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 A - GENERAL PROVISIONS › Section 77.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  chapter, have the following meanings, unless the context clearly indicates
						  otherwise:
AOC
-
Approximate original
						  contour
-Contouring as defined in this section.
Acid drainage
-Water with a pH of less
						  than 6 in which total acidity exceeds total alkalinity.
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.
Act
-The Noncoal Surface Mining
						  Conservation and Reclamation Act (52 P. S. §§
													3301-3326).
Active operation
-An operation in
						  which a minimum of 500 tons of minerals for commercial purposes have been
						  removed in the preceding calendar year.
Adjacent area
-Land located outside the
						  permit area within 1,000 feet.
Aggregate Advisory Board
-The Board
						  created by section 18(g.1) of the Surface Mining Conservation and Reclamation
						  Act (52 P.S. §
													1396.18(g.1))
						  regarding the creation, composition and duties of the Aggregate Advisory
						  Board.
Annual administration fee
-A
						  nonrefundable filing fee assessed on an annual basis for the cost to the
						  Department of inspecting a permitted activity or facility to administer the
						  permit.
Applicant
-A person who seeks to obtain
						  a permit from the Department to conduct noncoal mining activities under this
						  chapter.
Application
-The documents and other
						  information filed with the Department for the issuance of a permit.
Aquifer
-A zone, stratum or group of
						  strata that can store and transmit water in sufficient quantities for a
						  specific use.
Blast
-A detonation of
						  explosives.
Blasting
-The detonation of
						  explosives.
Bond
-An instrument by which a
						  permittee assures faithful performance of the requirements of the environmental
						  acts and the act and applicable regulations promulgated thereunder.
Common use roads
-Existing roadways
						  that normally are utilized by two or more operators, agencies or persons for
						  access, safety, fire protection and other common purposes.
Compaction
-Increasing the bulk density
						  of a material by reducing the voids between the particles which is generally
						  accomplished by controlled placement and mechanical effort, such as from
						  repeated application of wheel, track or roller loads from heavy
						  equipment.
Complete application
-An application
						  for a permit which contains an application form properly completed, signed and
						  witnessed, a filing fee, proof of publication, the standard reports or forms
						  required by the Department to process a permit and which demonstrates
						  compliance with applicable laws and regulations.
Contouring
-Reclamation of the land
						  affected to approximate original contour 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.
Degree
-The inclination from the
						  horizontal.
Disturbed area
-An area where
						  vegetation, topsoil or overburden is removed or upon which topsoil, spoil or
						  noncoal waste is placed by surface mining activities. Areas are classified as
						  disturbed until reclamation is complete and the performance bond or other
						  assurance of performance required by Subchapter D (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.
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 similar
						  purposes.
Environmental acts
-The term includes
						  the following:
(i) The Administrative
						Code of 1929 (71 P.S. §§
													51-720.13).
(ii) The Air Pollution Control Act
						(35
						P.S. §§
													4001-4015).
(iii) The Clean Streams Law (35 P.S.
						§§
													691.1-691.1001).
(iv) The Dam Safety and Encroachments Act
						(32
						P.S. §§
													693.1-693.27).
(v) The Pennsylvania Solid Waste Management
						Act (repealed) and Solid Waste Management Act (35 P.S. §§
													6018.101-6018.1003).
(vi) The Surface Mining Conservation and
						Reclamation Act (52 P.S. §§
													1396.1-1396.19b).
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
-Particulate matter not
						  emitted from a duct or stack which becomes airborne due to the forces of wind
						  or surface noncoal mining activities, or both. During surface noncoal mining
						  activities the term may include emissions from haul roads; wind erosion of
						  exposed surfaces, storage piles, processing facilities and spoil piles;
						  reclamation operations; and other activities in which material is either
						  removed, stored, transported or redistributed.
General area
-The topographic and
						  groundwater basin, with respect to hydrology, surrounding a permit area which
						  is of sufficient size, including areal extent and depth, to include one or more
						  watersheds containing perennial streams and groundwater zones.
General permit
-A permit that is used
						  for any category of noncoal surface mining activities authorized by the act if
						  the Department determines that the activities in the category are similar in
						  nature and can be adequately regulated utilizing standardized specifications
						  and conditions. A general permit shall specify the design, operating and
						  monitoring requirements necessary to adequately protect life, health, property
						  and the environment and under which the surface mining activities may be
						  conducted.
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
-Subsurface waters of the
						  Commonwealth.
Haul road
-Roads that are planned,
						  designed, located, constructed, utilized and maintained for the life of the
						  surface mine activities for the transportation of equipment, fuel, personnel,
						  noncoal and other operating resources from a public highway or common use road
						  to points within the surface mine or between principal operations on the mine
						  site, or both. The term does not include roads within the pit.
Highwall
-The face of exposed
						  overburden and mineral in an open cut of a surface mining operation or for
						  entry to underground mining activities.
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. The term includes 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.
Insignificant boundary correction
-A
						  small or inconsequential change to the permit boundary to correct an error in
						  mapping, surveying or other minor adjustment that results in no significant
						  difference in environmental impact.
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 use
-Specific uses or
						  management-related activities. Land uses may be identified in combination when
						  joint or seasonal uses occur. Changes of land uses 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 includes the
						  following:
(i)
Commerical
						forestland
-Land used and managed primarily for the long term
						production of wood, wood fiber or wood derived products. The term includes land
						used for facilities in support of forest harvest and management operations
						which is adjacent to, or an integral part of, these operations.
(ii)
Cropland
-Land used for
						the production of adapted crops for harvest, alone or in a rotation with
						grasses and legumes, and row crops, small grain crops, hay crops, nursery
						crops, orchard crops and other similar agronomic and horticultural crops. The
						term includes land used for facilities in support of cropland farmland
						operations which is adjacent to, or an integral part of, these
						operations.
(iii)
Developed
						water resources
-Land used for storing water for beneficial uses, such
						as stockponds, irrigation, fire protection, flood control and water
						supply.
(iv)
Fish and
						wildlife habitat
-Land and water used wholly or partially for the
						production, protection or management of species of fish or wildlife.
(v)
Forestland
-Land used for
						the long term production of wood, wood fiber or wood derived products;
						watershed protection; site stabilization and for the production, protection and
						management of species of fish and wildlife. The term includes land used for
						facilities in support of forestry and watershed management operations which is
						adjacent to, or an integral part of, these operations.
(vi)
Industrial/commercial
						land
-Land used for the following:
(A) Extraction or transformation of materials
						for fabrication of products, wholesaling of products or for long term storage
						of lumber and wood processing, chemical manufacturing, petroleum refining and
						fabricated metal products manufacture. The term includes land used for
						facilities in support of these operations which is adjacent to, or an integral
						part of, that operation. Support facilities include, but are not limited to,
						rail, road and other transportation facilities.
(B) Retail or trade of goods or services,
						including hotels, motels, stores, restaurants and other commercial
						establishments. The term includes land used for facilities in support of
						commercial operations. Support facilities include parking, storage or shipping
						facilities.