reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter C - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 87.53 - Prime farmland investigation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The applicant shall conduct a preapplication investigation of the proposed
						permit area to determine whether lands within the area may be prime
						farmland.
(b) Land will not be
						considered prime farmland if the applicant can demonstrate one of the
						following:
(1) The land has not been
						historically used as cropland.
(2)
						Other factors exist, such as a very rocky surface, or the land is frequently
						flooded during the growing season, more often than once in 2 years, and the
						flooding has reduced crop yields.
(3) On the basis of a soil survey of lands
						within the permit area, there are no soil map units that have been designated
						prime farmland by the United States Natural Resources Conservation
						Service.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.61 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
As part of each permit application, the applicant shall
						  provide a detailed description of the surface mining activities showing the
						  manner in which the provisions of this chapter will be met. The description
						  shall include, at a minimum, the information required in this subchapter.
This section cited in 25 Pa. Code §
														86.261 (relating to program
							 services).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.62 - Operational information

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall contain a description of the
						  surface mining activities proposed to be conducted during the life of the mine
						  within the proposed permit area, including, at a minimum, the following:
(1) A description of the type and
						method of coal mining procedures, proposed engineering techniques and the major
						equipment to be used.
(2) An
						explanation of the construction, modification, use, maintenance and removal of
						the following facilities-unless retention of the facilities is approved for
						postmining land use under §
												87.159 (relating to postmining
						land use):
(i) Dams, embankments and other
						impoundments.
(ii) Overburden and
						topsoil handling and storage area and structures.
(iii) Coal removal, handling, storage,
						cleaning and transportation area and structures.
(iv) Spoil, coal processing waste and noncoal
						waste removal, handling, storage, transportation and disposal areas and
						structures.
(v) Mine
						facilities.
(vi) Water and air
						pollution control facilities.
(vii)
						Erosion control facilities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.63 - Existing structures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						application shall contain a description of each existing structure proposed to
						be used in connection with or to facilitate the surface coal mining and
						reclamation operation, including the following:
(1) Location.
(2) Plans of the structure which describe its
						current condition.
(3) Approximate
						dates on which construction of the existing structures was begun and
						completed.
(4) A showing, including
						relevant monitoring data or other evidence, whether the structure meets the
						performance standards of Subchapter E (relating to surface coal mines: minimum
						environmental protection performance standards) or design requirements of
						Subchapter E.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.64 - Blasting plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						application shall contain a blasting plan for the proposed permit area,
						explaining how the applicant intends to comply with §§
												87.124-87.129 and including the
						following:
(1) Drilling patterns, including
						size, number, depths and spacing of holes.
(2) Charge and packing of holes.
(3) Types of initiation and detonation
						controls.
(4) Sequence and timing
						of firing holes.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.65 - Maps and Plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						application shall contain maps and plans of the proposed permit and adjacent
						area showing the following:
(1) The boundaries
						of lands proposed to be affected over the estimated total life of the proposed
						operation and the sequence of mining and reclamation.
(2) Changes in a facility or feature to be
						caused by the proposed operation for the facility or feature identified under
						§
													87.52 (relating to land use
						information).
(3) Buildings,
						utility corridors and facilities which will be used in the operation.
(4) Areas of land for which a bond will be
						posted under Chapter 86, Subchapter F (relating to bonding and insurance
						requirements).
(5) Coal storage,
						cleaning and loading areas.
(6)
						Topsoil, spoil, coal waste and noncoal waste storage areas.
(7) Water diversion, collection, conveyance,
						sedimentation and erosion control, treatment, storage and discharge facilities
						to be used.
(8) Air pollution
						collection and control facilities, if required.
(9) Sources of waste and waste disposal
						facilities relating to coal processing or pollution control.
(10) Facilities to be used to protect and
						enhance fish and wildlife and related environmental values.
(11) Explosive storage and handling
						facilities.
(12) 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 in accordance with §§
													87.73,
						87.74 and
						87.79 (relating to dams, ponds,
						embankments and impoundments; coal refuse disposal; and disposal of excess
						spoil).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.66 - Air pollution control plan

Current through Register Vol. 54, No. 28, July 13, 2024
The description shall include an air pollution control
						  plan which includes the following:
(1)
						A plan for fugitive dust control practices, as required under §
												87.137 (relating to air resources
						protection), and if applicable, how the requirements of Chapters 123 and 127
						(relating to standards for contaminants; and construction, modification,
						reactivation and operation of sources) will be met.
(2) If required by the Department, an air
						quality control monitoring program to provide sufficient data to evaluate the
						effectiveness of the air pollution control plan.
This section cited in 25 Pa. Code §
														86.261 (relating to program
							 services).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.68 - Reclamation information

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall contain a plan for the reclamation
						  of the lands within the proposed permit area, including, at a minimum, the
						  following information:
(1) A timetable
						for the accomplishment of each major step in the reclamation plan.
(2) An estimate of the cost of reclamation of
						the proposed operation to be covered by a bond under Chapter 86, Subchapter F
						(relating to bonding and insurance requirements) 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 anticipated final surface configuration of the
						proposed permit area, in accordance with §§ 87.141, 87.142, 87.144
						and 87.145.
(4) A plan for removal,
						storage and redistribution of topsoil, subsoil and other material to meet the
						requirements of §§ 87.96-87.100.
(5) A plan for revegetation as required in
						§§ 87.147-87.153, 87.155 and 87.156, including, but not limited to,
						descriptions of the following:
(i) The
						schedule for revegetation.
(ii) The
						species and amounts per acre of seeds and seedlings to be used.
(iii) The method to be used in planting and
						seeding.
(iv) Mulching techniques,
						if required by the Department.
(v)
						Irrigation, if appropriate, and pest and disease control measures.
(vi) Techniques proposed to be used to
						determine the success of revegetation as required in §
													87.156 (relating to revegetation:
						techniques and frequency of measurement).
(vii) A soil testing plan for determining
						nutrients and soil amendments as required by §
													87.100 (relating to topsoil:
						nutrients and soil amendments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.69 - Protection of hydrologic balance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each application shall contain a detailed
						description, with appropriate maps and cross sections of the measures to be
						taken during and after the proposed surface mining activities in accordance
						with Subchapter E (relating to surface coal mines: minimum environmental
						protection performance standards), to ensure the protection of the quality and
						quantity of surface and groundwater systems, both within the proposed permit
						and adjacent areas, from the adverse effects of the proposed surface mining
						activities, and the rights of present users of surface and
						groundwater.
(b) Each application
						shall also contain the following:
(1) A plan
						for the control, in accordance with Subchapter E, of surface and groundwater
						drainage into, through and out of the proposed permit and adjacent
						area.
(2) A plan for the treatment,
						in accordance with Subchapter E, if necessary, of surface and groundwater
						drainage from the area to be disturbed by the proposed activities to meet the
						effluent standards in accordance with §
													87.102 (relating to hydrologic
						balance: effluent standards).
(3) A
						plan for the restoration of the approximate recharge capacity of the permit and
						adjacent area in accordance with §
													87.115 (relating to hydrologic
						balance: protection of groundwater recharge capacity).
(4) A plan for the collection, recording and
						reporting of groundwater and surface water quality and quantity data in
						accordance with §§
													87.116 and
						87.117 (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 (5).
(5)
						A determination of the probable hydrologic consequences of the proposed surface
						mining activities, on the proposed permit and adjacent area, with respect to
						the hydrologic regime and the quantity and quality of water in surface and
						groundwater systems under all seasonal conditions. The determination shall
						address the parameters measured in accordance with §§
													87.45 and
						87.46 (relating to groundwater
						information; and surface water information).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.70 - Erosion and sedimentation control plan

Current through Register Vol. 54, No. 28, July 13, 2024
Each application shall contain the necessary
						  information to demonstrate how the proposed sediment control measures for the
						  surface mining and reclamation operation will meet the requirements of Chapter
						  102 (relating to erosion and sediment control) and the additional sediment
						  control requirements of §
												87.106 (relating to hydrologic
						  balance: sediment control measures).
This section cited in 25 Pa. Code §
														86.261 (relating to program
							 services).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.71 - Stream diversions, water obstructions and encroachments

Current through Register Vol. 54, No. 28, July 13, 2024
Each application shall contain the necessary
						  information to demonstrate how each proposed water obstruction and encroachment
						  will meet the requirements of Chapter 105 (relating to dam safety and waterway
						  management) and §
												87.104 (relating to stream channel
						  diversions).
This section cited in 25 Pa. Code §
														86.261 (relating to program
							 services).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.72 - Diversions

Current through Register Vol. 54, No. 28, July 13, 2024
Each application shall show the manner in which the
						  applicant plans to divert water from entering the operation in accordance with
						  §
												87.105 (relating to hydrologic
						  balance: diversions).
This section cited in 25 Pa. Code §
														86.261 (relating to program
							 services).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.73 - Dams, ponds, embankments and impoundments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application shall contain a general
						plan and a detailed 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 the following:
(1)
						A description, map and cross section of the structure and its
						location.
(2) Preliminary
						hydrologic and geologic information required to assess the hydrologic impact of
						the structure.
(3) A survey
						describing the potential effect on the structure from subsidence of the
						subsurface strata resulting from past underground mining operations if
						underground mining has occurred.
(4) A certification statement which includes
						a schedule setting forth the dates that detailed design plans for structures
						that are not submitted with the initial application. The detailed design of the
						structure shall be approved by the Department, in writing, before construction
						of the structure begins.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.74 - Coal refuse disposal

Current through Register Vol. 54, No. 28, July 13, 2024
Each application shall include the necessary
						  information to demonstrate how the proposed disposal of coal refuse will meet
						  the requirements of Chapter 90 (relating to coal refuse disposal).
This section cited in 25 Pa. Code §
														86.261 (relating to program
							 services); and 25 Pa. Code §
														87.65 (relating to maps and
							 plans).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.75 - Postmining land uses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						application shall contain a detailed description of the proposed use, following
						reclamation of the land within the proposed permit area, including a discussion
						of the utility and capacity of the reclaimed land to support a variety of
						alternative uses, and the relationship of the use to existing land use policies
						and plans. The description shall 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 pastureland is the
						postmining use, the detailed management plans to be implemented.
(3) When a land use different from the
						premining land use is proposed, all materials needed for approval of the
						alternative use under §
													87.159 (relating to postmining
						land use).
(4) The consideration
						which has been given to making all of the proposed surface mining activities
						consistent with surface owner plans and applicable Commonwealth and local land
						use plans and programs.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.76 - Surface mining near underground mining

Current through Register Vol. 54, No. 28, July 13, 2024
For surface mining activities within the proposed
						  permit area to be conducted within 500 feet to any point of either an active or
						  abandoned underground mine, the application shall describe the measures to be
						  used to comply with §§ 87.124-87.129 and 87.135.
This section cited in 25 Pa. Code §
														86.261 (relating to program
							 services).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.77 - Protection of public parks and historic places

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.78 - Public roads

Current through Register Vol. 54, No. 28, July 13, 2024
Each application shall include a description and
						  necessary drawings, approved by the Department of Transportation or the
						  municipality 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 mine access joins that
						  right-of-way.
This section cited in 25 Pa. Code §
														86.81 (relating to program
							 services); and 25 Pa. Code §
														86.261 (relating to program
							 services).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.79 - Disposal of excess spoil

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						application shall contain a description, including appropriate maps and cross
						sections, of the proposed disposal site and design of the spoil disposal
						structures according to §
												87.131 (relating to disposal of
						excess spoil). The description shall include the geotechnical investigation,
						design, construction, operation, maintenance and removal, if appropriate, of
						the site and structures.
(b) 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
						technical description of the rock materials to be utilized in the construction
						of those disposal facilities underlain by a rock drainage blanket.
(5) A stability analysis including, but not
						limited to, strength parameters, pore pressures 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.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.80 - Haul roads, access roads and other transportation facilities

Current through Register Vol. 54, No. 28, July 13, 2024
For each haul road, 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 §§
												87.160 and
						  87.166 (relating to haul roads and
						  access roads; and haul roads and access roads: restoration); or §
												87.172 (relating to other
						  transportation facilities).
This section cited in 25 Pa. Code §
														86.261 (relating to program
							 services).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.81 - Steep slope operations

Current through Register Vol. 54, No. 28, July 13, 2024
For surface mining activities to be conducted on steep
						  slopes, the application shall contain sufficient information to establish that
						  the operation will be conducted in compliance with the requirements of §
												87.174 (relating to steep slope
						  operations). When a variance from regrading the land to approximate original
						  contour is requested, the application shall contain sufficient information to
						  establish that the operation will be conducted in compliance with the
						  requirements of §
												87.175 (relating to variance to
						  contouring).
This section cited in 25 Pa. Code §
														86.261 (relating to program
							 services).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.82 - Auger mining

Current through Register Vol. 54, No. 28, July 13, 2024
For surface mining activities utilizing augering
						  operations, the application shall contain a description of the augering methods
						  to be used and sufficient information to demonstrate compliance with §
						  87.176 (relating to auger mining).
This section cited in 25 Pa. Code §
														86.261 (relating to program
							 services).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter D - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 87.84 - Fish and wildlife protection and enhancement plan

Current through Register Vol. 54, No. 28, July 13, 2024
(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 surface mining activities and how enhancement of
						these resources will be achieved where practicable. This description shall:
(1) Be consistent with the requirements of
						§
													87.138 (relating to protection of
						fish, wildlife and related environmental values).
(2) Apply, at a minimum, to species and
						habitats identified under §
													87.50 (relating to fish and
						wildlife resource information).
(3)
						Include the following:
(i) Protective
						measures that will be used during the active mining phase of operation. The
						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.
(ii)
						Enhancement measures that will be used during the reclamation and postmining
						phase of operation to develop aquatic and terrestrial habitat. The 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.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.91 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Each person who conducts surface coal mining activities
						  shall comply with the performance standards and design requirements of this
						  subchapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.92 - Signs and markers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each person
						who conducts surface mining activities shall identify the operation for the
						duration of the surface mining activities by posting and maintaining a sign
						which will be clearly visible at the junction of each haul road and public
						road. The sign shall be constructed of a durable, weather-resistant material
						and shall be of a minimum size of 2 feet by 3 feet with a light background and
						contrasting letters and numbers of a minimum height of 1 1/2 inches that can be
						easily seen and read. The sign shall show the name, business address and
						telephone number of the person who conducts the surface mining activities and
						the identification number of the current permit authorizing surface mining
						activities.
(b) Perimeter, buffer
						zone and topsoil markers shall:
(1) Be posted
						and maintained during the duration of the surface mining activities to which
						they pertain.
(2) Be clearly
						visible, readable and uniform throughout the operation.
(3) Be made of durable material.
(4) Conform to local zoning ordinances and
						codes.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.93 - Casing and sealing of drilled holes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each exploration hole, other drill or
						borehole, well or other exposed underground opening (except for holes solely
						drilled and used for blasting) shall be cased, sealed or otherwise managed as
						approved by the Department in order to:
(1)
						Prevent acid or other toxic drainage from entering groundwaters or surface
						waters.
(2) Minimize disturbance to
						the prevailing hydrologic balance.
(3) Ensure the safety of people, property,
						livestock, fish and wildlife and machinery in the permit and adjacent
						area.
(4) Prevent groundwater and
						surface water from entering underground mine workings.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.94 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.95 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.96 - Topsoil: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
All topsoil and, if necessary, suitable subsoil shall
						  be separately removed, segregated, conserved and redistributed on areas
						  affected by the surface mining activities.
This section cited in 25 Pa. Code §
														87.68 (relating to reclamation
							 information); 25 Pa. Code §
														87.131 (relating to disposal of
							 excess spoil); and 25 Pa. Code §
														87.166 (relating to haul roads and
							 access roads: restoration).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.98 - Topsoil: storage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Topsoil and
						other materials removed under §
												87.97 (relating to topsoil:
						removal) shall be stockpiled only when it is impractical to promptly
						redistribute such material on regraded areas.
(b) Stockpiled materials shall be selectively
						placed on a stable area within the permit area and located where the material,
						unless approved by the Department, will not be moved or otherwise disturbed by
						the mining activities until required for redistribution on the regraded
						area.
(c) Stockpiled material shall
						be protected from wind and water erosion, unnecessary compaction and
						contaminants which lessen the capability of the materials to support vegetation
						when redistributed. Protective measures shall be accomplished by one of the
						following:
(1) An effective cover of
						nonnoxious quick-growing annual and perennial plants seeded or planted as soon
						as weather and planting conditions permit.
(2) Other methods demonstrated to and
						approved by the Department to provide equal protection.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.99 - Topsoil: redistribution

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Prior to redistribution of topsoil or other material, the regraded land shall
						be scarified or otherwise treated as required by the Department to eliminate
						slippage surfaces and to promote root penetration.
(b) Topsoil and other materials shall be
						redistributed in a manner that:
(1) Achieves
						an approximate uniform, stable thickness consistent with the approved
						postmining land uses, contours and surface water drainage system.
(2) Prevents excess compaction of the topsoil
						and other materials.
(3) Protects
						the topsoil and other materials from wind and water erosion before and after it
						is seeded and planted.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.100 - Topsoil: nutrients and soil amendments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Nutrients and soil amendments in the
						amounts determined by soil tests shall be applied to the surface soil layer so
						that it supports the approved postmining land use and meets the revegetation
						requirements of §§ 87.147-87.153, 87.155 and 87.156.
(b) All soil tests shall be performed using
						standard methods approved by the Department. Results of the soil test shall be
						submitted to the Department.
(c)
						Agricultural or granular limestone used for neutralizing soil acidity shall be
						of sufficient fineness so that a minimum of 95% will pass through a 20 mesh
						sieve and shall contain sufficient calcium and magnesium to be equivalent to
						not less than 89% calcium carbonate. An alternative material of equivalent
						neutralizing effect may be employed.
(d) The use of coal ash, biosolids, and
						residential septage as soil amendments may be approved by the Department if
						demonstrated to be a suitable soil amendment and the requirements of Subpart D,
						Articles VIII and IX (relating to municipal waste; and residual waste
						management) are met.
The provisions of this §
														87.100 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).
This section cited in 25 Pa. Code §
														87.68 (relating to reclamation
							 information); 25 Pa. Code §
														87.104 (relating to stream channel
							 diversions); 25 Pa. Code §
														87.131 (relating to disposal of
							 excess spoil); and 25 Pa. Code §
														87.166 (relating to haul roads and
							 access roads: restoration).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.101 - Hydrologic balance: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Surface mining activities shall be
						planned and conducted to minimize disturbances to the prevailing hydrologic
						balance in the permit and adjacent areas and to prevent material damage to the
						hydrologic balance outside the permit area. The Department may require
						additional preventative, remedial or monitoring measures to assure that
						material damage to the hydrologic balance outside the permit area is
						prevented.
(b) Changes in water
						quality and quantity, the depth of groundwater, and the location of surface
						water drainage channels shall be minimized so that the approved postmining land
						use of the permit area is not adversely affected.
(c) The treatment requirements and effluent
						limitations established under §
												87.102 (relating to hydrologic
						balance: effluent standards) may not be violated.
(d) Each person who conducts surface mining
						activities shall conduct the mining and reclamation operation to prevent water
						pollution and, when necessary, operate and maintain the necessary water
						treatment facilities until applicable treatment requirements and effluent
						limitations established under §
												87.102 are achieved and
						maintained.
(e) Surface mining
						activities shall be planned and conducted to prevent to the maximum extent
						practical the accumulation of water in the pit. Pit water shall be collected
						and pumped to approved water treatment facilities. Pit water may not be
						discharged from the surface mining operation by gravity drains.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.102 - Hydrologic balance: effluent standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Discharge of water
. A
						person may not allow a discharge of water from an area disturbed by coal mining
						activities, including areas disturbed by mineral preparation, processing or
						handling facilities which exceeds the following groups of effluent criteria.
						The effluent limitations shall be applied under subsection (b).
Group A
Parameter
30-day Average
Daily
								  Maximum
Instantaneous Maximum
iron (total)
3.0 mg/l
6.0 mg/l
7.0 mg/l
manganese (total)
2.0 mg/l
4.0
								  mg/l
5.0 mg/l
suspended solids
35 mg/l
70 mg/l
90 mg/l
pH 
								  1
greater than 6.0; less than 9.0
alkalinity greater than acidity 
								  1
1 This parameter is
						  applicable at all times
Group B
Parameter
Instantaneous Maximum
iron (total)
7.0 mg/l
settleable solids
0.5 ml/l
pH
greater than 6.0; less
								  than 9.0
alkalinity greater than acidity
Group C
Parameter
Instantaneous Maximum
pH
greater than 6.0; less
								  than 9.0
alkalinity greater than acidity
(b)
Effluent limitations and
						precipitation exemptions.
Effluent limitations and precipitation
						exemptions are as follows:
(1) The discharges
						specified in this subsection shall comply with the following effluent
						limitations:
Type of Discharge
Precipitation Event
Effluent
								  Limitations
Pit Water
all
Group A
Surface runoff from active
								  area
dry weather less than or equal to 10yr-24hr greater
								  than 10yr-24hr
Group A
Group B
Group C
Surface runoff from area where Stage
								  2 standards achieved
dry weather less than or equal to
								  10yr-24hrgreater than 10yr-24hr
Group A
Group B
Group C
All other discharges
dry weather less than or equal to 10yr-24hr greater than
								  10yr-24hr
Group A
Group B
Group C
(2) To be entitled to the effluent
						limitations in Group B or Group C, the permittee shall comply with §
													87.103 (relating to precipitation
						event exemption).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.103 - Precipitation event exemption

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To
						establish the alternative effluent limitations of Group B or C in §
												87.102(a) 
						(relating to hydrologic balance: effluent standards), a permittee shall
						demonstrate to the Department's satisfaction that, under this section, a
						precipitation event has occurred.
(1) The
						occurrence of a precipitation event greater than a 10-year, 24-hour
						precipitation event may be demonstrated by meeting the requirements of
						subsections (b)-(d) for each discharge that exceeds the effluent limits in
						§
													87.102, unless the permit
						specifies a more stringent water quality based effluent limitation, in which
						case no exemption will be available under this section. If the permittee
						demonstrates to the Department's satisfaction that a greater than 10-year,
						24-hour precipitation event has occurred, the permittee shall meet the effluent
						limitation enumerated as Group C in §
													87.102 (a).
(2) The occurrence of a precipitation event
						equal to or less than a 10-year, 24-hour precipitation event may be
						demonstrated by meeting the requirements of subsections (c) and (d) for each
						discharge that exceeds the effluent limits specified in § 87.102, unless
						the permit specifies a more stringent water quality based effluent limitation,
						in which case no exemption will be available under this section. If the
						permittee demonstrates to the Department's satisfaction that a precipitation
						event equal to or less than a 10-year, 24-hour precipitation event has
						occurred, the permittee shall meet the effluent limitations enumerated as Group
						B in § 87.102(a).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.104 - Stream channel diversions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Flow
						from perennial and intermittent streams within the permit area may be diverted
						if the diversions:
(1) Will not adversely
						affect, during and after mining, the water quantity and quality of the
						stream.
(2) Comply with other
						requirements of this chapter and Chapter 105 (relating to dam safety and
						waterway management).
(3) Comply
						with local, State and Federal statutes and regulations.