Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter F - ANTHRACITE UNDERGROUND MINES › Section 88.482 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  subchapter, have the following meanings, unless the context clearly indicates
						  otherwise:
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.
Adjacent area
-Land located outside
						  the permit area, where air, surface or groundwater, fish, wildlife, vegetation
						  or other resources protected by this chapter may be adversely impacted by
						  mining and reclamation operations.
Aquifer
-A zone, stratum or group of
						  strata that can store and transmit water in sufficient quantities for a
						  specific use.
Best technology currently
						  available
-Equipment, devices, systems, methods or techniques which
						  will:
(i) Prevent, to the extent
						possible, additional contributions of suspended solids to stream flow or runoff
						outside the permit area, but in no event result in contributions of suspended
						solids in excess of requirements set by applicable State or Federal
						laws.
(ii) Minimize, to the extent
						possible, disturbances and adverse impacts on fish and wildlife and related
						environmental values, and achieve enchancement of those resources where
						practicable. The term includes equipment, devices, systems, methods or
						techniques which are currently available anywhere as determined by the
						Secretary, even if they are not in routine use. The term includes, but is not
						limited to, construction practices, siting requirements, vegetative selection
						and planting requirements, scheduling of activities and design of sedimentation
						ponds in accordance with this chapter.
Coal
-Anthracite coal.
Coal seam
-Anthracite coal vein.
Cropland
-Land used for the production
						  of adapted crops for harvest, alone or in a rotation with grasses and legumes.
						  The term includes row crops, small grain crops, hay crops, nursery crops,
						  orchard crops and similar specialty crops.
Disburbed area
-An area where
						  vegetation, topsoil or overburden is removed or upon which topsoil, spoil, coal
						  processing waste, underground development waste or noncoal waste is placed by
						  coal mining operations.
Diversion
-A channel, embankment or
						  other manmade structure constructed at a controlled slope to divert water from
						  one area to another.
Dry weather flow
-The base flow or
						  surface discharge from an area or treatment facility which occurs immediately
						  prior to a precipitation event and which resumes 24 hours after the
						  precipitation event ends.
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 other similar
						  purposes.
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.
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
-All subsurface waters of
						  the Commonwealth.
Historically used for cropland
-One or
						  more of the following:
(i) Lands that
						have been used for cropland for any 5 years or more out of the 10 years
						immediately preceding the acquisition, including purchase, lease or option, of
						the land for the purpose of conducting or allowing, through resale, lease or
						option, the conduct of surface coal mining activities.
(ii) Lands that the Department determines, on
						the basis of additional cropland history of the surrounding lands and the lands
						under consideration, that the permit area is clearly cropland but falls outside
						the specific 5-years-in-10 criterion. In which case, the regulations from prime
						farmland may be applied to include more years of cropland history only to
						increase the prime farmland acreage to be preserved.
(iii) Lands that would likely have been used
						as cropland for any 5 out of the last 10 years immediately preceding such
						acquisition but for the same fact of ownership or control of the land unrelated
						to the productivity of the land.
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 encompasses 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.
Interim permit
-A permit issued by the
						  Department prior to the effective date of these regulations and in accordance
						  with the requirements of Chapter 13 (relating to compliance with the Surface
						  Mining Control and Reclamation Act of 1977).
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.
Mine
-All underground areas contained
						  within a continuous barrier of undisturbed coal and all openings to the surface
						  from those areas.
Operator
-A person or municipality
						  engaged in underground mining activities as a principal, as distinguished from
						  an agent or independent contractor. When more than one person is engaged in
						  coal mining activities in a single operation, they shall be deemed jointly and
						  severally responsible for compliance with the provisions of the Surface Mining
						  Conservation and Reclamation Act (52 P. S. §§
													1396.1-1396.19b), The Clean Streams Law
						  (35
						  P. S. §§
													691.1-691.1001) and the
						  Coal Refuse Disposal Control Act (52 P. S. §§
													30.51-30.66).
Overburden
-The strata or material
						  overlying a coal deposit or in between coal deposits in its natural state, and
						  such material before or after its removal by surface mining.
Perennial stream
-A body of water
						  flowing in a channel or bed composed primarily of substrates associated with
						  flowing waters and is capable, in the absence of pollution or other manmade
						  stream disturbances, of supporting a benthic macroinvertebrate community which
						  is composed of two or more recognizable taxonomic groups of organisms which are
						  large enough to be seen by the unaided eye and can be retained by a United
						  States Standard No. 30 sieve, 28 meshs per inch, 0.595 millimeter openings, and
						  live at least part of their life cycles within or upon available substrates in
						  a body of water or water transport system.
Permanent diversion
-A diversion which
						  is to remain after underground mining activities are completed and which has
						  been approved for retention by the Department.
Permit area
-The mine and areas where
						  underground mining activities occur.
Precipitation event
-A quantity of
						  water resulting from drizzle, rain, snow, sleet or hail in a limited period of
						  time. The term may be expressed in terms of recurrence interval. The term
						  includes that quantity of water emanating from snow cover as snow melt in a
						  limited period of time.
Prime farmland
-Those lands which are
						  defined by the Secretary of Agriculture in 7 CFR Part 657 (relating to prime
						  and unique farmlands) (
Federal Register
, Vol. 43, No. 21) and
						  which have historically been used for cropland as that phrase is defined in
						  this section.
Property to be mined
-The surface and
						  mineral estates on and underneath lands which are within the permit
						  area.
Reclamation
-Actions taken to restore
						  the area affected by underground mining activities as required by this
						  chapter.
Sedimentation pond
-A primary sediment
						  control structure designed, constructed and maintained in accordance with
						  Subchapter C (relating to anthracite bank removal and reclamation; minimum
						  environmental protection performance standards) and including, but not limited
						  to, a barrier, dam or excavated depression which detains water runoff to allow
						  sediment to settle out. The term does not include secondary sedimentation
						  control structures, such as straw dikes, riprap, check dams, mulches, dugouts
						  and other measures that reduce overland flow velocity, reduce runoff volume or
						  trap sediment, to the extent that the secondary sedimentation structures drain
						  to a sedimentation pond.
Soil survey
-A field classification and
						  laboratory analysis resulting in a map showing the geographic distribution of
						  different kinds of soils and an accompanying report that describes, classifies
						  and interprets the soils for use. Soil surveys shall meet the standards of the
						  National Cooperative Soil Survey.
Stratum (strata)
-A section of geologic
						  formation that consists throughout of approximately the same kind of rock
						  material. A stratum may consist of an indefinite number of beds.
Substrates
-Inorganic sediments which
						  are 0.05 millimeters in diameter or larger, and includes sands, granules,
						  pebbles, cobbles and boulders, based on Wentworth's Classification.
Temporary diversion
-A diversion of a
						  stream or overland flow which is used during surface coal mining activities and
						  not approved by the Department to remain after reclamation as part of the
						  approved postmining land use.
Toxic-forming materials
-Earth
						  materials or wastes which, if acted upon by air, water, weathering or
						  microbiological processes, are likely to produce chemical or physical
						  conditions in soils or water that are detrimental to biota or uses of
						  water.
Toxic mine drainage
-Water that is
						  discharged from active or abandoned mines or other areas affected by coal
						  exploration or underground mining activities, which contains a substance that
						  through chemical action or physical effects is likely to kill, injure or impair
						  biota commonly present in the area that might be exposed to it, or may be
						  harmful to the public health and welfare.
Underground development waste
-Waste
						  rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone or
						  related materials that are excavated, moved and disposed of as part of the
						  construction activities in preparing the mine for coal production.
Underground mining activities
-The term
						  includes the following:
(i) Surface
						operations incident to underground extraction of coal or in situ processing,
						such as construction, use, maintenance and reclamation of roads, aboveground
						repair areas, storage areas, processing areas, shipping areas, areas upon which
						are sited support facilities, including hoist and ventilating ducts, areas used
						for the disposal and storage of waste, and areas on which materials incident to
						underground mining operations are placed.
(ii) Underground operations, such as
						underground construction, operation and reclamation of shafts, adits,
						underground support facilities, in situ processing and underground mining,
						hauling, storage and blasting.
(iii) Operation of the mine, including
						preparatory work in connection with the opening or reopening of a mine,
						backfilling, sealing and other closing procedures, and any other work done on
						land or water in connection with the mine.
Water table
-A mine pool or the upper
						  surface of a zone of saturation, where the body of groundwater is not confined
						  by an overlying impermeable zone.
The provisions of this §
														88.482 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); and section 1920-A
							 of The Administrative Code of 1929 (71 P. S. §
															510-20).