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 E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.147 - Revegetation: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Vegetation shall be established on land
						affected by surface mining activities.
(b) Revegetation shall provide for a diverse,
						effective and permanent vegetative cover of the same seasonal variety native to
						the area of land to be affected and capable of self-regeneration and plant
						succession at least equal in extent of cover to the natural vegetation of the
						area, except that introduced species may be used in the revegetation process
						when desirable and necessary to achieve the approved postmining land use plan.
						Vegetative cover shall be considered of the same seasonal variety when it
						consists of a mixture of species of equal or superior utility for the approved
						postmining land use, when compared with the utility of naturally occurring
						vegetation during each season of the year.
(1) For areas previously disturbed by surface
						mining activities that were not reclaimed to the standards of SMCRA and this
						chapter, and are proposed to be reaffected or redisturbed, the Department may
						approve a vegetative cover which, at a minimum, may not be less than the
						vegetative cover existing before redisturbance and shall be adequate to control
						erosion and achieve the approved postmining land use.
(2) For areas designated as prime farmland,
						§§ 87.177-87.181 apply.
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 87.148 - Revegetation: timing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A disturbed
						area shall be seeded and planted when weather and planting conditions permit,
						but the seeding and planting of a disturbed area shall be performed prior to
						the end of the first full normal period for favorable planting after
						backfilling and grading. The normal periods for favorable planting are:
(1) Early spring until May 30, and August 10
						until September 15 for permanent herbaceous species.
(2) Early spring until May 20 for woody
						species.
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 87.149 - Revegetation: introduced species

Current through Register Vol. 54, No. 28, July 13, 2024
The use of introduced species in the revegetation
						  process may be approved by the Department under the following conditions:
(1) The species have been proven
						acceptable through field trials to be capable of providing permanent vegetation
						and are desirable and necessary to achieve the approved postmining land
						use.
(2) The species are necessary
						to achieve a quick, temporary and stabilizing cover that aids in controlling
						erosion, and measures to establish permanent vegetation are included in the
						approved plan submitted in §
												87.68 (relating to reclamation
						information).
(3) The species are
						compatible with the plant and animal species of the region.
(4) The species meet the requirements of
						applicable State and Federal seed or introduced species statutes and are not
						poisonous or noxious.
This section cited in 25 Pa. Code §
														87.68 (relating to reclamation
							 information); 25 Pa. Code §
														87.100 (relating to topsoil:
							 nutrients and soil amendments); 25 Pa. Code §
														87.104 (relating to stream channel
							 diversions); 25 Pa. Code §
														87.108 (relating to hydrologic
							 balance: sedimentation ponds); and 25 Pa. Code §
														87.138 (relating to protection of
							 fish, wildlife and related environmental
							 values).
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 87.150 - Revegetation: agriculture crops

Current through Register Vol. 54, No. 28, July 13, 2024
When the approved postmining land use is cropland, the
						  planting of agriculture crops normally grown in the general locality of the
						  permit area will satisfy the revegetation requirements of §
												87.147 (relating to revegetation:
						  general requirements). If planting of the crop will be delayed, a temporary
						  cover of annual or perennial grasses or small grains shall be
						  established.
This section cited in 25 Pa. Code §
														87.68 (relating to reclamation
							 information); 25 Pa. Code §
														87.100 (relating to topsoil:
							 nutrients and soil amendments); 25 Pa. Code §
														87.104 (relating to stream channel
							 diversions); 25 Pa. Code §
														87.108 (relating to hydrologic
							 balance: sedimentation ponds); and 25 Pa. Code §
														87.138 (relating to protection of
							 fish, wildlife and related environmental
							 values).
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 87.151 - Revegetation: species

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Species,
						rates and techniques of seeding and planting shall be adequate to achieve the
						standards for successful revegetation of §
												87.155 (relating to revegetation:
						standards for successful revegetation).
(b) Legume seed shall be inoculated or
						treated with the specific inoculant for that seed, and the seed shall be seeded
						within 24 hours after inoculation or treatment.
(c) A single tree or shrub species may not
						comprise more than 50% of the total number of seedlings planted.
(d) When the approved postmining land use is
						fish and wildlife habitat, unless alternative plans are approved or required by
						the Department, a minimum of 75% of the land affected shall be planted with a
						mixture of woody species which provides a diverse plant community. The
						remaining affected area shall be planted to an approved herbaceous cover. The
						configuration and species composition of the cover types shall be established
						in accordance with guidelines established by the Fish and Boat Commission and
						the Game Commission.
This section cited in 25 Pa. Code §
														87.68 (relating to reclamation
							 information); 25 Pa. Code §
														87.100 (relating to topsoil:
							 nutrients and soil amendments); 25 Pa. Code §
														87.104 (relating to stream channel
							 diversions); 25 Pa. Code §
														87.108 (relating to hydrologic
							 balance: sedimentation ponds); 25 Pa. Code §
														87.138 (relating to protection of
							 fish, wildlife and related environmental values); and 25 Pa. Code §
														87.155 (relating to revegetation:
							 standards for successful
							 revegetation).
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 87.152 - Revegetation: seedbed preparation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The soil surface shall be prepared by
						disking or harrowing. If soil conditions or steep slopes prohibit these
						practices, the soil surface shall be scarified by any mechanical method which
						will loosen the surface material. Scarification will not be required if seeding
						is done immediately following final grading when the soil is still
						loose.
(b) Disking or harrowing
						shall be accomplished following or along the contours of all slopes.
(c) Topsoil shall be disked or harrowed to a
						depth of at least three inches prior to seeding.
This section cited in 25 Pa. Code §
														87.68 (relating to reclamation
							 information); 25 Pa. Code §
														87.100 (relating to topsoil:
							 nutrients and soil amendments); 25 Pa. Code §
														87.104 (relating to stream channel
							 diversions); 25 Pa. Code §
														87.108 (relating to hydrologic
							 balance: sedimentation ponds); and 25 Pa. Code §
														87.138 (relating to protection of
							 fish, wildlife and related environmental
							 values).
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 87.153 - Revegetation: mulching

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Mulch
						shall be applied to all regraded and topsoiled areas at rates adequate to
						control erosion, promote germination of seeds and increase the moisture
						retention of the soil, except the Department may waive the requirement for
						mulch under the following conditions:
(1) When
						seeding can be accomplished using a conventional agricultural farm
						drill.
(2) When the approved
						postmining land use is for agricultural row crops.
(3) When annual grasses or small grains will
						be seeded immediately following final grading, resulting in a quick vegetative
						cover which will provide adequate soil erosion control.
(4) When the permittee can demonstrate that
						alternative procedures will achieve the standards for revegetation success of
						§
													87.155 (relating to revegetation:
						standards for successful revegetation).
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 87.154 - 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 87.155 - Revegetation: standards for successful revegetation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the approved postmining land use is
						cropland, or as provided in subsection (c):
(1) The standards for successful revegetation
						shall be based upon crop productivity or yield.
(2) The approved standards shall be the
						average yields per acre for the crop and soil type as specified in the Soil
						Surveys of the United States Department of Agriculture Natural Resources
						Conservation Service.
(3) The
						productivity or yield of the mined area shall be equal to or greater than the
						approved standard for the last two consecutive growing seasons of the 5-year
						responsibility period established in §
													86.151 (relating to period of
						liability). Productivity or yield shall be considered equal if production or
						yield is at least 90% of the approved standard.
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 87.156 - Revegetation: techniques and frequency of measurement

Current through Register Vol. 54, No. 28, July 13, 2024
The person who conducts surface mining activities shall
						  conduct periodic measurements of vegetation to identify conditions during the
						  applicable periods of responsibility specified in §
												86.151 (relating to period of
						  liability). The permittee shall report the findings of these measurements to
						  the Department.
This section cited in 25 Pa. Code §
														87.68 (relating to reclamation
							 information); 25 Pa. Code §
														87.100 (relating to topsoil:
							 nutrients and soil amendments); 25 Pa. Code §
														87.104 (relating to stream channel
							 diversions); 25 Pa. Code §
														87.108 (relating to hydrologic
							 balance: sedimentation ponds); and 25 Pa. Code §
														87.138 (relating to protection of
							 fish, wildlife and related environmental
							 values).
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 87.157 - Cessation of operations: temporary

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Before temporary cessation status of
						operations for a period of 30 days or more, an operator shall submit to the
						Department a notice of intention to temporarily cease operations. The notice
						shall include a statement of the exact number of acres affected in the permit
						area, the extent and kind of reclamation of the areas and identification of the
						backfilling, regrading, revegetation, environmental monitoring, and water
						treatment activities that will continue during the temporary cessation
						status.
(b) Temporary cessation
						status of operations does not relieve the operator of the obligations to comply
						with the acts as defined in §
												86.1 (relating to definitions),
						Chapters 86-90, or the approved permit, including the obligation to submit an
						application for permit renewal at least 180 days before the expiration of the
						existing permit. The Department may enforce these obligations during the
						temporary cessation status of operations.
(c) Temporary cessation status will end with
						the resumption of coal extraction. Any subsequent notices of temporary
						cessation status must include updated information outlined in subsection
						(a).
(d) Temporary cessation status
						will terminate where the Department finds a failure to comply with the acts as
						defined in §
												86.1, Chapters 86-90, or the
						approved permit. Termination of temporary cessation status due to failure to
						comply with the acts as defined in § 86.1, Chapters 86-90, or the approved
						permit will place the mining operation in permanent cessation status, subject
						to the provisions of §
												87.158 (relating to cessation of
						operations: permanent).
The provisions of this §
														87.157 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).
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 87.158 - Cessation of operations: permanent

Current through Register Vol. 54, No. 28, July 13, 2024
Operations that are permanently ceased shall be
						  backfilled or closed or otherwise permanently reclaimed in accordance with this
						  chapter and the permit. All underground openings, equipment, structures or
						  other facilities not required for monitoring, unless approved by the Department
						  as suitable for the postmining land use, shall be removed and the affected land
						  reclaimed.
This section cited in 25 Pa. Code §
														87.144 (relating to backfilling
							 and grading: final slopes); and 25 Pa. Code §
														87.157 (relating to cessation of
							 operations: temporary).
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 87.159 - Postmining land use

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to the
						release of land from permit area in accordance with Chapter 86, Subchapter F
						(relating to bonding and insurance requirements), affected areas shall be
						restored in a timely manner to conditions that are capable of supporting the
						uses which they were capable of supporting before any mining, or to higher and
						better uses achievable under criteria and procedures of this section.
(b) The premining use of land to which the
						postmining land use is compared shall be determined by the following:
(1) The postmining land use for land that has
						not been previously mined and has been properly managed shall be judged on the
						basis of those uses which the land previously supported.
(2) The postmining land use for land that has
						been previously mined and not reclaimed shall be judged on the basis of the
						condition prior to any mining or to a higher or better use that can be achieved
						and is compatible with surrounding areas.
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 87.161 - 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 87.162 - 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 87.163 - 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 87.164 - 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 87.165 - 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 87.166 - Haul roads and access roads: restoration

Current through Register Vol. 54, No. 28, July 13, 2024
Unless the Department approves retention of a road as
						  suitable for the approved postmining land use in accordance with §
												87.159 (relating to postmining
						  land use), as soon as practicable after the road is no longer needed for the
						  associated surface mining activities:
(1) The road shall be physically closed to
						vehicular traffic.
(2) The road and
						adjacent slopes shall be regraded to blend with the natural contours and
						drainage pattern.
(3) Bridges and
						culverts shall be removed.
(4)
						Roadbeds shall be ripped or scarified.
(5) Fill slopes shall be rounded or reduced
						and shaped to conform the site to adjacent terrain and to meet natural drainage
						restoration standards.
(6) Cut
						slopes shall be shaped to blend with the natural contour.
(7) Cross drains, dikes and water bars shall
						be constructed to minimize erosion.
(8) Terraces shall be constructed as
						necessary to prevent excessive erosion and to provide long-term stability in
						cut and fill slopes.
(9) Road
						surfacing materials shall be removed if the materials are incompatible with the
						postmining land use and establishment of vegetation.
(10) Disturbed areas shall be covered with
						topsoil in accordance with §§
												87.96-87.100 and revegetated in
						accordance with §
												87.147 (relating to revegetation:
						general requirements).
(11) Excess
						material and debris shall be disposed of in a manner approved by the
						Department.
This section cited in 25 Pa. Code §
														86.134 (relating to coal
							 exploration performance and design standards); 25 Pa. Code §
														87.80 (relating to haul roads,
							 access roads and other transportation facilities); 25 Pa. Code §
														87.160 (relating to haul roads and
							 access roads); and 25 Pa. Code §
														87.174 (relating to steep slope
							 operations).
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 87.167 - 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 87.168 - 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 87.169 - 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 87.170 - 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 87.171 - 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 87.172 - Other transportation facilities

Current through Register Vol. 54, No. 28, July 13, 2024
Railroad loops, spurs, sidings, surface conveyor
						  systems, chutes, aerial tramways or other transportation facilities shall be
						  designed, constructed or reconstructed, and maintained, and the area restored
						  to:
(1) Prevent, to the maximum extent
						possible using the best technology currently available:
(i) Damage to fish, wildlife and related
						environmental values.
(ii) Erosion
						and additional contributions of suspended solids to stream flow or runoff
						outside the permit area. Any such contributions may not be in excess of
						limitations of State or Federal law.
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 87.173 - Support facilities and utility installations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Support facilities required for, or used
						incidentally to, the operation of the mine, including, but not limited to, mine
						buildings, coal loading facilities at or near the mine-site, coal storage
						facilities, equipment storage facilities, fan buildings, hoist buildings,
						preparation plants, sheds, shops and other buildings shall be located,
						maintained and used in a manner that does the following:
(1) Prevents or controls erosion and
						siltation, water pollution and damage to public or private property.
(2) To the extent possible using the best
						technology currently available minimizes:
(i)
						Damage to fish, wildlife and related environmental values.
(ii) Additional contributions of suspended
						solids to streamflow or runoff outside the permit area. These contributions may
						not be in excess of limitations of State or Federal
						law.
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 87.174 - Steep slope operations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						person who conducts or intends to conduct surface mining and reclamation
						operations on steep slopes shall comply with this subchapter and this section,
						except to the extent a variance is approved under §
												87.175 (relating to variance to
						contouring).
(b) Debris, from
						clearing and grubbing of haul road construction, abandoned or disabled
						equipment, spoil material, waste mineral matter or other waste material may not
						be placed on the downslope below the bench or mining cut, except for material
						used to construct road embankment in accordance with §§
												87.160,
						87.166 and
						87.172 (relating to haul roads and
						access roads; haul roads and access roads: restoration; and other
						transportation facilities).
(c) The
						disturbed area shall be returned to approximate original contours by completely
						covering the highwall with compacted spoil and grading the area in accordance
						with §§
												87.141,
						87.142 and
						87.144-87.146. The person who conducts
						the surface mining and reclamation operation shall demonstrate to the
						Department, using standard geotechnical analysis, that the minimum static
						factor of safety for the stability of all portions of the reclaimed land is at
						least 1.3.
(d) Land above the
						highwall may not be disturbed unless the Department finds that the disturbance
						facilitates compliance with this subchapter.
(e) Material in excess of that required by
						the grading and backfilling provisions of subsection (b) shall be disposed of
						in accordance with the requirements of §
												87.131 (relating to disposal of
						excess spoil).
(f) Woody materials
						may not be buried in the backfilled area unless the applicant demonstrates that
						the proposed method for disposal of the woody materials will not deteriorate
						the stability of the backfilled area as required by subsection (b). Wood may be
						chipped and used as mulch if the requirements of §
												87.153 (relating to revegetation:
						mulching) are met.
This section cited in 25 Pa. Code §
														87.81 (relating to steep slope
							 operations).
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 87.175 - Variance to contouring

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department may approve a variance from regrading the land to approximate
						original contour provided the applicant demonstrates and the Department finds
						in writing that:
(1) The owner of the surface
						requests, in writing, that a variance be granted to render the land, after
						reclamation, suitable for an industrial, commercial, residential or public use,
						including recreational facilities.
(2) The watershed of the area is
						improved.
(3) The highwall is
						completely backfilled with spoil material, in a manner which results in static
						factor of safety of at least 1.3-using standard geotechnical analyses-after
						mining and reclamation.
(4) The
						proposed use, after consultation with the appropriate land use planning
						agencies, if any, constitutes an equal or better economic or public
						use.
(5) The proposed use is
						designed and certified by a qualified registered professional engineer in
						conformance with professional standards established to assure the stability,
						drainage and configuration necessary for the intended use of the
						site.
(6) Only the amount of spoil
						will be placed off the mine bench as is necessary to achieve the planned
						postmining land use, insure stability of the spoil retained on the bench and
						meet all other requirements of this chapter. All spoil not retained on the
						bench shall be placed in accordance with §§ 87.131, 87.141, 87.142,
						87.144 and 87.145.
(7) The
						requirements of §
													87.159 (relating to postmining
						land use) for alternate postmining land use are met.
(8) Land above the highwall is disturbed only
						to the extent that is necessary to do one of the following:
(i) Blend the solid highwall and the
						backfilled material.
(ii) Control
						surface runoff.
(iii) Provide
						access to the area above the highwall.
(iv) Meet the requirements of this
						chapter.
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 87.176 - Auger mining

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Auger
						mining associated with surface mining activities shall be conducted to maximize
						recoverability of mineral reserves remaining after the mining activities are
						completed. A person who conducts auger mining operations shall leave areas of
						undisturbed coal to provide access for removal of those reserves by future
						underground mining activities, unless the person who conducts surface mining
						activities demonstrates to the satisfaction of the Department that the coal
						reserves have been depleted or are limited in thickness or extent to the point
						that it will not be practicable to recover the remaining coal
						reserves.
(b) An auger hole may not
						be made closer that 500 feet (152.40 meters) in horizontal distance to
						abandoned or active underground mine workings, except as approved in accordance
						with §
												87.135 (relating to protection of
						underground mining).
(c) To prevent
						pollution of surface water and groundwater and to reduce fire hazards, an auger
						hole shall be plugged to prevent the discharge of water from the hole and
						access of air to the coal. An auger hole shall be plugged within 30 days after
						completion by backfilling and compacting noncombustible and impervious material
						into the hole to a depth sufficient to form a watertight seal. Plugging shall
						be done within 72 hours after completion if the holes are discharging water
						containing acid or toxic forming material.
(d) The Department will prohibit auger mining
						unless the person conducting the surface mining activities demonstrates, the
						following
(1) Adverse water quality impacts
						can be prevented or corrected.
(2)
						Fill stability can be achieved.
(3)
						The auger mining is necessary to maximize the utilization, recoverability or
						conservation of the solid fuel resources.
(4) Subsidence resulting from auger mining
						will not disturb or damage powerlines, pipelines, buildings or other
						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 E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.177 - Prime farmland: special requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the surface mining activities are
						being conducted on prime farmland historically used for cropland, a permit for
						the mining and reclamation operation may be granted by the Department if it
						first finds, in writing, and after consultation with the Natural Resources
						Conservation Service, that the applicant has demonstrated that:
(1) The approved postmining land use of these
						prime farmlands will be cropland.
(2) The applicant has the technological
						capability to restore the prime farmland, within a reasonable time, to
						equivalent or higher levels of yield as nonmined prime farmland in surrounding
						areas under equivalent levels of management.
(3) The proposed operations will be conducted
						in compliance with the requirements of this section and §§
						87.178-87.181.
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 87.178 - Prime farmland: soil removal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Soil
						materials to be used in the reconstruction of the prime farmland soil shall be
						removed before drilling, blasting or mining, in accordance with this section
						and in a manner that prevents mixing or contaminating these materials with
						undesirable material. Soil materials shall be removed in a manner that controls
						erosion and does not result in air and water pollution.
(b) The entire A horizon shall be separately
						removed from other soil and overburden materials.
(c) The B horizon, a combination of the B
						horizon and underlying C horizon, or other suitable soil material which will
						create a reconstructed soil of equal or greater productive capacity than that
						which existed before mining shall be separately removed from other topsoil and
						overburden materials.
(d) The
						underlying C horizons, other strata, or a combination of horizons or other
						strata to be used instead of the B horizon shall be separately removed from
						other topsoil and overburden materials. When replaced, these combinations shall
						be equal to, or more favorable for plant growth than, the B horizon.
(e) The minimum depth of soil and soil
						material to be removed for use in reconstruction of prime farmland soils shall
						be sufficient to meet the soil replacement requirements of §
												87.180(a) 
						(relating to prime farmland: soil replacement).
This section cited in 25 Pa. Code §
														86.159 (relating to self-bonding);
							 25 Pa. Code §
														87.83 (relating to prime
							 farmlands); 25 Pa. Code §
														87.147 (relating to revegetation:
							 general requirements); 25 Pa. Code §
														87.177 (relating to prime
							 farmland: special requirements); 25 Pa. Code §
														87.179 (relating to prime
							 farmland: soil stockpiling); and 25 Pa. Code §
														87.180 (relating to prime
							 farmland: soil replacement).
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 87.179 - Prime farmland: soil stockpiling

Current through Register Vol. 54, No. 28, July 13, 2024
If not utilized immediately, the A horizon specified in
						  §
												87.178(b)
						  (relating to prime farmland: soil removal), and the B horizon or other suitable
						  soil materials specified in §
												89.178(c) and (d)
						  shall be stored separately from each other and from spoil. These stockpiles
						  shall be placed within the permit area where they are not disturbed or exposed
						  to excessive water or wind erosion before the stockpiledhorizons can be
						  redistributed. Stockpiles in place for more than 30 days shall meet the
						  requirements of §
												87.98 (relating to topsoil:
						  storage).
This section cited in 25 Pa. Code §
														86.159 (relating to self-bonding);
							 25 Pa. Code §
														87.83 (relating to prime
							 farmlands); 25 Pa. Code §
														87.147 (relating to revegetation:
							 general requirements); and 25 Pa. Code §
														87.177 (relating to prime
							 farmland: special requirements).
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 87.180 - Prime farmland: soil replacement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The minimum depth of soil and soil material to be reconstructed for prime
						farmland shall be 48 inches, or a depth equal to the depth of a subsurface
						horizon in the natural soil that inhibits root penetration, whichever is
						shallower. The Department shall specify a depth greater than 48 inches whenever
						necessary to restore productive capacity due to uniquely favorable soil
						horizons at greater depths. Soil horizons shall be considered as inhibiting
						root penetration if their densities, chemical properties or water supplying
						capacities restrict or prevent penetration by roots of plants common to the
						vicinity of the permit area and have little or no beneficial effect on soil
						productive capacity.
(b) Soil
						material shall be replaced only on land which has been first returned to final
						grade and scarified according to §§
												87.141,
						87.142,
						87.144 and
						87.145, unless site-specific
						evidence is provided to and approved by the Department showing that
						scarification will not enhance the capability of the reconstructed soil to
						achieve equivalent or higher levels of yield.
(c) The soil horizons or other suitable soil
						material shall be replaced in a manner that avoids excessive compaction and
						creates a reconstructed soil of equal or greater productive capacity than that
						which existed before mining.
(d)
						The B horizon or other suitable material specified in §
												87.178(c) and (d)
						 (relating to prime farmland: soil removal)
						shall be replaced to the thickness needed to meet the requirements of
						subsection (a).
(e) The A horizon
						specified in §
												87.178(b) shall
						be replaced as the final surface soil layer. This surface soil layer shall
						equal or exceed the thickness of the original soil, as determined in §
												87.83 (relating to prime
						farmlands), and be replaced in a manner that protects the surface layer from
						wind and water erosion before it is seeded or planted.
(f) Nutrients and soil amendments shall be
						applied as needed to quickly establish vegetative growth.
This section cited in 25 Pa. Code §
														86.159 (relating to self-bonding);
							 25 Pa. Code §
														87.83 (relating to prime
							 farmlands); 25 Pa. Code §
														87.147 (relating to revegetation:
							 general requirements); 25 Pa. Code §
														87.177 (relating to prime
							 farmland: special requirements); and 25 Pa. Code §
														87.178 (relating to prime
							 farmland: soil removal).
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 F - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 87.201 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
						specifies procedures and rules applicable to those who seek authorization to
						conduct surface coal mining activities on certain areas which have been
						previously affected by mining activities and where mining has resulted in
						continuing water pollution, and describes the terms and conditions under which
						the Department may release bonds to operators who have received the
						authorization. Receipt of the authorization entitles an operator to later
						request bond release for areas which continue to discharge pollutional
						material.
(b) Chapter 86 (relating
						to surface and underground coal mining: general) and Subchapters A and C-E
						apply to authorizations to mine areas with pre-existing pollutional discharges
						except as specifically modified by 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 F - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 87.203 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Authorization
						may not be granted under this subchapter unless the authorization is part of:
(1) A permit issued after March 8, 1986, but
						only if the authorization request is made during one of the following periods:
(i) At the time of the submittal of the
						permit application for the surface coal mining activities, including the
						proposed pollution abatement area.
(ii) Prior to a Department decision to issue
						or deny that permit.
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 F - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 87.204 - Application for authorization

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						operator who requests authorization under this subchapter shall comply with the
						permit application requirements of Chapter 86 (relating to surface and
						underground coal mining: general) and Subchapters A and C-E, except as
						specifically modified by this subchapter. The operator shall also:
(1) Delineate on a map the proposed pollution
						abatement area, including the location of the pre-existing
						discharges.
(2) Provide a
						description of the hydrologic balance for the proposed pollution abatement area
						that includes:
(i) Results of a detailed water
						quality and quantity monitoring program, including seasonal variations,
						variations in response to precipitation events and modeled baseline pollution
						loads using this monitoring program.
(ii) Monitoring for flow, pH, alkalinity,
						acidity, total iron, total manganese, total aluminum, sulfates, total suspended
						solids and other water quality parameters the Department deems
						relevant.
(3) Provide a
						pollution abatement plan which must:
(i)
						Describe the pollution abatement area.
(ii) Be designed to reduce the pollution load
						from pre-existing discharges and identify the selected best management
						practices (BMP) to be used.
(iii)
						Describe the design specifications, construction specifications, maintenance
						schedules, criteria for monitoring and inspection, and expected performance of
						the BMPs.
(iv) Represent best
						technology and include:
(A) Plans,
						cross-sections and schematic drawings describing the pollution abatement plan
						proposed to be implemented.
(B) A
						description and explanation of the range of abatement level that probably can
						be achieved, costs and each step in the proposed pollution abatement
						plan.
(C) A description of the
						standard of success for revegetation necessary to insure success of the
						pollution abatement plan.
(v) Provide a description of and information
						on the pre-existing discharges hydrogeologically connected to the remining
						area.
(4) Determine the
						baseline pollution load.
(5)
						Provide the background data that are the bases for the baseline pollution load.
						The baseline pollution load shall be reported in pounds per day.