NOTICES
Proposed General Permit for Short Term Construction Projects; BMR-GP-103
[28 Pa.B. 563] In compliance with the provisions of section 26(b) of the Noncoal Surface Mining Conservation and Reclamation Act (Noncoal SMCRA) (52 P. S. § 3326(b)); section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20) and 25 Pa. Code §§ 77.801--77.807 Noncoal Regulations, the Department of Environmental Protection (Department) by this notice proposes to issue a general permit for Short Term Construction Projects (BMR-GP-103).
Description
This general permit is proposed for use by eligible persons for the extraction of noncoal minerals to supply fill material for a specific construction project. The noncoal minerals extracted under this general permit must be used solely on the construction project identified in the registration process and cannot be used or sold for any other purpose. The duration of the mineral extraction may not exceed 1 year unless a 3-month extension can be justified and approved by the Department. The maximum area that a project may affect under this general permit is 5 acres (2.02 hectares).
The issuance of this general permit shall only be valid for licensed mine operators that have submitted an administratively complete and acceptable registration application which has been approved in writing by the Department.
The Department may amend, deny, revoke or suspend an authorization to use this general permit for any project which the Department determines is likely to have an adverse effect on public health, safety, welfare or the environment, or otherwise would not be adequately regulated by the provisions of this general permit.
Registration to Use the General Permit
Persons seeking authorization to operate under this general permit will be required to file an administratively complete and acceptable registration application. The Department will provide the applicant with written notification within 30 days of receipt of an application of approval/disapproval, request for additional information or bond request. The applicant will be required to notify the municipality in which the activities will be located by registered mail that they intend to conduct activities under the general permit. The Department will notify the municipality of its decision to approve or disapprove a registration application.
Persons authorized to operate under this general permit will use erosion and control practices, reclamation practices and revegetation standards described in the general permit.
A bond will be required at the rate of $1,000 per acre.
This general permit is being proposed under the authority of 25 Pa. Code §§ 77.801--77.807 which will be published as final rulemaking in the Pennsylvania Bulletin on January 31, 1998.
Persons wishing to comment on the proposed general permit are invited to obtain a copy of the proposed general permit from the Department and to submit a written statement to: Department of Environmental Protection, Bureau of Mining and Reclamation, Permits Division, P. O. Box 8461, Harrisburg, PA 17105-8461, (717) 783-8845.
Comments must be received by April 1, 1998. Comments received within this 60-day period will be considered in the formulation of the final language of the general permit. Comments should include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of the comment and the relevant facts upon which it is based. Comments will not be accepted by facsimile. Following the close of the comment period, the Department will make a final determination regarding the proposed general permit. Notice of this determination and the final language of the general permit will be published in the Pennsylvania Bulletin.
General Permit for Short-Term
Construction Projects
BMR-GP-1031. Authorization--The Department of Environmental Protection hereby authorizes, by general permit, subject to the terms, conditions, and criteria set forth as follows, the extraction of noncoal minerals from a site to supply fill material for a construction project. The material must be used solely on the construction project specified during the registration, and cannot be sold or otherwise used on areas not associated with the specified construction project. The total area to be affected by the noncoal mining activities cannot exceed 5 acres (2.02 hectares). The duration of the mineral extraction cannot exceed 1 year. No blasting activities may take place on the permit. The activities conducted under this general permit are not likely to adversely affect public or private water supplies or encounter the regional groundwater table.
2. Standards--This General Permit sets forth the standards to comply with Subchapters C, D, G, H and I of 25 Pa. Code Chapter 77. To the extent that the provisions of these subchapters are not addressed in this General Permit, the requirements of the Noncoal Surface Mining Conservation and Reclamation Act and 25 Pa. Code Chapter 77 apply.
3. Effective Time Period--The authorization to use this general permit for the extraction of noncoal minerals from a site to supply fill material for a construction project shall expire 1 year after the surface mining activities have commenced. The time period can be extended up to 3 months if the operator can demonstrate that the additional mining is necessary to complete the construction project and it is not likely that the mining activity will adversely affect public or private water supplies or encounter the regional groundwater table. Even if 1 year has not elapsed, the authorization to mine material under this general permit will terminate once the construction project identified in the registration form reaches a stage where it no longer requires fill from the mining activity.
4. Fees--There is no fee required for obtaining authorization under this general permit.
5. Registration and Approval/Disapproval to Use General Permit--Prior to beginning surface mining activities under this general permit, the operator shall submit the registration form along with the required documentation to the appropriate District Mining Office. The District Mining Office will provide written notification concerning the approval/disapproval or a request for additional information or bond request within 30 days of receipt of an application. The surface mining activities shall be conducted in accordance with this general permit and the Department's approval of the registration/application.
6. Public Notice--The requirements under 25 Pa. Code § 77.121 (relating to public notices of filing permit applications) are waived for sites operating under this general permit. The operator must notify by registered mail the city, borough, incorporated town or township in which the activities are located that they intend to register the site under this general permit. The Department will notify the city, borough, incorporated town or township of its decision to approve or disapprove the registration/application.
7. Documentation of Use--The registration form/application must contain documentation that the noncoal minerals extracted under this general permit will be used on a construction site. This documentation can take the form of either a bid form or a copy of the executed contract. Where a bid form is submitted as part of the registration form/application and the registration form/application is otherwise approvable, the Department shall approve the registration conditioned upon the operator submitting a copy of the executed contract prior to the initiation of surface mining activities.
8. Limitations--The material removed under this general permit can only be used at the construction project identified on the registration form and for which the authorization was approved. The material cannot go to any other construction project, or be taken to a processing or storage area to be used on any other project. The removal of material shall cease once the designated construction project no longer requires fill or on the expiration date of the authorization, whichever is the earlier date.
9. Contract Miners--A person other than the applicant, including an independent subcontractor, may operate on the site provided they comply with the approved general permit authorization and are approved by the Department prior to engaging in surface mining operations. The contract miner will be approved if they have demonstrated compliance with 25 Pa. Code § 77.126(6)--(9) (relating to criteria for permit approval or denial). The person is jointly and severally liable with the permittee for any violations of the act that the permittee is charged with and in which the person participates.
10. Enforcement--The permittee's failure to comply with the laws of the Commonwealth and the rules and regulations of the Department regarding noncoal surface mining activities, or failure to comply with the terms and conditions of this permit, may result in an enforcement action, in permit termination, suspension, revocation and reissuance, or modification. Nothing in this permit shall be construed to preclude the institution of any legal action or to relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under the Acts under which this permit is issued or any other applicable provisions of law. When an operator is having difficulty complying with the general permit, the Department may suspend the authorization to operate and require the operator to obtain an individual permit.
11. Bonding Requirements--The amount of the bond shall be $1,000 per acre to be affected, with a $1,000 minimum bond to be posted on a site. The bond must be submitted to the Department and approved prior to the approval to conduct mining activities under this general permit.
12. Erosion and Sedimentation Controls--The activities conducted under this general permit must comply with 25 Pa. Code Chapter 102. If one of the following suggested erosion and sedimentation control measures is to be used, the registration form need not contain an erosion and sedimentation control plan. If control measures other than the ones listed are to be used, an erosion and sedimentation control plan must be submitted with the registration.
For sites where the contributory drainage area is less than 5 acres (2.02 hectares) and where the area has a gentle to moderate slope, the operator may use sediment traps and collection ditches, hay bales or filter fabric fences. The sediment traps will be constructed to provide 2,000 cubic feet of storage capacity for every acre (139.75 cubic meters/hectare) of contributory drainage area. Another acceptable method of erosion and sedimentation control is the use of pit sumps. The mineral extraction is conducted in such a manner so that all surface water runoff is contained within the pit. The pit floor is sloped away from the highway to the pit sump.
For sites where the slopes are steep, and the surface water runoff cannot be contained within the pit, the operator shall construct sediment ponds and use collection ditches to convey the runoff to the sediment ponds. The sediment ponds will be sized to provide 7,000 cubic feet of storage for every acre (489.46 cubic meters/hectare) of contributory drainage area.
13. Processing of Material--The only processing allowed on sites covered by this general permit will be wet sand and gravel screening operations and dry sand and gravel operations processing of less than 150 tons per hour (147 metric tons/hour) of unconsolidated materials. The processing of material must be approved as a part of the registration.
14. Reclamation--In general, the requirements of 25 Pa. Code § 77.595 (relating to concurrent reclamation) are not applicable to operations authorized by this general permit. The Department reserves the right to require concurrent reclamation as provided for in § 77.595 (relating to concurrent reclamation) at a particular operation authorized under this general permit. If the applicant intends to use the reclamation plan described and one of the seed mixtures specified in the registration form a separate reclamation plan is not required. If the applicant intends to use alternative reclamation procedures or seed mixtures, the registration application must contain a reclamation and/or revegetation plan.
Sites must be reclaimed so that no slopes will exceed 35 degrees and the site will have positive drainage and will not pond water. No excavation of material can occur within 25 feet (7.26 meters) of the property line unless approved by the Department. A minimum of 12 inches (0.30 meters) of topsoil, or subsoil if the topsoil is less than 12 inches (0.30 meters), shall be saved and redistributed evenly across the site as required under 25 Pa. Code §§ 77.512--77.514 (relating to removal, storage, and redistribution). Lime and fertilizer will be applied in accordance with a soil test. The site will be seeded and mulch (hay or straw) will be applied at a minimum rate of 2 1/2 to 3 tons/acre (6.05--7.41 metric tons/hectare). Revegetation shall be completed no later than the end of the first growing season, as defined under 25 Pa. Code § 77.612 (relating to timing), after the mineral extraction and regrading is completed.
15. Bond Release--The operator will notify the affected landowner of the request for bond release by certified letter. A copy of the certified letter and return receipt must be included with the request for bond release. The affected landowner will have 30 days to notify the Department of any concerns they have about the reclamation.
Sites revegetated with grasses will be monitored for at least 1 year from the date of initial planting. Sites revegetated with trees will be monitored for two growing seasons (Spring and Fall). The bond posted for the site will be released after the monitoring period has elapsed and the revegetation has met the requirements of 25 Pa. Code § 77.618 (relating to standards for successful revegetation). The monitoring period for sites revegetated with grasses will be for at least 1 year from the date of initial planting. Sites revegetated with trees will be monitored for 2 growing seasons (Spring and Fall).
16. No condition of this general permit shall release the permittee from any responsibility or requirement under other applicable Federal or Pennsylvania statutes or regulations or local ordinances.
17. Conditions for Operation under the General Permit--
a. Any modifications to erosion and sedimentation control facilities necessary to meet the terms and conditions of this permit require prior written approval.
b. The permittee shall conduct all surface mining activities as described in the approved registration of the mining activities under the general permit and all supporting documents which are incorporated herein by reference. Where there is a conflict between the application and the supporting documentation and the terms and conditions of this permit, the terms and conditions of this permit shall supersede any conflicting provisions of the application and supporting documents or revisions to the application.
c. As a condition of this permit and of the permittee's authority to conduct the activities authorized by this permit, the permittee hereby authorizes and consents to allow authorized employees or agents of the Department, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to have access and to inspect all areas on which surface mining activities are being or will be conducted. The authorization and consent shall include consent to collect samples, to take photographs, to perform measurements, surveys, and other tests, to inspect any monitoring equipment, to inspect the methods of operation, and to inspect and/or copy documents required by the Department to be maintained.
d. The issuance of this authorization to conduct surface mining activities under a general permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights.
JAMES M. SEIF,
Secretary
[Pa.B. Doc. No. 98-180. Filed for public inspection January 30, 1998, 9:00 a.m.]
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