REVIEW, PUBLIC PARTICIPATION AND APPROVAL,
DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT
TERMS AND CONDITIONS
§ 86.31. Public notices of filing of permit applications.
(a) An applicant for a permit, transfer or renewal, or for revision as required by § 86.54 (relating to public notice of permit revision) shall place at the time of filing an application with the Department, an advertisement in a local newspaper of general circulation in the locality of the proposed coal mining activities at least once a week for 4 consecutive weeks. The advertisement shall contain, at a minimum, the following information:
(1) The name and business address of the applicant.
(2) 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) Indicate the north point, if a map is used.
(3) The location where a copy of the application is available for public inspection under subsection (b).
(4) The name and address of the Department’s appropriate district or regional office to which written comments, objections or requests for informal conferences on the application may be submitted under § § 86.32 and 86.34 (relating to opportunity for submission of written comments or objections on the permit application; and informal conferences).
(5) A concise statement describing the public road, the particular part to be relocated, where the relocation is to occur and the duration of the relocation, if an applicant seeks a permit to mine within 100 feet (30.48 meters) of the outside right-of-way of a public road or to relocate a public road.
(6) If an applicant seeks a variance to conduct coal mining activities within 100 feet (30.48 meters) of a stream, a description of the activities and the name of the stream.
(b) No later than the first date of the newspaper advertisement under subsection (a), the applicant for a new permit, except as provided in § 86.35(a) (relating to public availability of information in permit applications), shall file a complete copy of the application for the public to copy and inspect at a public office approved by the Department in the county where the coal mining activities are to occur. The applicant shall file a subsequent revision of the application for a new permit with that office at the same time the revision is submitted to the Depart-ment. In the case of repermitting under § § 86.12 and 86.14 (relating to continued operation under interim permits; and permit application filing deadlines), permit renewals under § 86.55 (relating to permit renewals: general requirements), permit revisions under § 86.52 (relating to permit revisions) and permit transfers under § 86.56 (relating to transfer of permit), the permittee shall indicate in the public notice that a copy of the permit and accompanying documents is available for inspection and copying at the appropriate district or regional office.
(c) Upon receipt of a complete application, the Department will publish notice of the proposed activities in the Pennsylvania Bulletin and send written notice to the following:
(1) The city, borough, incorporated town or township in which the activities are located.
(2) Sewage and water treatment authorities and water companies that may be affected by the activities.
(3) Governmental planning agencies with jurisdiction to act with regard to land use, air or water quality planning in the area of the proposed activities.
(4) Federal, State and local government agencies with jurisdiction over or an interest in the area of the proposed activities, including, but not limited to, general governmental entities and fish and wildlife and historic preservation agencies.
(d) The content of the notice shall include:
(1) The application number.
(2) The name and address of the applicant.
(3) The township and county in which the operation is located.
(4) The receiving stream.
(5) A brief description of the operation and the location.
(6) The location where a copy of the application may be inspected.
(7) The location where comments on the application may be submitted.
(8) A statement that the application is for a new permit, a renewal of an existing permit or the transfer of an existing permit to a new operator.
(e) The applicant for a permit, transfer or renewal or revision for surface mining activities who proposes to conduct surface mining activities within 125 feet (38.1 meters) of a permitted or registered oil or gas well shall send to each permittee or to any owner or agent of any owner of a permitted or registered oil or gas well a notice, by certified mail, return receipt requested, that the applicant intends to conduct surface mining activities within 125 feet (38.1 meters) of the well. The notice shall include the information required by subsection (a)(1)—(4). The notice shall be sent by certified mail prior to the filing of the surface mining activities permit application with the Department. If the applicant demonstrates that it has made a good faith effort to comply with this requirement by mailing the required notice to the address of record or last known address of the registered well owner or permittee, and the notice has been returned as undeliverable or refused, notice may be deemed made by publication in compliance with subsection (a). Where a permittee under an approved surface mining permit proposes to conduct surface mining activities within 125 feet (38.1 meters) of a permitted or registered oil or gas well, and if publication of the proposed activities is not required, the surface mining permittee shall send the notice required by this subsection by certified mail, return receipt requested, to the owner, agent of an owner or permittee of a permitted or registered oil or gas well within 125 feet (38.1 meters) of the activities at least than 60 days prior to conducting the activities.
Authority The provisions of this § 86.31 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 § 86.31 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 May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (378153) to (378154) and (357463) to (357464).
Cross References This section cited in 25 Pa. Code § 86.32 (relating to opportunity for submission of written comments or objections on the permit application); 25 Pa. Code § 86.34 (relating to informal conferences); 25 Pa. Code § 86.52 (relating to permit revisions); 25 Pa. Code § 86.54 (relating to public notice of permit revision); 25 Pa. Code § 86.55 (relating to permit renewals: general requirements); 25 Pa. Code § 86.56 (relating to transfer of permit); 25 Pa. Code § 86.70 (relating to proof of publication); 25 Pa. Code § 86.129 (relating to coal exploration on areas designated as unsuitable for surface mining operations); 25 Pa. Code § 87.62 (relating to operational information); 25 Pa. Code § 88.42 (relating to operational plan: general information); 25 Pa. Code § 90.31 (relating to general requirements); and 25 Pa. Code § 290.104 (relating to beneficial use at coal mining activity sites).
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