§ 88.493. Minimum environmental protection performance standards.
A person who conducts underground mining activities shall comply with the performance standards and design requirements of this section. The following performance standards shall be met:
(1) Signs and markers shall comply with § 89.51 (relating to signs and markers).
(2) Closing of underground mine openings shall comply with § 89.83 (relating to closing of underground mine openings).
(3) Erosion and sedimentation control shall comply with § § 89.11 and 89.21 (relating to general requirements; and erosion and sedimentation control).
(4) Removal, storage and use of topsoil and vegetation support material shall comply with § § 88.86—88.90.
(5) Underground mining activities shall be conducted to minimize adverse effects in the hydrologic balance in accordance with § § 88.94, 88.95, 88.98—88.103, 88.105, 88.106, 89.52—89.54, 89.57 and 89.60.
(6) Underground mining activities shall comply with the general performance standards specified in § § 88.115—88.130, 88.136—88.138, 88.144, 89.61, 89.63, 89.64, 89.66—89.69, 89.81 and 89.88.
(7) Use of explosives includes:
(i) A person who conducts surface blasting activities incident to underground mining activities, including, but not limited to, mine opening blasting shall conduct the activities in compliance with § § 88.45 and 88.134—88.137.
(ii) A person who conducts underground blasting activities shall comply with this chapter and applicable State and Federal laws and regulations in the use of explosives.
(8) Standards for determining success of restoration on prime farmland soils shall be based upon the soil surveys and soil interpretations and the latest yield data available from the United States Department of Agriculture Natural Resources Conservation Service. Soil productivity for prime farmland shall be returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed under § 88.491(k) (relating to minimum requirements for information on environmental resources).
(i) If crops are grown, standards for determining success of restoration shall be based on crop yields. The current estimated yields under equivalent levels of management for each soil map unit and for each crop shall be used by the Department as the predetermined target level for determining success of revegetation. The target yields may be adjusted by the Department in consultation with the United States Secretary of Agriculture before approval of the permit application. The crop productivity or yield of the mined area shall be compared to the predetermined target level. As a minimum, the following standards shall be met:
(A) Average annual crop production shall be determined based upon a minimum of 3 years of data. Crop production shall be measured for the 3 years immediately prior to release of bonding according to Chapter 86, Subchapter F (relating to bonding and insurance requirements).
(B) Adjustments for weather-induced variability in the annual crop production may be permitted by the Department.
(C) Restoration of prime farmland shall be considered a success when the adjusted 3-year average annual crop production is equivalent to, or higher than, the predetermined target level of crop production.
(ii) If crops are not grown, standards for determining success of restoration shall be based on a soil survey, in addition to meeting the standards of § 88.129(b) (relating to revegetation: standards for successful revegetation). The permittee shall demonstrate to the Department that the prime farmland soil has been restored to a capability of equivalent or higher levels of yield as nonmined prime farmland of the same soil type in the surrounding area. The demonstration shall include erodibility, moisture holding capacity, permeability, depth, texture, pH and other analysis deemed relevant by the Department for determining quality of the restored soils as prime farmland.
Authority The provisions of this § 88.493 amended under sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.4(a) and 1396.4b); section 11 of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § 3311); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); section 5 of The Clean Streams Law (35 P.S. § 691.5); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); and section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7(b)).
Source The provisions of this § 88.493 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4355; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (244242) and (335845) to (335846).
Cross References This section cited in 25 Pa. Code § 86.37 (relating to criteria for permit approval or denial); 25 Pa. Code § 86.159 (relating to self-bonding); and 25 Pa. Code § 88.492 (relating to minimum requirements for reclamation and operation plan).
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