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PA Bulletin, Doc. No. 99-2138


Coal Mining: Water Supply Replacement and Bond Release

[29 Pa.B. 6375]

   The Department of Environmental Protection (Department), Bureau of Mining and Reclamation announces the development of several new forms that may affect coal mine operators. Use of these forms is consistent with the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.31) and the Department's regulations in 25 Pa. Code Chapters 86--88 (relating to surface and underground coal mining: general; surface mining of coal; and anthracite coal). The new forms should be used immediately; the forms that they replace will not be accepted after December 31, 1999.

Water Supply Waivers

   Coal mine operators whose surface mining activities and bituminous underground mining activities affect a water supply must replace or restore the affected supply with an alternate source of water. The alternate water source must be adequate in quantity and quality for the purposes served by the original supply. Water supply waiver forms are used to document a landowner's acceptance of a lesser replacement supply or the landowner's intent to abandon the original water supply. On May 9, 1998, the Department amended its regulations to require water supply replacement waivers to be on forms developed by the Department and, most importantly, to be recorded with the appropriate recorder of deeds. These requirements can be found in 25 Pa. Code § 87.119 (relating to hydrologic balances: water rights and replacement for bituminous coal surface mining activities; and § 88.107 (relating to hydrologic balance: water rights and replacement) for anthracite coal surface mining activities and bank removal.

   Copies of the waiver forms, ''Consent to a Lesser Water Supply Agreement'' (5600-FM-MR0110) and ''Abandonment of Water Supply Agreement'' (5600-FM-MR0111), may be obtained from the District Mining Office. The forms may also be downloaded from the Department's web page at (choose Subjects/Mineral Resources/Bureau of Mining and Reclamation). The District Mining Offices will continue to accept properly recorded waivers on other forms until December 31, 1999. However, beginning January 1, 2000, the Department will accept only waivers that are on the new Department form.

Bond Release Completion Report

   The Department has revised the ''Coal Completion Report'' (5600-FM-MR0370). Permittees use this form when applying for a bond release. The form was revised because of changes to the regulations and to provide the Department more complete information on the amount of remining performed by the permittee. Copies of the new ''Coal Completion Report'' may be obtained from the District Mining Office. The form may also be downloaded from the Department's web site at (choose Subjects/Mineral Resources/Bureau of Mining and Reclamation).

   The new form may be used immediately. The District Offices will accept the old forms until December 31, 1999. After January 1, 2000, the District Mining Offices will accept only the new forms.


[Pa.B. Doc. No. 99-2138. Filed for public inspection December 17, 1999, 9:00 a.m.]

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