Subchapter F. ANTHRACITE UNDERGROUND MINES
Sec.
88.481. Scope.
88.482. Definitions.
88.491. Minimum requirements for information on environmental resources.
88.492. Minimum requirements for reclamation and operation plan.
88.493. Minimum environmental protection performance standards.
88.494. Performance standards—in situ processing of anthracite coal.
Cross References This subchapter cited in 25 Pa. Code § 86.38 (relating to criteria for approval or denial: existing structures); 25 Pa. Code § 88.59 (relating to coal refuse disposal); 25 Pa. Code § 88.60 (relating to haul roads, access roads and other transportation facilities); and 25 Pa. Code § 88.281 (relating to requirements).
§ 88.481. Scope.
This subchapter specifies certain specific procedures and rules for those who engage in the underground mining of anthracite coal activities. General rules and procedures for those who engage in the underground mining of anthracite coal activities are provided for in Chapter 86 (relating to surface and underground coal mining: general).
Source The provisions of this § 88.481 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.
§ 88.482. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Acid-forming materials—Earth materials that contain sulfide minerals or other materials which, if exposed to air, water or weathering processes, form acids that may create acid drainage.
Adjacent area—Land located outside the permit area, where air, surface or groundwater, fish, wildlife, vegetation or other resources protected by this chapter may be adversely impacted by mining and reclamation operations.
Aquifer—A zone, stratum or group of strata that can store and transmit water in sufficient quantities for a specific use.
Best technology currently available—Equipment, devices, systems, methods or techniques which will:(i) Prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable State or Federal laws.
(ii) Minimize, to the extent possible, disturbances and adverse impacts on fish and wildlife and related environmental values, and achieve enchancement of those resources where practicable. The term includes equipment, devices, systems, methods or techniques which are currently available anywhere as determined by the Secretary, even if they are not in routine use. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, scheduling of activities and design of sedimentation ponds in accordance with this chapter.
Coal—Anthracite coal.
Coal seam—Anthracite coal vein.
Cropland—Land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes. The term includes row crops, small grain crops, hay crops, nursery crops, orchard crops and similar specialty crops.
Disburbed area—An area where vegetation, topsoil or overburden is removed or upon which topsoil, spoil, coal processing waste, underground development waste or noncoal waste is placed by coal mining operations.
Diversion—A channel, embankment or other manmade structure constructed at a controlled slope to divert water from one area to another.
Dry weather flow—The base flow or surface discharge from an area or treatment facility which occurs immediately prior to a precipitation event and which resumes 24 hours after the precipitation event ends.
Embankment—An artificial deposit of material that is raised above the natural surface of the land and used to contain, divert or store water, support roads or railways, or for other similar purposes.
Ephemeral stream—A water conveyance which lacks substrates associated with flowing waters and flows only in direct response to precipitation in the immediate watershed or in response to melting snowpack, and which is always above the local water table.
Ground cover—The area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally onsite, expressed as a percentage of the total area of measurement.
Groundwater—All subsurface waters of the Commonwealth.
Historically used for cropland—One or more of the following:(i) Lands that have been used for cropland for any 5 years or more out of the 10 years immediately preceding the acquisition, including purchase, lease or option, of the land for the purpose of conducting or allowing, through resale, lease or option, the conduct of surface coal mining activities.
(ii) Lands that the Department determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific 5-years-in-10 criterion. In which case, the regulations from prime farmland may be applied to include more years of cropland history only to increase the prime farmland acreage to be preserved.
(iii) Lands that would likely have been used as cropland for any 5 out of the last 10 years immediately preceding such acquisition but for the same fact of ownership or control of the land unrelated to the productivity of the land.
Hydrologic balance—The relationship between the quality and quantity of water inflow to, water outflow from and water storage in a hydrologic unit, such as a drainage basin, aquifer, soil zone, lake or reservoir. The term encompasses the dynamic relationships among precipitation, runoff, evaporation and changes in groundwater and surface water storage.
Impoundment—A closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water, sediment or waste.
Interim permit—A permit issued by the Department prior to the effective date of these regulations and in accordance with the requirements of Chapter 13 (relating to compliance with the Surface Mining Control and Reclamation Act of 1977).
Intermittent stream—A body of water flowing in a channel or bed composed primarily of substrates associated with flowing water which, during periods of the year, is below the local water table and obtains its flow from both surface runoff and groundwater discharges.
Mine—All underground areas contained within a continuous barrier of undisturbed coal and all openings to the surface from those areas.
Operator—A person or municipality engaged in underground mining activities as a principal, as distinguished from an agent or independent contractor. When more than one person is engaged in coal mining activities in a single operation, they shall be deemed jointly and severally responsible for compliance with the provisions of the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19b), The Clean Streams Law (35 P. S. § § 691.1—691.1001) and the Coal Refuse Disposal Control Act (52 P. S. § § 30.51—30.66).
Overburden—The strata or material overlying a coal deposit or in between coal deposits in its natural state, and such material before or after its removal by surface mining.
Perennial stream—A body of water flowing in a channel or bed composed primarily of substrates associated with flowing waters and is capable, in the absence of pollution or other manmade stream disturbances, of supporting a benthic macroinvertebrate community which is composed of two or more recognizable taxonomic groups of organisms which are large enough to be seen by the unaided eye and can be retained by a United States Standard No. 30 sieve, 28 meshs per inch, 0.595 millimeter openings, and live at least part of their life cycles within or upon available substrates in a body of water or water transport system.
Permanent diversion—A diversion which is to remain after underground mining activities are completed and which has been approved for retention by the Department.
Permit area—The mine and areas where underground mining activities occur.
Precipitation event—A quantity of water resulting from drizzle, rain, snow, sleet or hail in a limited period of time. The term may be expressed in terms of recurrence interval. The term includes that quantity of water emanating from snow cover as snow melt in a limited period of time.
Prime farmland—Those lands which are defined by the Secretary of Agriculture in 7 CFR Part 657 (relating to prime and unique farmlands) (Federal Register, Vol. 43, No. 21) and which have historically been used for cropland as that phrase is defined in this section.
Property to be mined—The surface and mineral estates on and underneath lands which are within the permit area.
Reclamation—Actions taken to restore the area affected by underground mining activities as required by this chapter.
Sedimentation pond—A primary sediment control structure designed, constructed and maintained in accordance with Subchapter C (relating to anthracite bank removal and reclamation; minimum environmental protection performance standards) and including, but not limited to, a barrier, dam or excavated depression which detains water runoff to allow sediment to settle out. The term does not include secondary sedimentation control structures, such as straw dikes, riprap, check dams, mulches, dugouts and other measures that reduce overland flow velocity, reduce runoff volume or trap sediment, to the extent that the secondary sedimentation structures drain to a sedimentation pond.
Soil survey—A field classification and laboratory analysis resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies and interprets the soils for use. Soil surveys shall meet the standards of the National Cooperative Soil Survey.
Stratum (strata)—A section of geologic formation that consists throughout of approximately the same kind of rock material. A stratum may consist of an indefinite number of beds.
Substrates—Inorganic sediments which are 0.05 millimeters in diameter or larger, and includes sands, granules, pebbles, cobbles and boulders, based on Wentworth’s Classification.
Temporary diversion—A diversion of a stream or overland flow which is used during surface coal mining activities and not approved by the Department to remain after reclamation as part of the approved postmining land use.
Toxic-forming materials—Earth materials or wastes which, if acted upon by air, water, weathering or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.
Toxic mine drainage—Water that is discharged from active or abandoned mines or other areas affected by coal exploration or underground mining activities, which contains a substance that through chemical action or physical effects is likely to kill, injure or impair biota commonly present in the area that might be exposed to it, or may be harmful to the public health and welfare.
Underground development waste—Waste rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone or related materials that are excavated, moved and disposed of as part of the construction activities in preparing the mine for coal production.
Underground mining activities—The term includes the following:(i) Surface operations incident to underground extraction of coal or in situ processing, such as construction, use, maintenance and reclamation of roads, aboveground repair areas, storage areas, processing areas, shipping areas, areas upon which are sited support facilities, including hoist and ventilating ducts, areas used for the disposal and storage of waste, and areas on which materials incident to underground mining operations are placed.
(ii) Underground operations, such as underground construction, operation and reclamation of shafts, adits, underground support facilities, in situ processing and underground mining, hauling, storage and blasting.
(iii) Operation of the mine, including preparatory work in connection with the opening or reopening of a mine, backfilling, sealing and other closing procedures, and any other work done on land or water in connection with the mine.
Water table—A mine pool or the upper surface of a zone of saturation, where the body of groundwater is not confined by an overlying impermeable zone.
Authority The provisions of this § 88.482 amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.4(a) and 1396.4b); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 88.482 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 June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; corrected August 16, 1991, effective July 27, 1991, 21 Pa.B. 3697; corrected December 6, 1991, effective July 27, 1991, 21 Pa.B. 5643; amended August 21, 2015, effective August 22, 2015, 45 Pa.B. 4904. Immediately preceding text appears at serial pages (207149) to (207153).
§ 88.491. Minimum requirements for information on environmental resources.
(a) General. General requirements shall include the following:
(1) Each permit application shall include a description of:
(i) The existing premining environmental resources within the proposed permit and adjacent area that may be affected or impacted by the proposed underground mining activities.
(ii) The nature of archaeological, cultural and historic resources listed on or eligible for listing on the National Register of Historic Places and known archaeological sites within the proposed permit area. The description shall be based on available information, including, but not limited to, data of State and local archaeological, historic and cultural preservation agencies. The Department may require the applicant to identify and evaluate important historic and archaeological resources that may be eligible for listing on the National Register of Historic Places, through one or more of the following:
(A) The collection of additional information.
(B) The conducting of field investigations.
(C) Other appropriate analysis.
(iii) The geology, hydrology and water quality and quantity of lands within the proposed permit area, the adjacent area and the general area. The description shall conform to the following:
(A) Information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed permit area and within the general area will be provided by the Department to the extent that this data is available from an appropriate Federal or State agency.
(B) If the information in clause (A) is not available from those agencies, the applicant shall gather and submit this information to the Department as part of the permit application.
(C) The permit will not be approved by the Department until this information is made available in the application.
(iv) The size, sequence and timing of the subareas of the mine for which it is anticipated that individual permits for mining will be requested over the estimated total life of the proposed underground mining activities.
(2) The information required in this section may be developed using modeling techniques, but the Department may require verification of models.
(b) Geology. The information shall include a general statement of the geology within the proposed permit and adjacent area to the depth of the lowest existing or proposed mine workings.
(1) For areas to be affected by surface operations or facilities, the geology of the strata to be disturbed shall be described, including, at a minimum, the lithologic characteristics and physical and chemical properties of each stratum.
(2) For lands within the proposed permit and adjacent area which are underlain by the coal seam to be extracted and for the coal seam itself, the description shall include the following:
(i) The location of groundwater, if encountered, or the mine pool.
(ii) The classification and geologic structure of the overburden.
(iii) The pyritic content and potential alkalinity of the strata immediately above and below the coal seam to be mined.
(iv) Total and pyritic sulfur content of the coal seam.
(3) An applicant may request that the requirements of paragraph (1) be waived by the Department. The waiver may be granted only if the Department makes a written determination that the statement required is unnecessary because other equivalent information is accessible to it in a satisfactory form.
(c) Groundwater information. Groundwater information shall include the following:
(1) The application shall contain a description of the groundwater hydrology for the proposed permit and adjacent area including, at a minimum, the following:
(i) The depths of water tables over the general area.
(ii) The hydrologic characteristics.
(iii) The uses of the groundwater.
(iv) The chemical characteristics of typical groundwaters in the area, including a description of known groundwater quality problems. At a minimum, water quality descriptions shall include total dissolved solids or specific conductance corrected to 25°C, pH, total iron, total manganese, alkalinity, acidity and sulfates.
(2) The application shall contain additional information which describes the storage and discharge characteristics of the area and the quality and quantity of groundwater, according to the parameters and in the detail required by the Department.
(d) Surface water information. Surface water information shall comply with the following:
(1) Surface water information shall be described, including the name of the watershed which will receive water discharges, the location of all surface water bodies such as streams, lakes, ponds and springs, the locations of water discharge into a surface body of water and descriptions of surface drainage systems sufficient to identify the seasonal variations in water quantity and quality within the proposed permit and adjacent areas.
(2) Surface water information shall include the following:
(i) Minimum, maximum and average discharge conditions which identify critical low flows and peak discharge rates of streams sufficient to identify seasonal variations.
(ii) Water quality data to identify the characteristics of surface waters in, discharging into, or which will receive flows of surface water or groundwater from the disturbed area within the proposed permit area, sufficient to identify seasonal variations showing the following:
(A) Total dissolved solids in milligrams per liter or specific conductance in micromhos per centimeter corrected to 25°C.
(B) Total suspended solids in milligrams per liter.
(C) Acidity in milligrams per liter.
(D) Alkalinity in milligrams per liter.
(E) pH in standard units.
(F) Total and dissolved iron in milligrams per liter.
(G) Total manganese in milligrams per liter.
(H) Sulfates in milligrams per liter.
(I) Total aluminum in milligrams per liter.
(J) Other information the Department determines to be relevant.
(e) Alternative water supply information. The application shall identify the extent to which the proposed underground 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 alternative sources of water supply that could be developed to replace the existing sources.
(f) Climatological information. Climatological information shall comply with the following:
(1) When requested by the Department, the application shall contain a statement of the climatological factors that are representative of the proposed permit area, including the following:
(i) The average seasonal precipitation.
(ii) The average direction and velocity of prevailing winds.
(iii) Seasonal temperature ranges.
(2) The Department may request additional data deemed necessary to ensure compliance with the requirements of this chapter.
(g) Vegetation information. Vegetation information shall include the following:
(1) If required by the Department, a map that delineates existing vegetative types and a description of the plant communities within the area affected by surface operations and facilities and within a proposed reference area. This description shall include information adequate to predict the potential for reestablishing vegetation.
(2) When a map or aerial photograph is required, sufficient adjacent areas to allow evaluation of vegetation as important habitat for fish and wildlife.
(h) Land use information. Land use information shall comply with the following:
(1) The application shall contain a statement of the condition, capability and productivity of lands greater than 5 acres which will be affected by surface operations and facilities within the proposed permit area, including the following:
(i) A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within 5 years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described.
(ii) A narrative of land capability and productivity which analyzes the land use description under subsection (a) in conjunction with other environmental resources information required under this subchapter. The narrative shall provide analyses of the following:
(A) The capability of the land before mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the area proposed to be affected by surface operations or facilities.
(B) The productivity of the area proposed to be affected by surface operations and facilities before mining, expressed as average yield of food, fiber, forage or wood products from the land obtained under high levels of management. 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.
(2) The application shall state whether the proposed permit area or adjacent areas have been previously mined and, if so, provide the following information, if available:
(i) The type of mining method used.
(ii) The coal seams or other mineral strata mined.
(iii) The extent of coal or other minerals removed.
(iv) The approximate dates of past mining.
(v) The uses of the land preceding mining.
(3) The application shall contain a description of the existing land uses and land use classifications under local law, if any, of the proposed permit and adjacent areas.
(i) Maps and cross sections. The permit application shall include maps, cross sections or plans showing the following:
(1) The boundaries and names of present owners of record of land, both surface and subsurface, for the proposed permit and adjacent lands; and the boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin underground mining activities.
(2) The boundaries of areas proposed to be affected over the estimated total life of the underground mining activities, with a description of size, sequence and timing of the mining of subareas.
(3) The location of surface and subsurface manmade features within, passing through, or passing over the proposed permit area, including, but not limited to, electric transmission lines and pipelines.
(4) The location and boundaries of proposed reference areas for determining the success of revegetation.
(5) The locations of public water supply intakes within a 10-mile distance downstream of each discharge, and the locations of water discharge into a surface body of water within the permit and adjacent area.
(6) Each public road located in or within 100 feet of the proposed permit area.
(7) The boundaries of public parks and locations of any cultural or historical resources listed on or eligible for listing on the National Register of Historic Places and known archaeological sites within the permit and adjacent areas.
(8) Each public or private cemetery or Indian burial ground located in or within 100 feet of the proposed permit area.
(9) Land within the proposed permit area and adjacent area which is within the boundaries of units of the National System of Trails or the Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C.A. § 1276(a)).
(10) Surface and coal elevations and the locations of test borings and core samplings.
(11) The locations of existing and proposed monitoring stations used to gather data on water quality and quantity, fish and wildlife, subsidence and air quality, if required, in preparation of the application.
(12) A cross section of the strata described in this section.
(13) Coal crop lines and the attitude of the coal in the permit and adjacent areas.
(14) The location and extent of known workings of active, inactive or abandoned underground mines, including identification of the coal seams and mine openings to the surface within the proposed permit and adjacent areas.
(15) The portrayal of major aquifers on cross sections.
(16) The location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains and irrigation ditches within the proposed permit and adjacent areas.
(17) The location and extent of existing or previously surface-mined areas within the proposed area, including the coal seam mined.
(18) The location and dimensions of storage and disposal areas for spoil, underground development waste, coal processing waste—banks, dams and embankments—noncoal waste and topsoil.
(19) The location and depth, if available, of gas and oil wells within the proposed permit area and water wells in the permit area and adjacent areas.
(20) Sufficient slope measurements to adequately represent the existing land surface configuration of the area affected by surface operations and facilities. Slope measurements shall take into account natural variations in slope to provide accurate representation of the range of natural slopes and reflect geomorphic differences of the area to be disturbed.
(21) Landslides within areas to be affected by surface operations and facilities.
(22) 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.
(23) Other relevant information required by the Department.
(j) Role of professionals in preparing permit applications. Maps, plans and cross sections included in a permit application and required by this section shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer, qualified registered professional land surveyor or qualified registered professional geologist with assistance, as necessary, from exports in related fields such as landscape architecture, and shall be updated as required by the Department.
(k) Preapplication investigation. The applicant shall conduct a preapplication investigation of the proposed permit area to determine whether lands within the area may be prime farmland.
(1) Land will not be considered prime farmland if the applicant can demonstrate one of the following:
(i) The land has not been historically used for cropland.
(ii) The slope of the land is 10% or greater.
(iii) There are no soil map units that have been designated prime farmland by the United States Department of Agriculture Natural Resources Conservation Service, on the basis of a soil survey of lands within the permit area.
(iv) The area of prime farmland is minimal in size—less than 5 acres—and has been or will be in use for an extended period of time—more than 10 years.
(2) If the applicant determines after investigation that all or part of the lands in the proposed permit area are not prime farmland, the applicant shall submit with the permit application a request for a negative determination showing that the lands meet one of the criteria of paragraph (1).
(3) If the investigation indicates that lands within the proposed permit area may be prime farmlands, the applicant shall contact the United States Department of Agriculture Natural Resources Conservation Service to determine if a soil survey exists for those lands and whether the applicable soil map units have been designated as prime farmlands. If no soil survey has been made for the lands within the proposed area, the applicant shall cause a survey to be made.
(4) When a soil survey as required in paragraph (3) includes soil map units that have been designated as prime farmlands, the applicant shall submit with the permit application a soil survey of the proposed permit area according to the standards of the National Cooperative Soil Survey and in accordance with the procedures set forth in the United States Department of Agriculture Handbooks 436 (Soil Taxonomy, 1975) and 18 (Soil Survey Manual, 1951) as amended. The soil survey shall include a map unit and representative soil profile description as determined by the United States Natural Resources Conservation Service for each prime farmland soil within the proposed permit area unless other representative descriptions from the locality, prepared in conjunction with the National Cooperative Soil Survey are available and their use is approved by the State Conservationist, United States Natural Resources Conservation Service.
(5) When a soil survey as required in paragraph (3) includes soil map units that have not been designated as prime farmland after review by the United States Department of Agriculture Natural Resources Conservation Service, the applicant shall submit with the permit application a request for negative determination for nondesignated land establishing compliance with paragraph (1).
Authority The provisions of this § 88.491 amended under the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.1—1396.19a); The Clean Streams Law (35 P.S. § § 691.1—691.1001); section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); 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 § 88.491 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 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (378228), (207155) to (207158) and (244233) to (244234).
Cross References This section cited in 25 Pa. Code § 86.37 (relating to criteria for permit approval or denial); 25 Pa. Code § 88.492 (relating to minimum requirements for reclamation); and 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards).
§ 88.492. Minimum requirements for reclamation and operation plan.
(a) General requirements. An application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including, at a minimum, the following:
(1) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used during mining operations.
(2) A narrative explaining the construction, modification, use, maintenance and removal of the following facilities and structure unless retention of the facility or structures is necessary for postmining land use as specified in § 89.88 (relating to postmining land use):
(i) Dams, embankments and other impoundments.
(ii) Overburden and topsoil handling and storage areas.
(iii) Coal removal, handling, storage, cleaning and transportation areas.
(iv) Spoil, coal processing waste, mine development waste and noncoal waste removal, handling, storage, transportation and disposal areas and structures.
(v) Mine facilities.
(vi) Water pollution control facilities.
(3) A description of the measures to be used to maximize the use and conservation of the coal resources as required in § 89.61 (relating to coal recovery).
(4) A description of the measures to be employed to ensure that debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with this title and a description of the contingency plans which have been developed to preclude sustained combustion of the materials.
(5) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, to plug, case, line or manage exploration holes, other boreholes, wells and other openings within the proposed permit area.
(6) A description of steps to be taken to comply with the requirements of applicable pollution control laws and regulations and safety standards.
(b) Existing structures.
(1) An application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the mining operation. Existing structures do not include support facilities and utility installations as identified in § 89.67 (relating to support facilities). The description shall include the following:
(i) Location.
(ii) Current condition.
(iii) A showing, including relevant monitoring data or other evidence, indicating whether the structure meets the performance standards of this chapter.
(2) An application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the underground mining and reclamation operation. The compliance plan shall include the following:
(i) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of this chapter.
(ii) A construction schedule.
(iii) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of this chapter are met.
(iv) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.
(c) Reclamation plan requirements.
(1) An application shall contain a plan for reclamation of lands which have been or will be disturbed in support of the underground mining activities. The plan shall show how the applicant will comply with the environmental performance standards of this title, and shall include, at a minimum, the information required in this subsection.
(2) A plan shall contain the following information:
(i) A timetable for the completion of each major step in the reclamation plan.
(ii) An estimate of the cost of the reclamation of the proposed operations required to be covered by a performance bond under this title, with supporting calculations for the estimates.
(iii) A plan for backfilling, soil stabilization, compacting and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed disturbed area in accordance with the performance standards of this chapter.
(iv) A plan for removal, storage and redistribution of topsoil, subsoil and other material to meet the performance standards of this chapter.
(v) A plan for revegetation as required in § § 88.121—88.130.
(3) A plan shall contain a description of the proposed use, following reclamation, of the lands to be affected within the proposed permit area by surface operations or facilities, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use policies and plans. This description shall explain the following:
(i) The necessary support activities which may be needed to achieve the proposed land use.
(ii) Materials needed for approval of the alternative use under § 89.88 where a land use different from the premining land use is proposed.
(iii) The consideration given to making the proposed underground mining activities consistent with surface owner plans and applicable State and local land use plans and programs.
(4) The description shall be accompanied by a copy of the comments concerning the proposed use from the legal or equitable owner of record of the surface areas to be affected by surface operations or facilities within the proposed permit area, and from the State and local government agencies which would have to initiate, implement, approve or authorize the proposed use of the land following reclamation.
(d) Protection of hydrologic balance.
(1) An application shall contain a plan describing, with appropriate maps and cross sections, the measures to be taken during and after the proposed underground mining activities, in accordance with the performance standards of this chapter, to ensure the protection of:
(i) The quality of surface water and groundwater, both within the proposed permit area and adjacent areas, from adverse effects of the proposed underground mining activities.
(ii) The rights of present users to surface water and groundwater.
(iii) The quantity of surface water and groundwater, both within the proposed permit and adjacent area, from adverse effects of the proposed underground mining activities.
(iv) Water quality by locating openings for mines in accordance with § 89.54 (relating to preventing discharges from underground mines).
(2) The description shall include the following:
(i) A plan for the control of surface and groundwater drainage into, through and out of the permit area.
(ii) A plan for the treatment, if required, of surface and groundwater drainage from the permit area, and proposed quantitative limits on pollutants, as required under § 9.64 (relating to air resources protection), and if applicable, how the requirements of Chapters 123 and 127 (relating to standards for contaminants; and construction, modification, reactivation and operation of sources) will be met.
(iii) A plan for collecting, recording and reporting surface water and groundwater quality and quantity data in accordance with § § 88.105 and 88.106 (relating to hydrologic balance: groundwater monitoring; and hydrologic balance: surface water monitoring). The plan shall identify monitoring locations and sampling frequency, and logically relate to the determination of probable hydrologic consequences in paragraph (3).
(3) The description shall include a determination of the probable hydrologic consequences of the proposed underground mining activities on the proposed permit area and adjacent area, with respect to the hydrologic regime and the quantity and quality of water in surface water and groundwater systems under all seasonal conditions. The determination shall address the parameters measured in accordance with § 88.491 (relating to minimum requirements for information on environmental resources).
(4) A plan shall contain a detailed description, with appropriate drawings, of permanent entry seals and coal barriers designed to ensure stability under anticipated hydraulic heads developed while promoting mine inundation after mine closure for the proposed permit area.
(5) A plan shall contain a description of possible alterations in the mine development plan or method of mining in response to adverse impacts on the hydrologic balance as indicated by the groundwater monitoring system.
(e) Ponds, impoundments, banks, dams and embankments. Ponds, impoundments, banks, dams and embankments shall comply with the following:
(1) An application shall include a plan for each proposed sedimentation pond, water impoundment and coal processing waste bank, dam or embankment within the proposed permit area. A plan shall:
(i) Be prepared by, or under the direction of, a qualified person in accordance with the requirements of this title.
(ii) Contain a description, map and cross section of the structure and its location.
(iii) Contain a preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure.
(iv) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations.
(v) Contain a certification statement which includes a schedule setting forth the dates when detailed design plans for structures that are not submitted within the general plan will be submitted to the Department. The Department will have approved, in writing, the detailed design plan for a structure before construction of the structure begins.
(vi) Include geotechnical investigation, design and construction requirements for the structure.
(vii) Describe the operation and maintenance requirements for each structure.
(viii) Describe the timetable and plans to remove each structure, if appropriate.
(2) Sedimentation ponds, whether temporary or permanent, shall be designed in compliance with the performance standards of this chapter. A sedimentation pond or earthen structure which will remain on the proposed permit area as a permanent water impoundment shall also be designed to comply with the performance standards of this chapter.
(3) Permanent and temporary impoundments shall be designed to comply with § § 88.101—88.103 (relating to hydrologic balance: permanent impoundments; hydrologic balance: dams, ponds, embankments and impoundments—design, construction and maintenance; and hydrologic balance: coal processing waste dams and embankments).
(4) Coal processing waste banks shall be designed to comply with Subchapters C and D (relating to anthracite bank removal and reclamation: minimum environmental protection performance standards; and anthracite refuse disposal: minimum environmental protection performance standards).
(5) Coal processing waste dams and embankments shall be designed to comply with § 88.103. A plan shall comply with the requirements of the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2 (relating to water, sediment or slurry impoundments and impounding structures; identification; and water, sediment or slurry impoundments and impounding structures; minimum plan requirements; changes or modifications; certification) and shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer or engineering geologist, according to the following:
(i) The number, location and depth of borings and test pits shall be determined using current prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded and subsurface conditions.
(ii) The character of the overburden and bedrock, the proposed abutment sites and adverse geotechnical conditions which may affect the particular dam, embankment or reservoir site shall be considered.
(iii) Springs, seepage and groundwater flow observed or anticipated during west periods in the area of the proposed dam or embankment shall be identified on each plan.
(iv) Consideration shall be given to the possibility of mudflows, rock debris falls or other landslides into the dam, embankment or impounded material.
(f) Protection of public parks and historic places.
(1) For publicly-owned parks or historic places listed on the National Register of Historic Places that may be adversely affected by the proposed operations, each application shall describe the measures to be used to accomplish the following:
(i) Prevent adverse impacts and meet the requirements of Chapter 86, Subchapter D (relating to areas unsuitable for mining).
(ii) Minimize adverse impacts, if valid existing rights exist or joint agency approval is to be obtained under Chapter 86, Subchapter D.
(2) The Department may require the applicant to protect historic or archaeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance. The required measures shall be completed before the properties are affected by anthracite underground activity.
(g) Relocation or use of public roads. An application shall describe, with appropriate maps and cross sections, the measures to be used to ensure that the interests of the public and landowners affected are protected if the applicant seeks to have the Department approve the following:
(1) Conducting the proposed surface operations or locating facilities within 100 feet of the right-of-way line of any public road, except where mine access or haul roads join that right-of-way.
(2) Relocating a public road.
(h) Underground development wastes. A plan shall contain descriptions, including appropriate maps and cross sections of the proposed disposal methods and sites, for placing underground development waste and excess spoil generated at surface areas affected by surface operations and facilities. A plan shall describe the geotechnical investigation, design, construction, operation, maintenance and removal, if appropriate, of the structures.
(i) Air pollution control plan. The description shall include an air pollution control plan which includes the following:
(1) A plan demonstrating compliance with fugitive dust control practices, as required under § 89.64, and if applicable, how the requirements of Chapters 123 and 127 will be met.
(2) Air quality control monitoring to provide sufficient data to evaluate the effectiveness of the air pollution control plan, if required by the Department.
(j) Maps and plans. An application shall contain maps, plans and cross sections of the proposed permit and adjacent areas as follows:
(1) The maps, plans and cross sections shall show the underground mining activities to be conducted and changes in the facility or feature to be caused by the proposed operations.
(2) The following shall be shown for the proposed permit area:
(i) Buildings, utility corridors and facilities to be used.
(ii) Coal storage, cleaning and loading areas.
(iii) Water diversion, collection, conveyance, storage and discharge facilities to be used.
(iv) The sources of waste and each waste disposal facility relating to coal processing or pollution control.
(v) Facilities to be used to protect and enhance fish and wildlife-related environmental values.
(vi) Surface facilities for explosive storage and handling.
(vii) The location of each sedimentation pond, water impoundment, water treatment and air pollution control facility.
(viii) The location of each facility that will remain on the proposed permit area as a permanent feature after the completion of underground mining activities.
(3) Maps, plans and cross sections required under paragraph (2)(iii) and (vii) shall be prepared by, under the direction of, and certified by a qualified registered professional engineer, qualified registered professional land surveyor or qualified registered professional geologist with assistance from experts in related fields.
(k) Transportation facilities. Transportation facilities shall comply with the following:
(1) An application shall contain a description of each road, conveyor and rails system to be constructed, used or maintained within the proposed permit area. The description shall include a map, appropriate cross section and the following:
(i) The specifications for each road width, road gradient, road surface, road cut, fill, embankment, culvert, bridge, drainage ditch and drainage structure.
(ii) A report of appropriate geotechnical analysis, when approval of the Department is required for alternative specifications or for steep-cut slopes.
(iii) A description of each measure to be taken to obtain approval of the Department for alteration or relocation of a natural drainageway.
(iv) A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert.
(2) The person who conducts the underground mining activities shall maintain, as required, public roads used in coal exploration or underground mining activities.
(l) Return of coal processing and underground development waste to abandoned underground workings. Return of coal processing and underground development waste to abandoned underground workings shall comply with the following:
(1) A plan shall describe the design, operation and maintenance of a proposed coal processing and underground development waste disposal facility, including flow diagrams and other necessary drawings and maps, for the approval of the Department and the Mine Safety and Health Administration.
(2) A plan shall describe the source and quality of waste to be stowed, area to be backfilled, percent of the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation on active underground mine operations, surface area to be supported by the backfill and the anticipated occurrence of surface effects following backfilling.
(3) The applicant shall describe the source of the hydraulic transport medium, method of dewatering the placed backfill, retainment of water underground, treatment of water if released to surface streams and the effect on the hydrologic regime.
(4) The plan shall describe the stratum underlying the mined coal and gradient from the backfilled area.
(5) The requirements of paragraphs (1)—(4) also apply to pneumatic backfilling operations, except when the operations are exempted by the Department from requirements specifying hydrologic monitoring.
(m) Prime farmlands. A person who conducts or intends to conduct underground mining activities on prime farmlands shall submit a plan, as part of the permit application, demonstrating that the land will be restored, within a reasonable time, to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management, and that the standards for successful revegetation in § 88.493 (relating to minimum environmental protection performance standards) can be achieved.
(n) Fish and wildlife protection and enhancement plan. An application shall include the fish and wildlife information in § 88.62 (relating to fish and wildlife protection and enhancement plan).
Authority The provisions of this § 88.492 amended under the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.1—1396.19a); The Clean Streams Law (35 P.S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 88.492 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 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (207160) to (207168).
Cross References This section cited in 25 Pa. Code § 86.149 (relating to determination of bond amount); 25 Pa. Code § 86.151 (relating to period of liability); and 25 Pa. Code § 86.172 (relating to criteria for release of bond).
§ 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).
§ 88.494. Performance standards—in situ processing of anthracite coal.
(a) In situ processing means those activities on the surface or underground which involve in-place processing and removal of the coal or coal by-products.
(b) The Department will not issue a permit to initiate or conduct underground burning of anthracite coal.
(c) In situ processing of anthracite coal is limited to:
(1) The collection of methane and natural gas by means of boreholes and wells and the drilling, stimulation and construction of boreholes and wells used for that purpose. These activities shall meet the requirements of the Oil and Gas Act (58 P. S. § § 601.101—601.605).
(2) Demonstration or innovative operations permitted by the Department. The activities shall meet the requirements of this chapter, Chapter 86 (relating to surface and underground coal mining: general) and additional standards for environmental protection and safety as requested by the Department.
(3) In situ operations that might be approved and permitted by the Department.
(d) Activities approved by the Department shall comply with applicable hydrologic balance and water pollution control standards of this chapter.
Source The provisions of this § 88.494 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial page (148888).
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