§ 77.142. Public notice of permit revision.
(a) A permit revision request is subject to the notice requirements of § 77.121 (relating to public notices of filing of permit applications) under the following circumstances:
(1) For surface mining activities:
(i) Discharging to a different watershed or a change in water treatment facility design which would result in a change in effluent limits or additional discharge points.
(ii) The change of postmining land use.
(iii) A change in the type of reclamation (for example—approximate original contour, terrace, water impoundment, the addition of reclamation fill or other alternative reclamation).
(iv) A physical change in the mine configuration. Physical changes include, but are not limited to, stream diversion structures, new or expanded haul road connections to a public highway, permit area additions, elimination of public highways and increases in approved pit depth.
(v) The addition of blasting to the operation.
(vi) The addition of mineral processing to the mining activity.
(2) For underground mining activities:
(i) Discharging to a different watershed or a change in water treatment facility design which would result in a change in effluent limits or additional discharge points.
(ii) A physical change in the mine configuration. Physical changes include, but are not limited to, stream diversion structures, new or expanded haul road connections to a public highway, permit area additions, elimination of public highways and new openings.
(iii) A change to the postmining land use.
(iv) The addition of mineral processing to the mining activity.
(b) Initiation of new mining or support area is subject to public notice if the plan includes a lateral or vertical change to the previously authorized permit area. Incremental mining within the permit area, as described in the permit application, is not subject to public notice.
(c) Deletion of area from within the permit boundary, with the exception of final bond release area, does not require public notice if the applicant can demonstrate that the area has not been affected by surface mining. Areas affected only by exploration by drilling may be deleted without public notice.
Source The provisions of this § 77.142 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619; amended August 18, 2023, effective August 19, 2023, 53 Pa.B. 5159. Immediately preceding text appears at serial pages (313461) to (313462).
Cross References This section cited in 25 Pa. Code § 77.121 (relating to public notices of filing of permit applications); and 25 Pa. Code § 77.141 (relating to permit revisions).
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