NOTICES
Revisions to General Permit for Bluestone (5 Acres or Less) Mining; General Permit BMR-GP-105
[44 Pa.B. 7137]
[Saturday, November 8, 2014]The Department of Environmental Protection (Department) is publishing as final the General Permit for Bluestone (5 acres or less) Mining; Bureau of Mining Programs General Permit 105 (BMP-GP-105) in accordance with section 26(b) of the Noncoal Surface Mining Conservation and Reclamation Act (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.
In addition to minor clarifying revisions in the modified General Permit, this General Permit, as finalized, has been modified in the following significant ways:
• Condition 12(C), regarding National Pollutant Discharge Elimination System (NPDES) permit requirements, of the General Permit clarifies the requirement to obtain a separate individual NPDES permit or GP-104 for sites that disturb more than 1 acre in accordance with 25 Pa. Code § 102.5 (relating to permit requirements).
• Condition 17(E), regarding the extraction of bluestone, of the amended GP-105 would require bluestone to be the principle material extracted with activity to begin within 1 year of activation of the permit. Material used to produce aggregate would be limited to excess overburden material incidental to the extraction of bluestone and that which is not needed to complete the reclamation authorized under the general permit.
• Condition 19(A), regarding applicability, of the amended GP-105 would state bluestone includes fine-grained sandstone which is mined by splitting, cutting or blasting for the production of dimension stone. Mining and processing of previously placed overburden, downcast bluestone material and excess overburden incidental to the extraction of bluestone for aggregate is allowed.
The Department solicited public comment on the proposed revisions to BMP-GP-105 from August 3, 2013, through September 3, 2013. One comment was received and was addressed in a comment and response document.
The final permit will be effective on December 7, 2014. It is available by contacting the Department of Environmental Protection, Bureau of Mining Programs, Rachel Carson State Office Building, P. O. Box 8461, 5th Floor, Harrisburg, PA 17105-8461, (717) 787-5103. The final BMP-GP-105 permit and associated documents are also available on the Department's eLibrary web site at www.elibrary.dep.state.pa.us (select ''Permit and Authorization Packages,'' select ''Mining,'' select ''General Permits,'' select ''BMP-GP-105 Bluestone General Permit''). Questions about BMP-GP-105 should be directed to Chris Yeakle, Bureau of Mining Programs at (814) 797-1191 or cyeakle@pa.gov.
Department of Environmental Protection
Bureau of Mining and Reclamation
General Permit for Bluestone
(5 acres (2.02 hectares) or less) Mining
BMP-GP-1051. Authorization—The Department of Environmental Protection hereby authorizes, by general permit, subject to the terms, conditions, and criteria set forth below, the extraction of noncoal minerals (bluestone) from a site. The total mining area to be affected by the bluestone extraction activities cannot exceed 5 acres (2.02 hectares). The area of noncoal extraction activities includes the pit and overburden storage areas. Total authorized area for extraction and support activities will not exceed 10 acres (4.05 hectares). Blasting activities may be authorized by providing a blast plan on the Department's ''Blasting Plan for Small Noncoal (Industrial Mineral) Operations'' form (5600-FM-BMP0086).
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 (''act'') and 25 Pa. Code Chapter 77 applies.
3. Effective Time Period—The authorization to use this general permit for the extraction of bluestone minerals from a site shall expire ten years after the registration/application has been approved. The time period may be extended upon approval of a written request to the Department.
4. Fees—There is a fee of $550.00 required for obtaining authorization under this general permit. The fee must be submitted at the time of registration/application submission.
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/application form and fee along with the required documentation to the appropriate District Mining Office. The operator must receive written notification concerning the approval prior to initiating operations under this permit. The District Mining Office may request additional information or bond 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 certified mail the municipality in which the activities are located that they intend to register the site under this general permit. The Department will notify the municipality of its decision to approve or disapprove the registration/application. If blasting is to be conducted, then the public notice requirements of 25 Pa. Code § 77.563 must be met.
7. Highwall Height—The maximum highwall allowed under this general permit is 100 feet (30.5 meters).
8. Downcast Material—Overburden material may not be cast down slope. The Department may authorize an exemption, in writing, for a specific volume of material to be cast down slope, to be limited to the volume needed for initial development of the pit and support area. The exemption must be authorized prior to any down slope casting.
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 subcontractor miner will be approved if they have demonstrated compliance with 25 Pa. Code § 77.126 (6)—(8) (relating to criteria for permit approval or denial). The subcontractor is jointly and severally liable with the permittee for any violations of the act that the permittee is charged with and in which the subcontractor 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 general permit, may result in an enforcement action, including but not limited to termination, suspension, revocation and reissuance, or modification of the authorization to operate under this permit. Nothing in this general 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 pursuant to which this general permit is issued or any other applicable provisions of law. Where 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 bond must be submitted to the Department and approved prior to the approval to conduct mining activities under this general permit. The Department reserves the right to review bonding periodically.
The Department utilizes the following rates for bonding authorized under this general permit:
$1,500 per acre (0.4 hectare) for support area
$3,000 per acre (0.4 hectare) for mining up to 35 feet (30.7 meters) highwall
$4,000 per acre (0.4 hectare) for mining from 35 feet (30.7 meters) to 65 feet (19.8 meters) highwall
$5,000 per acre (0.4 hectare) for mining over 65 feet (19.8 meters) highwall
$2,500 for mobilization/demobilization
Note: Site specific conditions may require some deviation from these guidelines.
12. Erosion and Sedimentation Controls
(A) 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 below are to be used, a site-specific erosion and sedimentation control plan must be submitted with the registration application.
(B) 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 per 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 shall be conducted in such a manner so that all surface water runoff is contained within the pit. The pit floor shall be sloped away from the highwall to the pit sump.
(C) 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 shall be sized to provide 7,000 cubic feet of storage per acre (489.46 cubic meters/hectare) of contributory drainage area. A separate individual NPDES permit or GP-104 is required for sites that disturb more than one (1) acre.
13. Support Activities—Support activities (such as: haul roads, erosion and sedimentation controls, product storage areas, and processing facilities) conducted in conjunction with the bluestone extraction shall be included in the permit area and bonded, but do not count against the 5 acre (2.02 hectares) mining limit. Total authorized area for extraction and support activities will not exceed 10 acres (4.05 hectares).
14. Reclamation—In general, the requirements of 25 Pa. Code § 77.595 (relating to concurrent reclamation) are applicable to operations authorized by this general permit. If the applicant intends to use the reclamation plan described below 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 20 degrees and the site will have positive drainage and will not pond water. Steeper reclamation slopes may be approved on a site-specific basis. Approval will be based on a demonstration that the reclamation slope is suitable with the post-mining land use and blends with surrounding topography. No excavation of material can occur within 25 feet (7.26 meters) of the property line unless approved by the Department. If available, a minimum of 12 inches (30.5 centimeters) of subsoil and topsoil from the site shall be saved and redistributed evenly across the site as required under 25 Pa. Code §§ 77.512—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 2.5 tons/acre (6.05 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 submitted to the Department. The affected landowner will have 30 days to notify the Department of any concerns regarding the reclamation.
Sites revegetated with grasses will be monitored for at least one 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).
16. Other Regulatory Requirements—No condition of this general permit shall release the permittee from any responsibility or requirement under other applicable Federal (e.g. MSHA) or Pennsylvania statutes or regulations or local ordinances. If wetlands are present, then authorization under Chapter 105 may be necessary. Additional federal permits may be required under Section 404 of the Clean Water Act.
17. Conditions for Operation Under the General Permit
(A) The permittee shall conduct all surface mining activities as described in the approved registration/application 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 registration/application and the supporting documentation and the terms and conditions of this general permit, the terms and conditions of this general permit shall supersede any conflicting provisions of the application and supporting documents or revisions to the application.
(B) As a condition of this general permit and of the permittee's authority to conduct the activities authorized by this general 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.
(C) 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.
(D) In order to qualify for authorization under this general permit, the applicant must hold a Large Noncoal Surface Mining License. In order to continue to operate under this general permit, the permittee shall maintain a Large Noncoal Surface Mining License.
(E) The extraction of bluestone must be the principle mineral produced. The extraction of bluestone shall begin within one-year of activation of the permit. Aggregate production is limited to excess overburden material incidental to the extraction of bluestone and not needed to complete the reclamation authorized under the general permit. Should onsite inspection confirm that the extraction of bluestone is not the primary purpose of the mining activities; the Department reserves the right to cease operations and rescind the eligibility under this general permit.
18. Site Identification—
The permittee must mark or flag the perimeters of the permitted area for the duration of the operation and must stay within the permit boundary. A weather resistant sign measuring at least 2 by 3 feet (.61 x .91 meters) with visible lettering shall be posted at the entrance of the site. The sign will include name and phone number of the permittee and permit number.
19. Applicability
(A) For the purposes of this general permit, bluestone includes fine-grained sandstone which is mined by splitting, cutting, or blasting for the production of dimensional stone. Mining and processing of previously placed overburden, downcast bluestone material and excess overburden incidental to the extraction of bluestone for aggregate is allowed.
(B) This general permit is applicable in the following counties: Bradford, Cameron, Centre, Lackawanna, Lycoming, McKean, Pike, Potter, Sullivan, Susquehanna, Tioga, Wayne, and Wyoming.
This general permit is not applicable in the Upper Delaware Scenic and Recreational River Corridor.
DANA K. AUNKST,
Acting Secretary
[Pa.B. Doc. No. 14-2324. Filed for public inspection November 7, 2014, 9:00 a.m.]
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