Subchapter H. REQUIREMENTS FOR OPERATION
AND RECLAMATION PLAN
Sec.
77.451. Requirements.
77.452. Operational information.
77.453. Blasting plan.
77.454. Maps and plans.
77.455. Air pollution control plan.
77.456. Reclamation information.
77.457. Protection of hydrologic balance.
77.458. Erosion and sedimentation control plan.
77.459. Stream diversions, water obstructions and encroachments.
77.460. Diversions.
77.461. Dams, ponds, embankments and impoundments.
77.462. Postmining land uses and alternative restoration.
77.463. Surface mining near underground mining.
77.464. Protection of public parks and historic places.
77.465. Public highways.
77.466. Haul roads.
Cross References This subchapter cited in 25 Pa. Code § 77.108 (relating to permit for small noncoal operations).
§ 77.451. Requirements.
As part of a permit application, the applicant shall provide a description of the surface mining activities in the detail required by the Department showing the manner in which this chapter will be met. The description shall include, at a minimum, the information required in this subchapter.
Source The provisions of this § 77.451 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.452. Operational information.
An application shall contain a description of the noncoal mining activities proposed to be conducted within the proposed permit area, including the following:
(1) A description of the type and method of noncoal mining procedures and anticipated annual production.
(2) A description or explanation of the construction, modification, use, maintenance and removal of the following facilities, unless retention of the facilities is approved for postmining land use under § 77.653 (relating to postmining land use):
(i) Impoundments.
(ii) Overburden, topsoil and noncoal waste storage areas.
(iii) Mineral removal, handling, storage, cleaning and transportation areas and other support facilities.
(iv) Water and air pollution control facilities.
(v) Erosion control facilities.
(3) A description or explanation of the relative sequence of surface mining activities and the estimated life of the mine.
Source The provisions of this § 77.452 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.453. Blasting plan.
(a) An application for proposed blasting shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with § § 77.561—77.565 (relating to use of explosives) and including the following:
(1) Drilling patterns, including size, number, depths and spacing of holes.
(2) Charge and packing of holes.
(3) Types of initiation and detonation controls.
(4) Sequence and timing of firing holes.
(5) Scaled distance.
(b) Persons responsible for blasting operations at a blasting site shall be familiar with the blasting plan and site-specific performance standards.
Source The provisions of this § 77.453 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.564 (relating to surface blasting requirements).
§ 77.454. Maps and plans.
(a) An application shall contain maps and plans of the proposed permit area and areas within 1000 feet, except as otherwise designated by the Department, showing the following:
(1) The boundaries of lands to be affected by the proposed operation and the relative sequence of mining and reclamation.
(2) Buildings, utility corridors and facilities which will be used in the operation.
(3) Areas of land for which a bond will be posted under Subchapter D (relating to bonding and insurance requirements).
(4) Mineral storage, processing and loading areas.
(5) Overburden, topsoil, waste and noncoal waste storage areas.
(6) Water diversion, collection, conveyance, sedimentation and erosion control, treatment, storage and discharge facilities to be used.
(7) Air pollution collection and control facilities, if required.
(8) Waste disposal facilities relating to processing or pollution control.
(9) Explosive storage and handling facilities.
(10) The location of each sedimentation pond and permanent water impoundment.
(b) An application for an underground mine shall contain maps and plans as described in subsection (a) and the following:
(1) The proposed extent of the underground mine workings.
(2) Existing and proposed openings to the mine.
(3) Existing underground and surface mines within 1000 feet of the proposed underground mine.
(c) Maps, plans and cross sections required by this section shall be on a scale satisfactory to the Department, but in no event 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 registered professional engineer, or registered professional land surveyor.
Source The provisions of this § 77.454 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.455. Air pollution control plan.
The description shall include an air pollution control plan which includes the following:
(1) A plan for fugitive dust control practices, as required under § 77.575 (relating to air resources protection), and if applicable, how the requirements of Chapters 123 and 127 (relating to standards for contaminants; and construction, modification, reactivation and operation of sources) will be met.
(2) If requested by the Department, an air quality control monitoring program to provide sufficient data to evaluate the effectiveness of the air pollution control plan.
Source The provisions of this § 77.455 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.456. Reclamation information.
An application shall contain a plan for the reclamation of lands within the proposed permit area the following information:
(1) A timetable describing the steps to be taken in the reclamation plan and their relative sequence to each other to meet the requirements of § 77.595 (relating to concurrent reclamation).
(2) An estimate of the cost of reclamation of the proposed operation to be covered by a bond under Subchapter D (relating to bonding and insurance requirements), with supporting calculations for the estimates, under § 77.202 (relating to determination of bond amount).
(3) A plan for backfilling, soil stabilization, compacting and grading, or alternate land use with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area.
(4) A plan for removal, storage and redistribution of topsoil, subsoil and other material to meet the requirements of § § 77.511—77.515 (relating to topsoil).
(5) A plan for revegetation as required in § § 77.611—77.618 (relating to revegetation), including descriptions of the following:
(i) The schedule of revegetation.
(ii) The species and amounts per acre of seeds and seedlings to be used.
(iii) The method to be used in planting and seeding.
(iv) The mulching techniques, if required by the Department.
(v) The irrigation, if appropriate, and pest and disease control measures, if any.
(vi) The techniques proposed to be used to determine the success of revegetation as required in § 77.618 (relating to standards for successful revegetation).
(vii) A soil testing plan for determining nutrients and soil amendments as required by § 77.515 (relating to nutrients and soil amendments).
(6) A description of measures to be employed to ensure that debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of under § 77.596 (relating to covering coal and acid-forming and toxic-forming materials), and a description of the contingency plans which have been developed to preclude sustained combustion of the materials.
(7) A description, including appropriate cross sections and maps, of the measures to be used to plug, case or managed exploration holes, other bore holes, wells and other openings within the proposed permit area, under § 77.503 (relating to casing and sealing of drilled holes).
(8) When applicable, a description, including appropriate cross sections and maps of the measures to be used to close each underground mine opening under § 77.655 (relating to closing of underground mine openings).
Source The provisions of this § 77.456 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619. Immediately preceding text appears at serial page (228211).
Cross References This section cited in 25 Pa. Code § 77.611 (relating to general requirements); and 25 Pa. Code § 77.595 (relating to concurrent reclamation).
§ 77.457. Protection of hydrologic balance.
(a) An application shall contain a description, with appropriate maps and cross sections of the measures to be taken during and after the proposed noncoal mining activities under Subchapter I (relating to environmental protection performance standards), to ensure the protection of the quality and quantity of surface water and groundwater, both within the proposed permit and adjacent areas, from the adverse effects of the proposed noncoal mining activities, and the rights of present users of surface water and groundwater along with a determination of the hydrologic consequences of the proposed noncoal mining activities.
(b) An application shall also contain the following in the detail required by the Department:
(1) A plan for the control, under Subchapter I, of surface water and groundwater drainage into, through and out of the proposed permit and adjacent area.
(2) A plan for the treatment, under Subchapter I, if necessary, of surface water and groundwater drainage from the area to be disturbed by the proposed activities to meet the effluent standards under § 77.522 (relating to effluent standards).
(3) A plan for the collection, recording and reporting of groundwater and surface water quality and quantity data under § 77.532 (relating to surface water and groundwater monitoring).
(4) A determination of the probable effects on the surface water and groundwater of the proposed mining activities, on the proposed permit and adjacent area, with respect to the hydrologic regime and the quantity and quality of water in surface water and groundwater systems, including the parameters the Department deems relevant.
Source The provisions of this § 77.457 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Notes of Decisions Description of Protection
Under subsection (a)(2) of 25 Pa. Code § 77.126, the Department of Environmental Resources may not issue a permit unless the permit application had affirmatively demonstrated that the proposed noncoal surface mining activities can reasonably be accomplished under the operation and reclamation plan contained in the application. Among the information to be included in the operation and reclamation plan was a description of the measures to be taken during and after mining to ensure protection of the rights of present users of surface and groundwater under subsection (a) of this regulation. Plumstead Township v. Department of Environmental Resources, 1995 EHB 741.
Evidence
Evidence was sufficient to calculate the probable effects on the surrounding area. Plumstead Township v. Department of Environmental Resources, 1995 EHB 741.
Permit Application Contents
An applicant for a quarry mining permit must provide detailed information concerning the hydrogeology beneath the site and adjacent areas. Under subsection (a) of this regulation, an application for a noncoal surface mining permit must contain: a description of the measures to be taken to ensure the protection of the quantity and quality of surface and groundwater within and adjacent to the permit area; and a determination of the hydrologic consequences of the proposed mining activities. Furthermore, under subsections (b)(1) and (4), an application must also include: a plan to control surface and groundwater drainage into, through, and out of the permit and adjacent areas; and a determination of the probable effects of mining activities on the hydrologic regime and the quantity and quality of water in surface and groundwater systems. Plumstead Township v. Department of Environmental Resources, 1995 EHB 897.
§ 77.458. Erosion and sedimentation control plan.
An application shall contain the necessary information to demonstrate how the proposed sediment control measures for the surface mining and reclamation operation will meet the requirements of Chapter 102 (relating to erosion and sediment control) and the additional sediment control requirements of § 77.525 (relating to sediment control measures).
Source The provisions of this § 77.458 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.459. Stream diversions, water obstructions and encroachments.
An application shall contain the necessary information to demonstrate how each proposed water obstruction and encroachment will meet the requirements of Chapter 105 (relating to dam safety and waterway management) and § 77.523 (relating to water obstructions and encroachments).
Source The provisions of this § 77.459 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.460. Diversions.
An application shall show the manner in which the applicant plans to divert water from entering the operation under § 77.524 (relating to diversions and conveyance).
Source The provisions of this § 77.460 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.461. Dams, ponds, embankments and impoundments.
(a) An application shall contain a general plan and a design plan in the detail required by the Department for each temporary and permanent dam, pond, embankment or impoundment within the proposed permit area.
(b) The general plan shall contain the following:
(1) A description, map and cross section of the structure and its location.
(2) Preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure if requested by the Department.
(3) A survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.
(c) The design plan for a structure shall:
(1) Be prepared by, or under the direction of, and certified by a registered professional engineer or registered professional land surveyor.
(2) Include design and construction requirements for each structure, including geotechnical information if requested by the Department.
(3) Describe the operation and maintenance requirements for each structure.
(4) Describe the timetable and plans to remove each structure, if appropriate.
(5) Include a stability analysis if the structure is more than 15 feet (4.6 meters) in height as measured from the upstream toe of the embankment to the crest of the emergency spillway or has a storage volume of more than 50 acre feet (61.7 cubic meters).
(d) The design plan of sedimentation ponds shall include the information required by § 77.527 (relating to sedimentation controls).
Source The provisions of this § 77.461 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619. Immediately preceding text appears at serial page (198735).
§ 77.462. Postmining land uses and alternative restoration.
(a) An application shall contain a description and a map showing the proposed use, following reclamation of the land within the proposed permit area.
(b) An application shall contain one of the following:
(1) A description of the operator’s plans to restore the area to be affected by surface mining to approximate original contour. The statement shall demonstrate that the operation will restore the affected land to a condition capable of supporting the uses it was capable of supporting prior to mining or higher or better uses.
(2) A description of the operator’s plans to achieve an alternative to approximate original contouring. The applicant shall:
(i) Show that the alternative to contouring is likely to be achieved.
(ii) Show that the alternative to contouring poses no actual or potential threat to public health or safety, or of water diminution, interruption, contamination or pollution.
(iii) Do one of the following:
(A) Describe the postmining land use and show that:
(I) The proposed postmining land use is compatible with adjacent land use and consistent with applicable land use policies, plans and programs and Federal, State and local law.
(II) The proposed operation will be long term.
(III) The ratio of mineral deposit to overburden is such that AOC backfilling cannot be achieved.
(B) Do the following:
(I) Show that the alternative to contouring:
(-a-) Will improve the watershed of the area.
(-b-) Will leave no highwalls.
(-c-) Has been approved by the landowner in a notarized written statement.
(-d-) Will restore the land to a condition of supporting uses equal to or higher and better than the premining uses.
(II) Describe the postmining land use and demonstrate that the proposed postmining land use has been designed and certified by a registered professional engineer in conformance with professional standards to assure the stability, drainage and configuration necessary for the intended use of the site.
Source The provisions of this § 77.462 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.126 (relating to criteria for permit approval or denial); 25 Pa. Code § 77.632 (relating to restoration); and 25 Pa. Code § 77.653 (relating to postmining land use).
§ 77.463. Surface mining near underground mining.
For surface mining activities within the proposed permit area to be conducted within 500 feet to a point of either an active or abandoned underground mine, the application shall describe the measures to be used to comply with § § 77.561—77.565 (relating to use of explosives).
Source The provisions of this § 77.463 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.464. Protection of public parks and historic places.
For public parks or historic places that may be adversely affected by the proposed operations, an application shall describe the measures to be used to minimize or prevent these impacts and meet the requirements of this title.
Source The provisions of this § 77.464 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.465. Public highways.
If the applicant proposes to relocate a public highway, or conduct surface mining activities within 100 feet of the right-of-way of a public highway, except where the mine access joins that right-of-way, the application shall include a description and necessary drawings, approved by the Department of Transportation or the municipality having jurisdiction over the highway. If approval is not received from the governmental agency having jurisdiction over the public highway, a request to conduct mining activities within 100 feet of the right-of-way of the public highway shall be submitted under § 77.504(b) (relating to distance limitations).
Source The provisions of this § 77.465 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.466. Haul roads.
For each haul road or other transportation facility, the application shall contain a description of the road or facility and appropriate maps, plans, cross sections and specifications to demonstrate compliance with § § 77.631 and 77.632 (relating to general requirements; and restoration).
Source The provisions of this § 77.466 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
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