Subchapter I. ENVIRONMENTAL PROTECTION
PERFORMANCE STANDARDS
GENERAL Sec.
77.501. Requirements.
77.502. Signs and markers.
77.503. Casing and sealing of drilled holes.
77.504. Distance limitations and areas designated as unsuitable for mining.
TOPSOIL
77.511. General requirements.
77.512. Removal.
77.513. Storage.
77.514. Redistribution.
77.515. Nutrients and soil amendments.
HYDROLOGIC BALANCE
77.521. General requirements.
77.522. Effluent standards.
77.523. Water obstructions and encroachments.
77.524. Diversions and conveyance.
77.525. Sediment control measures.
77.526. Treatment facilities.
77.527. Sedimentation controls.
77.528. Discharge structures.
77.529. Acid-forming and toxic-forming spoil.
77.530. Impoundments.
77.531. Dams, ponds, embankments and impoundments—design, construction and maintenance.
77.532. Surface water and groundwater monitoring.
77.533. Water rights and replacement.
77.534. Discharge of water into an underground mine.
77.535. Permanent postmining renovation of sedimentation ponds, diversions, impoundments and treatment facilities.
PROTECTION OF UNDERGROUND MINING
77.551. Restriction.
USE OF EXPLOSIVES
77.561. General requirements.
77.562. Preblasting surveys.
77.563. Public notice of blasting schedule.
77.564. Surface blasting requirements.
77.565. Records of blasting operations.
OPERATIONS
77.571. Bench development.
77.572. Permit line setback.
77.573. Stability analysis.
77.574. Disposal of solid wastes.
77.575. Air resources protection.
BACKFILLING AND GRADING
77.591. General.
77.592. Approximate original contour.
77.593. Alternatives to contouring.
77.594. Final slopes.
77.595. Concurrent reclamation.
77.596. Covering coal and acid-forming and toxic-forming materials.
REVEGETATION
77.611. General requirements.
77.612. Timing.
77.613. Introduced species.
77.614. Agriculture crops.
77.615. Species.
77.616. Seedbed preparation.
77.617. Mulching.
77.618. Standards for successful revegetation.
HAUL ROADS
77.631. General requirements.
77.632. Restoration.
77.633. Common use roads.
CESSATION AND COMPLETION OF MINING
77.651. Temporary cessation.
77.652. Permanent.
77.653. Postmining land use.
77.654. Cleanup.
77.655. Closing of underground mine openings.
Cross References This subchapter cited in 25 Pa. Code § 77.108 (relating to permit for small noncoal operations); 25 Pa. Code § 77.457 (relating to protection of hydrologic balance); and 25 Pa. Code § 78a.67 (relating to borrow pits).
GENERAL
§ 77.501. Requirements.
A person who conducts noncoal mining activities shall comply with the performance standards and design requirements of this subchapter.
Source The provisions of this § 77.501 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.502. Signs and markers.
(a) The operator shall identify the operation for the duration of the surface mining activities by posting and maintaining a sign which will be clearly visible at the junction of each haul road and the public highway. The sign shall be constructed of a durable, weather resistant material and shall be of a minimum size of 2 feet by 3 feet (60.96 centimeters by 91.44 centimeters) with a light background and contrasting letters and numbers of a minimum height of 1 1/2 inches (3.81 centimeters) that may be easily seen and read. The sign shall show the name of the operator conducting the surface mining activities, the telephone number of the operator and the identification number of the current permit authorizing noncoal mining activities. The sign shall be erected within 60 days after permit issuance.
(b) The operator shall erect perimeter markers where required by the Department.
(c) If blasting is conducted as part of the operation, the person who conducts the surface mining activities shall post and maintain signs and markers as required by § 77.564 (relating to surface blasting requirements).
Source The provisions of this § 77.502 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 (198740).
Cross References This section cited in 25 Pa. Code § 77.301 (relating to procedures for assessment of civil penalties).
§ 77.503. Casing and sealing of drilled holes.
(a) An exploration hole, other drill or borehole, well or other exposed underground opening—except for holes solely drilled and used for blasting—or other opening exposed during surface mining activities shall be cased, sealed or otherwise managed as approved by the Department if necessary to:
(1) Prevent acid or other toxic drainage from entering groundwaters or surface waters.
(2) Minimize disturbance to the prevailing hydrologic balance.
(3) Ensure the safety of people, property, livestock, fish and wildlife, and machinery in the permit and adjacent area.
(4) Prevent groundwater and surface water from entering underground mine workings.
(b) Use of a drilled hole, borehole or monitoring well as a water well shall meet § 77.532 (relating to surface water and groundwater monitoring).
(c) Gas and oil wells shall be sealed in accordance with the Oil and Gas Act (58 P.S. § § 601.101—601.605).
Source The provisions of this § 77.503 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 pages (198740) to (198741).
Cross References This section cited in 25 Pa. Code § 77.109 (relating to noncoal exploration activities); and 25 Pa. Code § 77.456 (relating to reclamation information).
§ 77.504. Distance limitations and areas designated as unsuitable for mining.
(a) Except as provided in subsection (b), a person may not conduct noncoal surface mining activities, other than borrow pits for highway construction purposes, as follows:
(1) Within 100 feet (30.48 meters) of the outside line of right-of-way of a public highway.
(2) Within 300 feet (91.44 meters) of an occupied dwelling house or commercial or industrial building, unless released by the owner thereof.
(3) Within 300 feet (91.44 meters) of a public building, school, community or institutional building.
(4) Within 300 feet (91.44 meters) of a public park.
(5) Within 100 feet (30.48 meters) of a cemetery.
(6) Within 100 feet (30.48 meters) of the bank of a perennial or intermittent stream.
(b) The Department may allow operators to operate within the distance limitations of subsection (a) if the operator demonstrates:
(1) Expansion of pits. For opening or expansion of pits, that special circumstances warrant operations within the distance limitations, that the environment and the interests of the public and landowners affected thereby will be adequately protected and that there are no feasible or prudent alternatives to opening the pit within the distance limitations. Prior to allowing operations within the distance limitations, the operator shall give public notice of the application in two newspapers of general circulation in the area, once a week for 2 successive weeks, and shall give notice by mail to the municipality in which the operation is located. If a person files an objection with the Department and requests a public hearing or informal conference in writing within 20 days of the last publication thereof, the Department will conduct a public hearing or informal conference.
(2) Support areas. For parts of surface mining activities other than opening or expansion of pits, that special circumstances warrant activities within the distance limitations, that the public health and safety will not be endangered, that the environment and the interests of the public and the landowners affected thereby will be adequately protected and that there are no feasible or prudent alternatives to conducting those aspects of the activity within the distance limitations.
(c) A solid barrier of undisturbed material, 125 feet (38.1 meters) in radius shall be maintained around oil and gas wells unless one of the following apply:
(1) The well is sealed under the Oil and Gas Act (58 P.S. § § 601.101—601.605) and regulations thereunder.
(2) The Department approves, in writing, a lesser distance if the following apply:
(i) Access to the well is provided at all times.
(ii) The integrity of the well is maintained.
(iii) The well operator agrees in writing to the lesser distance.
(d) Areas to be affected within the 100-feet (30.48 meters) stream barrier shall meet the requirements of § 77.523 (relating to water obstructions and encroachments) in addition to subsection (b).
(e) When the surface mining activities would be conducted within 300 feet (91.44 meters) measured horizontally of an occupied dwelling or commercial or industrial building, the applicant shall submit with the application a written waiver from the owner of the dwelling or building, consenting to the activities within a closer distance of the dwelling or building as specified in the waiver. The waiver shall be:
(1) Knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.
(2) Effective against subsequent purchasers of the dwelling or building who had actual or constructive knowledge of the existing waiver at the time of purchase. A subsequent purchaser shall be deemed to have constructive knowledge if the waiver was recorded at the office of the recorder of deeds in the county in which the dwelling or building is located or if the surface mining activities have proceeded to within the 300 foot (91.44 meters) limit prior to the date of purchase.
(f) The following areas are designated as unsuitable for all or certain types of noncoal surface mining activities:
(1) The 203-acre tract of land located within Pequea Township, Lancaster County, as described on Lancaster County Tax Assessment Map 15K-8 as lot 7 and recorded in the Lancaster County Office for Recording of Deeds, Deed Book O-80, pages 437-438, except for the subdivision recorded in Subdivision Plan Book J-129, page 49. This tract is unsuitable for all types of surface mining activities.
(2) The land area encompassed by the perimeter of an area extending 50 feet from the known horizontal extent of two cavern areas located in Haines Township, Centre County, described as follows: The rectangular tract of lands beginning at a point 170 feet due East of the centerline of the entrance to Stover Cave No. 1; thence North 21 degrees West 190 feet to a point; thence South 69 degrees West 440 feet to a point; thence South 21 degrees East 190 feet to a point; thence North 69 degrees East 40 feet to the place of beginning. Containing 2 acres. Said tract of land is located on a tract of land owned by Raymond Decker described in Deed Book 476, page 1099, and a tract of land owned by Eli Hostetler, described in Deed Book 560, page 1068. This tract is unsuitable for all types of noncoal surface mining activities.
Authority The provisions of this § 77.504 amended under sections 5 and 315(i)(2) and (j)—(n) of The Clean Streams Law (35 P.S. § § 691.5 and 691.315(i)(2) and (j)—(n)); and sections 1920-A and 1930-A of The Administrative Code of 1929 (71 P.S. § § 510-20 and 510-30).
Source The provisions of this § 77.504 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended September 30, 1994, effective October 1, 1994, 24 Pa.B. 4887; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619. Immediately preceding text appears at serial pages (198741) to (198743).
Cross References This section cited in 25 Pa. Code § 77.102 (relating to compliance with existing permits); 25 Pa. Code § 77.108 (relating to permit for small noncoal operations); 25 Pa. Code § 77.109 (relating to noncoal exploration activities); 25 Pa. Code § 77.113 (relating to permit waiver—noncoal exploration drilling); 25 Pa. Code § 77.121 (relating to public notices of filing of permit applications); 25 Pa. Code § 77.123 (relating to public hearings—informal conferences); 25 Pa. Code § 77.126 (relating to criteria for permit approval or denial); 25 Pa. Code § 77.410 (relating to maps, cross sections and related information); 25 Pa. Code § 77.465 (relating to public highways); and 25 Pa. Code § 77.631 (relating to general requirements).
TOPSOIL
§ 77.511. General requirements.
Topsoil and, if necessary, suitable subsoil shall be separately removed, segregated and conserved as necessary for reclamation. Topsoil in excess of that needed for reclamation, as demonstrated by the applicant, may be removed from the site.
Source The provisions of this § 77.511 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.456 (relating to reclamation information); and 25 Pa. Code § 77.513 (relating to storage).
§ 77.512. Removal.
(a) Topsoil shall be removed from the areas to be disturbed, including the haul road area in a separate layer prior to drilling—except exploratory drilling—blasting, mining or other surface disturbance.
(b) On areas that have been previously affected by mining and which have no available topsoil or subsoil, sufficient material best suited to support vegetation shall be segregated, conserved and redistributed as the final surface layer.
(c) If topsoil is less than 12 inches, a 12-inch layer which includes the topsoil and the unconsolidated materials immediately below the topsoil shall be removed, segregated, conserved and replaced as the final surface soil layer. If the topsoil and the unconsolidated material measure less than 12 inches, the topsoil and unconsolidated material shall be removed, segregated, conserved and replaced as the final surface soil layer.
(d) The B horizon and portions of the C horizon, or other underlying layers demonstrated to have qualities for comparable root development, shall be segregated and replaced as subsoil if either of these is necessary to ensure soil productivity consistent with the approved postmining land use.
Source The provisions of this § 77.512 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.456 (relating to reclamation information); and 25 Pa. Code § 77.513 (relating to storage).
§ 77.513. Storage.
(a) Topsoil and other materials removed under § § 77.511 and 77.512 (relating to general requirements; and removal) shall be stockpiled and selectively placed on a stable area within the permit area and located where the material, unless approved by the Department, will not be moved or otherwise disturbed by the mining activities until required for redistribution on the regraded area.
(b) Stockpiled material shall be protected from wind and water erosion, unnecessary compaction and contaminants which lessen the capability of the materials to support vegetation when redistributed. Protective measures shall be accomplished by one of the following methods:
(1) An effective cover of nonnoxious, quick-growing annual and perennial plants seeded or planted as soon as weather and planting conditions permit.
(2) Other methods demonstrated to, and approved by, the Department to provide equal protection.
Source The provisions of this § 77.513 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.456 (relating to reclamation information).
§ 77.514. Redistribution.
(a) Prior to redistribution of topsoil or other material, the regraded land shall be scarified or otherwise treated to eliminate slippage surfaces and to promote root penetration.
(b) Topsoil and other materials shall be redistributed in a manner that:
(1) Achieves an approximate uniform, stable thickness consistent with the approved postmining land uses, contours and surface water drainage system.
(2) Prevents excess compaction of the topsoil and other materials.
(3) Protects the topsoil and other materials from wind and water erosion.
Source The provisions of this § 77.514 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.456 (relating to reclamation information).
§ 77.515. Nutrients and soil amendments.
(a) Nutrients and soil amendments in the amounts determined by soil tests shall be applied to the surface soil layer so that it supports the approved postmining land use and meets the revegetation requirements of § § 77.611—77.618 (relating to revegetation).
(b) Soil tests shall be performed using standard methods approved by the Department. Results of a soil test shall be submitted to the Department.
(c) Agricultural or granular limestone used for neutralizing soil acidity shall be of sufficient fineness so that a minimum of 95% will pass through a 20 mesh sieve and shall contain sufficient calcium and magnesium to be equivalent to at least 89% calcium carbonate. An alternative material of equivalent neutralizing effect may be employed.
Source The provisions of this § 77.515 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.456 (relating to reclamation information).
HYDROLOGIC BALANCE
§ 77.521. General requirements.
(a) Noncoal mining activities shall be planned and conducted to minimize disturbances to the prevailing hydrologic balance in the permit and adjacent areas.
(b) Changes in water quality and quantity, the depth to groundwater and the location of surface water drainage channels shall be minimized so that the approved postmining land use of the permit area is not adversely affected.
(c) The operator shall conduct the noncoal mining activities to prevent water pollution and, if necessary, operate and maintain the necessary water treatment facilities until applicable treatment requirements and effluent limitations established under § 77.522 (relating to effluent standards) are achieved and maintained.
Source The provisions of this § 77.521 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.522. Effluent standards.
(a) At a minimum, the discharge of water from areas disturbed by noncoal mining activities shall comply with the following limitations:
(1) pH 6—9.
(2) Other parameters the Department may require.
(b) In addition to subsection (a), the discharge of water from areas disturbed by mining activities shall comply with this title.
Source The provisions of this § 77.522 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.457 (relating to protection of hydrologic balance); 25 Pa. Code § 77.521 (relating to general requirements); 25 Pa. Code § 77.526 (relating to treatment facilities); 25 Pa. Code § 77.529 (relating to acid-forming and toxic-forming spoil); and 25 Pa. Code § 77.530 (relating to impoundments).
§ 77.523. Water obstructions and encroachments.
A water obstruction or encroachment shall meet the requirements of Chapter 105 (relating to dam safety and waterway management).
Source The provisions of this § 77.523 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.459 (relating to stream diversions, water obstructions and encroachments); and 25 Pa. Code § 77.504 (relating to distance limitations and areas designated as unsuitable for mining).
§ 77.524. Diversions and conveyance.
(a) Overland flow, shallow groundwater flow from undisturbed areas and flow in ephemeral streams shall be diverted away from disturbed areas by means of temporary or permanent diversions to prevent water from draining into the operation, to minimize erosion, to reduce the volume of water to be treated and to prevent or remove from contact with acid-forming or toxic-forming materials.
(b) Diversions shall be designed, constructed and maintained using current engineering practices to pass safely the peak runoff from a precipitation event with a 2-year recurrence interval for temporary diversions and 10-year recurrence interval for permanent diversion. If necessary to protect public health and safety or prevent pollution, a larger event shall be used.
(c) A diversion may not be located in a way that increases the potential for landslides or other offsite damage.
(d) When no longer needed, the diversion shall be regraded to blend with the natural contours and drainage pattern, and revegetated under § 77.611 (relating to general requirements).
Source The provisions of this § 77.524 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.460 (relating to diversions).
§ 77.525. Sediment control measures.
Appropriate sediment control measures shall be designed, constructed and maintained under Chapter 102 (relating to erosion and sediment control).
Source The provisions of this § 77.525 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.458 (relating to erosion and sedimentation control plan); and 25 Pa. Code § 77.631 (relating to general requirements).
§ 77.526. Treatment facilities.
(a) At a minimum, facilities and measures for treating discharges from disturbed areas shall be designed, constructed and maintained to treat the runoff from a 10-year, 24-hour precipitation event and groundwater contribution. Treatment facilities for process water shall be adequate to treat the total volume of process water plus additional water contribution to the system. Facilities and measures for treating discharges shall be based on good engineering design.
(b) The design, construction and maintenance of a treatment facility does not relieve an operator of the responsibility to comply with effluent standards as provided for in § 77.522 (relating to effluent standards).
Source The provisions of this § 77.526 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.527. Sedimentation controls.
(a) Surface drainage from the disturbed area, including areas which have been graded, seeded or planted, shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area. The Department may waive the required use of sedimentation ponds when the person who conducts surface mining activities demonstrates to the satisfaction of the Department that alternate sediment control facilities will prevent accelerated erosion and sedimentation under Chapter 102 (relating to erosion and sediment control).
(b) Sedimentation ponds shall be constructed under this section and § 77.531 (relating to dams, ponds, embankments and impoundments—design, construction and maintenance), in appropriate locations before a disturbance of the area to be drained into the pond. Sedimentation ponds may not be located in a perennial stream. The Department will not authorize the location or placement of a sedimentation pond in an intermittent stream unless the requirements of Chapters 93, 102 and 105 (relating to water quality standards; erosion and sediment control; and dam safety and waterway management) and § 77.522 are met and approved as part of the postmining land use under § § 77.530 and 77.653 (relating to impoundments; and postmining land use).
(c) Sedimentation ponds and controls and other treatment facilities shall be maintained until removal of the ponds and facilities is approved by the Department.
(d) Sedimentation ponds shall meet the requirements of Chapters 102 and 105, if applicable, and be designed to meet the effluent requirements of the permit.
Source The provisions of this § 77.527 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 pages (203637) to (203638).
Cross References This seciton cited in 25 Pa. Code § 77.461 (relating to dams, ponds, embankments and impoundments).
§ 77.528. Discharge structures.
Discharge from dams, ponds, embankments, impoundments and diversions shall be controlled by energy dissipators, riprap channels or other devices where necessary to reduce erosion, to prevent deepening or enlargement of stream channels and to minimize disturbance of the hydrologic balance. Discharge structures shall be designed according to standard engineering-design procedures.
Source The provisions of this § 77.528 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.529. Acid-forming and toxic-forming spoil.
If applicable, drainage from acid-forming and toxic-forming spoil into groundwater and surface water shall be avoided by the following:
(1) Identifying, burying and treating, if necessary, spoil that may adversely affect water quality if not treated or buried.
(2) Preventing water from coming into contact with acid-forming and toxic-forming spoil under § 77.596 (relating to covering coal and acid-forming and toxic-forming materials) and other measures as required by the Department.
(3) Temporary storage of the spoil may be approved by the Department upon a finding that storage will not result in a risk of water pollution or other environmental damage. Storage shall be limited to the period until burial or treatment first becomes feasible. Acid-forming or toxic-forming spoil to be stored shall be placed on impermeable material and protected from erosion and contact with surface water. Discharge shall be collected and treated to conform to § 77.522 (relating to effluent standards).
Source The provisions of this § 77.529 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.530. Impoundments.
A permanent impoundment may be authorized by the Department upon the basis of the following demonstration:
(1) The quality of the impounded water shall be suitable on a permanent basis for its intended use, and discharge of water from the impoundment will not degrade the quality of receiving waters to less than the water-quality standards established under § 77.522 (relating to effluent standards).
(2) The level of water shall be sufficiently stable to support the intended use.
(3) Adequate safety shall be provided.
(4) Water impoundments will not result in the diminution of the quality or quantity of water used by adjacent or surrounding landowners for agricultural, industrial, recreational or domestic uses.
(5) The size of the impoundment will be adequate for its intended purposes.
(6) The impoundment will be suitable for the approved postmining land use.
Source The provisions of this § 77.530 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.527 (relating to sedimentation ponds).
§ 77.531. Dams, ponds, embankments and impoundments—design, construction and maintenance.
(a) Dams, ponds, embankments and impoundments shall be designed, constructed and maintained in accordance with the Natural Resources Conservation Service Engineering Standard # 350 ‘‘Pond’’ and if applicable, Chapter 105 (relating to dam safety and waterway management).
(b) A facility under subsection (a) shall be designed and certified to the Department by a qualified registered professional engineer, if required by Chapter 105, or qualified registered land surveyor.
Source The provisions of this § 77.531 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 (313473) to (313474).
Cross References This section cited in 25 Pa. Code § 77.527 (relating to sedimentation ponds).
§ 77.532. Surface water and groundwater monitoring.
(a) When noncoal mining activities may affect groundwater supplies which serve as water supply sources, groundwater quantity, quality and levels shall be monitored in a manner approved by the Department. Monitoring shall include sufficient measurements and chemical analyses from a sufficient number of wells or other sources to adequately reflect changes in groundwater quantity and quality resulting from mining activities.
(b) The operator shall, when requested by the Department, conduct additional hydrologic tests, including, but not limited to, drilling, infiltration tests, aquifer tests, chemical and mineralogical analyses of overburden and spoil, and shall submit the results to the Department to demonstrate compliance with this section and § 77.533 (relating to water rights and replacement).
(c) In addition to the monitoring and reporting requirements established by the Department under Chapter 92a (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance), surface water shall be monitored to accurately measure and record the water quantity and quality of the discharges from the permit area and the effect of the discharge on the receiving waters when requested by the Department. The Department will approve the nature of data, frequency of collection, reporting requirements and the duration of the monitoring programs.
Source The provisions of this § 77.532 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 page (313474).
Cross References This section cited in 25 Pa. Code § 77.457 (relating to protection of hydrologic balance); and 25 Pa. Code § 77.503 (relating to casing and sealing of drilled holes).
§ 77.533. Water rights and replacement.
The operator of a noncoal mine which affects by surface mining activities a public or private water supply by contamination, interruption or diminution shall restore or replace the affected water supply with an alternate source of water, adequate in quantity and quality for the purpose served by the supply. For the purpose of this section, the term ‘‘water supply’’ includes an existing source of water or facility or system for the supply of water for human consumption, for agricultural, industrial or other uses.
Source The provisions of this § 77.533 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.231 (relating to terms and conditions for liability issuance); 25 Pa. Code § 77.407 (relating to alternative water supply information); and 25 Pa. Code § 77.532 (relating to surface water and groundwater monitoring).
§ 77.534. Discharge of water into an underground mine.
Surface water and groundwater from noncoal mining activities may not be diverted or otherwise discharged into underground coal mine workings or into an underground noncoal mine unless approved as part of the underground mine permit under Chapter 89 (relating to underground mining of coal and coal preparation facilities).
Source The provisions of this § 77.534 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.535. Permanent postmining renovation of sedimentation ponds, diversions, impoundments and treatment facilities.
At the completion of surface mining activities, the permittee shall renovate the sedimentation ponds, diversions, impoundments and treatment facilities that are to remain after mining to meet criteria specified for permanent structures.
Source The provisions of this § 77.535 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
PROTECTION OF UNDERGROUND MINING
§ 77.551. Restriction.
Noncoal surface mining activities may not be conducted closer than 500 feet to any point of either an active or abandoned underground mine except to the extent that the nature, timing and sequence of the operations that propose to mine closer than 500 feet to an active underground mine are jointly approved by the Department and the Mine Safety and Health Administration or by the Department in the case of an abandoned underground mine within 500 feet.
Source The provisions of this § 77.551 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
USE OF EXPLOSIVES
§ 77.561. General requirements.
(a) A person who conducts surface mining activities shall comply with this chapter and applicable State and Federal laws in the use of explosives.
(b) Blasting operations shall be conducted by or under the supervision of a competent blaster licensed and operating in compliance with Chapter 210 (relating to blasters’ licenses).
(c) Blasting operations shall be conducted in compliance with Chapter 211 (relating to storage, handling and use of explosives), except if modified by § § 77.562 and 77.563 (relating to preblasting surveys; and public notice of blasting schedule).
(d) The use of explosives for the purpose of blasting in connection with surface mining, which has been approved under a permit issued prior to March 17, 1990 shall be undertaken under the conditions of the permit and Chapters 210 and 211 in lieu of the requirements of § § 77.562—77.565.
Source The provisions of this § 77.561 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.102 (relating to compliance with existing permits); 25 Pa. Code § 77.108 (relating to permit for small noncoal operations); 25 Pa. Code § 77.453 (relating to blasting plan); and 25 Pa. Code § 77.463 (relating to surface mining near underground mining).
§ 77.562. Preblasting surveys.
(a) Preblasting surveys will not be required if blasting is designed and conducted below the levels of blasting vibration shown on Figure #1 at the nearest dwelling, school, church, commercial or institutional building neither owned nor leased by the operator. If preblasting surveys are not conducted, the operator shall provide a seismograph record including both the particle velocity time-history (wave form) and the particle velocity and vibration frequency levels for each blast.
(1) The vibration frequency shall be displayed and analyzed over the frequency range of 2 Hz through 100 Hz.
(2) The permittee shall obtain Department approval of the analytical method used to determine the predominant frequency before applying this alternative criterion.
(3) If an operator who has not offered preblasting surveys, blasts at a level exceeding the levels of vibration in Figure #1, no additional blasting may be conducted until one of the following applies:
(i) The operator meets the requirements of subsections (b)—(e).
(ii) The operator demonstrates that subsequent blasting will produce vibrations at levels below the levels of blasting vibration shown in Figure #1.
Figure # 1.—Levels of blasting vibration using a combination of velocity and frequency.
Figure #1.—Levels of blasting vibration using a combination of velocity and frequency.
(b) If the operator intends to conduct blasting at vibration levels exceeding the levels of vibration in Figure # 1 at the nearest dwelling, school, church, commercial or institutional building neither owned nor leased by the operator, the operator shall offer preblasting surveys. At least 30 days before commencement of blasting or resumption of blasting in accordance with subsection (a)(3)(i) the operator shall notify, in writing, the residents or owners of dwellings or other structures located within 1,000 feet (304.8 meters) of the area where blasting will occur of their right to request a preblasting survey and how to request a preblasting survey. On the request to the Department or operator by a resident or owner of a dwelling or structure that is located within 1,000 feet (304.8 meters) of the area where blasting will occur, the operator shall promptly conduct a preblasting survey of the dwelling or structure. If a dwelling or structure is renovated or added to subsequent to a preblasting survey, then, upon request by the resident or owner to the Department or operator, a survey of the additions and renovations shall be performed by the operator in accordance with this section. The operator shall provide the Department with a copy of the request.
(c) The survey shall determine the condition of the dwelling or structure and document preblasting damage and other physical factors that could reasonably be affected by the blasting. Assessments of structures such as pipes, cables, transmission lines and wells and other water systems shall be limited to surface condition and readily available data. Preblasting conditions of wells and other water systems used for human, animal or agricultural purposes shall be ascertained to the extent possible regarding the quantity and quality of the water.
(d) A written report of the survey shall be prepared and signed by the person who conducted the survey. The report may include recommendations of special conditions or proposed adjustments to the blasting procedure which should be incorporated into the blasting plan to prevent damage. Copies of the report shall be provided promptly to the person requesting the survey and to the Department.
(e) Required preblasting surveys requested more than 10 days before planned initiation of blasting shall be completed by the operator before the commencement of blasting.
Source The provisions of this § 77.562 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 (313476) and (240779) to (240780).
Cross References This section cited in 25 Pa. Code § 77.108 (relating to permit for small noncoal operations); 25 Pa. Code § 77.453 (relating to blasting agent); 25 Pa. Code § 77.463 (relating to surface mining near underground mining); 25 Pa. Code § 77.561 (relating to general requirements); and 25 Pa. Code § 77.564 (relating to surface blasting requirements).
§ 77.563. Public notice of blasting schedule.
(a) Blasting schedule publication.
(1) Copies of the schedule shall be distributed by mail to local governments and to public utilities within 1000 feet of the blasting area.
(2) A person who conducts surface mining activities shall publish a blasting schedule in a newspaper of general circulation in the locality of the proposed site at least 10 days before beginning a blasting program in which blasts that use more than 5 pounds of explosive or blasting agents are detonated.
(3) The person who conducts the surface mining activities shall republish the schedule at least every 12 months.
(b) Blasting schedule. The blasting schedule shall include the following:
(1) An identification of the bonded areas in which blasting will take place.
(2) The days and time periods when explosives are to be detonated.
(3) The methods to be used to control access to the blasting area.
(4) The types of audible warnings and all-clear signals to be used before and after blasting.
(5) A description of possible emergency situations that might prevent blasting at times announced in the blasting schedule, such as rain, lightning, other atmospheric conditions or operator or public safety which may require unscheduled detonation.
(c) Public notice of changes to blasting schedule.
(1) The person who conducts the surface mining activities shall prepare a revised blasting schedule before blasting in areas or at times not in a previous schedule.
(2) The blasting schedule shall be revised, published and distributed in accordance with this section. Advice on requesting a preblasting survey need not be provided to parties advised in the original distribution under subsection (a)(1).
Source The provisions of this § 77.563 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 (240780) and (335793).
Cross References This section cited in 25 Pa. Code § 77.108 (relating to permit for small noncoal operations); 25 Pa. Code § 77.453 (relating to blasting plan); 25 Pa. Code § 77.463 (relating to surface mining near underground mining); 25 Pa. Code § 77.561 (relating to general requirements); and 25 Pa. Code § 77.564 (relating to surface blasting requirements).
§ 77.564. Surface blasting requirements.
(a) The Department will not permit blasting to be conducted until the following requirements have been met:
(1) The blasting plan, under § 77.453 (relating to blasting plan), approved by the Department and the approved blasting plan is returned to the operator.
(2) Notification of completion of the requested preblasting surveys required under § 77.562 (relating to preblasting survey) is received by the Department.
(3) A copy of the proof of publication of each blasting schedule, in accordance with § 77.563 (relating to public notice of blasting schedule), is received by the Department.
(b) Blasting shall be conducted between sunrise and sunset, at times announced in the blasting schedule, except that mine opening blasting conducted after the second blast, for that mine opening, may be conducted at any time of the day or night as necessary to maintain stability of the mine opening to protect the health and safety of mine workers. For mine opening blasting conducted after the second blast, for that mine opening, the Department may approve ground or airblast vibration limits at a dwelling, public building, school, church or commercial or institutional structure, that are less stringent than those specified in subsections (f) and (i) if consented to, in writing, by the affected building owner and lessee, if leased to another party.
(c) The Department may specify more restrictive time periods, airblast or ground vibration limits, based on public requests or other relevant information, according to the need to adequately protect the public from the adverse affects of ground vibration, airblast or safety hazards.
(d) Warning and all-clear signals shall be different in pattern, audible within 1000 feet of the blast, sounded before and after each blast. Persons who work within the permit area shall be notified of the meaning of the signals through appropriate instructions. A person who conducts blasting incident to noncoal mining activities shall:
(1) Give sufficient warning that persons approaching the blast area may be warned of the danger and be given ample time to retreat a safe distance from the blast area when a blast is about to be initiated.
(2) Erect signs at least 500 feet from the blast area reading—BLAST AREA—SHUT OFF ALL TWO-WAY RADIOS—when electric blasting operations are located near highways or other public ways. The letters of these signs shall be at least 4 inches in height on a contrasting background.
(3) Place at the entrances to the permit area from public highways conspicuous signs which state ‘‘Warning. Explosives in Use’’ and which clearly explain the blast warning and all-clear signals that are in use.
(e) Access to an area possibly subject to flyrock from blasting shall be controlled to protect the public and livestock. Access to the area shall be controlled to prevent the presence of livestock or unauthorized personnel during blasting and until an authorized representative of the person who conducts the surface mining activities has reasonably determined that:
(1) Unusual circumstances, such as imminent slides or undetonated charges, do not exist.
(2) Access to and travel in or through the area can be safely resumed.
(f) Airblasts shall be controlled so that they do not exceed the airblast level specified in this subsection at a dwelling, public building, school, church or commercial or institutional structure, unless the structure is owned by the person who conducts the surface mining activities and is not leased to another person. The lessee may sign a waiver relieving the operator from meeting the airblast limitations of this subsection.
(1) [Reserved].
(1.1) Maximum decibel level. The maximum allowable airblast level is 133 dBL.
(1.2) Exceptions. The Department may specify alternative maximum allowable airblast levels than those in this subsection for use in the vicinity of a specific blasting operation, if necessary.
(2) Monitoring. The operator shall conduct periodic monitoring to ensure compliance with the airblast standards. The Department may require an airblast measurement of a blast and may specify the location of the requirements.
(g) Blasting requirements are as follows:
(1) Blasting operations may not be conducted within 800 feet of a public highway, unless precautionary measures are taken to safeguard the public.
(2) When a blast is about to be fired within 200 feet of a pipeline, the operator shall exercise caution as may be needed for the protection of the pipeline. The operator shall notify the owner of the line of the operator’s intention to blast, giving a description of the precautionary measures that will be taken.
(3) When blasting is to be done within 1,000 feet of schools or public buildings, it shall be done only during the time approved by the Department. Prior to the blasts, the operator or foreman in charge of the blasting operation shall, within 24 hours prior to the blast, notify persons within this area that a blast is to be detonated. Approval of the method of notification shall be obtained from the Department prior to commencing the blasting.
(4) Blasting may not be done within 300 feet of an occupied dwelling or other structure designated by the Department unless prior written consent of the property owner has been obtained.
(5) Blasting shall be conducted in a manner to protect the public from flyrock.
(6) Notwithstanding other regulations, blasting, whether of overburden or of mineral, may not be done or performed in a manner and under circumstances or conditions that debris is ejected into the air, constituting a hazard or danger or to do harm or damage to persons or property in the area of the blasting.
(7) When explosives are being loaded in drill holes in preparation for a shot, work within a radius of 50 feet of the blast area, except for the work being accomplished by the persons engaged in the blasting operation, shall cease, and machinery, other than machinery necessary to the blasting operation, within the confines of this area shall be brought to a complete rest. After inspection of the blast area by the Department, the Department may establish an alternate distance limitation.
(8) When a shot is about to be set off or fired, machinery within a radius of 500 feet, or a lesser distance specified by the Department, shall be brought to a complete rest, work shall cease within the confines of this area and workmen shall retreat to a safe location. This paragraph shall apply when the blaster first begins to wire the shot.
(h) Blasting shall be conducted to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on an underground mine, and to protect, to the maximum extent possible, the hydrologic balance.
(i) In blasting operations, except as otherwise authorized in this section, the maximum peak particle velocity may not exceed the levels of blasting vibration shown in Figure #1 in § 77.562 at the location of a dwelling, public building, school, church or commercial or institutional building or other structure designated by the Department. The maximum peak particle velocity shall be the largest of three measurements. The Department may reduce the maximum peak particle velocity allowed, if it determines that a lower standard is required because of density of population or land use, age or type of structure, geology or hydrology of the area, frequency of blasts or other factors.
(j) The maximum peak particle velocity limitation of subsection (i) does not apply at a structure owned by the permittee.
(k) When seismographs are not used to monitor peak particle velocity, the maximum weight of explosives to be detonated within any 8 millisecond period may be determined by the formula W=(d/90)2 where W equals the maximum weight of explosives, in pounds, that can be detonated in any 8 millisecond period, and d equals the distance, in feet, from the blast to the nearest dwelling, school, church, commercial or institutional building. The development of a modified scale-distance factor may be authorized by the Department on receipt of a written request by the operator, supported by seismographic records of blasting at the mine site. If the peak particle velocity will exceed .5 inch per second with the adjusted scale-distance, § 77.562(d) shall be complied with prior to blasting at the adjusted levels.
(l) When a seismograph is required to monitor the peak particle velocity, a seismographic record shall be obtained for each blast.
(m) The use of a formula to determine maximum weight of explosives per delay for blasting operations at a particular site may be approved by the Department if the peak particle velocity of 2 inches per second required in this section would not be exceeded.
(n) The Department may require a seismographic record of blasts and may specify the location at which the measurements are taken.
Authority The provisions of this § 77.564 amended under section 11(a) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § 3311(a)); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20).
Source The provisions of this § 77.564 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4838; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4355; amended August 18, 2023, effective August 19, 2023, 53 Pa.B. 5159. Immediately preceding text appears at serial pages (335793) to (335796).
Cross References This section cited in 25 Pa. Code § 77.108 (relating to permit for small noncoal operations); 25 Pa. Code § 77.453 (relating to blasting plan); 25 Pa. Code § 77.463 (relating to surface mining near underground mining); and 25 Pa. Code § 77.502 (relating to signs and markers).
§ 77.565. Records of blasting operations.
A record of each blast shall be retained for at least 3 years and shall be available for inspection by the Department. Seismographic reports, if applicable, shall be made a part of that record. The record shall include the following data:
(1) The name of the operator conducting the blast and the permit number.
(2) The location, date and time of the blast.
(3) The name, signature and license number of the blaster-in-charge.
(4) The direction and distance, in feet, to the nearest dwelling, school, church or commercial or institutional building and the property name meeting one of the following conditions:
(i) It is not located in the permit area.
(ii) It is not owned or leased by the person who conducts the surface mining activities.
(5) Weather conditions, including temperatures, wind direction and approximate velocity.
(6) The type of material blasted.
(7) The number of holes, burden and spacing.
(8) The diameter and depth of holes.
(9) The types of explosives used.
(10) The total weight, in pounds, of explosives used.
(11) The maximum weight, in pounds, of explosives detonated per 8 millisecond or less delay intervals.
(12) The maximum number of holes detonated per 8 millisecond or less delay intervals.
(13) The initiation system.
(14) The type and length of stemming.
(15) Mats or other protections used.
(16) The total quantity and type of delay detonator and delay periods used.
(17) The sketch showing the number of holes, burden, spacing and pattern dimensions of the delay pattern and point of initiation.
(18) The number of persons in the blasting crew.
(19) The seismograph and airblast records, when required, including the type of instrument, sensitivity and calibration signal of the gain setting and certification of annual calibration and the following:
(i) The seismograph or airblast level reading, or both, including exact location of the seismograph, its distance from the blast and the name of the property.
(ii) The name of the person taking the seismograph reading.
(iii) The name of person and firm analyzing the seismograph record.
(20) The reasons and conditions for an unscheduled blast.
(21) The total number of blasting caps used.
(22) The scaled distance.
(23) The location of the seismograph, when required.
(24) The type of circuit, if electric detonation is used.
Source The provisions of this § 77.565 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 (335796) and (240785).
Cross References This section cited in 25 Pa. Code § 77.108 (relating to permit for small noncoal operations); 25 Pa. Code § 77.453 (relating to blasting plan); and 25 Pa. Code § 77.463 (relating to surface mining near underground mining).
OPERATIONS
§ 77.571. Bench development.
The height of the working face on a bench shall be limited as follows:
(1) The maximum height of the working face of a bench in consolidated material—other than thin seam operation which will be returned to AOC—may not exceed 50 feet except as follows:
(i) If topography influences the height of the uppermost face, the highwall may be developed to 65 feet.
(ii) If geologic or safety considerations require the development of a lower working face height.
(2) The Department may grant a waiver to develop a greater height on the working face if a stability analysis shows the proposed face to be stable and the applicant demonstrates with clear and convincing evidence that there is no practical alternative to developing a greater height. The stability analysis shall be performed under § 77.573 (relating to stability analysis).
(3) The maximum height of the working face of a bench in unconsolidated material shall be 25 feet. The Department may grant a waiver to develop a greater height to the working face based on the type of equipment to be used and a field assessment by the Department on the stability of the face.
(4) The minimum width for a horizontal bench between successive working faces shall be 25 feet.
(5) The Department may impose lower working face heights on the working face if the working face is a potential threat to health or safety.
Source The provisions of this § 77.571 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.573 (relating to stability analysis).
§ 77.572. Permit line setback.
(a) Highwalls shall be set back from the boundary of the area covered by a bond under § 77.193 (relating to requirement to file bond). The setback shall be of sufficient width to accomplish the following:
(1) Prevent possible slumping or failure at or beyond the perimeter of the permit area.
(2) Allow for the development of final reclamation slopes.
(b) The minimum setback distance shall be 25 feet (7.62 meters) in consolidated material, in unconsolidated material, the minimum setback distance shall be equal to the height of the exposed unconsolidated material unless otherwise approved by the Department.
(c) The setback shall be shown on the cross sections.
Source The provisions of this § 77.572 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 (198759).
§ 77.573. Stability analysis.
An operator shall provide a stability analysis whenever he requests a waiver to develop a working face greater than 50 feet in consolidated rock under § 77.571(2) (relating to bench development) or a waiver to remove lower benches on the final working face, other than the removal of benches as part of the reclamation slope. The stability analysis shall include, at a minimum:
(1) A stereo net analysis, or acceptable equivalent analysis, of the geologic structure of the working face on which the proposal is submitted.
(2) Identification of manmade features within a distance equivalent to three times the maximum proposed depth of the pit measured from the maximum lateral extent of the final working face.
(3) Other stability related information the Department may request.
Source The provisions of this § 77.573 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.571 (relating to bench development); and 25 Pa. Code § 77.594 (relating to final slopes).
§ 77.574. Disposal of solid wastes.
Solid wastes, including grease, lubricants, paints, flammable liquids, garbage and other hazardous wastes shall be disposed or stored temporarily in accordance with Article VII (relating to hazardous waste management). Storage shall be of a type that fires are prevented and the area remains stable and suitable for reclamation and revegetation.
Source The provisions of this § 77.574 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.575. Air resources protection.
Air pollution control measures shall be planned and employed as an integral part of the surface mining activities and shall meet the following requirements:
(1) If processing facilities are to be used at the mining site, the facilities shall meet the requirements of Chapters 123 and 127 (relating to standards for contaminants; and construction, modification, reactivation and operation of sources).
(2) Fugitive dust control measures shall demonstrate compliance with Chapters 121, 123, 127 and 129.
Source The provisions of this § 77.575 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.455 (relating to air pollution control plan).
BACKFILLING AND GRADING
§ 77.591. General.
Areas disturbed after January 1, 1972 by the operation shall be reclaimed by contouring, except terracing may be utilized if the operator demonstrates that operation has extracted quantities of minerals so that contouring cannot be achieved with the remaining overburden and waste material. Other alternatives to contouring or terracing may be approved under section 7(c)(2)(ii) or (iii) of the act (52 P. S. § 3307(c)(2)(ii) or (iii)).
Source The provisions of this § 77.591 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.592. Approximate original contour.
If a noncoal surface mine site is proposed to be restored to approximate original contour, the applicant shall demonstrate that the operation will restore the land affected to a condition capable of supporting the uses it was capable of supporting prior to mining or to a higher or better use.
Source The provisions of this § 77.592 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.595 (relating to concurrent reclamation).
§ 77.593. Alternatives to contouring.
Alternative reclamation to approximate original contour may be authorized as follows:
(1) The applicant shall demonstrate that the proposed operation will be carried out over a substantial period of time and that the volume of mineral to be removed is large compared to the overburden to restore the area to approximate original contour. The applicant shall provide a description of the alternative and demonstrate that:
(i) The alternative to contouring can be achieved.
(ii) The alternative poses no actual or potential threat to public health or safety.
(iii) The alternative poses no actual or potential threat to water diminution, contamination, interruption or pollution.
(iv) The alternative is consistent with applicable land use policies, plans and programs.
(v) The alternative is consistent with Federal, State or local law.
(vi) The alternative is the highest or best use that can reasonably be supported after mining and reclamation is completed.
(2) If the applicant does not meet the requirements of paragraph (1), an alternative to contouring may be authorized if the applicant demonstrates that the operation will either restore the land affected to a condition capable of supporting the uses it was capable of supporting prior to mining or to a higher or better use. The applicant shall demonstrate that:
(i) The alternative is acceptable to the landowner.
(ii) Highwalls will not remain after mining.
(iii) The watershed of the area will be improved.
(iv) The proposed use has been designed and certified by a registered professional engineer to assure the stability, drainage and configuration necessary for the intended use of the site.
(v) A demonstration that the alternative to contouring is likely to be achieved or that the alternative poses no actual or potential threat to public health or safety or of water diminution, interruption, contamination or pollution.
Source The provisions of this § 77.593 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 (240788) to (240789).
Cross References This section cited in 25 Pa. Code § 77.594 (relating to final slopes); and 25 Pa. Code § 77.595 (relating to concurrent reclamation).
§ 77.594. Final slopes.
Final slopes for reclamation of noncoal surface mines shall conform with the following requirements:
(1) If there is sufficient overburden material to achieve approximate original contour and no alternative reclamation is approved under § 77.593 (relating to alternatives to contouring):
(i) The postmining slopes shall approximate the premining slopes or slopes approved by the Department based on consideration of soil, rock formation, climate or other characteristics of the area.
(ii) Final postmining slopes are not required to be uniform but shall approximate the general nature of the premining topography.
(2) If terracing is approved for postmining reclamation, the final overall slope shall be 35° or less unless otherwise approved under subparagraph (v).
(i) If a water impoundment is part of the reclamation, the slope shall extend to 50 feet (15.2 meters) below the post reclamation water level at a maximum slope of 35° to serve as a safety bench for safe exit from the impoundment. The underwater safety bench may be reduced to a lesser depth—a minimum 25-foot (7.6 meters) width shall be maintained in all cases—if the operator demonstrates to the Department’s satisfaction that there will be an overflow at a defined elevation or that the seasonal water table fluctuation will not require a 50-foot (15.2 meters) depth. For purposes of safe exit from an impoundment in unconsolidated materials, the Department may require an underwater safety bench be sloped at less than 35° from the horizontal.
(ii) Benches developed below the lower level of the reclamation safety bench are not required to be restored.
(iii) Removal of benches below the safety bench requires approval from the Department in writing under § 77.573 (relating to stability analysis).
(iv) The Department may require a slope of less than 35° if stability concerns require a lesser slope.
(v) A slope greater than 35° may be approved if the operator demonstrates that the slope will not result in a safety or stability hazard and that one of the following exists:
(A) No practical alternative to a lesser slope exists, such as unusual geologic conditions.
(B) The slope area which is greater than 35° is offset by a lesser slope elsewhere at the site resulting in a more beneficial postmining land use as approved by the Department.
Source The provisions of this § 77.594 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 pages (198762) to (198763).
Cross References This section cited in 25 Pa. Code § 77.108 (relating to permit for small noncoal operations); 25 Pa. Code § 77.109 (relating to noncoal exploration activities); and 25 Pa. Code § 77.595 (relating to concurrent reclamation).
§ 77.595. Concurrent reclamation.
(a) Reclamation procedures, including backfilling, grading, topsoil replacement and revegetation of land that is disturbed by noncoal surface mining shall be kept concurrent with the progress of the proposed operation to the greatest extent possible in conformance with § § 77.456, 77.592—77.594, this section, § 77.596 and the approved reclamation plan.
(b) If site conditions dictate that reclamation cannot begin until mineral extraction is terminated, the reasons for this delay shall be detailed in the reclamation plan required under § 77.456 (relating to reclamation information).
(c) Reclamation shall begin within 30 days of when mineral extraction is terminated, and be completed within the period specified in the approved reclamation plan.
(d) Mineral extraction is considered to be terminated when the permitted extent of the mineral reserves has been extracted.
Source The provisions of this § 77.595 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 (198763).
Cross References This section cited in 25 Pa. Code § 77.456 (relating to reclamation information).
§ 77.596. Covering coal and acid-forming and toxic-forming materials.
In applicable areas, unless otherwise approved by the Department, exposed coal seams, acid-forming material, toxic-forming materials and combustible materials other than coal refuse shall be handled as follows:
(1) The material shall be buried at least 10 feet above the groundwater table and placed at a minimum of 5 feet above the pit floor. A layer of the material may not exceed 24 inches and shall be compacted. A top layer of nontoxic spoil—minimum thickness of 4 feet—shall be compacted over the material.
(2) If necessary, the materials shall be treated to prevent water pollution and combustion and minimize adverse effects on plant growth and land uses.
(3) If it is necessary to protect against upward migration of salts, exposure by erosion, formation of acid or toxic seeps, to provide an adequate depth for plant growth or otherwise to meet local conditions, the Department will specify thicker amounts of cover using nontoxic material, or special compaction and isolation from groundwater contact.
Source The provisions of this § 77.596 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.456 (relating to reclamation information); 25 Pa. Code § 77.529 (relating to acid-forming and toxic-forming spoil); and 25 Pa. Code § 77.595 (relating to concurrent reclamation).
REVEGETATION
§ 77.611. General requirements.
(a) Revegetation, if required, shall provide for a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area. Introduced species may be used in the revegetation process where desirable and necessary to achieve the approved postmining land use plan. Vegetative cover shall be considered of the same seasonal variety when it consists of a mixture of species of equal or superior utility for the approved postmining land use, when compared with the utility of naturally-occurring vegetation during each season of the year.
(b) Revegetation when required shall provide a quick germinating, fast-growing vegetative cover capable of stabilizing the soil surface from erosion.
(c) Revegetation shall be completed in compliance with the plans submitted under § 77.456 (relating to reclamation information) as approved by the Department in the permit and carried out in a manner that encourages a prompt vegetative cover and recovery of productivity levels compatible with the approved postmining land use.
Source The provisions of this § 77.611 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.456 (relating to reclamation information); 25 Pa. Code § 77.515 (relatinig to nutrients and soil amendments); 25 Pa. Code § 77.524 (relating to diversions and conveyance); 25 Pa. Code § 77.614 (relating to agriculture crops); and 25 Pa. Code § 77.632 (relating to restoration).
§ 77.612. Timing.
(a) Disturbed areas shall be seeded and planted when weather and planting conditions permit, but the seeding and planting of disturbed areas shall be performed no later than the first full normal period for favorable planting after backfilling and grading.
(1) The normal periods for favorable planting are:
(i) Early spring until May 30, and August 10 until September 15 for permanent herbaceous species.
(ii) Early spring until May 20 for woody species.
(2) The periods in paragraph (1) may be extended by the Department when abnormal weather conditions or excessive soil moisture conditions exist which prohibit seeding and planting prior to the end of the first normal period for favorable planting after backfilling and grading or when weather conditions allow for favorable planting outside the normal periods.
(b) When necessary to effectively control erosion, the disturbed area shall be seeded and planted as contemporaneously as practicable with the completion of back-filling and grading with a temporary cover of small grain, grasses or legumes or otherwise protected from erosion until a permanent cover is established.
Source The provisions of this § 77.612 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.456 (relating to reclamation information); and 25 Pa. Code § 77.515 (relating to nutrients and soil amendments).
§ 77.613. Introduced species.
The use of introduced species will be allowed if the species meet the requirements of applicable State and Federal seed or introduced species statutes and are not poisonous or noxious.
Source The provisions of this § 77.613 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.456 (relating to reclamation information); and 25 Pa. Code § 77.515 (relating to nutrients and soil amendments).
§ 77.614. Agriculture crops.
When the approved postmining land use is cropland, the planting of agriculture crops normally grown in the general locality of the permit area will satisfy the revegetation requirements of § 77.611 (relating to general requirements). If planting of the crop will be delayed, a temporary cover of annual or perennial grasses or small grains shall be established.
Source The provisions of this § 77.614 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.456 (relating to reclamation information); and 25 Pa. Code § 77.515 (relating to nutrients and soil amendments).
§ 77.615. Species.
(a) Species, rates and techniques of seeding and planting shall be adequate to achieve the standards for successful revegetation of § 77.618 (relating to standards for successful revegetation).
(b) Legume seed shall be inoculated or treated with the specific inoculate for that seed, and the seed shall be seeded within 24 hours after inoculation or treatment.
(c) A single tree or shrub species may not comprise more than 50% of the total number of seedlings planted unless alternative silviculture practices are approved.
(d) When the approved postmining land use is wildlife habitat, unless alternative plans are approved or required by the Department, a minimum of 75% of the land affected shall be planted with a mixture of woody species which provides a diverse plant community. The remaining affected area shall be planted to an approved herbaceous cover. The configuration and species composition of the cover types shall be established in accordance with guidelines established by appropriate State wildlife agencies.
Source The provisions of this § 77.615 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.456 (relating to reclamation information); 25 Pa. Code § 77.515 (relating to nutrients and soil amendments); and 25 Pa. Code § 77.618 (relating to standards for successful revegetation).
§ 77.616. Seedbed preparation.
(a) The soil surface shall be prepared by disking or harrowing. If soil conditions or steep slopes prohibit these practices, the soil surface shall be scarified by a mechanical method which will loosen the surface material. Scarification will not be required if seeding is done immediately following final grading when the soil is still loose.
(b) Disking or harrowing shall be accomplished following or along the contours of slopes.
(c) Topsoil shall be disked or harrowed to a depth of at least 3 inches prior to seeding.
Source The provisions of this § 77.616 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.456 (relating to reclamation information); and 25 Pa. Code § 77.515 (relating to nutrients and soil amendments).
§ 77.617. Mulching.
(a) Mulch shall be applied to regraded and topsoiled areas at rates adequate to control erosion, promote germination of seeds and increase the moisture retention of the soil, unless one of the following requirements are met:
(1) Seeding can be accomplished using a conventional agricultural farm drill.
(2) The approved postmining land use is for agricultural row crops.
(3) Annual grasses or small grains will be seeded immediately following final grading resulting in a quick vegetative cover which will provide adequate soil erosion control.
(4) The permittee can demonstrate that alternative procedures will achieve the standards for revegetation success of § 77.618 (relating to standards for successful revegetation).
(b) When required by the Department, mulches shall be mechanically or chemically anchored to the soil surface.
(c) Chemical soil stabilizers may be used alone or in combination with appropriate mulches.
Source The provisions of this § 77.617 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.456 (relating to reclamation information); and 25 Pa. Code § 77.515 (relating to nutrients and soil amendments).
§ 77.618. Standards for successful revegetation.
(a) When the approved postmining land use is cropland:
(1) The standards for successful revegetation shall be based upon crop productivity or yield.
(2) The approved standard shall be the average yields per acre for the crop and soil type as specified in the Soil Surveys of the United States Department of Agriculture Natural Resources Conservation Service.
(3) The productivity or yield of the mined area shall be equal to or greater than the approved standard for the last two consecutive growing seasons of the 5-year responsibility period established in § 77.615 (relating to species). Productivity or yield shall be considered equal if production or yield is at least 90% of the approved standard.
(b) When the approved postmining land use is other than cropland:
(1) The standards for successful revegetation shall be determined by ground cover.
(2) The approved standard shall be the percent ground cover of the vegetation which exists on the proposed area to be affected by surface mining activities. The Department will not approve less than a minimum of 70% ground cover of permanent plant species with not more than 1% of the area having less than 30% ground cover with no single or contiguous area having less than 30% ground cover exceeding 3,000 square feet. When woody species are planted in mixture with herbaceous species, these standards shall be met and a minimum of 400 woody plants per acre shall be established unless alternate plans are approved or required by the Department. On slopes greater than 20 degrees, the minimum number of woody plants shall be 600 per acre.
(3) The percent of ground cover of the mined area shall meet the standards of paragraph (2) to qualify for Reclamation Stage I and Reclamation Stage II approval.
(4) For purposes of this subsection, the term ‘‘herbaceous species’’ means grasses, legumes and nonleguminous forbs. The term ‘‘woody plants’’ means woody shrubs, trees and vines.
Source The provisions of this § 77.618 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 (240795) to (240796).
Cross References This section cited in 25 Pa. Code § 77.408 (relating to vegetation information); 25 Pa. Code § 77.456 (relating to reclamation information); 25 Pa. Code § 77.515 (relating to nutrients and soil amendments); 25 Pa. Code § 77.615 (relating to species); and 25 Pa. Code § 77.617 (relating to mulching).
HAUL ROADS
§ 77.631. General requirements.
(a) A haul road shall be designed, constructed and maintained to prevent erosion to the maximum extent possible and to prevent contributions of sediment to streams or runoff outside the affected area; air and water pollution; and offsite damage. Upon completion of the associated surface mining activities, the area disturbed by the road shall be restored under § 77.632 (relating to restoration) unless retention of the road and its maintenance plan is approved as part of the postmining land use.
(b) The haul road may not be located in or within 100 feet of a perennial or intermittent stream except under § 77.504 (relating to distance limitations). A crossing of a perennial or intermittent stream shall be made using bridges, culverts or similar structures. Bridges, culverts or other encroachment or water obstruction shall meet the requirement of Chapter 105 (relating to dam safety and waterway management).
(c) A road shall have a drainage system that is compatible with the natural drainage system, structurally stable and which will pass safely the peak flow from a 10-year precipitation event or larger event if required by the Department. The drainage system shall include appropriate sediment control measures as required by § 77.525 (relating to sediment control measures).
(d) Roads shall be constructed on stable areas that avoid wet or unstable soils.
(e) Disturbed areas adjacent to the road shall be vegetated or otherwise stabilized to prevent erosion.
(f) Acid-forming or toxic-forming material may not be used for surfacing or construction of a road.
Source The provisions of this § 77.631 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.466 (relating to haul roads).
§ 77.632. Restoration.
Unless the Department approves retention of a road as suitable for the approved postmining land use under § 77.462 (relating to postmining land uses and alternative restoration) immediately after the road is no longer needed for the associated surface mining activities the following requirements shall be met:
(1) The road shall be physically closed to vehicular traffic.
(2) The road and adjacent slopes shall be regraded to blend with the natural contours and drainage pattern.
(3) Bridges and culverts shall be removed.
(4) Cross drains, dikes and water bars shall be constructed to minimize erosion.
(5) Disturbed areas shall be revegetated under § 77.611 (relating to general requirements).
(6) Excess material and debris shall be disposed of in a manner approved by the Department.
Source The provisions of this § 77.632 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.466 (relating to haul roads); and 25 Pa. Code § 77.631 (relating to general requirements).
§ 77.633. Common use roads.
(a) Operators using common use roads to service their permit areas shall be responsible for maintaining the roads in a stable and safe condition throughout the life of the permit.
(b) Common use roads do not require bonding or restoration by the operator; however, the bond on the permit area may not be released until the common use road is left in a condition equal to the condition of the road before operations began.
Source The provisions of this § 77.633 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
CESSATION AND COMPLETION OF MINING
§ 77.651. Temporary cessation.
(a) General rule. Except with the express written approval of the Department as provided in subsection (b), the operator shall maintain mining and reclamation equipment on the site at all times, shall conduct an active operation and shall conduct surface mining operations on the site on a regular and continuous basis.
(b) Application for temporary cessation. Before temporary cessation of operations, the operator shall submit a written application to the Department, including a statement of the number of acres that have been affected, the reason for cessation, the date on which temporary cessation is anticipated and the date on which the operator anticipates that operations will resume. Except as provided in subsection (c), the Department will not approve the temporary cessation of an operation for a period exceeding 90 days unless the cessation is due to seasonal shutdown or labor strikes.
(c) Operations producing highway or construction aggregates. For operations producing highway or construction aggregates if the temporary cessation is due to the absence of a current regional market for the mineral being mined, temporary cessation may not exceed 5 years.
(d) Cessation not a release of obligations. Temporary cessation does not relieve the operator of the obligation to comply with the act, this chapter, the conditions of the permit, including, but not limited to, compliance with applicable environmental protection performance standards.
Source The provisions of this § 77.651 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.652. Permanent.
Operations that are permanently ceased shall be backfilled or closed or otherwise permanently reclaimed in accordance with this chapter and the permit. Underground openings, equipment, structures or other facilities not required for monitoring, unless approved by the Department as suitable for the postmining land use, shall be removed and the affected land reclaimed.
Source The provisions of this § 77.652 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.653. Postmining land use.
Prior to the release of land from permit area under § 77.462 (relating to postmining land uses and alternative restoration), affected areas shall be restored in the manner specified in the permit application or amended application.
Source The provisions of this § 77.653 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.204 (relating to period of liability); 25 Pa. Code § 77.243 (relating to criteria and schedule for release of bond); 25 Pa. Code § 77.452 (relating to operational information); and 25 Pa. Code § 77.527 (relating to sedimentation ponds).
§ 77.654. Clean up.
Upon completion of mining, the operator shall remove and clean up temporary unused structures, facilities, equipment, machines, tools, parts or other materials, property, debris or junk that were used in or resulted from the surface mining activity.
Source The provisions of this § 77.654 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 page (360571).
§ 77.655. Closing of underground mine openings.
(a) Mine openings.
(1) Upon completion of mining, a mine opening, except those approved for water monitoring or otherwise managed in a manner approved by the Department, shall be closed:
(i) To prevent degradation of surface waters and groundwaters.
(ii) To assist in returning the groundwater as near to its premining level as possible.
(iii) To assist in returning the hydrologic balance as near to its premining condition as possible.
(iv) To ensure the safety of people.
(v) To prevent access to underground workings.
(2) Prior to closing a mine opening, the plan for the closing shall be approved by the Department.
(b) Inactive mine openings. During operation of a mine, a mine opening that becomes inactive and has no further use shall be immediately closed under subsection (a).
(c) Temporarily inactive mine openings. Temporarily inactive mine openings shall be closed to ensure the safety of people, livestock, fish and wildlife.
Source The provisions of this § 77.655 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 page (360571).
Cross References This section cited in 25 Pa. Code § 77.456 (relating to reclamation information).
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