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PA Bulletin, Doc. No. 10-2014

NOTICES

General Permit for Short-Term Construction Projects; BMR-GP-103 Modification

[40 Pa.B. 6224]
[Saturday, October 23, 2010]

 In accordance with section 26(b) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. § 3326(b)) and 25 Pa. Code Chapter 77, Subchapter J (relating to general permits), the Department of Environmental Protection (Department) by this notice proposes to modify the General Permit for Short-Term Construction Projects (BMR-GP-103). The proposed modifications include the following: allowing for blasting to occur if specifically authorized under a Blasting Activity Permit; assessing a fee of $725 for processing the application and administering the permit; requiring a full-cost reclamation bond; allowing for a one-time revision to the project; allowing for wetland or stream encroachments so long as they can be authorized under a general permit issued under 25 Pa. Code Chapter 105 (relating to dam safety and waterway management); and allowing for processing of material as long as it can be authorized under an Air Quality general permit or waiver.

 This general permit is 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 application 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 is approved by the Department. The maximum area that a project may affect under this general permit is 5 acres (2.02 hectares).

 This general permit is only valid for licensed mine operators who have submitted an administratively complete and acceptable registration application that has been approved in writing by the Department. A separate NPDES permit may be needed.

 Persons conducting noncoal mining activities under this general permit shall implement erosion and sedimentation controls in accordance with 25 Pa. Code Chapter 102 (relating to erosion and sediment control and stormwater management) and shall implement the reclamation and revegetation requirements of this general permit. A full-cost reclamation bond will be required.

 A copy of the draft revised General Permit will be made available on the Department's web site at www.depweb.state.pa.us (DEP Keyword: Public Participation; select Proposals Open for Comment). A copy of the draft revised General Permit may also be obtained by contacting Department of Environmental Protection, Bureau of Mining and Reclamation, Permits Division, P. O. Box 8461, Harrisburg, PA 17105-8461.

 The Department requests written comments on the proposed revisions to this General Permit by November 15, 2010. Comments received by facsimile will not be accepted. Interested persons may submit written comments, suggestions or objections to the Department of Environmental Protection, Bureau of Mining and Reclamation, Permits Division, P. O. Box 8461, Harrisburg, PA 17105-8461, RA-EPBMRCOMMENTS@state.pa.us. Questions can be addressed by calling (717) 787-9580 or e-mailing wallen@state.pa.us.

 Following the close of the public comment period, the Department will issue the modified General Permit.Notice of the final language of the General Permit will be published in the Pennsylvania Bulletin.

JOHN HANGER, 
Secretary

[Pa.B. Doc. No. 10-2014. Filed for public inspection October 22, 2010, 9:00 a.m.]


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