[27 Pa.B. 2379]
[Continued from previous Web Page] (2) Amount of compensation. If, rather than repair the damage, the operator chooses to compensate the structure owner for damage caused by the operator's underground mining, the operator shall meet the following conditions:
(i) Provide compensation equal to the reasonable cost of repairing the structure or, if the structure is determined to be irreparably damaged, the compensation shall be equal to the reasonable cost of its replacement except for an irreparably damaged agricultural structure identified in paragraph (1)(iv) which at the time of damage was being used for a different purpose than the purpose for which the structure was originally constructed. For such an irreparably damaged agricultural structure, the operator may provide for the reasonable cost to replace the damaged structure with a structure satisfying the functions and purposes served by the damaged structure before the damage occurred if the operator can affirmatively prove that the structure was being used for a different purpose than the purpose for which such structure was originally constructed.
(ii) Compensate the occupants with an additional payment for reasonable, actual expenses incurred during their temporary relocation, if the occupants of a damaged structure are required to relocate. The operator shall also compensate the occupants for other actual, reasonable incidental costs agreed to by the parties or approved by the Department.
(g) Protection of utilities. Underground mining activities shall be planned and conducted in a manner which minimizes damage or destruction of facilities or which minimizes disruption in services provided by facilities such as oil, gas and water wells; oil, gas and coal slurry pipelines; rail lines; electric and telephone lines; and water and sewerage lines which pass under, over, or through the permit area, unless otherwise approved by the owner of the facilities and the Department.
(h) Perennial streams.
(1) Underground mining operations shall be planned and conducted in a manner which maintains the value and reasonably foreseeable uses of perennial streams, such as aquatic life; water supply; and recreation, as they existed prior to coal extraction beneath streams.
(2) If the Department finds that the underground mining operations have adversely affected a perennial stream, the operator shall mitigate the adverse effects to the extent technologically and economically feasible, and, if necessary, file revised plans or other data to demonstrate that future activities will meet the requirements of paragraph (1).
(i) Prevention of hazards to human safety.
(1) Underground mining operations shall be suspended beneath urbanized areas; cities; towns; and communities and adjacent to or beneath industrial or commercial buildings; solid and hazardous waste disposal areas; major impoundments of 20 acre-feet (2.47 hectare-meters) or more; or perennial streams, if the operations present an imminent danger to the public.
(2) Operators may not use a mining technique or extraction ratio which may result in subsidence which creates an imminent danger to human safety unless the operator, prior to mining, takes measures approved by the Department to eliminate the imminent danger to human safety.
(j) Prohibition. Underground mining operations are prohibited under an area which is not included within a subsidence control plan that has been submitted under § 89.141(d) (relating to subsidence control: application requirements) and approved by the Department.
(k) Report of claim. Within 10 days of being advised of a claim of subsidence damage to a structure or surface feature, the operator shall provide the Department with a report of the claim which shall include the following information:
(1) The date of the claim.
(2) The name, address and telephone number of the owner of the structure, surface feature or surface land claimed to be damaged.
(3) The number assigned to the structure or feature under § 89.154(a) (relating to maps).
§ 89.143. [Performance standards] (Reserved).
[(a) General requirements. Underground mining activities shall be planned and conducted in accordance with the following:
(1) The subsidence control plan required by § 89.141(d) (relating to application requirements) and be consistent with the postmining land use protected by § 89.88 (relating to postmining land use).
(2) The performance standards in subsections (b)--(f).
(3) No underground mining activity will be authorized beneath structures where the depth of overburden is less than 100 feet, with the exception of mine related openings to the surface such as entries, shafts and boreholes and site specific variances for entry development as approved by the Department.
(4) The mine operator shall adopt and describe to the Department in his permit application measures to maximize mine stability; however, this subsection does not prohibit planned subsidence in a predictable and controlled manner or the standard method of room and pillar mining.
(b) Prevention of damage. Requirements are as follows:
(1) Underground mining activities shall be planned and conducted in a manner which prevents subsidence damage to the following:
(i) Public buildings and noncommercial structures customarily used by the public, including churches, schools and hospitals.
(ii) Impoundments and other bodies of water with a storage capacity of 20 acre feet or more.
(iii) Aquifers, perennial streams and bodies of water which serve as a significant source for a public water supply system, as defined in the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1--721.17).
(iv) Coal refuse disposal areas authorized by permits issued under Chapter 90 (relating to coal refuse disposal).
(2) The damage prohibited by this subsection includes the cracking of walls, foundations and monuments, the draining of aquifers, perennial streams or other bodies of water which serve as a significant source for a public water supply system, as defined in the Pennsylvania Safe Drinking Water Act and the weakening of impoundments and embankments. Damage to structures described in paragraph (1)(i) need not be prevented if done with the consent of the current owner.
(3) The measures adopted to comply with this subsection shall consist of one of the measures in subparagraph (i) or (ii).
(i) The support area beneath the structure or surface feature to be protected where coal extraction is limited to 50%, and the following:
(A) The support area shall consist of pillars of coal of a size and in a pattern which maximizes bearing strength and is approved by the Department.
(B) The support area shall be rectangular in shape and determined by projecting a 15° angle of draw from the surface to the coal seam beginning 15 feet from either side of the structure. For a structure on a slope of 5% or greater, the support area on the downslope side of the structure shall be extended an additional distance determined by multiplying the depth of the overburden by the percentage of the surface slope. A pillar lying partially within the support area shall be considered part of the support area and be consistent with the other support pillars in size and pattern.
(C) The area between the two support areas shall be treated as a support area, when the distance between the two support areas is less than the depth of the overburden.
(D) More stringent measures may be imposed or mining may be prohibited, if the measures fail to prevent subsidence damage.
(ii) Alternative measures, including full extraction techniques which result in planned and controlled subsidence, may be adopted where the operator demonstrates that the proposed measures are at least as effective in the prevention of subsidence damage as those described in this subsection. In support of the demonstration the Department may require:
(A) Premining and postmining elevation surveys of a nearby area which core samples demonstrate to be geologically similar to the area of the protected surface features.
(B) A history of mining in the surrounding area and a report listing claims of subsidence damage resulting from the mining.
(C) An engineering report on the damage to be expected from the proposed mining pattern.
(D) The operator to initiate a monitoring program to detect surface movement resulting from the mining operation. The program shall consist of monitors placed sufficiently in advance of the mining so that the mining can be stopped before the protected surface features are damaged; in calculating this distance a 25° angle of draw shall be used.
(c) Protection of utilities.
(1) Underground mining activities shall be planned and conducted in a manner which minimizes damage, destruction or disruption in services provided by oil, gas and water wells; oil gas and coal slurry pipelines; rail lines; electric and telephone lines; and water and sewerage lines which pass under, over or through the permit area unless otherwise approved by the owner of the facilities and the Department.
(2) The measures adopted to minimize damage, destruction or disruption of services protected by this subsection may include, in addition to those measures discussed in § 89.141(d), a program for detecting subsidence damage and avoiding disruption in services, and a notification to the owner of the facility which specifies when the mining activity beneath or adjacent to the structure will occur.
(d) Perennial streams.
(1) Underground mining activities shall be planned and conducted in a manner which maintains the value and reasonably foreseeable uses of perennial streams, such as aquatic life, water supply and recreation, as they existed prior to mining beneath streams.
(2) The measures to be adopted to comply with this subsection shall be described in the application and include a discussion of the effectiveness of the proposed measures as related to prior mining activities under similar conditions.
(3) If the Department finds that the measures have adversely affected a perennial stream, the operator shall meet the requirements of § 89.145(a) (relating to surface owner protection) and file revised plans or other data to demonstrate that future activities will meet the requirements of paragraph (1).
(e) Overlying surface land. Underground mining activities shall be planned and conducted in a manner which maintains the value and reasonably foreseeable use of the overlying surface land prior to mining.
(f) Urbanized areas. Underground mining activities shall be suspended beneath urbanized areas, cities, towns and communities, and adjacent to or beneath industrial or commercial buildings, solid and hazardous waste disposal areas, major impoundments or perennial streams, if the activities present an imminent danger to the inhabitants of the urbanized areas, cities, town or communities.
(g) Prohibition. Underground mining activities are prohibited under an area which is not included within a subsidence control plan which has been submitted under § 89.141(d) and has been approved by the Department.]
§ 89.143a. Subsidence control: procedure for resolution of subsidence damage claims.
(a) The owner of a structure listed in § 89.142a(f)(1) (relating to subsidence control: performance standards) who believes that underground mining caused mine subsidence resulting in damage to the structure and who wishes to secure repair of the structure or compensation for the damage shall provide the operator responsible for the underground mining with notification of the damage to the structure.
(b) If the operator agrees that mine subsidence damaged the structure, the operator shall fully repair the damage or compensate the owner for the damage in accordance with either § 89.142a(f) or a voluntary agreement between the parties authorized by section 5.6 of The Bituminous Mine Subsidence and Land Conservation Act (52 P. L. § 1406.5f).
(c) If, within 6 months of the date that the building owner sent the operator notification of subsidence damage to the structure, the parties are unable to agree as to the cause of the damage or the reasonable cost of repair or compensation for the structure, the owner of the structure may within 2 years of the date damage to the structure occurred, file a claim in writing with the Department. The owner shall also send a copy of the claim to the operator.
(d) Upon receipt of the claim, the Department will conduct an investigation in accordance with the following procedure:
(1) Within 30 days of receipt of the claim, the Department will conduct an investigation to determine whether underground mining caused the subsidence damage to the structure.
(2) Within 60 days of completion of the investigation, the Department will determine, and set forth in writing, whether the damage is attributable to subsidence caused by the operator's underground mining and, if so, the reasonable cost of repairing or replacing the damaged structure.
(3) If the Department finds that the operator's underground mining caused the damage to the structure, the Department will issue a written order directing the operator to compensate the structure owner or repair the damaged structure within 6 months of the date of issuance of the order. The Department may allow more than 6 months if the Department finds that further damage may occur to the same structure as a result of additional subsidence.
§ 89.144. [Public notice] (Reserved).
[(a) The operator shall send a notice by certified mail, return receipt requested, to the owner of record of each property and each political subdivision overlying its mining activities. A notice shall be sent to the resident of each structure overlying the mining operation. The notice shall be sent at least 6 months, but not more than 5 years, prior to mining beneath that property or structure or within that political subdivision. The operator shall provide the Department with a copy of each notice and return receipt, or, if the certified mail is not accepted, a copy of the returned envelope documenting that the notice was not accepted or not deliverable.
(b) The notice shall include the following information:
(1) An identification of the area in which mining will take place.
(2) The approximate time frame, within the permit term, for the conduct of underground mining activities that may cause subsidence and affect specific structures.
(3) The location of the offices where the applications and maps submitted under §§ 89.141 and 89.142 (relating to application requirements; and maps) are available for inspection and a schedule of dates for the submission of the 6 month maps under § 89.142(b).
(4) The location of the offices of both the permittee and the Department where a surface owner can submit a written complaint alleging subsidence damage covered by section 6(a) of The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § 1406.6(a)) or § 89.145(a) (relating to surface owner protection).
(c) The operator shall establish and implement a procedure to notify Federal, State or local government agencies responsible for administering public facilities, such as roads, as to when the mining activity beneath or adjacent to the public facility will occur. The notification shall be 6 months prior to mining beneath the public facility or shall be timed to enable the agency to take appropriate measures to protect the facility and to prevent conditions which may endanger the health, safety or welfare of the public.]
§ 89.144a. Subsidence control: relief from responsibility.
(a) The operator will not be required to repair any structure or compensate any structure owner for damage to structures identified in § 89.142a(f)(1) if the operator demonstrates to the Department's satisfaction one or more of the following apply:
(1) The landowner denied the operator access to the property upon which the structure is located to conduct a premining survey or a postmining survey of the structure and surrounding property, and thereafter served notice upon the landowner by certified mail or personal service. The operator shall demonstrate the following:
(i) The notice identified the rights established by sections 5.4--5.6 of The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.5d--1406.5f).
(ii) The landowner denied the operator access to the site to conduct the survey within 10 days after the landowner's receipt of the notice.
(2) The operator's underground mining did not cause the damage.
(3) No written claim of subsidence damage was filed with the Department within 2 years of the date that damage to the structure occurred.
(4) The operator and the landowner entered into a voluntary agreement that satisfies the requirements of section 5.6 of The Bituminous Mine Subsidence and Land Conservation Act.
§ 89.145. [Surface owner protection] (Reserved).
[(a) The operator shall correct material damage resulting from subsidence caused to surface lands including perennial streams as protected under § 89.143(d) (relating to performance standards), to the extent technologically and economically feasible, by restoring the land to a condition capable of maintaining the value and reasonably foreseeable uses which it was capable of supporting before subsidence.
(b) Within 10 days of being advised of a claim of subsidence damage to a structure or surface feature, the operator shall provide the Department with a report of the claim which shall include the following information:
(1) The date of the claim.
(2) The name, address and telephone number of the owner of the structure, surface feature or surface land claimed to be damaged.
(3) The number assigned to the structure or feature under § 89.142(a)(6) (relating to maps).
(4) A mine map, scale 1 inch = 100 feet or 200 feet, showing the structure, feature or surface land and the extent of mining either beneath or adjacent to it.
(5) Other information pertinent to the investigation.]
§ 89.145a. Water supply replacement: performance standards.
(a) Water supply surveys.
(1) The operator shall conduct a premining survey and may conduct a postmining survey of the quantity and quality of all water supplies within the permit and adjacent area, except when the landowner denies the operator access to the site to conduct a survey and the operator has complied with the notice procedure in this section. Premining surveys shall be conducted prior to mining within 1,000 feet (304.80 meters) of a water supply unless otherwise authorized or required by the Department based on site specific conditions. Survey information shall include:
(i) The location and type of water supply.
(ii) The existing and reasonably foreseeable uses of the water supply.
(iii) The chemical and physical characteristics of the water, including, at a minimum, total dissolved solids or specific conductance corrected to 25° C, pH, total iron, total maganese, hardness, total coliform, acidity, alkalinity and sulfates. An operator who obtains water samples in a premining or postmining survey shall utilize a certified laboratory to analyze the samples.
(iv) The quantity of the water.
(v) The physical description of the water supply, including the depth and diameter of the well, length of casing and description of the treatment and distribution systems.
(vi) Hydrogeologic data such as the static water level and yield determination.
(vii) The operator shall submit copies of the results of the analyses, as well as the results of any quantitative analysis, to the Department and to the landowner within 30 days of their receipt by the operator.
(2) If the operator cannot make a premining or postmining survey because the owner will not allow access to the site, the operator shall submit evidence to the Department that the operator notified the landowner by certified mail or personal service of the following:
(i) The landowner's rights as set forth in sections 5.1--5.3 of The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.5a-- 1406.5c), and the effect on the landowner of the landowner's denial to the operator of access to the site as described in section 5.2(d) of The Bituminous Mine Subsidence and Land Conservation Act.
(ii) A description of the operator's attempt to conduct a survey and a statement that the landowner failed to authorize access to the operator to conduct a survey within 10 days of receipt of the operator's notice of intent to conduct a survey.
(b) Restoration or replacement of water supplies. An operator who, as a result of underground mining, affects a public or private water supply by contamination, diminution or interruption shall restore or replace the affected water supply with a permanent alternate source which adequately serves the premining uses of the water supply or any reasonably foreseeable uses of the water supply. The operator shall be relieved of any responsibility under The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21) to restore or replace a water supply if the operator demonstrates that one of the provisions of § 89.152 (relating to water supply replacement: relief from responsibility) relieves the operator of further responsibility.
(c) Notification of receipt of claim. Within 24 hours of an operator's receipt of a claim of water supply contamination, diminution or interruption, the operator shall notify the Department of the claim.
(d) Investigation and reporting of water supply damage complaints. Upon receipt of notification that a water supply has been contaminated, diminished or interrupted and that the operator's underground mining may have caused the contamination, diminution or interruption, the operator shall diligently investigate the complaint and notify the Department in a timely manner of the results of the operator's investigation.
(e) Temporary water supplies.
(1) If the affected water supply is within the rebuttable presumption area and the rebuttable presumption applies and the landowner or water user is without a readily available alternate source, the operator shall provide a temporary water supply within 24 hours of being contacted by the landowner or water supply user or the Department, whichever occurs first.
(2) The temporary water supply provided under this subsection shall meet the requirements of subsection (f)(2) and provide a sufficient amount of water to meet the water supply user's premining needs.
(f) Adequacy of permanently restored or replaced water supply. A permanently restored or replaced water supply shall include any well, spring, municipal water supply system or other supply approved by the Department, which meets the criteria for adequacy as follows:
(1) Reliability, cost, maintenance and control. A restored or replaced water supply, at a minimum, shall:
(i) Be as reliable as the previous water supply.
(ii) Be as permanent as the previous water supply.
(iii) Not require excessive maintenance.
(iv) Provide the owner and the user with as much control and accessibility as exercised over the previous water supply.
(v) Not result in more than a de minimis cost increase to operate and maintain. If the operating and maintenance costs of the restored or replacement water supply are more than a de minimis cost increase, the operator shall provide for the permanent payment of the increased operating and maintenance costs of the restored or replacement water supply.
(2) Quality. A restored or replaced water supply will be deemed adequate when it differs in quality from the premining water supply, if it meets standards in the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 750.1--750.20), or is comparable to the premining water supply when that water supply did not meet these standards.
(3) Adequate quantity. A restored or replaced water supply will be deemed adequate in quantity if it meets one of the following:
(i) It delivers the amount of water necessary to satisfy the water user's needs and the demands of any reasonably foreseeable uses.
(ii) It is established through a connection to a public water supply system.
(4) Water source servicability. A replacement of a water supply shall include the installation of any piping, pumping equipment and treatment equipment necessary to put the replacement water source into service.
§ 89.146. [Payment of damages] (Reserved).
[Settlement of claims filed under section 6(a) of The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § 1406.6(a)), shall be made within 6 months of the filing of the claim. The operator may postpone the time for satisfying the claim by depositing with the Department an amount as determined by the Department equal to the reasonable cost of remedying the damage. The deposit shall be held in escrow until the operator submits evidence that the claim has been settled. Failure to satisfy claims under § 89.145(a) (relating to surface owner protection) or section 6(a) of The Bituminous Mine Subsidence and Land Conservation Act requires the Department to suspend or revoke the operator's mining permit.]
§ 89.146a. Water supply replacement: procedure for resolution of water supply damage claims.
(a) Whenever a landowner or water supply user experiences contamination, diminution or interruption of a water supply which is believed to have occurred as a result of underground mining, the landowner or water user shall notify the operator. The operator shall diligently investigate the water loss.
(b) The Department will order the operator to provide temporary water to the landowner or water supply user within 24 hours of issuance of the order if the following apply:
(1) No alternate temporary water supply is available to the landowner or water user.
(2) The water supply is contaminated, diminished or interrupted.
(3) The water supply is located within the rebuttable presumption area.
(4) The landowner notified the operator of the water supply problem.
(c) If the affected water supply has not been restored or an alternate water supply has not been provided by the operator or if an operator provides and later discontinues an alternate source, the landowner or water supply user may so notify the Department and request that the Department conduct an investigation in accordance with the following procedure:
(1) Within 10 days of notification, the Department will commence an investigation of any landowner or water supply user claim.
(2) Within 45 days of notification, the Department will make a determination of whether the contamination, diminution or interruption was caused by the operator's underground mining and will notify the affected parties of the Department's determination.
(3) If the Department determines that the operator's underground mining caused the water supply to be contaminated, diminished or interrupted, the Department will issue orders that are necessary to assure compliance with The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21) and this chapter.
§ 89.152. Water supply replacement: relief from responsibility.
The operator will not be required to restore or replace a water supply if the operator can demonstrate one of the following:
(1) The contamination, diminution or interruption existed prior to the underground mining as determined by a premining survey, and the operator's underground mining operation did not worsen the preexisting contamination, diminution or interruption.
(2) The contamination, diminution or interruption is due to underground mining which occurred more than 3 years prior to the onset of water supply contamination, diminution or interruption.
(3) The contamination, diminution or interruption occurred as the result of some cause other than the underground mining.
(4) The claim for contamination, diminution or interruption of the water supply was made more than 2 years after the water supply was adversely affected by the underground mining.
(5) That the operator has done one of the following:
(i) Has purchased the property for a sum equal to the property's fair market value immediately prior to the time the water supply was affected or has made a one-time payment equal to the difference between the property's fair market value determined immediately prior to the time the water supply was affected and the fair market value determined at the time payment is made.
(ii) The landowner and operator have entered into a valid voluntary agreement under section 5.3 of The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § 1406.5c) which does not require restoration or replacement of the water supply or authorizes a lesser amount of compensation to the landowner than provided by section 5.3(a)(5) of The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § 1401.5c(a)(5)).
§ 89.153. Water supply replacement: rebuttable presumption.
(a) Rebuttable presumption. In any determination or proceeding under section 5.2 of The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § 1406.5b), it is presumed that the operator is responsible for the contamination, diminution or interruption of a water supply that is within the rebuttable presumption area.
(b) Rebutting the presumption. The operator may successfully rebut the presumption by affirmatively proving that the landowner denied the operator access to the property on which the water supply is located to conduct a premining survey and a postmining survey of the quality and quantity of the water supply and that the operator complied with the notification procedure in § 89.145a(a)(2) (relating to water supply replacement: performance standards).
§ 89.154. Maps.
(a) General mine map. The application shall include maps prepared under the supervision of and certified by a qualified registered professional engineer or qualified registered professional land surveyor drawn to a scale of 1 inch = 500 feet in a manner satisfactory to the Department, updated as requested by the Department, showing the items identified in this subsection. The map shall cover all areas where structures may be damaged and surface lands may suffer material damage as a result of mine subsidence. At a minimum, the map shall cover the entire area above the mine, and all area within a 30° angle of draw of the limits of the mine. The requirements of paragraphs (2)--(7) may be satisfied by referencing the maps required by Subchapter B (relating to operations). The map, at a minimum, shall show the following:
(1) The boundaries of areas proposed to be affected over the estimated total life of the underground mining activity, with a description of the size, sequence and the schedule for mining subareas of the mine.
(2) The location of test borings and core samplings, and surface and coal elevations at these locations.
(3) Coal crop lines and the contours of the coal seam to be mined within the permit and adjacent areas.
(4) The location and extent of known workings of active, inactive or abandoned, underground or surface mines, including identification of the coal seams mined and location of mine openings to the surface within, above and below the proposed permit and adjacent areas.
(5) The portrayal of major aquifers on cross-sections.
(6) The area covered by the subsidence control plan submitted under § 89.141(d) (relating to subsidence control: application requirements) with the following information identified:
(i) The boundaries of lands and names of current surface and subsurface owners of record.
(ii) Dwellings, public buildings and facilities, churches, schools, hospitals and impoundments with a storage capacity of 20 acre-feet (2.47 hectare-meters), identified by numerical reference.
(iii) Structures or classes of structures listed in § 89.142a(f)(1)(i)--(iv) (relating to subsidence control: performance standards), identified by numerical reference.
(iv) Urbanized areas, cities, towns, communities and industrial or commercial buildings.
(v) Public parks and historic structures.
(vi) Other structures which are entitled to support, identified by numerical reference.
(vii) Water supplies.
(viii) Major electric transmission lines and pipelines, including identification by name or numerical reference.
(ix) Public roads and railroads.
(x) Surface water bodies, including perennial streams, lakes, ponds, dams and impoundments with a volume of 20 acre-feet (2.47 hectare meters) or more, indicating by numerical reference those perennial streams and other bodies of water which are a significant source for a public water supply.
(xi) Coal refuse disposal areas, solid and hazardous waste disposal areas, and other air and water pollution control facilities, all identified by numerical reference.
(xii) Gas, oil and water wells, identified by numerical reference.
(xiii) Surface sites and facilities associated with the underground permit application.
(xiv) Aquifers which serve as a significant source for a public water supply system, identified by numerical reference.
(xv) Political subdivisions.
(xvi) Landslide prone areas.
(xvii) Proposed underground workings including a description of the location and extent of the areas in which planned subsidence mining methods will be used and the identification of all areas where the measures described in § 89.141(d)(3), (5) and (7) will be taken to prevent or minimize subsidence and subsidence-related damage; and when applicable, to repair subsidence-related damage.
(7) Areas over the proposed mine where the overburden is 100 feet (30.48 meters) or less.
(b) Six-month maps. The operator shall submit mine maps to the Department every 6 months. The maps shall:
(1) Be drawn to a scale of 1 inch = 100 feet or 1 inch = 200 feet.
(2) Be prepared under the supervision of and certified by a qualified registered professional engineer or qualified registered professional land surveyor.
(3) Show the area in which mining is projected to occur in the next 6 months.
(4) Show the area where underground mining occurred over the last 6 months, including pillar locations, and the areas abandoned or completed within the last 6 months.
(5) Provide the following information:
(i) The location and identifying number for structures and surface features required to be identified by number in subsection (a)(6)(i)--(xiv).
(ii) The location and identifying number of structures and surface features required to be identified by number in subsection (a)(6)(i)--(xiv), which have appeared since the permit application.
(iii) The location of surface boundaries and identification of surface owners of record and the owner of record of the coal seam being mined.
(vi) The boundaries of the projected mining area and within that area designate coal areas to be mined and coal areas to be left unmined, including: a description of the areas to be supported by the pillar plan required by § 89.142a(c)(2), coal left in place in compliance with other statutes including those listed in § 89.141(d)(11) (relating to subsidence control: application requirements) and identification of other areas of planned and controlled subsidence.
(v) Existing mine workings adjacent to the area to be mined in the next 6 months, including a designation of any survey stations, elevations of the bottom of the coal seam and areas of geologic faults.
(vi) Other information as requested by the Department.
(c) Map to be filed with recorder of deeds. After the Department has determined that the 6-month map is in accordance with the subsidence control plan, the operator shall file a copy of the map with the recorder of deeds for each county in which underground mining is projected, and submit to the Department proof of this filing.
(d) Restriction of activity. No underground mining may occur until it is shown as projected underground mining on the maps required by this subsection and the maps have been on file with the Recorder of Deeds' office for 10 days.
§ 89.155. Public notice.
(a) The operator shall send a notice by certified mail, return receipt requested, to the owner of record of each property and each political subdivision overlying its underground mining. A notice shall be sent to the resident and owner of each structure overlying the mining operation. The notice shall be sent at least 6 months, but not more than 5 years, prior to mining beneath that property or structure or within that political subdivision. The operator shall provide the Department with a copy of each notice and return receipt, or, if the certified mail is not accepted, a copy of the returned envelope documenting that the notice was not accepted or not deliverable.
(b) The notice shall identify:
(1) The area in which underground mining will take place.
(2) The approximate time frame, within the permit term, when the underground mining that may cause subsidence and affect specific structures is expected to occur.
(3) The location of the offices where the applications and maps submitted under this chapter are available for inspection and a schedule of dates for the submission of the 6-month maps under § 89.154(b) (relating to maps).
(4) The location of the offices of both the operator and the Department where a surface owner can submit written complaints alleging subsidence damage or water supply contamination, diminution or interruption.
(c) The operator shall establish and implement a procedure to notify Federal, State or local government agencies responsible for administering public facilities, such as roads, when the underground mining beneath or adjacent to the public facility will occur. The notification shall be given 6 months prior to underground mining beneath the public facility or shall be timed to enable the agency to take appropriate measures to protect the facility and to prevent conditions which may endanger the health, safety or welfare of the public.
[Pa.B. Doc. No. 97-754. Filed for public inspection May 9, 1997, 9:00 a.m.]
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