Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter D - AREAS UNSUITABLE FOR MINING › CRITERIA AND PROCEDURES FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE MINING › Section 86.130 - Areas designated as unsuitable for mining

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under the criteria and procedures in
						  §§
													86.121-86.129, the EQB has designated the
						  areas described in subsection (b) as unsuitable for all or certain types of
						  surface mining operations.
(b) The
						  following is a list of descriptions of areas which are unsuitable for all or
						  certain types of surface mining operations and where all or certain types of
						  surface mining operations will not be permitted:
(1) The tract of approximately 233 acres
						  (approximately 94.29 hectares) in Blacklick Township, Cambria County, described
						  as follows:
Beginning at the northwest corner of the land owned
							 by the Griffithtown Water Association and proceeding to the southwest corner,
							 then easterly towards the southeast corner of the property and continuing in
							 the same easterly direction to a point located 100 feet (30.48 meters)
							 horizontal distance west of the Lower Freeport outcrop; then continuing in a
							 southerly direction, remaining 100 feet (30.48 meters) from and paralleling the
							 Lower Freeport outcrop as the outcrop proceeds easterly to intersect the 2,040
							 foot (621.79 meter) elevation contour; then along a straight line extending in
							 a northeasterly direction intersecting the 2,282-foot (695.55 meter) elevation
							 point and continuing to US 422; then west along US 422 to an intersection
							 formed by a road, driveway or farmlane approaching US 422 from the north and
							 located approximately 1.86 miles east (approximately 2.99 kilometers) of the
							 junction of US 422 and Pa. Route 271 in Belsano; then continuing southwesterly
							 in a straight line to the northwest corner of the Griffithtown Water
							 Association property.
(2)
						  The surface area overlying surface mineable coal reserves in a tract of
						  approximately 11,200 acres (approximately 4,532 hectares) in Rush Township,
						  Centre County, which tract is described as follows:
The surface water drainage basin of Cold Stream
							 upstream from the mouth of Tomtit Run, including the surface water drainage
							 basins of all tributaries to Cold Stream upstream from and including Tomtit Run
							 except for the surface water drainage of a tributary known locally as Big
							 Spring Run that enters Cold Stream from the west approximately 500 feet
							 (approximately 152.4 meters) upstream from the Stony Point Road (Township Road
							 600) bridge over Cold Stream.
(3) The tract of approximately 119 acres
						  (approximately 48.16 hectares) in Logan Township, Blair County and Gallitzin
						  Township, Cambria County within the Mill Run watershed, that is underlain by
						  surface mineable coal reserves, and that has not been previously disturbed by
						  surface or deep mining. The tract is more particularly described as follows:
Beginning at the summit of a hill in the northwest
							 corner of the Mill Run-Little Laurel Run watershed divide, southwest of the
							 village of Buckhorn on or near the Cambria-Blair County line, and being at the
							 eastern edge of the previously surface mined area; then along the watershed
							 divide in a northeasterly direction for a distance of approximately 2,500 feet
							 (approximately 762 meters) to the point of intersection of the watershed divide
							 with the Mercer coal seam outcrop; then proceeding in a southeasterly and
							 southerly direction along the Mercer coal outcrop, and running roughly parallel
							 to and 100 to 200 feet (30.48 to 60.96 meters) easterly of the old Louden deep
							 mine railroad grade, for a distance of approximately 5,500 feet (approximately
							 1.68 kilometers) to the northern terminus of the Louden deep mine, then
							 proceeding westerly and northwesterly along the edge of the Louden deep mine,
							 exclusive of an approximately 2-acre (approximately 0.81 hectares) ungraded
							 surface mine, to its intersection with the toe of spoil of the previously
							 surface mined area; then in a northwesterly direction along the spoil banks
							 remaining from previous surface mining activity a distance of approximately
							 3,800 feet (approximately 1.16 kilometers) to the summit of the hill, being the
							 place of beginning.
(4) The
						  surface mineable coal reserves in a tract of approximately 5,600 acres
						  (approximately 2,266.32 hectares) in Rush, Centre County, which tract is the
						  surface water drainage basin of Black Bear Run.
(5) The surface mineable coal reserves in the
						  surface water drainage basin of Powell Run that are situated east of Pa. Route
						  865, which tract is located in Reade Township, Cambria County and Antis
						  Township, Blair County.
(6) The
						  surface mineable coal reserve in the surface water drainage basin of Byrnes
						  Run, which tract is located in Jay and Fox Townships, Elk County.
(7) The surface mineable coal reserves of the
						  Lower Kittanning, Clarion No. 1, Clarion No. 2 and Mercer coal seams in the
						  surface water drainage basin of the upper portion of Little Muddy Run located
						  above the Janesville Dam, which tract is located in Gulich Township, Clearfield
						  County and Reade Township, Cambria County; except that the surface mineable
						  coal reserves of the four designated seams, located in the recharge area for
						  identified preexisting pollutional discharges to Little Muddy Run are not
						  designated unsuitable for surface mining operations authorized under Chapter
						  87, Subchapter F (relating to surface coal mines: minimum requirements for
						  remining areas with pollutional discharges) which governs the remining of areas
						  having preexisting pollutional discharges.
(8) The surface mineable coal reserves in the
						  surface water drainage basin of Rogues Harbor Run, which tract is in Chest
						  Township, Clearfield County, and Chest Township, Cambria County, except Upper
						  Freeport coal within that tract.
(9) The tract of approximately 525 acres
						  (approximately 212.46 hectares) in Elder Township, Cambria County, described as
						  follows:
Beginning at the northern edge of a raw water storage
							 tank located approximately 2,000 feet (approximately 609.60 meters) south of
							 Township Route 551 and 2,150 feet (655.32 meters) west of State Route 36; then
							 proceeding in a northeasterly direction, intersecting the Borough of Hastings
							 Water Authority access road at a point approximately 1,450 feet (approximately
							 441.96 meters) from the access road's junction with Township Route 551; then
							 continuing due north, intersecting Township Route 551 at a property, fence or
							 tree line located approximately 1,250 feet (approximately 381 meters) west of
							 the junction of Township Route 551 and State Route 36; then north along the
							 property, fence or tree line to a point located on Legislative Route 221
							 approximately 1,100 feet (approximately 335.28 meters) west of State Route 36
							 in St. Boniface; then continuing in a southeasterly direction to the junction
							 of State Route 36 and Legislative Route 11056; then along Legislative Route
							 11056 to a point approximately 1,300 feet (approximately 396.24 meters) east of
							 State Route 36; then continuing south along a property, fence or tree line to
							 another property, fence or tree line that is approximately 475 feet
							 (approximately 144.78 meters) south of Legislative Route 11056; then 575 feet
							 (175.26 meters) due west along this property, fence or tree line to a point
							 located approximately 350 feet (approximately 106.68 meters) east of State
							 Route 36; then due south to meet State Route 36 at its junction with a private
							 road, driveway or farm lane approaching State Route 36 from the east, located
							 approximately 950 feet (approximately 289.56 meters) south of the junction of
							 Township Route 551 and State Route 36; then south along State Route 36 for
							 approximately 900 feet (approximately 274.32 meters) to a tree, fence or
							 property line; then along the line, intersecting the Laurel Hill anticline axis
							 at a point approximately 1,575 feet (approximately 480.06 meters) due east of
							 State Route 36; then south along the anticlinal axis (which trends
							 approximately N 40° E) intersecting State Route 36 approximately 625 feet
							 (approximately 190.5 meters) north of the junction of Legislative Routes 221
							 and 11077 and intersecting Legislative Route 11076 approximately 600 feet
							 (approximately 182.88 meters) north of its junction with Legislative Routes 221
							 and 11067 for 6,800 feet (2,072.64 meters) to a point approximating the edge of
							 an Upper Kittanning underground coal mine complex known as the Pardee No. 29;
							 then continuing in the same southwesterly direction to a point located 200 feet
							 (60.96 meters) horizontal distance southwest of the Pardee No. 29 Mine complex;
							 then proceeding in a northerly direction remaining 200 feet (60.96 meters) from
							 and paralleling the edge of the Pardee No. 29 Mine complex for approximately
							 4,250 feet (approximately 1,295.4 meters) to a point that is approximately 200
							 feet (approximately 61.96 meters) horizontal distance west of the Upper
							 Kittanning coal outcrop (intersecting an unnamed tributary to a farm pond
							 located approximately 3,300 feet (approximately 1,005.84 meters) due south of
							 Township Route 551 and 3,300 feet (1,005.84 meters) due west of State Route
							 36); then continuing north, remaining 200 feet (60.96 meters) from and parallel
							 to the coal outcrop to a property, fence or tree line located approximately
							 1,820 feet (approximately 554.74 meters) south of Township Route 551; then due
							 east along the line to the northwest corner of the land owned by the Borough of
							 Hastings; then returning to the point of origin.
(10) The tract of 527 acres (213.28 hectares)
						  of surface mineable coal reserves in the southern surface water drainage basin
						  of North Fork Tangascootack Creek watershed. The 527 acres (213.28 hectares)
						  encompass the Mercer coal crop line to the southern watershed divide of the
						  North Fork Tangascootack Creek watershed, which tract is located in Bald Eagle,
						  Grugan and Beech Creek Townships, Clinton County.
(11) The surface mineable coals within the
						  Montgomery Creek and Moose Creek watersheds upstream of the Clearfield
						  Municipal Authority's public water supply reservoir dams. The two tracts are
						  located in parts of Lawrence, Pike and Pine Townships, Clearfield
						  County.
(12) The surface mineable
						  coal reserves in the surface water drainage basins of Rankin Hollow Run and the
						  East Fork Brewster Hollow Run, tributaries of Sixmile Run, upstream of the
						  water supplies for the Coaldale Borough-Six Mile Run Area Water Corporation.
						  The two tracts, totaling approximately 525 acres (approximately 212.47
						  hectares), are located in Broad Top Township, Bedford County.
(13) The surface mineable coal reserves of
						  the Lower Kittanning, Clarion and Mercer coals in the surface water drainage
						  basin of Bells Gap Run, which tract is located in Antis and Logan Townships,
						  Blair County and Dean and Reade Townships, Cambria County; except that the
						  surface mineable coal reserves of the three designated seams are not designated
						  unsuitable for surface mining operations in the following areas:
(i) A tract of approximately 41 acres
						  (approximately 16.59 hectares) of abandoned mine lands located northwest of the
						  town of Highland Fling, said tract being described as follows:
Beginning at the point where Township Route 502
							 intersects the surface water drainage divide between Tubb Run and Brubaker Run
							 approximately 750 feet (approximately 228.6 meters) northwest of the
							 intersection of Township Route 502 and State Route 1016; then proceeding due
							 east, to a point on State Route 1016 approximately 475 feet (approximately
							 144.78 meters) north-northeast of the intersection of State Route 1016 and
							 Township Route 502; then continuing to a point approximately 2,250 feet
							 (approximately 685.8 meters) north along State Route 1016; then due west to a
							 point on the surface water drainage divide between Tubb Run and Brubaker Run
							 approximately 2,800 feet (approximately 853.44 meters) north-northwest of the
							 intersection of Township Route 502 and State Route 1016; then in a southerly
							 direction along the said surface water drainage divide to the point of origin.
(ii) The permit areas of
						  Cambria Coal Company SMP #11783035, Cambria Coal Company SMP #11823006,
						  Swistock Associates Coal Corp. MDP #4278BC10, E. P. Bender Coal Co. SMP
						  #11793025, and Benjamin Coal Company MDP #4278SM2, in accordance with §
															86.121 (relating to areas exempt
						  from designation as unsuitable for surface mining
						  operations).
(14) The
						  surface mineable coal reserves within the Goss Run watershed upstream of the
						  Brisbin Dam, including a small tract of land within the watershed of the West
						  Tributary to Goss Run, a total of approximately 555 acres (approximately 224.61
						  hectares), are designated unsuitable for all types of surface mining
						  operations. This includes a land area beginning at the breast of the Brisbin
						  Dam, thence due southwest to Pa. Route 153, thence north along the centerline
						  of Pa. Route 153 to the intersection of Pa. Route 153 with township route
						  T-657, thence north along the watershed divide between the Brisbin Dam drainage
						  and the West Tributary drainage to a point at the intersection of the Goss Run
						  and Little Beaver Run watershed divide, thence southwest along the Goss Run and
						  Little Beaver Run watershed divide to a point at the intersection of the
						  Brisbin Dam drainage divide, thence southwest along the Brisbin Dam drainage
						  divide to the point of beginning; except that the surface mineable coal
						  reserves are not designated unsuitable for surface mining operations in the
						  following areas:
The permit areas of the James I. Cowfer Contracting,
							 Inc. SMP 17663037 and James I. Cowfer Contracting, Inc. SMP 17820152, in
							 accordance with § 86.121.
(15) The surface mineable coal reserves
						  within the entire Paddy Run watershed, all surface mineable coal reserves
						  within the Drury Run watershed occurring upstream of the Drury Run reservoir,
						  and all surface mineable coals within the Drury Run watershed which occur
						  within the Woodley Draft sub-basin and within the Slab Hollow drainage of the
						  Stony Run sub-basin. These areas are located in Chapman, Leidy and Noyes
						  Townships, Clinton County.
(16) The
						  surface mineable coal reserves of the Lower Kittanning, Clarion and Brookville
						  coals in the surface water drainage basin of Laurel Run, which tract is located
						  in Jackson, West Taylor and Middle Taylor Townships, Cambria County.
(17) All types of surface mining operations
						  within a tract of 450 acres (182.12 hectares) located in Slippery Rock and
						  Wayne Townships, Lawrence County described as follows:
Beginning at the intersection of Township Road T-347
							 and Township Road 5-472; then in a northerly direction following Township Road
							 T-472 for a distance of approximately 4,800 feet (approximately 1,643.04
							 meters) to the Wayne Township and Slippery Rock Township boundary line; then in
							 a westerly direction following the township line for a distance of
							 approximately 800 feet (approximately 243.84 meters) to the southwest corner of
							 a land parcel owned, or formerly owned, by Edris Ann Thalgott; then in a
							 northerly direction following the Edris Ann Thalgott property line for a
							 distance of approximately 2,050 feet (approximately 624.84 meters) to the
							 southwest corner of a land parcel owned, or formerly owned, by Lois Mackey;
							 then following the Lois Mackey property line in a northerly direction for a
							 distance of approximately 950 feet (approximately 289.56 meters) to the
							 intersection of the Lois Mackey property line with State Road SR2024; then in
							 an easterly direction following State Road SR 2024 for a distance of
							 approximately 2,100 feet (approximately 640.08 meters) to the intersection with
							 the southwest corner of a land parcel owned, or formerly owned, by Dale Mackey;
							 then in a northerly direction following the Dale Mackey property line for a
							 distance of approximately 1,650 feet (approximately 502.92 meters) to the
							 northwest corner of the Dale Mackey property; then in an easterly direction
							 following the Dale Mackey property line for a distance of approximately 600
							 feet (approximately 182.88 meters) to the northeast corner of the Dale Mackey
							 property; then following the Dale Mackey property line in a southerly direction
							 for a distance of approximately 1,250 feet (approximately 381.00 meters) to the
							 Dale Mackey property line intersection with the northeast corner of a land
							 parcel owned, or formerly owned, by Richard E. Michaels; then following the
							 Richard E. Michaels property line in a southerly direction for a distance of
							 approximately 250 feet (approximately 76.20 meters) to the Richard E. Michaels
							 property line intersection with State Road SR 2024; then following Township
							 Road T-478 in a southerly direction for a distance of approximately 7,200 feet
							 (approximately 2,194.56 meters) to the intersection of Township Road T-478 with
							 Township Road T-347; then in a westerly direction following Township Road T-347
							 for a distance of approximately 2,000 feet (approximately 609.60 meters) to the
							 point of origin.
(18) The
						  surface mineable coal reserves of the Lower Kittanning, Clarion, Brookville and
						  Mercer coals in the Muddy Run watershed, Cambria County, located south of State
						  Route 253, including Muddy Run and its eastern tributary, Curtis Run.