REVIEW, PUBLIC PARTICIPATION, ITEMS AND
CONDITIONS OF PERMIT APPLICATIONS
§ 77.121. Public notices of filing of permit applications.
(a) At the time of filing an application with the Department, an applicant for a permit, transfer, renewal or revision under § 77.142 (relating to public notice of permit revision) shall place an advertisement in a local newspaper of general circulation in the locality of the proposed noncoal mining activities once a week for 4 consecutive weeks. The advertisement shall contain the following information:
(1) The name and business address of the applicant.
(2) The local government and county in which the operation is located. If the operation spans multiple jurisdictions, then each local government and county shall be listed.
(3) The receiving stream.
(4) A map or description which shall:
(i) Clearly show or describe towns, rivers, streams or other bodies of water, local landmarks and other information, including routes, streets or roads and accurate distance measurements, necessary to allow local residents to readily identify the proposed permit area.
(ii) Clearly show or describe the exact location and boundaries of the proposed permit area, and the receiving stream.
(iii) State the name of the United States Geological Survey 7.5 minute quadrangle map which contains the area shown or described.
(iv) If a map is used, indicate the north point.
(5) The location where a copy of the application is available for public inspection under subsection (b).
(6) The name and address of the Department’s appropriate District or Regional Office to which written comments, objections or requests for public hearings or informal conferences on the application may be directed.
(7) If an applicant seeks to open or expand a pit within 100 feet of the outside line of right-of-way of a public highway; within 300 feet of an occupied dwelling house or commerical or industrial building, unless released by the owner thereof; within 300 feet of a public building, school or community or institutional building; within 300 feet of a public park; or within 100 feet of a cemetery or the bank of a perennial or intermittent stream, the applicant shall give public notice under § 77.504(b)(1) (relating to distance limitations and areas designated as unsuitable for mining).
(b) No later than the first date of the newspaper advertisement under subsection (a), the applicant shall file a complete copy of the application except as provided under § 77.124(a) (relating to public availability of information in permit applications) for the public to copy and inspect at a public office approved by the Department in the county where the noncoal mining activities are to occur.
(c) During the public notification period, the applicant shall notify each property owner within the proposed permit area, by certified mail, of the proposed permit except for surface landowners who have a completed Consent of Landowner form submitted with the application.
(d) Upon acceptance of an application for review, the Department will publish notice of the proposed activities in the Pennsylvania Bulletin.
(e) Upon acceptance of an application for review, the Department will notify, in writing:
(1) Each local government in which the activities are located.
(2) Federal, State and local government agencies with jurisdiction over or an interest in the area of the proposed activities.
(f) The content of the notice shall include:
(1) The application numbers.
(2) The name and business address of the applicant.
(3) Each local government and county in which the operation is located.
(4) The receiving streams.
(5) A brief description of the operation and the location.
(6) The location where a copy of the application may be inspected.
(7) Where comments on the application may be submitted.
Source The provisions of this § 77.121 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 (282314) and (313457) to (313458).
Cross References This section cited in 25 Pa. Code § 77.122 (relating to opportunity for submission of written comments or objections on the permit application); 25 Pa. Code § 77.123 (relating to public hearings—informal conferences); 25 Pa. Code § 77.141 (relating to permit revisions); 25 Pa. Code § 77.142 (relating to public notice of permit revision); 25 Pa. Code § 77.143 (relating to permit renewals); 25 Pa. Code § 77.144 (relating to transfer of permit); 25 Pa. Code § 77.165 (relating to proof of publication); 25 Pa. Code § 86.1 (relating to definitions); and 25 Pa. Code § 86.5 (relating to extraction of coal incidental to noncoal surface mining).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
