Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REVIEW, PUBLIC PARTICIPATION, ITEMS AND CONDITIONS OF PERMIT APPLICATIONS › Section 77.126 - Criteria for permit approval or denial

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A permit, permit renewal or revised
						  permit application will not be approved, unless the application affirmatively
						  demonstrates and the Department finds in writing, on the basis of the
						  information in the application or from information otherwise available, that
						  the following apply:
(1) The permit
						  application is accurate and complete and that the requirements of the act, the
						  environmental acts and this chapter have been complied with.
(2) The applicant has demonstrated that the
						  noncoal mining activities can be reasonably accomplished as required by the act
						  and this chapter under the operation and reclamation plan contained in the
						  application.
(3) The applicant has
						  demonstrated that there is no presumptive evidence of potential pollution of
						  the waters of this Commonwealth.
(4) The proposed permit area, as defined in
						  §
														77.1 (relating to definitions) for
						  surface mining activities-unless the requirements of §
														77.504 (relating to distance
						  limitations and areas designated as unsuitable for mining) are demonstrated-is:
(i) Not within 100 feet (30.48 meters) of the
						  outside right-of-way line of a public highway.
(ii) Not within 300 feet (91.44 meters) of an
						  occupied dwelling house or commercial or industrial building unless released by
						  the owner thereof.
(iii) Not within
						  100 feet (30.48 meters) of the bank of a perennial or intermittent
						  stream.
(iv) Not within 300 feet
						  (91.44 meters) of a public building, school or community or institutional
						  building.
(v) Not within 100 feet
						  (30.48 meters) of a cemetery.
(vi)
						  Not within 300 feet (91.44 meters) of a public park.
(vii) Not within 125 feet (38.1 meters) of an
						  oil or gas well.
(viii) Not within
						  an area designated as unsuitable for noncoal surface mining activities under
						  § 77.504.
(5) Prior
						  to approval of the bond under Subchapter D (relating to bonding and insurance
						  requirements), a right of entry has been obtained if required by law, from the
						  landowners for the initial incremental bond phase parcel for land to be
						  affected by the surface mining activities under §
														77.163 (relating to right of
						  entry).
(6) The applicant or
						  related party, as indicated by past or continuing violations, has not shown a
						  lack of ability or intention to comply with the act or the Surface Mining
						  Conservation and Reclamation Act (52 P. S. §§
															1396.1-1396.19b).
(7) A person other than the applicant,
						  including an independent subcontractor, who is proposed to operate under the
						  permit is listed in the application and is subject to approval by the
						  Department prior to engaging in surface mining operations. The person is
						  jointly and severally liable with the permittee for the violations of the act
						  as the permittee is charged and in which the person participates.
(8) The applicant has submitted proof that a
						  violation related to mining by the applicant or by a related party of one or
						  more of the acts, rules, regulations, permits or licenses of the Department has
						  been corrected or is in the process of being corrected to the satisfaction of
						  the Department, whether or not the violation relates to an adjudicated
						  proceeding, agreement, consent order, or decree, or which resulted in a cease
						  order or civil penalty assessment.
(9) The proposed postmining land use of the
						  permit area meets §
														77.462 (relating to postmining
						  land uses and alternative restoration).
(10) The proposed activities would not affect
						  the continued existence of endangered or threatened species or result in the
						  destruction or adverse modification of their known critical habitats as
						  determined under the Endangered Species Act of 1973 (16 U.S.C.A. §§
															1531-1544), the Wild Resource
						  Conservation Act (32 P. S. §§
															5301-5314), 30 Pa.C.S. (relating to the Fish
						  and Boat Code) and 34 Pa.C.S. (relating to the Game and Wildlife
						  Code).
(11) The applicant has
						  obtained a noncoal license.