§ 77.109. Noncoal exploration activities.
(a) A person who intends to conduct noncoal exploration outside an existing noncoal surface mining permit shall file with the Department a written notice of intention to explore for each exploration area at least 10 days prior to the start of exploration activities on forms provided by the Department. Except for drilling operations as provided for in § 77.113 (relating to permit waiver—noncoal exploration drilling), no noncoal exploration activity shall occur except as authorized by either of the following:
(1) A letter from the Department waiving the requirement for a permit.
(2) A permit issued in accordance with the act and this chapter.
(b) The notice shall include:
(1) The name, address and telephone number of the person seeking to explore.
(1.1) The name, address and telephone number of the representative who will be present at and responsible for conducting the exploration activities.
(2) A map, at a scale of 1:24,000, of the exploration area showing the extent of the exploration area and approximate locations of drill holes, exploratory pits, trenches, and excavations.
(3) A statement of the period of intended exploration.
(4) The method of exploration and types of equipment to be used.
(5) The purpose of testing.
(6) The amount of mineral needed for testing that is to be removed.
(7) A description of the practices proposed to be followed to prevent adverse impacts to the environment as a result of the exploration activities.
(8) A blast plan if explosives are to be used.
(c) [Reserved].
(d) The Department will, except as otherwise provided in § 77.124 (relating to public availability of information in permit applications), place the notices on public file and make them available for public inspection and copying during regular office hours at the established fee.
(e) To remove material from an exploration area, a person conducting noncoal exploration shall, prior to beginning exploration, obtain a noncoal mining permit under this chapter or receive a waiver from the Department. A person who receives a waiver from the Department shall still comply with the performance requirements in subsections (f)—(k). The Department may waive the requirement for a noncoal mining permit if one of the following apply:
(1) The material removed from the site will be less than 20 tons.
(2) The person conducting noncoal exploration can, to the satisfaction of the Department, justify an amount greater than 20 tons, but which may not exceed 1,000 tons.
(e.1) In granting a waiver under subsection (e), the Department will consider:
(1) The method of exploration proposed.
(2) The potential for adversely affecting water supplies, wetlands or the existing uses or designated uses of streams.
(f) A person who conducts noncoal exploration activities will observe the distance limitations under § 77.504 (relating to distance limitations and areas designated unsuitable for mining).
(g) Exploration activities shall be conducted to accomplish the following:
(1) To minimize environmental impacts on roadways and vegetation.
(2) To provide erosion controls for excavated areas, including access roads, in accordance with Chapter 102 (relating to erosion and sediment control).
(3) To avoid disturbance of wetland areas.
(h) The areas affected by the noncoal exploration shall be graded to approximate original contour within 30 days after completion of exploration, and will contain no depressions which will impound water. Drill holes shall be sealed under § 77.503 (relating to casing and sealing of drilled holes). The affected areas shall be revegetated within the first planting season after completion of exploration.
(i) Noncoal exploration activities shall be subject to the applicable inspection and enforcement provisions of the Department, and Subchapters E and F (relating to civil penalties for noncoal mining activities; and enforcement and inspection).
(j) Information will be made available to the public as follows.
(1) Except as provided in paragraph (2), information submitted to the Department under this section will be made available for public inspection and copying at the appropriate district mining office.
(2) Information which pertains only to the analysis of the chemical and physical properties of the mineral (except information regarding the mineral or elemental content that is potentially toxic to the environment) will be kept confidential and will not be made a matter of public record.
(k) Blasting in connection with noncoal exploration activity must comply with the requirements of Chapters 210 and 211 (relating to blaster’s licenses; and storage, handling and use of explosives).
Source The provisions of this § 77.109 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619; amended August 18, 2023, effective August 19, 2023, 53 Pa.B. 5159. Immediately preceding text appears at serial pages (266191) to (266192).
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