Subchapter A. GENERAL PROVISIONS

PRELIMINARY PROVISIONS

Sec.

88.1.    Definitions.
88.2.    Scope.

ANTHRACITE COAL MINING ACTIVITIES: APPLICATION
REQUIREMENTS AND PREMINING RESOURCES

88.21.    Responsibilities.
88.22.    General environmental resource information.
88.23.    Description of hydrology and geology: general requirements.
88.24.    Geology.
88.25.    Groundwater.
88.26.    Surface water information.
88.27.    Alternative water supply information.
88.28.    Climatology.
88.29.    Vegetation information.
88.30.    Description of land use.
88.31.    Maps and plans.
88.32.    Prime farmland investigation.
88.33.    Fish and wildlife resource information.

OPERATION AND RECLAMATION PLAN

88.41.    Operation plan: requirements.
88.42.    Operation plan: general information.
88.43.    Operation plan: existing structures.
88.44.    Operation maps and operation plans.
88.45.    Blasting.
88.46.    Reclamation plan: requirements.
88.48.    Air pollution control plan.
88.49.    Protection of hydrologic balance.
88.50.    Erosion and sedimentation control plan.
88.51.    Stream diversions, obstructions and encroachments.
88.52.    Diversions.
88.53.    Dams, ponds, embankments and impoundments.
88.54.    Surface mining near underground mining.
88.55.    Postmining land uses.
88.56.    Protection of public parks and historic places.
88.57.    Public roads.
88.58.    Disposal of excess spoil.
88.59.    Coal refuse disposal.
88.60.    Haul roads, access roads and other transportation facilities.
88.61.    Prime farmlands.
88.62.    Fish and wildlife protection and enhancement plan.

Cross References

   This subchapter cited in 25 Pa. Code §  86.5 (relating to extraction of coal incidental to noncoal surface mining); 25 Pa. Code §  88.133 (relating to postmining land use); 25 Pa. Code §  88.221 (relating to postmining land use); 25 Pa. Code §  88.334 (relating to postdisposal land use); 25 Pa. Code §  88.501 (relating to scope); 25 Pa. Code §  88.504 (relating to application for authorization); 25 Pa. Code §  88.505 (relating to approval or denial); and 25 Pa. Code §  88.506 (relating to operational requirements).

PRELIMINARY PROVISIONS

§ 88.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   AOC—Approximate original contour.

   Abandoned—An operation where no coal has been produced or overburden removed for 6 months, verified by monthly reports submitted to the Department by the operator and by inspections made by the Department, unless an operator within 30 days after receipt of notification by the Secretary determining an operation abandoned submits sufficient evidence to the Secretary that the operation is in fact not abandoned and submits a timetable satisfactory to the Secretary regarding plans for the reactivation of the operation.

   Access roads—Roads located and constructed or reconstructed for minimal or infrequent use to transport equipment and personnel to current and future activity sites.

   Acid drainage—Water with a pH of less than 6 and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned surface coal mine and reclamation operation or from an area affected by surface coal mining activities.

   Acid-forming materials—Earth materials that contain sulfide minerals or other materials which, if exposed to air, water or weathering processes, form acids that may create acid drainage.

   Adjacent area—Land outside the permit area, where air, surface or groundwater, fish and wildlife, vegetation or other resources protected by this chapter may be adversely affected by surface coal mining activities.

   Affected area—Land or water upon or in which surface mining activities are conducted or located. The term includes land in which the natural land surface has been disturbed as a result of or incidental to the surface activities of the operator, including, but not limited to, private ways and roads appurtenant to the area, land excavations, workings, refuse banks, spoil banks, culm banks, tailings, repair areas, storage areas, processing areas, shipping areas and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from or are used in, surface mining operations are situated. The term also includes lands affected by the construction of new roads or the improvement of existing roads to gain access to the site or for hauling from the site.

   Anthracite mining activities—Operations handling anthracite coal or anthracite coal-related material, including, but not limited to, surface mining, the surface affected by underground mining, bank recovery and reclamation, coal refuse disposal and coal preparation plant activity, except when an operation is specifically modified or exempted from this definition.

   Aquifer—A zone, stratum or group of strata that can store and transmit water in sufficient quantities for a known specific use.

   Bank removal and reclamation activities—The process of extracting anthracite coal from coal banks which will be disturbed or affected in any manner during the mining.

   Best technology currently available—Equipment, devices, systems, methods or techniques which will:

     (i)   Prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable State or Federal laws.

     (ii)   Minimize, to the extent possible, disturbances and adverse impacts on fish and wildlife and related environmental values, and achieve enhancement of those resources where practicable. The term includes equipment, devices, systems, methods or techniques which are currently available anywhere as determined by the Secretary, even if they are not in routine use. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, scheduling of activities and design of sedimentation ponds in accordance with this chapter.

   Blast—A detonation of explosives.

   Blasting—The detontation of explosives.

   Bottom rock—The rock stratum upon which a coal seam rests, which is the underclay or seat-earth which stratigraphically underlies the coal seam except in complex geologic settings such as overturned folds. The term is synonymous with the highwall in most anthracite mining operations.

   Coal bank—Silt dams, refuse banks, culm banks, waste banks and similar storage areas into which materials including anthracite coal have been deposited by raw coal dumping, coal cleaning, rejection processes and similar procedures during deep mine and surface mine operations from which existing coal products can be extracted and marketed.

   Coal preparation activity—An operation in which coal is subject to chemical or physical processing or cleaning, concentrating or other processing or preparation. The term includes a facility associated with the coal preparation activity and the activity by which the land surface has been or is disturbed as a result of or incidental to coal preparation activity of the operator, including, but not limited to, the following:

     (i)   Private ways and roads appurtenant to the area, land excavations and loading facilities.

     (ii)   Storage and stockpile facilities.

     (iii)   Sheds, shops and other buildings.

     (iv)   Water treatment and water storage facilities.

     (v)   Settling basins and impoundments.

     (vi)   Areas in which are situated facilities, equipment, machines, tools or other materials or property which result from, or are used in, the coal preparation activity.

   Coal processing waste—Earth materials which are separated and wasted from the product coal during cleaning, concentrating or other processing or preparation of coal.

   Coal refuse—A waste coal, rock, shale, slurry, culm, gob, boney, slate, clay and related materials, associated with or near a coal seam, which are either brought aboveground or otherwise removed from a coal mine in the process of mining coal or which are separated from coal during the cleaning or preparation operations. The term includes underground development waste, coal processing waste and excess spoil; the term does not mean overburden from surface mining operations.

   Combustible material—Material that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise.

   Common use roads—These accessways are existing roadways that normally are utilized by two or more operators, agencies or persons, or both, for access, safety, fire protection and other common purposes.

   Compaction—The increase of the density of a material by reducing the voids between the particles and is generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track or roller loads from heavy equipment.

   Contouring—Reclamation of the land affected to AOC so that it closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain with no highwall, spoil piles or depressions to accumulate water and with adequate provision for drainage; provided, that in the discretion of the Department, diversion structures and impoundments may be constructed on the reclaimed area of the operation if they are part of an approved drainage control plan, meet all applicable requirements of law and do not interfere with the attachment of AOC.

   Contour mining—The type of surface mining where the coal is mined along the contour of its outcrop, generally in successive cuts. In anthracite surface mining operations, the term is generally synonymous with modified block-cut mining.

   Cropland—Land used for the production of adapted crops for harvest, alone or in rotation with grasses and legumes, including row crops, small grain crops, hay crops, nursery crops, orchard crops and other similar agronomic and horticultural crops. The term does not include land primarily used for pastureland or pastureland occasionally used or cut for hay.

   Degree—The inclination from the horizontal.

   Disturbed area—An area where vegetation, soil or overburden is removed or upon which soil, spoil, coal processing waste or noncoal waste is placed by surface coal mining activities. Those areas are classified as disturbed until reclamation is complete, and the performance bond or other assurance of performance required by Chapter 86 Subchapter F (relating to bonding and insurance requirements) is released.

   Diversion—A channel, embankment or other manmade structure constructed at a controlled slope to divert water from one area to another.

   Dry weather flow—The base flow or surface discharge from an area or treatment facility which occurs immediately prior to a precipitation event and which resumes 24 hours after the precipitation event ends.

   Embankment—An artificial deposit of material that is raised above the natural surface of the land and used to contain, divert or store water; support roads or railways; or for other similar purposes.

   Ephemeral stream—A water conveyance which lacks substrates associated with flowing waters and flows only in direct response to precipitation in the immediate watershed or in response to melting snowpack and which is always above the local water table.

   Fugitive dust—That particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or surface coal mining activities, or both. During surface coal mining activities, it may include emissions from haul roads; wind erosion of exposed surfaces, storage piles and spoil piles; reclamation operations and other activities in which material is either removed, stored, transported or redistributed.

   Ground cover—The area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally onsite, expressed as a percentage of the total area of measurement.

   Groundwater—All subsurface waters of the Commonwealth.

   Haul road—Roads that are planned, designed, located, constructed, reconstructed or improved, utilized and maintained for the transportation of equipment, fuel, personnel, coal, spoil and other operating resources from a public road to points within the surface mine or between principal operations on the mine site or both, but not including roads within the pit or on unreclaimed spoil areas. The term includes public roads that are used as an integral part of the coal mining activity.

   Highwall—The face of exposed overburden and coal in an open cut of a surface coal mine activity or for entry to underground mining activities. There may be more than one highwall in an anthracite surface mine depending on the geologic structure and the configuration of the open cut. The term includes, but is not limited to, the bottom rock of a coal mine with steeply inclined coal seams.

   Historically used for cropland—One of the following:

     (i)   Lands that have been used for cropland for 5 years or more out of the 10 years immediately preceding their acquisition—including purchase, lease or option—for the purpose of conducting or allowing, through resale, lease or option, surface coal mining activities.

     (ii)   Lands that the Department determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific 5-year-in-10 criterion, in which case, the provisions for prime farmland in this chapter may be applied to include more years of cropland history only to increase the prime farmland acreage to be preserved.

     (iii)   Lands that have been controlled for purposes other than cropland and that would likely have been used for cropland in any 5 out of the last 10 years if the lands have been acquired 10 or more years ago by a person other than the current owner.

   Hydrologic balance—The relationship between the quality and quantity of water inflow to, water outflow from and water storage in a hydrologic unit, such as a drainage basin, aquifer, soil zone, lake or reservoir. It encompasses the dynamic relationships among precipitation, runoff, evaporation and changes in groundwater and surface water storage.

   Impoundment—A closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water, sediment or waste.

   Intermittent stream—A body of water flowing in a channel or bed composed primarily of substrates associated with flowing water, which during periods of the year, is below the local water table and obtains its flow from both surface runoff and groundwater discharges.

   Land—The surface of the land upon which surface mining is conducted.

   Land use—Specific uses or management-related activities, rather than the vegetation or cover of the land. Land uses may be identified in combination when joint or seasonal uses occur. A change of land use from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the Department. The term is further defined as:

     (i)   Cropland. Land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops and other similar specialty crops. Land used for facilities in support of cropland farming operations which is adjacent to or an integral part of these operations is also included.

     (ii)   Pastureland or land occasionally cut for hay. Land used primarily for the long-term production of adopted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed. Land used for facilities in support of pastureland or land occasionally cut for hay which is adjacent to or an integral part of these operations is also included.

     (iii)   Forestland. Land used for the long-term production of wood, wood fiber or wood-derived products; watershed protection or site stabilization and for the production, protection and management of species of fish and wildlife. Land used for facilities in support of forestry and watershed management operations which is adjacent to or an integral part of these operations is also included.

     (iv)   Commercial forestland. Land used or managed primarily for the long-term production of wood, wood fiber or wood-derived products. Land used for facilities in support of forest harvest and management operations which is adjacent to or an integral part of these operations is also included.

     (v)   Residential. Includes single- and multiple-family housing, mobile home parks and other residential lodgings. Land used for facilities in support of residential operations which is adjacent to or an integral part of these operations is included. Support facilities include, but are not limited to, vehicle parking and open space that directly relate to the residential use.

     (vi)   Industrial/commercial. Land used for the following:

       (A)   Extraction or transformation of materials for fabrication of products. This includes all heavy and light manufacturing facilities such as lumber and wood processing, chemical manufacturing, petroleum refining and fabricated metal products manufacture. Land used for facilities in support of these operations which is adjacent to or an integral part of that operation is also included. Support facilities include, but are not limited to, all rail, road and other transportation facilities.

       (B)   Retail or trade of goods or services, including hotels, motels, stores, restaurants and other commercial establishments. Land used for facilities in support of commercial operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, parking, storage or shipping facilities.

     (vii)   Recreation. Land used for developed recreation facilities such as parks, camps and other developed recreational uses.

     (viii)   Fish and wildlife habitat. Land and water used wholly or partially for the production, protection or management of species of fish or wildlife.

     (ix)   Developed water resources. Land used for storing water for beneficial uses such as stockponds, irrigation, fire protection, flood control and water supply.

     (x)   Unmanaged natural habitat. Idle land which does not require a specific management plan after the reclamation and revegetation have been accomplished.

   Mine opening blasting—Blasting conducted for the purpose of constructing a shaft, slope, drift or tunnel mine opening for an underground mine, either operating or under development from the surface down to the point where the mine opening connects with the coal seam to be or being extracted.

   Modified block-cut mining—The type of surface mining where the mining progresses along the contour or outcrop or strike of the coal seam by extracting successive blocks of overburden and coal. In anthracite surface mining operations, the term is generally synonymous with contour mining. The term may include multiple surface mining pits concurrently operated within the permit area if the total length of all of the pits is less than 1,500 feet, unless a pit length variance is granted by the Department under §  88.115(c)(1) (relating to backfilling and grading: general requirements).

   Mulch—Vegetation residue or other suitable materials that are placed on the soil surface to aid in soil stabilization and soil moisture conservation, thus providing microclimatic conditions suitable for seed germination and plant growth.

   Noxious plants—Species that have been included on the official Pennsylvania list of noxious plants for the Commonwealth.

   Open pit mining—The type of surface mining operation involving one or more of the following:

     (i)   Basin removal operations where the open pit encompasses the entire cross section of a synclinal basin or a significant portion thereof unless the cross section of the synclinal basin is relatively narrow, less than 1,500 feet in width, in which case the operation will be classified as modified block-cut mining upon a demonstration by the operator that the requirements of §  88.115(c)(1) are met.

     (ii)   Area mining operations.

     (iii)   Overburden haul back operations.

     (iv)   Mining operations where multiple seams are being mined concurrently within a single mining phase or multiple mining phases, if the sequence of mining and reclamation operations are controlled by this phase mining plan developed by the coal operator and the timing of backfilling and grading operations is controlled by the backfilling schedule approved by the Department.

   Operation and maintenance costs—All costs incurred by the water supply owner or water supply user associated with utilizing that supply for the purposes served. Examples of these costs include electricity, chemicals, treatment system maintenance, public water fees and equipment replacement costs.

   Outslope—The face of the spoil or embankment sloping downward from the highest elevation to the toe.

   Overburden—The strata or material overlying a coal deposit or in between coal deposits in its natural state and includes material before or after its removal by surface mining.

   Perennial stream—A body of water flowing in a channel or bed composed of substrates associated with flowing waters and is capable, in the absence of pollution or other manmade stream disturbances, of supporting a benthic macroinvertebrate community which is composed of two or more recognizable taxonomic groups of organisms which are large enough to be seen by the unaided eye and can be retained by a United States Standard No. 30 sieve (28 meshs per inch, 0.595 millimeter openings) and live at least part of their life cycles within or upon available substrates in a body of water or water transport system.

   Permanent diversion—A diversion which is to remain after surface coal mining activities are completed which has been approved for retention by the Department.

   Permit area—The land and water within the boundaries of the permit which are designated on the permit application maps, as approved by the Department. This area includes all areas which are or will be affected by the coal mining activities during the term of the permit.

   Precipitation event—A quantity of water resulting from drizzle, rain, snow, sleet or hail in a limited period of time. It may be expressed in terms of recurrence interval.

   Prime farmland—Lands that are so defined by the United States Secretary of Agriculture in 7 CFR 657.5(a) (relating to identification of important farmlands) and that have been historically used for cropland as that phrase is defined in this section.

   Recharge capacity—The ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.

   Reclamation—Actions taken to restore mined land as required by this chapter to a postmining land use approved by the Department.

   Recurrence interval—The interval of time in which a precipitation event is expected to occur once, on the average. For example, the 10-year, 24-hour precipitation event is expected to occur on the average once in 10 years.

   Road—A surface right-of-way for purposes of travel by land vehicles used in coal exploration or surface coal mining and reclamation operations. A road consists of the entire area within the right-of-way, including the roadbed shoulders, parking and side area, approaches, structures, ditches, surface and such contiguous appendages as are necessary for the total structure. The term includes access and haul roads constructed, used, reconstructed, improved or maintained for use in coal exploration or surface coal mining activities, including use by coal-hauling vehicles leading to transfer, processing or storage areas.

   Safety factor—The ratio of the available shear strength to the developed shear stress, or the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices.

   Sedimentation pond—A primary sediment control structure designed, constructed and maintained and, including, but not limited to, a barrier, dam or excavated depression which detains water runoff to allow sediment to settle out. The term may not include secondary sedimentation control structures, such as straw dikes, riprap, check dams, mulches, dugouts and other measures that reduce overland flow velocity, reduce runoff volume or trap sediment, to the extent that the secondary sedimentation structures drain to a sedimentation pond.

   Slope—Average inclination of a surface, measured from the horizontal, generally expressed as the ratio of a unit of vertical distance to a given number of units of horizontal distance, for example, lv:5h. It may also be expressed as a percent or in degrees.

   Soil—The best available vegetation-supporting material.

   Soil survey—A field classification and laboratory analysis of soils in an area resulting in a map showing the geographic distribution of soils and an accompanying report that describes, classifies and interprets the soils for use. Soil surveys shall meet the standards of the National Cooperative Soil Survey.

   Spoil—Overburden and reject material that has been removed during surface coal mining operations.

   Spoil pile—The overburden and reject minerals as piled or deposited in surface mining.

   Stabilize—To control movement of soil, spoil piles or areas of disturbed earth by modifying the geometry of the mass, or by otherwise modifying physical or chemical properties, such as by providing a protective surface coating.

   Stratum or strata—A section of geologic formation that consists throughout of approximately the same kind of rock material; a stratum may consist of an indefinite number of beds.

   Substrates—Inorganic sediments which are 0.05 millimeters in diameter or larger, and include coarse sands, granules, pebbles, cobbles or boulders, based on Wentworth’s Classification.

   Surface mining activities—The surface mining of anthracite coal as well as the surface where anthracite coal is or is likely to be uncovered, disturbed or affected in any manner during the mining.

   Suspended solids—Expressed as milligrams per liter, means organic or inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the EPA’s regulations for wastewater and analyses (40 CFR 136 (relating to guidelines establishing test procedures for the analysis of pollutants)).

   Temporary diversion—A diversion of a stream or overland flow which is used during surface coal mining activities and not approved by the Department to remain after reclamation as part of the approved postmining land use.

   Terracing—Grading where the steepest contour of the highwall shall not be greater than 35° from the horizontal, with the table portion of the restored area a nearly level plain without depressions to hold water and with adequate provision for drainage, unless otherwise approved by the Department.

   Toxic-forming materials—Earth materials or wastes which, if acted upon by air, water, weathering or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.

   Underground mine pool—An abandoned anthracite underground mine whose workings lie wholly or partially below the normal water table and whose workings have flooded when mining operations ceased.

   Water supply—For the purpose of § §  88.27 and 88.107a (relating to alternative water supply information; and hydrologic balance: water rights and replacement), an existing, designated, or currently planned source of water, facility, or system for the supply of water for human consumption or for agricultural, commercial, industrial or other uses. Natural soil moisture utilized by vegetation or crops is not a water supply.

   Water supply owner—Landowner or water supply company.

   Water table—The upper surface of a zone of saturation where the body or groundwater is not confined by an overlying impermeable zone.

Authority

   The provisions of this §  88.1 amended under sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § §  1396.4(a) and 1396.4b); section 11 of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. §  3311); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § §  510-17 and 510-20); section 5 of The Clean Streams Law (35 P.S. §  69.15); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. §  30.53b); and section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. §  1406.7(b)).

Source

   The provisions of this §  88.1 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended November 18, 1988, 18 Pa.B. 5155, effective August 25, 1989, 19 Pa.B. 3674; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended April 9, 1993, effective April 10, 1993, 23 Pa.B. 1711; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2215; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4355; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508; amended June 25, 2021, effective June 26, 2021, 51 Pa.B. 3449. Immediately preceding text appears at serial pages (400937) to (400947).

Cross References

   This section cited in 25 Pa. Code §  88.503 (relating to applicability).

§ 88.2. Scope.

 This chapter specifies certain specific procedures and rules for those who engage in anthracite coal mining activities. General rules and procedures for those who engage in anthracite coal mining activities are provided in Chapter 86 (relating to surface and underground coal mining: general).

Source

   The provisions of this §  88.2 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

ANTHRACITE COAL MINING ACTIVITIES: APPLICATION
REQUIREMENTS AND PREMINING RESOURCES

§ 88.21. Responsibilities.

 A permit application shall contain a description of the existing conditions within the proposed permit and adjacent area that may be affected by the proposed anthracite coal surface mining activities. The description shall include the information required in § §  88.22—88.31.

Source

   The provisions of this §  88.21 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (95875).

Cross References

   This section cited in 25 Pa. Code §  86.81 (relating to program services); and 25 Pa. Code §  86.261 (relating to program services).

§ 88.22. General environmental resource information.

 Each application shall describe and identify:

   (1)  The location and extent of the proposed anthracite coal surface mining activities for which a permit is being sought and an identification of the size,sequence and timing of those lands adjacent to the proposed permit area for which it is anticipated that individual permits for mining will be sought.

   (2)  The nature of archaeological, cultural and historic resources listed on or eligible for listing on the National Register of Historic Places and known archaeological features within the permit and adjacent areas. The description shall be based on available information, including, but not limited to, data of the Historical and Museum Commission and local archaeological, historical and cultural preservation agencies. The Department may require the applicant to identify and evaluate important historic and archaeological resources that may be eligible for listing on the National Register of Historic Places, through one or more of the following:

     (i)   The collection of additional information.

     (ii)   The conducting of field investigations.

     (iii)   Other appropriate analysis.

Source

   The provisions of this §  88.22 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075. Immediately preceding text appears at serial page (158909).

Cross References

   This section cited in 25 Pa. Code §  86.81 (relating to program services); 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.21 (relating to responsibilities).

§ 88.23. Description of hydrology and geology: general requirements.

 (a)  Each application shall contain a description, in accordance with this section and § §  88.24 and 88.25 (relating to geology; and groundwater) of the geology, hydrology and water quality and quantity of all lands within the proposed permit area, the adjacent area and the general area. The description shall include information on the characteristics of all surface waters and groundwaters within the general area, and any water which will flow into or receive discharges of water from the general area.

 (b)  Information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed permit area may be obtained from an appropriate Federal or State agency. If this information is not available from those agencies, the applicant may gather and submit this information to the Department as part of the permit application. However the permit shall not be approved until this information is made available in the application.

 (c)  The use of modeling or other predictive techniques may be included as part of the permit application, but the same surface water and groundwater information may be required for each site as when models are not used.

Source

   The provisions of this §  88.23 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (95876).

Cross References

   This section cited in 25 Pa. Code §  86.81 (relating to program services); 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.21 (relating to responsibilities).

§ 88.24. Geology.

 (a)  An application shall contain a description of the geology within the proposed permit and adjacent area down to and including the aquifer system or known existing deep mine that may be affected below the lowest coal seam, bank or refuse disposal area to be affected.

 (b)  Old colliery maps, geological maps, geological reports, breaker or coal preparation analysis reports and other sources as needed shall be used to provide the following description:

   (1)  The location of the mine pool or subsurface water.

   (2)  The stratigraphy and thickness of the coal and overburden.

   (3)  The structure within the proposed permit and its relationship to the structure of the general area.

   (4)  Chemical analyses of the coal and overburden.

     (i)   The analyses shall identify coal and overburden that may contain acid-forming or toxic-forming materials to determine their content. The analyses of the coal shall include total sulfur.

     (ii)   The applicant may request the Department to waive the analyses in whole or in part. The waiver may be granted if the Department makes a written determination that the analyses are not necessary because other equivalent information is available to the Department in a satisfactory form.

   (5)  The location, identification and status of other mining within or adjacent to the proposed permit area.

   (6)  Other analysis the Department deems relevant.

 (c)  Except for bank removal and reclamation activities, test borings or core samplings shall be collected and analyzed within the proposed permit area if required by the Department to provide further evaluation data if adequate data to determine a hydrologic balance impact is not available from other sources.

Authority

   The provisions of this §  88.24 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); The Clean Streams Law (35 P. S. § §  691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

Source

   The provisions of this §  88.24 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial page (199040).

Cross References

   This section cited in 25 Pa. Code §  86.81 (relating to program services); 25 Pa. Code §  86.261 (relating to program services); 25 Pa. Code §  88.21 (relating to responsibilities); 25 Pa. Code §  88.23 (relating to description of hydrology and geology: general requirements); and 25 Pa. Code §  88.25 (relating to groundwater).

§ 88.25. Groundwater.

 (a)  The application shall contain a description of the groundwater hydrology for the proposed permit and adjacent area, including, at a minimum:

   (1)  The depths to groundwater or deep mine pool over the general area.

   (2)  The hydrologic characteristics of the strata described in §  88.24 (relating to geology).

   (3)  The uses of the groundwater.

   (4)  The chemical characteristics of typical groundwaters in the area, including a description of known groundwater quality problems. At a minimum, water quality descriptions shall include total dissolved solids or specific conductance corrected to 25°C, pH, total iron, total manganese, alkalinity, acidity and sulfates.

 (b)  The application shall contain additional information which describes the storage and discharge characteristics of the groundwater for the permit and adjacent area and the quality and quantity of groundwater, according to the parameters and in the detail required by the Department.

Authority

   The provisions of this §  88.25 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); The Clean Streams Law (35 P. S. § §  691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

Source

   The provisions of this §  88.25 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial page (199041).

Cross References

   This section cited in 25 Pa. Code §  86.81 (relating to program services); 25 Pa. Code §  86.261 (relating to program services); 25 Pa. Code §  88.21 (relating to responsibilities); 25 Pa. Code §  88.23 (relating to description of hydrology and geology: general requirements); 25 Pa. Code §  88.49 (relating to protection of hydrologic balance); and 25 Pa. Code §  88.381 (relating to general requirements).

§ 88.26. Surface water information.

 (a)  An application shall contain a description of the surface waters, including the name of the watershed which will receive water discharges, the location of all surface water bodies, such as streams, lakes, ponds and springs, deep mine discharges and seeps and descriptions of surface drainage systems within the proposed permit and adjacent areas.

 (b)  Surface water information shall include the following:

   (1)  The surface elevations and rate of flow of all springs, seeps and any deep mine discharges located within and adjacent to the proposed permit area.

   (2)  Water quality and quantity data to identify the characteristics of surface waters in, discharging into, or which will receive flows from surface water or groundwater from the proposed permit area, sufficient to identify seasonal variations, showing the following:

     (i)   Total dissolved solids in milligrams per liter or specific conductance in micromhos per centimeter corrected to 25°C.

     (ii)   Total suspended solids in milligrams per liter.

     (iii)   Acidity in milligrams per liter.

     (iv)   pH in standard units.

     (v)   Total iron in milligrams per liter.

     (vi)   Total manganese in milligrams per liter.

     (vii)   Alkalinity in milligrams per liter.

     (viii)   Sulfates in milligrams per liter.

     (ix)   Total aluminum in milligrams per liter.

     (x)   Other information the Department determines to be relevant.

Authority

   The provisions of this §  88.26 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); The Clean Streams Law (35 P. S. § §  691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

Source

   The provisions of this §  88.26 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (199041) to (199042).

Cross References

   This section cited in 25 Pa. Code §  86.81 (relating to program services); 25 Pa. Code §  86.261 (relating to program services); 25 Pa. Code §  88.21 (relating to responsibilities); 25 Pa. Code §  88.49 (relating to protection of hydrologic balance); and 25 Pa. Code §  88.381 (relating to general requirements).

§ 88.27. Alternative water supply information.

 The application shall identify the extent to which the proposed anthracite coal surface mining activities may result in contamination, diminution or interruption of any water supply within the proposed permit or adjacent area. If contamination, pollution, diminution or interruption may result, then the description shall identify the means to restore or replace the affected water supply in accordance with Subchapters B, C or D (relating to surface anthracite coal mines: minimum environmental protection performance standards; anthracite bank removal and reclamation: minimum environmental protection performance standards; and anthracite refuse disposal: minimum environmental protection performance standards), including cost calculations. The Department will notify the owner of any potentially affected supply.

Authority

   The provisions of this §  88.27 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 §  88.27 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended June 25, 2021, effective June 26, 2021, 51 Pa.B. 3449. Immediately preceding text appears at serial page (244141).

Cross References

   This section cited in 25 Pa. Code §  86.81 (relating to program services); 25 Pa. Code §  86.261 (relating to program services); 25 Pa. Code §  88.1 (relating to definitions); and 25 Pa. Code §  88.21 (relating to responsibilities).

§ 88.28. Climatology.

 When requested by the Department, the application shall contain a statement of the climatological factors that are representative of the proposed permits and adjacent area. The statement shall contain the information the Department deems relevant to ensure compliance with the requirements of this chapter.

Source

   The provisions of this §  88.28 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92540).

Cross References

   This section cited in 25 Pa. Code §  88.21 (relating to responsibilities).

§ 88.29. Vegetation information.

 An application shall contain a description of the extent of cover, in percent ground cover, of the natural vegetation within the proposed permit area.

Source

   The provisions of this §  88.29 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.21 (relating to responsibilities).

§ 88.30. Description of land use.

 (a)  An application shall contain a statement and map of the uses, condition, capability and productivity of the land within the proposed permit area, including:

   (1)  The uses of the land existing at the time of application, including the prior use of the land if the land use has changed within 5 years prior to the time of application, and the uses which preceded mining if the land has been previously mined and not reclaimed.

   (2)  The capability of the land to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the proposed permit area.

   (3)  The productivity of cropland, pastureland or land occasionally cut for hay or commercial forest expressed as average yield of food, fiber, forage or wood products from the lands obtained under high levels of management. The productivity shall be determined by yield data or estimate for similar sites based on current data from the United States Department of Agriculture or the Pennsylvania Department of Agriculture.

 (b)  An application shall contain a description of the existing land uses and land use classifications under local law, if any, of the proposed permit and adjacent areas.

Source

   The provisions of this §  88.30 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13. Immediately preceding text appears at serial page (92541).

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services); 25 Pa. Code §  88.21 (relating to responsibilities); and 25 Pa. Code §  88.381 (relating to general requirements).

§ 88.31. Maps and plans.

 (a)  An application shall contain maps and plans for the proposed permit and adjacent area showing the following:

   (1)  The boundaries and the names of present owners of record of land, both surface and subsurface, for the proposed permit and adjacent lands; and the boundaries of the land within the proposed permit area which the applicant has the legal right to enter and begin anthracite coal mining activities.

   (2)  The boundaries of the land to be affected.

   (3)  The boundaries of the areas proposed to be affected over the estimated total life of the proposed operation.

   (4)  The location, names of the owners, and the current use of buildings on and within 1,000 feet of the perimeter of the proposed permit area.

   (5)  The location and the names of public roads, railroads, utility lines and other surface and subsurface manmade features within or adjacent to the proposed permit area.

   (6)  The location and principals of current public and private surface water supplies that have intakes on the receiving stream within 10 miles downstream of the proposed permit area, public water supplies on or within 1/2 mile of the affected area, and private water supplies on or within 1,000 feet of the proposed permit area.

   (7)  The location and elevations of monitoring stations, springs and wells.

   (8)  The boundaries of land within the proposed permit adjacent area identified in Chapter 86, Subchapter C (relating to small operator assistance program) as unsuitable, limited or prohibited to mining.

   (9)  The boundaries of public parks and locations of cultural or historical resources listed on or eligible for listing on the National Register of Historic Places and known archaeological sites within the permit and adjacent area.

   (10)  Each known public or private cemetery or Indian burial ground located in or within the permit or adjacent area.

   (11)  Land within the proposed permit and adjacent area which is within the boundaries of the National Trails System or the Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C.A. §  1276(a)).

   (12)  The drainage area above and below the proposed permit area and the location and names of surface water bodies, such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the affected and adjacent areas.

   (13)  The municipality or township and county and, if in a township, the nearest municipality.

   (14)  The elevation and location of test borings and core samplings if utilized.

   (15)  The nature, depth and thickness of the coal or rider seams and each stratum of overburden to the depth of the stratum immediately below the lowest coal seam to be mined.

   (16)  Coal crop lines.

   (17)  The ownership, if known, location and extent of known workings of active, inactive and abandoned underground mines, including mine openings to the surface within the proposed permit and adjacent areas.

   (18)  The location and extent of existing or previously surface-mined areas.

   (19)  The location and areal extent of existing areas of spoil, waste and noncoal waste disposal, dams, embankments, other water treatment and air pollution control facilities within the proposed permit area.

   (20)  The location and depth, if available, of gas wells within the proposed permit area.

   (21)  Sufficient slope measurements or contours to adequately represent the existing land surface configuration of the proposed permit area, measured and recorded according to the following:

     (i)   Each measurement shall consist of an angle of inclination along the prevailing slope extending 100 linear feet above and below or beyond the coal outcrop or the area to be disturbed or, where this is impractical, at locations specified by the Department.

     (ii)   When the area has been previously mined, the measurements shall extend at least 100 feet beyond the limits of mining disturbances, or another distance determined by the regulatory authority to be representative of the premining configuration of the land.

     (iii)   Slope measurements shall take into account natural variations in slope, to provide accurate representation of the range of natural slopes and reflect geomorphic differences of the area to be disturbed.

   (22)  The location of each haul road and access road and appropriate cross sections, design drawings and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches and drainage structures for each road to be constructed, used or maintained within the proposed permit area, but not including roads within the pit or proposed spoil areas.

   (23)  Other information the Department deems relevant.

 (b)  Maps, plans and cross sections required by this section shall be on a scale satisfactory to the Department, but not 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 qualified registered professional engineer, qualified registered professional land surveyor or qualified registered professional geologist with assistance from experts in related fields.

Authority

   The provisions of this §  88.31 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); The Clean Streams Law (35 P. S. § §  691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

Source

   The provisions of this §  88.31 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (199044) to (199046).

Cross References

   This section cited in 25 Pa. Code §  86.81 (relating to program services); 25 Pa. Code §  86.261 (relating to program services); 25 Pa. Code §  88.21 (relating to responsibilities); and 25 Pa. Code §  88.381 (relating to general requirements).

§ 88.32. Prime farmland investigation.

 (a)  The applicant shall conduct a preapplication investigation of the proposed permit areas to determine whether lands within the area may be prime farmland.

 (b)  Land may not be considered prime farmland if the applicant can demonstrate one of the following:

   (1)  The land has not been historically used for cropland.

   (2)  The slope of the land is 10% or greater.

   (3)  There are no soil map units that have been designated prime farmland by the United States Department of Agriculture Natural Resources Conservation Service, on the basis of a soil survey of lands within the permit area.

 (c)  If the applicant determines after investigation that all or part of the lands in the proposed permit area are not prime farmland, the applicant shall submit with the permit application a request for a negative determination showing that the lands for which the negative determination is sought meet one of the criteria of subsection (b).

 (d)  If the investigation indicates that lands within the proposed permit area may be prime farmlands, the applicant shall contact the United States Department of Agriculture Natural Resources Conservation Service to determine if a soil survey exists for those lands and whether the applicable soil map units have been designated as prime farmlands. If no soil survey has been made for the lands within the proposed permit area, the applicant shall cause a survey to be made.

 (e)  When a soil survey as required in subsection (d) includes soil map units that have been designated as prime farmlands, the applicant shall submit with the permit application a soil survey of the proposed permit area according to the standards of the National Cooperative Soil Survey and the procedures in the United States Department of Agriculture Handbooks 436 (Soil Taxonomy, 1975) and 18 (Soil Survey Manual, 1951), as amended. The soil survey shall include a map unit and representative soil profile description as determined by the United States Natural Resources Conservation Service for each prime farmland soil within the proposed permit area unless other representative descriptions from the locality, prepared in conjunction with the National Cooperative Soil Survey, are available and their use is approved by the State Conservationist, United States Natural Resources Conservation Service.

 (f)  When a soil survey as required in subsection (d) includes map units that have not been designated as prime farmland after review by the United States Department of Agriculture Natural Resources Conservation Service, the applicant shall submit with the permit application a request for negative determination for nondesignated land establishing compliance with subsection (b).

Authority

   The provisions of this §  88.32 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 §  88.32 adopted January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (239647) to (239648).

Cross References

   This section cited in 25 Pa. Code §  86.37 (relating to criteria for permit approval or denial); 25 Pa. Code §  86.261 (relating to program services); 25 Pa. Code §  88.61 (relating to prime farmlands); 25 Pa. Code §  88.129 (relating to revegetation: standards for successful revegetation); 25 Pa. Code §  88.217 (relating to vegetation: standards for successful vegetation); 25 Pa. Code §  88.330 (relating to revegetation: standards for successful revegetation); and 25 Pa. Code §  88.381 (relating to general requirements).

§ 88.33. Fish and wildlife resource information.

 An application shall include fish and wildlife resource information for the proposed permit area and adjacent area.

   (1)  The scope and level of detail for the information shall be determined by the Department in consultation with State and Federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under §  88.62 (relating to fish and wildlife protection and enhancement plan).

   (2)  Site-specific resource information necessary to address the respective species or habitats is required when the proposed permit area or adjacent area is likely to include one of the following:

     (i)   Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the United States Secretary of the Interior under the Endangered Species Act of 1973, act of December 28, 1973 (Pub. L. No. 93-205, 87 Stat. 884), or those species or habitats protected by the law or regulations of the Commonwealth, including those species listed as threatened or endangered by the Game Commission and the Fish Commission.

     (ii)   Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptures, areas offering special shelter or protection, migration routes of reproduction and wintering areas.

     (iii)   Other species or habitats identified through agency consultation as requiring special protection under State or Federal law.

Source

   The provisions of this §  88.33 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148741) to (148742).

Cross References

   This section cited in 25 Pa. Code §  86.81 (relating to program services); 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.62 (relating to fish and wildlife protection and enhancement plan).

OPERATION AND RECLAMATION PLAN

§ 88.41. Operation plan: requirements.

 As part of each permit application, the applicant shall provide a description of the anthracite coal surface mining activities showing the manner in which this chapter shall be met. The description shall include, at a minimum, the information required in § §  88.42—88.46 and 88.48—88.60.

Source

   The provisions of this §  88.41 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services).

§ 88.42. Operational plan: general information.

 An application for anthracite coal surface mining activities shall include at a minimum:

   (1)  A narrative description of the type and method of mining and reclamation procedures and proposed engineering techniques and the major equipment to be used.

   (2)  A narrative explaining the construction, modification, use, maintenance and removal of the following facilities, unless retention of the facilities is approved for postmining land use:

     (i)   Dams, embankments and other impoundments.

     (ii)   Overburden, soil or vegetation-supporting material handling and storage areas.

     (iii)   Handling, storage, transportation areas and structures affected by coal removal.

     (iv)   Handling, storage, transportation and disposal areas and structures affected by mine spoil or coal processing waste.

     (v)   Mine facilities.

     (vi)   Water pollution control facilities.

     (vii)   Erosion control facilities.

     (viii)   Air pollution control methods.

   (3)  A description of the measures to be employed to ensure that all debris, potential acid-forming and potential toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with this chapter and a description of the contingency plans which have been developed to preclude combustion of these materials.

   (4)  A description of the measures to be employed to seal drill holes or encountered mine openings.

   (5)  A demonstration that the notification requirements of §  86.31(e) (relating to public notices of filing of permit applications) have been satisfied.

Source

   The provisions of this §  88.42 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (239649) to (239650).

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.41 (relating to operation plan: requirements).

§ 88.43. Operation plan: existing structures.

 (a)  The application shall include a description of each existing structure proposed to be used in connection with or to facilitate the anthracite coal surface mining activities, including the following:

   (1)  The location.

   (2)  The plans of the structure which describe its existing condition.

   (3)  A demonstration of evidence, indicating whether the structure meets the performance standards or the design requirements of Subchapter B, C or D (relating to surface anthracite coal mines: minimum environmental protection performance standards; anthracite bank removal and reclamation: minimum environmental protection performance standards; and anthracite refuse disposal: minimum environmental protection performance standards).

 (b)  The application shall include a compliance plan for each existing structure to be modified or reconstructed for use in connection with or to facilitate the surface mining activities. The compliance plan shall include:

   (1)  Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of this chapter.

   (2)  A construction schedule which shows dates for beginning and completing interim steps and final reconstruction.

   (3)  Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of Subchapter B, C or D are met.

   (4)  A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

Source

   The provisions of this §  88.43 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.41 (relating to operation plan: requirements).

§ 88.44. Operation maps and operation plans.

 (a)  The application shall include maps and plans of the proposed permit and adjacent area, showing the following:

   (1)  The boundaries of lands proposed to be affected over the life of the proposed operation and the sequence of operations and reclamation for 5 years.

   (2)  The changes in a facility or feature to be caused by the proposed operation for the facility or feature identified.

   (3)  The buildings, utility corridors and facilities which will be used.

   (4)  The initial bonded area and each incremental area of land for which a bond will be posted.

   (5)  The coal storage, cleaning and loading areas.

   (6)  The soil, spoil, coal waste and noncoal waste storage areas.

   (7)  The water diversion, collection, conveyance, sedimentation and erosion control, treatment, storage and discharge facilities to be used.

   (8)  The sources of waste and each waste disposal facility relating to coal processing or pollution control.

   (9)  Each explosive storage and handling facility.

   (10)  The location of each sedimentation pond, permanent water impoundment, coal processing waste bank, coal processing waste dam and embankment and fill area for the disposal of excess spoil.

   (11)  The location of monitoring points.

   (12)  Final contours.

   (13)  An air pollution collection and control facility, if required.

 (b)  Maps, plans and cross sections required by this section shall be on a scale satisfactory to the Department, but not 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 qualified registered professional engineer, qualified registered professional land surveyor or qualified registered professional geologist with assistance from experts in related fields.

Authority

   The provisions of this §  88.44 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); The Clean Streams Law (35 P. S. § §  691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

Source

   The provisions of this §  88.44 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (199050) to (199051).

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.41 (relating to operation plan: requirements).

§ 88.45. Blasting.

 An application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with the requirements of Subchapter B, C or D (relating to surface anthracite coal mines: minimum environmental protection performance standards; anthracite bank removal and reclamation: minimum environmental protection performance standards; and anthracite refuse disposal: minimum environmental protection performance standards).

Source

   The provisions of this §  88.45 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (92546) to (92547).

Cross References

   This section cited in 25 Pa. Code §  88.41 (relating to operation plan: requirements); and 25 Pa. Code §  88.493 (relating to minimum environmental protection performance standards).

§ 88.46. Reclamation plan: requirements.

 A permit application shall contain a plan for the reclamation of the land within the proposed permit area, including, at a minimum the following:

   (1)  An estimated timetable for the accomplishment of each major step in the reclamation plan.

   (2)  An estimate of the cost of reclamation of the proposed operation required to be covered by a bond with supporting calculations for the estimates.

   (3)  A plan for backfilling, soil stabilization, compacting and grading, with contour maps or cross sections that show the present and the anticipated final surface configuration of the proposed permit area.

   (4)  A plan for removing, conserving and distributing the soil or other vegetation supporting material available from the operation.

   (5)  A plan for seeding and planting, including, but not limited to, descriptions of the following:

     (i)   The schedule of seeding and planting.

     (ii)   The species and amounts per acre of seeds or seedlings, or both, to be used.

     (iii)   The method to be used in planting and seeding.

     (iv)   Mulching techniques, if required by the Department.

     (v)   Measures proposed to be used to determine the success of revegetation.

     (vi)   A soil testing plan for determining nutrients and soil amendments as required by §  88.90 (relating to vegetation-supporting material: nutrients and soil amendments).

     (vii)   A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials are disposed of.

     (viii)   A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings other than those deep mine workings remaining after the last cut has been taken and which will be backfilled or otherwise managed in the reclamation plan, and further to plug or manage exploration holes, other boreholes, wells and other openings within the proposed permit area.

Source

   The provisions of this §  88.46 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (92547) to (92548).

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.41 (relating to operation plan: requirements).

§ 88.48. 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, 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)  An air quality control monitoring program to provide sufficient data to evaluate the effectiveness of the air pollution control plan, if required by the Department.

Source

   The provisions of this §  88.48 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92548).

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.41 (relating to operation plan: requirements).

§ 88.49. Protection of hydrologic balance.

 (a)  An application shall contain a detailed description, with appropriate maps and cross sections of the measures to be taken during and after the proposed anthracite surface coal mining activities in accordance with the performance standards of this chapter, to ensure the protection of the quality and quantity of surface water systems, both within the proposed permit and adjacent areas, from adverse effects of the proposed activities and the rights of present users of surface water and groundwater.

 (b)  An application shall also contain:

   (1)  A plan for the control and treatment, if necessary, of surface water and groundwater drainage into, through and out of the proposed anthracite coal mining site to meet the effluent criteria of Subchapter B, C or D (relating to surface anthracite coal mines: minimum environmental protection performance standards; anthracite bank removal and reclamation: minimum environ-mental protection performance standards; and anthracite refuse disposal: minimum environmental protection performance standards).

   (2)  A plan for the collection, recording and reporting of groundwater and surface water quality and quantity data in accordance with § §  88.105 and 88.106 (relating to hydrologic balance: groundwater monitoring; and hydrologic balance: surface water monitoring). The plan shall identify monitoring locations and sampling frequency, and logically relate to the determination of probable hydrologic consequences in paragraph (3).

   (3)  A determination of the probable hydrologic consequences of the proposed anthracite coal mining activities, on the proposed total affected area and adjacent area, with respect to the hydrologic regime and the quantity and quality of water in surface water systems. The determination shall address the parameters measured in accordance with § §  88.25 and 88.26 (relating to groundwater; and surface water information).

Authority

   The provisions of this §  88.49 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); The Clean Streams Law (35 P. S. § §  691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

Source

   The provisions of this §  88.49 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (199052) to (199053).

Cross References

   This section cited in 25 Pa. Code §  86.37 (relating to criteria for permit approval or denial); 25 Pa. Code §  86.81 (relating to program services); 25 Pa. Code §  86.261 (relating to program services); 25 Pa. Code §  88.41 (relating to operation plan: requirements); 25 Pa. Code §  88.106 (relating to hydrologic balance: surface water monitoring); 25 Pa. Code §  88.202 (relating to hydrologic balance: surface water monitoring); 25 Pa. Code §  88.306 (relating to hydrologic balance: surface water monitoring); and 25 Pa. Code §  88.381 (relating to general requirements).

§ 88.50. Erosion and sedimentation control plan.

 The reclamation plan shall include the necessary information to demonstrate how the proposed sediment control measures will meet the requirements of Chapter 102 (relating to erosion and sediment control) and the additional erosion control requirements of Subchapter B, C or D (relating to surface anthracite coal mines: minimum environmental protection performance standards; anthracite bank removal and reclamation: minimum environmental protection performance standards; and anthracite refuse disposal: minimum environmental protection performance standards).

Source

   The provisions of this §  88.50 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.41 (relating to operation plan: requirements).

§ 88.51. Stream diversions, obstructions and encroachments.

 An application shall include the necessary information to demonstrate how each proposed water obstruction and encroachment will meet the requirement of Chapter 105 (relating to dam safety and waterway management).

Source

   The provisions of this §  88.51 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.41 (relating to operation plan: requirements).

§ 88.52. Diversions.

 An application shall show the manner in which the applicant plans to divert water from entering the operation.

Source

   The provisions of this §  88.52 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.41 (relating to operation plan: requirements).

§ 88.53. Dams, ponds, embankments and impoundments.

 (a)  An application shall include a general plan and a design for each temporary and permanent dam, pond, embankment and impoundment, and coal refuse dam or embankment within the proposed permit area.

 (b)  The general plan shall contain:

   (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.

   (3)  A certification statement which includes a schedule setting forth the dates that any detailed design plans for structures that are not submitted with the initial application will be submitted. The detailed design of the structure shall have been approved by the Department, in writing, before construction of structure begins.

   (4)  A description, map and cross sections of the structure and its location.

 (c)  The plan for a structure which is subject to the criteria of Chapter 105 (relating to dam safety and waterway management) shall meet the requirements of Chapter 105.

 (d)  The detailed plan for a structure which is not subject to Chapter 105 shall:

   (1)  Be prepared by, or under the direction of, and certified by a qualified registered professional engineer.

   (2)  Include any design and construction requirements for each structure, including any required geotechnical information.

   (3)  Describe the operation and maintenance requirements for each structure.

   (4)  Describe the timetable and plans to remove each structure, if appropriate.

 (e)  The plan for sedimentation ponds shall include the design standards and other requirements of this chapter.

 (f)  The plan for any coal processing waste dam or embankment shall include the design standards and other requirements of this chapter.

Source

   The provisions of this §  88.53 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (92550) to (92551).

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.41 (relating to operation plan: requirements).

§ 88.54. Surface mining near underground mining.

 If coal removal, blasting or drilling is proposed to be conducted close to any point of an active or abandoned underground mine the operation plan shall describe the measures to be used to comply with § §  88.113 and 88.204 (relating to protection of underground mining; and protection of underground mining) and applicable State and Federal laws.

Authority

   The provisions of this §  88.54 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); The Clean Streams Law (35 P. S. § §  691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

Source

   The provisions of this §  88.54 adopted December 19, 1980, 10 Pa.B. 4789, 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 December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial page (199055).

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.41 (relating to operation plan: requirements).

§ 88.55. Postmining land uses.

 (a)  A plan shall contain a description of the proposed use, following reclamation of the land within the proposed permit area. The description shall also explain:

   (1)  How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use.

   (2)  When a land use different from the predisposal land use is proposed, all materials needed for approval of the alternative use under Subchapter B, C or D (relating to surface anthracite coal mines: minimum environmental protection performance standards; anthracite bank removal and reclamation: minimum environmental protection performance standards; and anthracite refuse disposal: minimum environmental protection performance standards).

   (3)  The consideration which has been given to making all of the proposed activities consistent with surface owner plans and applicable State and local land use plans and programs.

 (b)  If an alternate land use is proposed, the description shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the State and local government agencies which would have to initiate, implement, approve or authorize the proposed use of the land following reclamation.

Source

   The provisions of this §  88.55 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.41 (relating to operation plan: requirements).

§ 88.56. Protection of public parks and historic places.

 (a)  For publicly-owned parks or historic places listed on the National Register of Historic Places that may be adversely affected by the proposed operations, each application shall describe the measures to be used to accomplish the following:

   (1)  Prevent adverse impacts and meet the requirements of Chapter 86, Subchapter D (relating to areas unsuitable for mining).

   (2)  Minimize adverse impacts, if valid existing rights exist or joint agency approval is to be obtained under Chapter 86, Subchapter D.

 (b)  The Department may require the applicant to protect historic or archaeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance if the required measures are completed before the properties are affected by any anthracite mining activity.

Source

   The provisions of this §  88.56 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial page (239658).

Cross References

   This section cited in 25 Pa. Code §  86.81 (relating to program services); 25 Pa. Code §  86.261 (relating to program services); 25 Pa. Code §  88.41 (relating to operation plan: requirements); and 25 Pa. Code §  88.381 (relating to general requirements).

§ 88.57. Public roads.

 The reclamation plan shall include a description and necessary drawings, approved by the Department of Transportation or the municipality, township or county having jurisdiction of the road, if the applicant proposes to relocate a public road, or conduct surface mining activities within 100 feet of the right-of-way of any public road, except where the access of the site joins the right-of-way.

Source

   The provisions of this §  88.57 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.41 (relating to operation plan: requirements).

§ 88.58. Disposal of excess spoil.

 (a)  The reclamation plan shall contain a description, including appropriate maps and cross sections, of the proposed disposal site and design of the spoil disposal structure. The description shall include the geotechnical investigation, design, construction, operation, maintenance and removal, if appropriate, of the site and structures.

 (b)  When excess spoil will not be used to reclaim nearby abandoned surface mines, the geotechnical investigation of the proposed disposal site shall include the following:

   (1)  The character of bedrock and any adverse geologic condition in the disposal area.

   (2)  A survey identifying all springs, seepage and groundwater flow observed or anticipated during wet periods in the area of the disposal site.

   (3)  A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations.

   (4)  A stability analysis, including, but not limited to, strength parameters and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

Source

   The provisions of this §  88.58 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.41 (relating to operation plan: requirements).

§ 88.59. Coal refuse disposal.

 (a)  The reclamation plan shall include the necessary information to demonstrate how the proposed disposal of coal refuse will meet the requirements of Subchapter D (relating to anthracite refuse disposal: minimum environmental protection performance standards).

 (b)  Coal refuse which is returned to abandoned underground working shall meet those requirements described in Subchapter F (relating to anthracite underground mines).

Source

   The provisions of this §  88.59 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.41 (relating to operation plan: requirements).

§ 88.60. Haul roads, access roads and other transportation facilities.

 For each haul road, conveyor, rail system, access 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 Subchapter B, C, D or F.

Source

   The provisions of this §  88.60 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92554).

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.41 (relating to operation plan: requirements).

§ 88.61. Prime farmlands.

 (a)  A person who conducts or intends to conduct surface mining activities on prime farmland shall submit a plan, as part of the permit application, demonstrating the following:

   (1)  The land will be restored, within a reasonable time, to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management.

   (2)  The standards for successful revegetation of § §  88.129, 88.217 and 88.330 (relating to revegetation: standards for successful revegetation; vegetation: standards for successful vegetation; and revegetation: standards for successful revegetation) can be achieved.

 (b)  The plan shall contain at a minimum:

   (1)  A soil survey with description of soil mapping units and representative soil survey profile under §  88.32(d) (relating to prime farmland investigation). The soil profile description shall include, but not be limited to, soil horizon depths, pH and range of soil densities for each prime farmland soil unit within the proposed permit area. The Department may require the applicant to provide information on other physical and chemical soil properties as needed to make a determination that the operator has the technological capability to restore the prime farmland within the permit area.

 

   (2)  A plan for soil reconstruction, replacement and stabilization to include:

     (i)   The proposed method and the type of equipment to be used for removal, storage and replacement of the soil.

     (ii)   The proposed measures to be taken during soil reconstruction to prevent excessive compaction and to achieve soil bulk densities which will result in the restored area being returned to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management.

     (iii)   The areas to be used for the separate stockpiling of the soil and plans for soil stabilization before distribution.

   (3)  Scientific data, such as agricultural school studies, for areas with comparable soils, climate and management that demonstrate that the proposed method of reclamation, including the use of soil mixtures or substitutes will achieve, within a reasonable time, equivalent or higher levels of yield as nonaffected prime farmland in the surrounding area under equivalent levels of management.

   (4)  The productivity prior to mining, including the average yield of food, fiber, forage or wood products obtained under a high level of management.

Authority

   The provisions of this §  88.61 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); The Clean Streams Law (35 P. S. § §  691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

Source

   The provisions of this §  88.61 adopted January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (199059) to (199060).

Cross References

   This section cited in 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.381 (relating to general requirements).

§ 88.62. Fish and wildlife protection and enhancement plan.

 (a)  An application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act of 1973, act of December 28, 1973 (Pub. L. No. 93-205, 87 Stat. 884), during the anthracite mining activities and how enhancement of these resources will be achieved where practicable. This description shall apply, at a minimum, to species and habitats identified under §  88.33 (relating to fish and wildlife resource information) and include the following:

   (1)  Protective measures that will be used during the active mining phase of operation. These measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity.

   (2)  Enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. These measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover and the replacement of perches and nest boxes. If the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

 (b)  The Department will provide the resource information required under §  88.33 and the protection and enhancement plan required under subsection (a) to the Game Commission and the Fish Commission for their review. Upon request during the comment period, the Department will furnish the same information to the United States Department of the Interior, Fish and Wildlife Service Regional or Field Office. This information will be provided within 10 days of receipt of the request from the Service.

Source

   The provisions of this §  88.62 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148754) to (148755).

Cross References

   This section cited in 25 Pa. Code §  86.81 (relating to program services); 25 Pa. Code §  86.261 (relating to program services); 25 Pa. Code §  88.33 (relating to fish and wildlife resource information); and 25 Pa. Code §  88.492 (relating to minimum requirements for reclamation and operation plan).

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