a) and § 87.207(e) (relating to treatment of discharges), for 12 months from the discontinuance of treatment under § 87.207(d), if backfilling, final grading, drainage control, topsoiling and establishment of revegetation to achieve the standard of success for revegetation in § 87.205(a)(5) have been completed.
(B) Conducted the measures provided in the approved abatement plan and additional measures specified by the Department in writing at the time of initial bond release under subsection (a) for the area requested for bond release.
(C) Caused aesthetic or other environmental improvements or the elimination of public health and safety problems by remining and reaffecting the pollution abatement area.
(D) Stabilized the pollution abatement area.
(c) The Department will release the remaining portion of the amount of bond on the authorized pollution abatement area if the applicant demonstrates and the Department finds that:
(1) The operator has successfully completed the approved abatement and reclamation plans, and the pollution abatement area is capable of supporting the postmining land use approved under § 87.159 (relating to postmining land use).
(2) The operator has complied with the permit and the authorization, Chapter 86 and this chapter, except as specifically modified by this subchapter.
(3) The operator has not caused degradation of the baseline pollution load from the time of bond release under subsection (b) or, if treatment has been initiated after bond release under subsection (b) in accordance with § 87.207(e) for 5 years from the discontinuance of treatment under § 87.207(d).
(4) The applicable liability period has expired under § 86.151 (relating to period of liability).
CHAPTER 88. ANTHRACITE COAL
Subchapter A. GENERAL PROVISIONS
PRELIMINARY PROVISIONS § 88.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * *
Land use--Specific uses or management-related activities, rather than the vegetation or cover of the land. Land uses may be identified in combination when joint or seasonal uses occur. A change of land use from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the Department. The term is further defined as:
* * * * *
(x) Unmanaged natural habitat. Idle land which does not require a specific management plan after the reclamation and revegetation have been accomplished.
* * * * *
OPERATION AND RECLAMATION PLAN § 88.42. Operational plan: general information.
An application for anthracite coal surface mining activities shall include at a minimum:
(1) A narrative description of the type and method of mining and reclamation procedures and proposed engineering techniques and the major equipment to be used.
(2) A narrative explaining the construction, modification, use, maintenance and removal of the following facilities, unless retention of the facilities is approved for postmining land use:
(i) Dams, embankments and other impoundments.
(ii) Overburden, soil or vegetation-supporting material handling and storage areas.
(iii) Handling, storage, transportation areas and structures affected by coal removal.
(iv) Handling, storage, transportation and disposal areas and structures affected by mine spoil or coal processing waste.
(v) Mine facilities.
(vi) Water pollution control facilities.
(vii) Erosion control facilities.
(viii) Air pollution control methods.
(3) A description of the measures to be employed to ensure that all debris, potential acid-forming and potential toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with this chapter and a description of the contingency plans which have been developed to preclude combustion of these materials.
(4) A description of the measures to be employed to seal drill holes or encountered mine openings.
(5) A demonstration that the notification requirements of § 86.31(e) (relating to public notices of filing of permit applications) have been satisfied.
§ 88.56. Protection of public parks and historic places.
(a) For publicly-owned parks or historic places listed on the National Register of Historic Places that may be adversely affected by the proposed operations, each application shall describe the measures to be used to accomplish the following:
(1) Prevent adverse impacts and meet the requirements of Chapter 86, Subchapter D (relating to areas unsuitable for mining).
(2) Minimize adverse impacts, if valid existing rights exist or joint agency approval is to be obtained under Chapter 86, Subchapter D.
(b) The Department may require the applicant to protect historic or archaeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance if the required measures are completed before the properties are affected by any anthracite mining activity.
Subchapter B. SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS § 88.83. Sealing of drilled holes: general requirements.
(a) An exploration hole, other drill or borehole, well or other exposed opening (except for holes solely drilled and used for blasting), shall be sealed, backfilled or otherwise managed, as approved by the Department, in order to do the following:
(1) Prevent acid or other toxic drainage from entering groundwaters or surface waters.
(2) Minimize disturbance to the prevailing hydrologic balance.
(3) Ensure the safety of people, property, livestock, fish and wildlife and machinery in the permit and adjacent areas.
(4) Prevent groundwater and surface water from entering underground mine workings.
(b) If these openings are uncovered or exposed by surface mining activities within the permit area, they shall be permanently closed unless approved for water monitoring, or otherwise managed in a manner approved by the Department.
(c) Use of a drilled hole, borehole or monitoring well as a water well shall meet the provisions of § 88.106 (relating to hydrologic balance: surface water monitoring).
(d) Gas and oil wells shall be sealed in accordance with the Oil and Gas Act (58 P. S. §§ 601.101--601.605).
(e) A solid barrier of undisturbed earth, 125 feet (38.1 meters) in radius shall be maintained around all oil and gas wells, unless:
(1) The well is sealed in accordance with subsection (d).
(2) The Department approves in writing a lesser distance if:
(i) Access to the well is provided at all times.
(ii) The integrity of the well is maintained.
(iii) The measures included in the permit to minimize damage, destruction or disruption of services are implemented.
§ 88.91. Hydrologic balance: general requirements.
(a) Surface mining activities shall be planned and conducted to minimize disturbances to the prevailing hydrologic balance in the permit and adjacent areas and to prevent material damage to the hydrologic balance outside the permit area. The Department may require additional preventive, remedial or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Where the area has been previously mined, the surface mining activity shall be planned and conducted to maximize the abatement of water pollution and the reclamation of the land.
(b) Changes in water quality and quantity, the depth to groundwater, and the location of surface water drainage channels shall be minimized so that the approved postmining land use of the permit area is not adversely affected.
(c) The treatment requirements and effluent limitations established under § 88.92 (relating to hydrologic balance: effluent standards) may not be violated.
(d) A person who conducts surface mining activities shall conduct the mining and reclamation operation to prevent water pollution and, if necessary, operate and maintain the necessary water treatment facilities until applicable treatment requirements and effluent limitations established under § 88.92 are achieved and maintained. If these practices are not adequate, the person who conducts surface mining activities shall provide the necessary water treatment facilities to obtain the applicable water quality standards.
§ 88.92. Hydrologic balance: effluent standards.
(a) Groups of effluent criteria. A person may not allow a discharge of water from an area disturbed by mining activities which exceeds the following groups of effluent criteria. The effluent limitations shall be applied under subsection (b).
Group A
30-day Daily Instantaneous Parameter Average Maximum Maximum iron (total) 3.0 mg/l 6.0 mg/l 7.0 mg/l manganese (total) 2.0 mg/l 4.0 mg/l 5.0 mg/l suspended solids 35 mg/l 70 mg/l 90 mg/l pH 1 greater than 6.0; less than 9.0 alkalinity greater than acidity 1 1 The parameter is applicable at all times.
Group B
Instantaneous Parameter Maximum iron (total) 7.0 mg/l settleable solids 0.5 ml/l pH greater than 6.0; less than 9.0 alkalinity greater than acidity
Group C
Instantaneous Parameter Maximum pH greater than 6.0; less than 9.0 alkalinity greater than acidity * * * * *
§ 88.96. Hydrologic balance: sediment control measures.
Appropriate sediment control measures shall be designed, constructed and maintained to:
(1) Prevent, to the extent possible, contributions of sediment to streamflow or to runoff outside the affected area.
(2) Meet the treatment and effluent requirements of § 88.92 (relating to hydrologic balance: effluent standards).
(3) Minimize erosion to the extent possible.
(4) Meet the requirements of Chapter 102 (relating to erosion control).
§ 88.118. Backfilling and grading: final slopes.
(a) The final graded slopes shall approximate premining slopes, or slopes approved by the Department based on consideration of soil, rock formation, climate or other characteristics of the surrounding area.
(b) Postmining final graded slopes need not be uniform but shall approximate the general nature of the premining topography.
(c) Cut and fill terraces may be allowed on approval by the Department to conserve soil moisture, ensure stability and control erosion on final graded slopes, if the terraces are compatible with the approved postmining land use and are substitutes for construction of lower grades on the reclaimed lands.
(d) Small depressions may be constructed, if they:
(1) Are approved by the Department to minimize erosion, conserve soil moisture or promote vegetation.
(2) Do not restrict normal access.
(3) Are not inappropriate substitutes for lower grades on the reclaimed lands.
(e) All surface mining activities on slopes above 20°, or on lesser slopes that the Department defines as steep slopes, shall meet the appropriate provisions.
(f) All final grading, preparation of overburden before replacement of soil or suitable vegetation support material shall be conducted in a manner which minimizes erosion and provides a surface for replacement of soil which will minimize slippage.
§ 88.133. Postmining land use.
(a) All affected areas shall be restored in a timely manner to conditions that are capable of supporting the uses which they were capable of supporting before mining, or to higher or better uses achievable under criteria and procedures of this section and prior to the release of land from the permit area in accordance with Chapter 86, Subchapter F (relating to bonding and insurance requirements).
(b) The premining use of land to which the postmining land use is compared shall be determined by the following:
(1) The postmining land use for land that has not been previously mined and has been properly managed shall be judged on the basis of uses which the land previously supported.
(2) The postmining land use for land that has been previously mined and not reclaimed shall be judged on the basis of the condition prior to mining or to a higher or better use that can be achieved and is compatible with surrounding areas.
(c) Alternative land uses will be approved by the Department after consultation with the landowner or the land management agency having jurisdiction over the lands and after determining the following criteria have been met:
(1) The proposed postmining land use is compatible with adjacent land use and applicable land use policies, plans and programs and Federal, State and local law. A written statement of the views of the authorities with statutory responsibilities for land use policies and plans is submitted to the Department before surface mining activities begin. Any required approval, including any necessary zoning or other changes required for land use by local, State or Federal land management agencies, is obtained and remains valid throughout the surface mining activities.
(2) The owner of the surface requests in a notarized written statement that the alternative land use be approved.
(3) The proposed postmining land use is reasonably likely to be achieved which may be demonstrated by one or more of the following or other similar criteria:
(i) Provision of any necessary public facilities is ensured as evidenced by letters of commitment from parties other than the person who conducts surface mining activities, as appropriate, to provide the public facilities in a manner compatible with the plans submitted under Subchapter A (relating to general provisions). The letters shall be submitted to the Department before surface mining activities begin.
(ii) Specific plans are prepared and submitted to the Department which show the feasibility of the postmining land use as related to projected land use trends and markets. The plan shall include a schedule showing how the proposed use will be developed and achieved within a reasonable time after mining and how the development will be sustained. The Department may require appropriate demonstrations to show that the planned procedures are feasible, reasonable and integrated with mining and reclamation, and that the plans shall result in successful reclamation.
(4) The proposed use will neither pose an actual or potential threat to public health or safety or of water diminution, interruption, contamination or pollution.
(5) The use will not involve unreasonable delays in reclamation or implementation.
(6) Necessary approval of measures to prevent or mitigate adverse effects on fish, wildlife and related environmental values and threatened or endangered plants is obtained from the Department and appropriate State and Federal fish and wildlife management agencies have been provided a 30-day period in which to review the plan before surface mining activities begin.
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
