Subchapter B. MINIMUM ENVIRONMENTAL RESOURCES INFORMATION REQUIRED IN PERMIT APPLICATIONS FOR COAL REFUSE DISPOSAL
Sec.
90.11. General.
90.12. Geology.
90.13. Groundwater information.
90.14. Surface water information.
90.15. Alternative water supply information.
90.16. Climatological information.
90.17. Vegetation information.
90.18. Fish and wildlife resources information.
90.19. [Reserved].
90.20. Land use information.
90.21. Maps and cross sections.
90.22. Prime farmland investigation.
Cross References This subchapter cited in 25 Pa. Code § 90.301 (relating to scope); 25 Pa. Code § 90.304 (relating to application for authorization); 25 Pa. Code § 90.305 (relating to application approval or denial); and 25 Pa. Code § 90.306 (relating to operational requirements).
§ 90.11. General.
(a) Each coal refuse disposal permit application shall include a description of:
(1) The location and extent of the proposed coal refuse disposal activities for which a permit is being sought and an identification of the size and sequence of those lands adjacent to the proposed permit area for which it is anticipated that individual permits for coal refuse disposal will be sought.
(2) The existing or predisposal environmental resources within the proposed permit and adjacent area that may be affected by the proposed coal refuse disposal activities. The description shall include the information required in this subchapter.
(3) 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 and adjacent to the proposed permit area. The description shall be based on available information, including, but not limited to, data of the Historical and Museum Commission 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:
(i) The collection of additional information.
(ii) The conducting of field investigations.
(iii) Other appropriate analysis.
(4) 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 with the following:
(i) Information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed permit area and within the general area may be obtained from an appropriate Federal or State agency.
(ii) The applicant shall gather and submit this information to the Department as part of the permit application, if this information is not available from those agencies.
(iii) The permit will not be approved by the Department until this information is made available in the application.
(b) The information required in this section may be developed using modeling techniques, but the Department may require verification of models.
Source The provisions of this § 90.11 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended February 17, 1984, 14 Pa.B. 524, effective August 4, 1984, 14 Pa.B. 2860; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075. Immediately preceding text appears at serial page (159068).
§ 90.12. Geology.
(a) The application shall include a description of the areal and structural geology within the proposed permit and adjacent area, including the lithology of the strata that influence the occurrence, availability, movement and quality of groundwater that may be affected by the coal refuse disposal. For lands within the proposed permit and adjacent areas, the applicant shall provide a description of the geology with complementing maps and cross sections and the results of test borings. The description shall include the strata down to and including any aquifer that may be affected. At a minimum, the description shall include:
(1) The location and quality of subsurface water.
(2) The depth, lithology and structure of near-surface bedrock.
(3) The location, identification and status of mining and coal refuse disposal operations within or adjacent to the proposed permit area.
(4) A description of any glacial, alluvial or colluvial deposits or other unconsolidated deposits that are present within or beneath the proposed permit area, including their thickness and location.
(5) A description of any mine workings that are present beneath the proposed permit area.
(6) The attitude and characteristics of joints, cleats, fracture zones and faults within the permit and adjacent areas.
(7) The location and identification of all coal seam croplines within the permit area.
(8) A description of the physical characteristics of soils within the permit area.
(9) A description of aquifers that are present beneath the proposed permit area.
(b) Maps, cross-sections and geologic descriptions required by this section shall be prepared and certified by a qualified registered professional geologist.
Source The provisions of this § 90.12 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended July 13, 2001, effective July 14, 2001, 31 Pa.B. 3735. Immediately preceding text appears at serial pages (207928) to (207929).
Cross References This section cited in 25 Pa. Code § 90.21 (relating to maps and cross sections).
§ 90.13. Groundwater information.
The application shall contain a description of the premining or baseline groundwater hydrology of the proposed permit and adjacent area, including the following:
(1) The results of a groundwater inventory of existing wells, springs and other valuable groundwater resources, providing information on location, quality, quantity, depth to water and usage of the groundwater for the proposed permit and potentially impacted offsite areas. Information on water availability and occurrence, and alternate water supplies shall be emphasized and water quality information relating to suitability for existing predisposal use shall be provided. 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) Other information on the baseline hydrogeologic properties of the groundwater system shall be included with the application. The Department may require information on indicator parameters such as pumping test, lithologic and piezometer data or that other appropriate information be provided. The application shall include a description of the groundwater flow system as it relates to the design and operation of the proposed groundwater and surface water protection system as described in § 90.50 (relating to design criteria: groundwater and surface water protection system).
Authority The provisions of this § 90.13 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 § 90.13 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821; amended July 13, 2001, effective July 14, 2001, 31 Pa.B. 3735. Immediately preceding text appears at serial page (180920).
§ 90.14. Surface water information.
(a) Surface water information shall contain a description of the surface waters, including the name of the watershed which will receive water discharges, the location of surface water bodies such as streams, lakes, ponds and springs, deep mine discharges and seeps, the locations of water discharges 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.
(b) Surface water information shall include the following:
(1) The surface elevations and rate of flow of springs, seeps and deep mine discharges located within and adjacent to the proposed permit area.
(2) Minimum, maximum and average discharge conditions, which identify critical low flows and peak discharge rates of streams sufficient to identify seasonal variations.
(3) Water quality data to identify the characteristics of surface waters in, discharging into or which will receive flows of surface or groundwater from the proposed permit area, sufficient to identify seasonal variations, showing:
(i) Total dissolved solids in milligrams per liter or specific conductance in micromhos per centimeter corrected to 25°C.
(ii) Total suspended solids in milligrams per liter.
(iii) Acidity in milligrams per liter.
(iv) Alkalinity in milligrams per liter.
(v) pH in standard units.
(vi) Total iron in milligrams per liter.
(vii) Total manganese in milligrams per liter.
(viii) Sulfates in milligrams per liter.
(ix) Total aluminum in milligrams per liter.
(x) Other information as the Department determines is relevant.
Authority The provisions of this § 90.14 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 § 90.14 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (180921) to (180922).
§ 90.15. Alternative water supply information.
The application shall identify the extent to which the proposed coal refuse disposal 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 results, then the description shall identify the alternate sources of water supply that could be developed to replace the existing sources.
Source The provisions of this § 90.15 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
§ 90.16. Climatological information.
When requested by the Department, the application shall contain a statement of the climatological factors that are representative of the proposed permit area. The statement shall contain the information the Department deems relevant to ensure compliance with the requirements of this chapter.
Source The provisions of this § 90.16 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
§ 90.17. Vegetation information.
(a) Each application shall contain a description of the extent of cover, in percent ground cover, of the natural vegetation within the proposed permit area. When the postmining land use is wildlife habitat, the description shall include information adequate to establish the stocking standards of § 90.159(b)(2)(iii) (relating to revegetation: standards for successful revegetation). When requested by the Department, the application shall contain a map or aerial photograph that delineates existing vegetation types and a description of the plant communities within the proposed permit and adjacent area.
(b) When a map or aerial photograph is required, sufficient adjacent areas shall be included to allow evaluation of vegetation as important habitat for fish and wildlife.
Source The provisions of this § 90.17 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
§ 90.18. Fish and wildlife resources information.
An application shall include fish and wildlife resources information for the proposed permit area and adjacent area.
(1) The scope and level of detail for the information shall be determined by the Department in consultation with State and Federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under § 90.48 (relating to fish and wildlife protection and enhancement plan).
(2) Site-specific resource information necessary to address the respective species or habitats shall be required when the proposed permit area or adjacent area is likely to include one or more of the following:
(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the United States Secretary of the Interior under the Endangered Species Act of 1973, act of December 28, 1973 (Pub. L. No. 93-205, 87 Stat. 884), or species or habitats protected by State law or regulations, including those species listed as threatened or endangered by the Game Commission and the Fish Commission.
(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes or reproduction and wintering areas.
(iii) Other species or habitats identified through agency consultation as requiring special protection under State or Federal law.
Source The provisions of this § 90.18 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (149002) to (149003).
Cross References This section cited in 25 Pa. Code § 90.48 (relating to fish and wildlife protection and enhancement plan).
§ 90.19. [Reserved].
Source The provisions of this § 90.19 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
§ 90.20. Land use information.
(a) The application shall contain a map and a statement of the uses, condition, capability and productivity of land within the proposed permit area, including:
(1) The uses of the land existing at the time of application and, if the land use has changed within 5 years prior to time of applications, the prior use of land. If the land has been previously used for coal refuse disposal activities or mined and not reclaimed, the uses which preceded any coal refuse disposal activities or mining, if known.
(2) The capability of the land prior to any coal refuse disposal activities or mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and hydrology.
(3) The productivity of cropland, pastureland or land occasionally cut for hay, commercial forest land, expressed as average yield of food, fiber, forage or wood products. 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 Pennsylvania Department of Agriculture.
(b) 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.
Source The provisions of this § 90.20 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
§ 90.21. Maps and cross sections.
(a) The application shall contain maps and plans of the proposed permit and adjacent area showing the following:
(1) The boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the permit area.
(2) The boundaries of land within the proposed permit area which the applicant has the legal right to enter and begin coal refuse disposal activities.
(3) The boundaries of the land to be affected.
(4) The boundaries of the areas proposed to be affected over the estimated total life of the coal refuse disposal activities, with a description of size, sequence and timing of development of the site.
(5) The location, names of the owners and present occupants, and the current use of the buildings on and within 1,000 feet of the outer perimeter of the proposed permit area.
(6) The location of surface and subsurface manmade features within, passing through, or passing over the proposed permit area, including, but not limited to, major electric transmission lines and pipelines.
(7) The locations and names of public water supply intakes within a 10 mile distance downstream of each discharge, and the locations of water discharges into a surface body of water within the permit and adjacent area. Public water supplies on or within 1/2 mile of the permit area and private water supplies on or within 1,000 feet of the proposed permit area.
(8) Each public road location in or within 100 feet of the proposed permit area.
(9) The boundaries of public parks and locations of 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.
(10) Each public or private cemetery or Indian burial ground located in or within 100 feet of the proposed permit area.
(11) Land within the proposed permit area and adjacent area which is within the boundaries of any units of the National Trails System 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)).
(12) The surface elevations and the locations of test borings and core samplings.
(13) The locations of existing and proposed monitoring stations used to gather data on water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application.
(14) A cross section of the strata described in § 90.12 (relating to geology).
(15) Coal crop lines and the contours of the coal to be mined in the permit and adjacent areas.
(16) The location and extent of known workings of active, inactive or abandoned underground mines, including identification of the coal seams mined and mine openings to the surface within the proposed permit and adjacent areas.
(17) The portrayal of major aquifers on cross sections.
(18) 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.
(19) The location and extent of existing or previously surface-mined areas within the proposed permit area, including the coal seams mined.
(20) The location and areal extent of storage and disposal areas of spoil, coal refuse, underground development waste and noncoal and of dams, embankments, other impoundments and water treatment and air pollution control facilities within the proposed permit area, and state whether or not owned or operated by applicant.
(21) 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.
(22) Sufficient slope measurements to adequately represent the existing land surface configuration of the area affected by coal refuse disposal activities. 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.
(23) Landslides within areas to be affected by coal refuse disposal activities.
(24) The location of each haul road and access road and appropriate cross sections, design drawings and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches and drainage structures for each road to be constructed, used or maintained within the proposed permit area.
(25) Other relevant information required by the Department.
(b) Maps, plans and cross sections required by this section shall be accurately surveyed and on a scale satisfactory to the Department, but not less than 1:25,000 and in a manner satisfactory to the Department. The maps or plans and cross sections shall be prepared and certified by a qualified registered professional engineer, or qualified registered professional geologist with assistance from experts in related fields.
Authority The provisions of this § 90.21 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 § 90.21 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; 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. Immediately preceding text appears at serial pages (180924) to (180927).
§ 90.22. Prime farmland investigation.
(a) The applicant shall conduct a preapplication investigation of the area proposed to be affected by coal refuse disposal activities to determine whether lands within the area may be prime farmland.
(b) Land will not be considered prime farmland when the applicant can demonstrate one or more of the following:
(1) The land has not been historically used as cropland.
(2) Other factors exist, such as a very rocky surface, or the land is flooded during the growing season more than once in 2 years and the flooding has reduced crop yields.
(3) The slope of the land is 10% or greater.
(4) The land is not irrigated or naturally subirrigated.
(5) There are no soil map units that have been designated prime farmland by the United States Natural Resources Conservation Service, on the basis of a soil survey of the lands proposed to be affected by coal refuse disposal activities.
(c) If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one or more of the criteria in subsection (b).
(d) If the investigation indicates that lands within the proposed area to be affected by coal refuse disposal activities may be prime farmlands, the applicant shall contact the United States Natural Resources Conservation Service to determine if these lands have a soil survey and whether the applicable soil map units have been designated prime farmlands. If a soil survey has not been made for these lands, the applicant shall cause a survey to be made.
(1) When a soil survey as required in this subsection contains soil map units which have been designated as prime farmlands, the applicant shall submit a soil survey of the proposed permit area according to the standards of the National Cooperative Soil Survey and in accordance with the procedures in the United States Department of Agriculture Handbooks 436 (Soil Taxonomy, 1975) and 18 (Soil Survey Manual, 1951). 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.
(2) When a soil survey as required in this subsection contains soil map units which have not been designated, after review by the United States Natural Resources Conservation Service, as prime farmland, the applicant shall submit a request for negative determination for nondesignated land with the permit application establishing compliance with subsection (b).
Authority The provisions of this § 90.22 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); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7(b)); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 90.22 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (207935) to (207936).
Cross References This section cited in 25 Pa. Code § 86.37 (relating to criteria for permit approval or denial); 25 Pa. Code § 90.45 (relating to prime farmland); and 25 Pa. Code § 90.165 (relating to prime farmland: revegetation).
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