Subchapter G. INFORMATION ON ENVIRONMENTAL
RESOURCES
Sec.
77.401. Responsibilities.
77.402. General environmental resource information.
77.403. Description of hydrology and geology—general requirements.
77.404. Geology description.
77.405. Groundwater information.
77.406. Surface water information.
77.407. Alternative water supply information.
77.408. Vegetation information.
77.409. Land use information.
77.410. Maps, cross sections and related information.
Cross References This subchapter cited in 25 Pa. Code § 77.108 (relating to permit for small noncoal operations); and 25 Pa. Code § 77.803 (relating to nature of a general permit; substitution for individual applications and permits).
§ 77.401. Responsibilities.
A permit application shall contain a description of the existing premining resources within the proposed permit and adjacent area that may be affected by the proposed surface mining activities. The description shall include the information required in this subchapter. The Department may waive, wholly or in part, the requirements of this subchapter for any category of surface mining operation, if the Department determines that the requirement is not needed to evaluate impacts on public health and safety and the environment.
Source The provisions of this § 77.401 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619. Immediately preceding text appears at serial page (234463).
§ 77.402. General environmental resource information.
An application shall describe and identify the location and extent of the proposed surface mining activities for which a permit is being sought and an identification of the size and relative sequence of the proposed noncoal mining activities.
Source The provisions of this § 77.402 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.403. Description of hydrology and geology—general requirements.
(a) To the extent necessary for the Department to evaluate the impacts of the type of noncoal operation, an application shall contain a description, under this section and § § 77.404—77.407, of the geology, hydrology and water quality and quantity of surface waters and groundwaters within the general area, and water which will flow into or receive discharges of water from the general area. The information may be gathered from appropriate government agencies, if available.
(b) The use of modeling or other predictive techniques may be required by the Department as part of the permit application if the proposed mining activity has the potential to adversely impact water supplies, wetlands or waters of this Commonwealth and their affiliated uses.
Source The provisions of this § 77.403 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619. Immediately preceding text appears at serial page (234463).
§ 77.404. Geology description.
An application shall contain a description of the geology within the proposed permit and adjacent area down to and including the first aquifer system that may be affected below the lowest mineral extraction level, including the following:
(1) The stratigraphy and results of test borings or equivalent information from the proposed permit area identifying the location of subsurface water if encountered, lithologic and physical characteristics, and thickness of each stratum and the surface elevation of the drill holes.
(2) The structure within the proposed permit and its relation to the structure of the general area.
(3) A chemical analysis of the mineral and overburden with identification of horizons which contain potential acid-forming, toxic-forming or alkalinity producing material when deemed appropriate by the Department.
(4) Identification and status of other mining within or adjacent to the proposed permit area.
(5) Other analysis or information that the Department deems relevant for evaluation of the impact of the proposed activities on the hydrologic balance.
Source The provisions of this § 77.404 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.403 (relating to description of hydrology and geology—general requirements).
§ 77.405. Groundwater information.
(a) The application shall contain a description of the groundwater hydrology for the proposed permit and general area, including:
(1) The depths to groundwater in the area.
(2) The uses of the groundwater.
(3) The chemical characteristics of groundwaters in the area including a description of known groundwater quality problems.
(b) If requested by the Department, the application shall contain additional information which describes the storage and discharge characteristics of the groundwater for the permit and adjacent area and the quality and quantity of groundwater, according to the parameters and in the detail required by the Department.
Source The provisions of this § 77.405 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.403 (relating to description of hydrology and geology—general requirements).
§ 77.406. Surface water information.
(a) An application shall contain a description of the surface waters, including the name of the watershed which will receive water discharges, the location of surface water bodies, such as streams, lakes, ponds and springs, deep mine discharges and seeps, the location of a water discharge into a surface body of water and descriptions of surface drainage systems within the proposed permit and general area.
(b) Surface water information shall include the following:
(1) The surface elevations and rate of flow of springs, seeps and mine discharges located within areas that may be impacted by the proposed mining. For underground mines the information required by this section shall be provided for the area over the proposed mine.
(2) Minimum, maximum and average discharge conditions which identify critical low flow and peak discharge rates of streams when requested by the Department.
(3) Water quality data to identify the characteristics of surface waters in, discharging into, or which will receive flows from surface or groundwater from the proposed permit area, showing, if applicable:
(i) pH in standard units.
(ii) Other data the Department determines is relevant.
Source The provisions of this § 77.406 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.403 (relating to description of hydrology and geology—general requirements).
§ 77.407. Alternative water supply information.
The application shall identify the extent to which the proposed surface mining activities may result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent area for domestic, agricultural, industrial or other legitimate use. If contamination, diminution or interruption may result, the description shall identify the means to restore or replace the affected water supply under § 77.533 (relating to water rights and replacement).
Source The provisions of this § 77.407 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.403 (relating to description of hydrology and geology—general requirements).
§ 77.408. Vegetation information.
When the postmining land use requires, an application shall contain a description of the extent of cover, in percent groundcover, of the natural vegetation within the proposed permit area. When the postmining land use is wildlife habitat, the description shall include information adequate to establish the stocking standards of § 77.618(b)(2) (relating to standards for successful revegetation). When requested by the Department, the application shall contain a map or aerial photograph that delineates existing vegetation types and a description of the plant communities within the proposed permit and adjacent area.
Source The provisions of this § 77.408 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.409. Land use information.
An application shall contain a statement and map of the uses, condition, capability and productivity of the land within the proposed permit area, including:
(1) A map and supporting narrative of the uses of the land existing at the time of the filing of the application. Land use shall be in terms of specific land use or management activity. A statement of type of vegetation or cover is not adequate.
(2) A narrative of land capability and productivity, which analyzes the land-use description under paragraph (1) in conjunction with other environmental resources information required under this subchapter. The productivity of the proposed permit area before mining shall be expressed as average yield of food, fiber, forage or wood products from the lands. The productivity shall be determined by yield data or estimates for similar sites based on current data from the United States Department of Agriculture or the Department of Agriculture.
Source The provisions of this § 77.409 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.410. Maps, cross sections and related information.
(a) An application shall contain maps and plans of the proposed permit area and within 1,000 feet of the permit area, except as otherwise designated by the Department, showing the following:
(1) The boundaries and names of present owners of record of land, both surface and subsurface, the owners of record for adjacent surface areas and the boundaries of the land within the proposed permit area which the applicant has the legal right to enter and begin noncoal mining activities.
(2) The boundaries of the land to be affected.
(3) The location, names of the owners and present occupants and the current use of buildings on and within 1,000 feet of the perimeter of the proposed permit area.
(4) The location and names of public highways, railroads, utility lines and other surface and subsurface manmade features.
(5) The location and name of current public and private surface water supplies that have intakes on the receiving stream within 10 miles downstream of the proposed permit area, public water supplies on or within 1/2 mile of the affected area, and private water supplies on or within 1,000 feet of the proposed permit area.
(6) The location and elevation of monitoring stations, springs, wells and sinkholes.
(7) The distance limitations designated under § 77.504 (relating to distance limitations and areas designated as unsuitable for mining).
(8) The boundaries of a public park.
(9) A public or private cemetery located in or within 1,000 feet of the permit area.
(10) The drainage area above and below the proposed permit area and the location of surface water bodies, such as streams, wetlands, lakes, ponds, springs, constructed or natural drains and irrigation ditches within the permit and adjacent areas.
(11) The local government and county.
(12) The elevation and location of test borings and core samplings.
(13) The location and extent of existing or previously deep or surface mined areas.
(14) The location and areal extent of existing areas of spoil, waste, noncoal waste disposal, dams, embankments and other water treatment and air pollution control facilities within the proposed permit area.
(15) The location of gas and oil wells within the proposed permit area.
(16) If applicable, coal crop lines, rider seams and strike and dip of the coal.
(17) Other information the Department deems relevant.
(b) Maps, plans and cross sections required by this section shall be on a scale satisfactory to the Department. The maps or plans and cross sections shall be prepared and certified by a registered professional engineer, or a registered professional land surveyor with assistance from experts in related fields.
Source The provisions of this § 77.410 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended August 18, 2023, effective August 19, 2023, 53 Pa.B. 5159. Immediately preceding text appears at serial pages (313465) to (313466).
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