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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter C - RECLAMATION › INFORMATION REQUIREMENTS › Section 89.71 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  application shall contain a reclamation plan for lands which have been or will
						  be disturbed in support of the underground mining activities. The reclamation
						  plan shall include, at a minimum, the information required in this subchapter,
						  and shall be designed and implemented to achieve the performance standards in
						  this subchapter.
(b) The
						  reclamation plan shall contain the following information:
(1) A timetable for the completion of each
						  major step in the reclamation plan.
(2) An estimate of the cost of the
						  reclamation of the proposed operations required to be covered by a performance
						  bond under this title, with supporting calculations for the
						  estimates.
(3) A plan for mine
						  closure. The plan shall describe how mine closure shall achieve compliance with
						  the performance standards of this chapter and the requirements of the acts. The
						  description shall include a discussion of the hydrologic effects of closure
						  based on conditions at the time of closure. The plan shall also contain a
						  detailed description of each opening into the mine, including drifts, slopes,
						  shafts and boreholes. The description of each opening shall include:
(i) The location on a USGS topographic
						  map.
(ii) The elevation of the
						  opening at the surface and at the coal seam.
(iii) A drawing which shows the details of
						  the actual construction features.
(iv) Whether the opening is open, temporarily
						  closed or permanently sealed at the time of submittal of the reclamation
						  plan.
(v) A discussion and drawing
						  of the proposed or existing seals.
(vi) An engineering and hydrologic
						  justification for the proposed seal design.
(4) 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 disturbed area
						  in accordance with the performance standards of this chapter.
(5) A plan for redistribution of topsoil,
						  subsoil and other material to meet the performance standards of this
						  chapter.
(6) A plan for
						  revegetation as required in §
														89.86 (relating to
						  revegetation).
(7) A plan for
						  controlling erosion and sedimentation during reclamation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter C - RECLAMATION › INFORMATION REQUIREMENTS › Section 89.72 - Land use information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  reclamation plan shall contain a statement of the condition, capability and
						  productivity of lands greater than 5 acres which will be affected by surface
						  operations and facilities within the proposed permit area, including the
						  following:
(1) A map and supporting narrative
						  of the uses of the land existing at the time of the filing of the application.
						  If the premining use of the land was changed within 5 years before the
						  anticipated date of beginning the proposed operations, the historic use of the
						  land shall also be described.
(2) A
						  narrative of land capability and productivity, which analyzes the land use
						  description under this subsection in conjunction with other environmental
						  resources information required under this chapter. The narrative shall provide
						  analysis of the following:
(i) The capability
						  of the land before any mining to support a variety of uses, giving
						  consideration to soil and foundation characteristics, topography, vegetative
						  cover and the hydrology of the area proposed to be affected by surface
						  operations or facilities.
(ii) When
						  applicable, the productivity of the area proposed to be affected by surface
						  operations and facilities before mining, expressed as average yield of food,
						  fiber, forage or wood products from the lands obtained under high levels of
						  management. The productivity shall be determined by yield data, estimates for
						  similar sites or predictions based on current data from the United States
						  Department of Agriculture or the Pennsylvania Department of
						  Agriculture.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter C - RECLAMATION › INFORMATION REQUIREMENTS › Section 89.73 - Vegetation information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  reclamation plan shall, if required by the Department, contain a map that
						  delineates existing vegetative types and a description of the plant communities
						  within the area affected by surface operations and facilities and within any
						  proposed reference area. This description shall include information adequate to
						  predict the potential for reestablishing vegetation.
(b) When a map or aerial photograph is
						  required, sufficient adjacent areas shall be included to allow evaluation of
						  vegetation as important habitat for fish and wildlife.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter C - RECLAMATION › INFORMATION REQUIREMENTS › Section 89.74 - Fish and wildlife resource information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application shall include fish and
						  wildlife resource information for the proposed permit area and adjacent area.
(1) The scope and level of detail for the
						  information shall be determined by the Department in consultation with State
						  and Federal agencies with responsibilities for fish and wildlife and shall be
						  sufficient to design the protection and enhancement plan required under
						  subsection (b).
(2) Site-specific
						  resource information necessary to address the respective species or habitats
						  shall be required when the proposed permit area or adjacent area is likely to
						  include one or more of the following:
(i)
						  Listed or proposed endangered or threatened species of plants or animals or
						  their critical habitats listed by the United States Secretary of the Interior
						  under the Endangered Species Act of 1973 (16 U.S.C.A. §§
																1531-1544), or those species or
						  habitats protected by State law or regulations, including species listed as
						  threatened or endangered by the Game Commission and the Fish
						  Commission.
(ii) Habitats of
						  unusually high value for fish and wildlife such as important streams, wetlands,
						  riparian areas, cliffs supporting raptors, areas offering special shelter or
						  protection, migration routes, or reproduction and wintering areas.
(iii) Other species or habitats identified
						  through agency consultation as requiring special protection under 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter C - RECLAMATION › INFORMATION REQUIREMENTS › Section 89.75 - 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter C - RECLAMATION › PERFORMANCE STANDARDS › Section 89.81 - Cessation of operations: permanent

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operator shall close or backfill or
						  otherwise permanently reclaim all affected areas, in accordance with this
						  chapter and according to the permit approved by the Department.
(b) All surface equipment, structures or
						  other facilities not required for monitoring shall be removed and the affected
						  lands reclaimed unless an alternative postmining land use has been approved by
						  the Department.
(c) Changes in the
						  water quality and quantity, depth to groundwater and location of surface water
						  drainage channels shall be minimized so that the approved postmining land use
						  is not adversely affected.
This section cited in 25 Pa. Code §
															88.493 (relating to minimum
								environmental protection performance standards); and 25 Pa. Code §
															89.173 (relating to performance
								standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter C - RECLAMATION › PERFORMANCE STANDARDS › Section 89.82 - Protection of fish, wildlife and related environmental values

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operator
						  shall, to the extent possible using the best technology currently available,
						  minimize disturbances and adverse impacts on fish, wildlife and related
						  environmental values, and achieve enhancement of the resources where
						  practicable.
(b) The operator shall
						  promptly report to the Department the presence in the permit area of threatened
						  or endangered species under State or Federal laws of which that person becomes
						  aware and which was not previously reported to the Department by that person.
						  Upon notification, the Department will consult with the Game Commission or the
						  Fish and Boat Commission and appropriate Federal fish and wildlife agencies
						  and, after consultation, identify whether, and under what conditions, the
						  operator may proceed.
(c) The
						  operator shall, to the extent possible using the best technology currently
						  available:
(1) Restore, and enhance when
						  practicable, natural riparian vegetation on the banks of streams, lakes and
						  other wetland areas.
(2) Select
						  plant species for their proven nutritional value and their ability to support
						  and enhance fish and wildlife habitat, when the postmining land use is to be
						  fish and wildlife habitat. Plants should be grouped and distributed in a manner
						  which optimizes edge effect, cover and other benefits for fish and
						  wildlife.
(3) Intersperse reclaimed
						  lands with green belts, utilizing species of grass, shrubs and trees useful as
						  food and cover for birds and small animals, when the postmining land use is to
						  be residential, public service or industrial land use.
(4) Design fences, overland conveyors and
						  other potential barriers to permit passage for large mammals, except where the
						  Department determines that these requirements are unnecessary.
(5) Fence, cover or use other appropriate
						  methods to exclude wildlife from ponds which contain hazardous concentrations
						  of toxic-forming materials.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter C - RECLAMATION › PERFORMANCE STANDARDS › Section 89.83 - Closing of underground mine openings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon completion of mining, openings,
						  except those approved for water monitoring or otherwise managed in a manner
						  approved by the Department, shall be closed to prevent degradation of surface
						  and groundwaters; to assist in returning the groundwater as near to its
						  premining level as possible; to assist in returning the hydrologic balance as
						  near to its premining condition as possible; to prevent underground mine fires;
						  to prevent access to underground workings; and to ensure the safety of people,
						  livestock, fish and wildlife. Prior to closing an opening, the plan for the
						  closing shall be approved by the Department.
(b) During operation of a mine, openings that
						  become inactive and have no further use shall be immediately closed in
						  accordance with subsection (a).
(c)
						  Temporarily inactive openings shall be closed to ensure the safety of people,
						  livestock, fish and wildlife in accordance with §
													89.68 (relating to cessation of
						  operations: temporary).
(d) If
						  water from a coal mining activity is discharged into an underground mine for
						  treatment with the drainage from the mine, that underground mine may not be
						  closed or sealed until the permittee of the coal mining activity applies for
						  and receives approval from the Department for an alternate water handling
						  procedure.
This section cited in 25 Pa. Code §
															86.133 (relating to general
								requirements); 25 Pa. Code §
															86.134 (relating to coal
								exploration performance and design standards); 25 Pa. Code §
															88.493 (relating to minimum
								environmental protection performance standards); 25 Pa. Code §
															89.68 (relating to cessation of
								operations: temporary); and 25 Pa. Code §
															89.173 (relating to performance
								standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter C - RECLAMATION › PERFORMANCE STANDARDS › Section 89.84 - Backfilling and grading

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A surface
						  area disturbed incidental to underground mining activities shall be backfilled
						  and graded in accordance with the time schedule in the reclamation plan and
						  §§ 87.141, 87.142, 87.144 and 87.145.
(b) Backfilled material shall be placed to
						  prevent adverse effects on groundwater, prevent offsite effects and support the
						  approved postmining land use.
This section cited in 25 Pa. Code §
															89.23 (relating to diversion and
								conveyance of overland flow); 25 Pa. Code §
															89.56 (relating to stream channel
								diversions); and 25 Pa. Code §
															89.173 (relating to performance
								standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter C - RECLAMATION › PERFORMANCE STANDARDS › Section 89.85 - Topsoil use

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After final
						  grading, and prior to placing of topsoil or other material, regraded land shall
						  be scarified or otherwise treated as required to eliminate slippage-surfaces
						  and to promote root penetration. If no harm will be caused to the topsoil and
						  vegetation, scarification may be conducted after topsoil is applied.
(b) Topsoil and other materials shall be
						  placed in a manner that:
(1) Achieves an
						  approximate uniform, stable thickness consistent with the postmining land uses,
						  slopes and surface 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter C - RECLAMATION › PERFORMANCE STANDARDS › Section 89.86 - Revegetation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) General
						  requirements for revegetation are as follows:
(1) The operator shall establish, on areas
						  disturbed by surface operations and facilities, effective, diverse and
						  permanent vegetative cover. For areas designated as prime farmland, the
						  requirements of Subchapter E (relating to prime farmlands) apply.
(2) Revegetation shall comply with the
						  reclamation plan submitted under this subchapter and approved by the Department
						  in the permit, and shall be carried out in a manner that encourages a prompt
						  vegetative cover and recovery of productivity levels compatible with the
						  approved postmining land use.
(i) Disturbed
						  lands, except water areas and surface areas of roads that are approved as part
						  of the postmining land use, shall be seeded or planted to achieve a permanent
						  vegetative cover.
(ii) The
						  vegetative cover shall be of the same seasonal characteristics of growth as the
						  original vegetation and be capable of self-regeneration and plant
						  succession.
(iii) Vegetative cover
						  shall be at least equal in extent of cover to the natural vegetation of the
						  area.
(iv) If the postmining land
						  use is cropland, planting of the crops normally grown shall meet the
						  requirements of subparagraph (i).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter C - RECLAMATION › PERFORMANCE STANDARDS › Section 89.87 - Regrading or stabilizing rills and gullies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Exposed surface areas shall be protected
						  and stabilized to effectively control erosion and air pollution attendant to
						  erosion.
(b) Rills and gullies,
						  which form in areas that have been regraded and topsoiled and which do one of
						  the following shall be filled, regraded or otherwise stabilized:
(1) Disrupt the approved postmining land use
						  or the reestablishment of the vegetative cover.
(2) Cause or contribute to a violation of
						  water quality standards for receiving streams.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter C - RECLAMATION › PERFORMANCE STANDARDS › Section 89.89 - Permanent impoundments

Current through Register Vol. 54, No. 28, July 13, 2024
Permanent impoundments are prohibited unless
							 authorized by the Department, upon the basis of the following demonstration:
(1) The quality of the impounded
						  water shall be suitable, on a permanent basis, for its intended use, and
						  discharge or water from the impoundment shall not degrade the quality of
						  receiving waters of the Commonwealth to less than the water quality standards
						  established under applicable State and Federal laws.
(2) The level of water shall be sufficiently
						  stable to support the intended use.
(3) Adequate safety and access to the
						  impounded water shall be provided for proposed water users.
(4) Water impoundments will not result in the
						  diminution of the quality or quantity of water used by adjacent or surrounding
						  landowners for agricultural, industrial, recreational or domestic
						  uses.
(5) The design, construction
						  and maintenance of structures shall achieve the minimum design requirements of
						  §
													89.111 or §
													89.112 (relating to performance
						  standards) as appropriate.
(6) The
						  size of the impoundment is adequate for its intended purposes.
(7) The impoundment will be suitable for the
						  approved postmining land use.
This section cited in 25 Pa. Code §
															89.173 (relating to performance
								standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter C - RECLAMATION › PERFORMANCE STANDARDS › Section 89.90 - Restoration of roads

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless the
						  Department approves retention of a road as suitable for the approved postmining
						  land use, as soon as practicable after the road is no longer needed for
						  operations, reclamation or monitoring:
(1)
						  The road shall be closed to vehicular traffic.
(2) The natural drainage patterns shall be
						  restored.
(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 surfaces shall be covered with
						  topsoil in accordance with §
														89.85(b)
						  (relating to topsoil use) and revegetated in accordance with §
														89.86 (relating to
						  revegetation).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter C - RECLAMATION › PERFORMANCE STANDARDS › Section 89.91 - 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter C - RECLAMATION › PERFORMANCE STANDARDS › Section 89.92 - 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter C - RECLAMATION › PERFORMANCE STANDARDS › Section 89.94 - 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter D - STRUCTURAL REQUIREMENTS FOR IMPOUNDMENTS › GENERAL › Section 89.102 - Information requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Each application shall include a plan for each
							 proposed impoundment within the permit area. Each plan shall:
(1) Contain a description, map and cross
						  section of the structure and its location.
(2) Contain preliminary hydrologic and
						  geologic information required to assess the hydrologic impact of the
						  structure.
(3) Contain a survey
						  describing the potential effect on the structure from subsidence of the
						  subsurface strata resulting from past underground mining operations.
(4) Include a geotechnical investigation,
						  design and construction requirements for the structure, including a stability
						  analysis if the structure is more than 20-feet high or impounds more than 20
						  acre-feet.
(5) Describe the
						  operation and maintenance requirements for each structure.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter D - STRUCTURAL REQUIREMENTS FOR IMPOUNDMENTS › GENERAL › Section 89.103 - 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter D - STRUCTURAL REQUIREMENTS FOR IMPOUNDMENTS › GENERAL › Section 89.104 - 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter D - STRUCTURAL REQUIREMENTS FOR IMPOUNDMENTS › GENERAL › Section 89.105 - 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter D - STRUCTURAL REQUIREMENTS FOR IMPOUNDMENTS › GENERAL › Section 89.106 - 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter D - STRUCTURAL REQUIREMENTS FOR IMPOUNDMENTS › GENERAL › Section 89.107 - 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter D - STRUCTURAL REQUIREMENTS FOR IMPOUNDMENTS › GENERAL › Section 89.109 - 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter D - STRUCTURAL REQUIREMENTS FOR IMPOUNDMENTS › GENERAL › Section 89.110 - 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter D - STRUCTURAL REQUIREMENTS FOR IMPOUNDMENTS › PERFORMANCE STANDARDS › Section 89.111 - Large impoundments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Large
						  impoundments are those where:
(1) The
						  structures are located on a water course, and one of the following applies:
(i) The contributory drainage area exceeds
						  100 acres.
(ii) The greatest depth
						  of water at maximum storage elevation exceeds 15 feet.
(iii) The impounding capacity at maximum
						  storage elevation exceeds 50 acre-feet.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter D - STRUCTURAL REQUIREMENTS FOR IMPOUNDMENTS › PERFORMANCE STANDARDS › Section 89.112 - Impoundments

Current through Register Vol. 54, No. 28, July 13, 2024
An impoundment shall be designed in accordance with
							 the United States Natural Resources Conservation Service's Pennsylvania Field
							 Office Technical Guide, Section IV, Standards 350, "Sediment Basin," and 378,
							 "Pond," or United States Natural Resources Conservation Service Technical
							 Release No. 60, "Earth Dams and Reservoirs," whichever is applicable. The
							 standards are incorporated by reference. In addition to the requirements in
							 "Sediment Basin," a minimum static safety factor of 1.3 is required. Each
							 impoundment shall be certified that it has been constructed and is being
							 maintained as designed and in accordance with the approved plan and all
							 applicable performance standards. These structures shall also meet the
							 following requirements:
(1) The entire
						  embankment, including the surrounding areas disturbed by construction, shall be
						  stabilized with respect to erosion by a vegetative cover or other means
						  immediately after the embankment is completed. The active upstream face of the
						  embankment where water is being impounded may be riprapped or otherwise
						  stabilized. Areas in which the vegetation is not successful or where rills and
						  gullies develop shall be repaired and revegetated in accordance with §
						  89.86 (relating to revegetation).
(2) Ponds shall be examined annually by the
						  operator for structural weakness, erosion and other hazardous conditions. If
						  structural weakness, erosion or other hazardous conditions exist, the operator
						  shall immediately notify the Department.
(3) Plans for enlargement, reduction in size,
						  reconstruction or other modification of dams or impoundments shall be submitted
						  to the Department and shall comply with the requirements of §
													86.52 (relating to permit
						  revisions). Except when a modification is required to eliminate an emergency
						  condition constituting a hazard to public health, safety or the environment,
						  the plans shall be approved by the Department before modification
						  begins.
(4) Emergency spillways may
						  not discharge unless precipitation exceeds a 10-year, 24-hour rainfall event.
						  Precipitation includes:
(i) Snow melt, or a
						  combination snow melt and rainfall event.
(ii) Multiple rainfall events occurring
						  within the design drawdown period of the pond.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter E - PRIME FARMLANDS › INFORMATION REQUIREMENTS › Section 89.121 - Prime farmland investigation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The applicant shall contact the county office of the Natural Resources
						  Conservation Service to determine whether lands within the area may be prime
						  farmland.
(b) Land shall not be
						  considered prime farmland when the applicant can demonstrate one or more of the
						  following:
(1) The land has not been
						  historically used as cropland;
(2)
						  The slope of the land is 10% or greater;
(3) The land is not irrigated or naturally
						  subirrigated;
(4) Other factors
						  exist, such as a very rocky surface, or the land is flooded during the growing
						  season more than once in 2 years and the flooding has reduced the crop
						  yields;
(5) On the basis of a soil
						  survey of the lands proposed to be affected by surface operations or
						  facilities, there are no soil map units that have been designated prime
						  farmland by the United States Natural Resources Conservation Service;
						  or
(6) The area disturbed is
						  minimal in size (less than 5 acres) and has been or will be in use for an
						  extended period of time (more than 10 years).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter E - PRIME FARMLANDS › INFORMATION REQUIREMENTS › Section 89.122 - Prime farmlands

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						  section applies to a person who conducts or intends to conduct underground
						  mining activities on prime farmlands historically used for cropland except for
						  the following:
(1) A permit issued prior to
						  August 3, 1977.
(2) A renewal or
						  revision of a permit issued prior to August 3, 1977. For the purposes of this
						  paragraph, "renewal" of a permit means a decision by the Department to extend
						  the time by which the permittee may complete mining within the boundaries of
						  the original permit, and "revision" of the permit means a decision by the
						  Department to allow changes in the method of mining operations within the
						  original permit area, or a decision of the Department to allow incidental
						  boundary changes to the original permit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter E - PRIME FARMLANDS › INFORMATION REQUIREMENTS › Section 89.123 - 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter E - PRIME FARMLANDS › INFORMATION REQUIREMENTS › Section 89.124 - 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter E - PRIME FARMLANDS › INFORMATION REQUIREMENTS › Section 89.125 - 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter E - PRIME FARMLANDS › INFORMATION REQUIREMENTS › Section 89.126 - 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter E - PRIME FARMLANDS › PERFORMANCE STANDARDS › Section 89.131 - 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 erosion
						  is controlled 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 the underlying C horizon, or other suitable soil material that 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 §
													89.133(a) 
						  (relating to soil replacement).
This section cited in 25 Pa. Code §
															89.122 (relating to prime
								farmlands); 25 Pa. Code §
															89.132 (relating to soil
								stockpiling); and 25 Pa. Code §
															89.133 (relating to 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter E - PRIME FARMLANDS › PERFORMANCE STANDARDS › Section 89.132 - Soil stockpiling

Current through Register Vol. 54, No. 28, July 13, 2024
If not utilized immediately, the A horizon specified
							 in §
													89.131(b)
							 (relating to soil removal) and the B horizon or other suitable soil materials
							 specified in §
													89.131(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 stockpiled horizons can be
							 redistributed. Stockpiles in place for more than 30 days shall meet the
							 requirements of §
													89.22(e)
							 (relating to topsoil removal and storage).
This section cited in 25 Pa. Code §
															89.122 (relating to prime
								farmlands).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter E - PRIME FARMLANDS › PERFORMANCE STANDARDS › Section 89.133 - 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 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 §
													89.131(c) and (d)
						   (relating to soil removal) shall be replaced
						  to the thickness needed to meet the requirements of subsection (a).
(e) The A horizon specified in §
													89.131(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 by §
													89.122(b)
						  (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 §
															89.122 (relating to prime
								farmlands); and 25 Pa. Code §
															89.131 (relating to 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.141 - Subsidence control: application requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Geology.
The application
						shall include a description of the geology overlying the proposed permit area,
						from the surface down to the first stratum below the coal seam to be mined. The
						description shall include geologic conditions which are relevant to the
						likelihood or extent of subsidence or subsidence related damage. For the same
						strata, a detailed description and cross-section shall be provided from
						available test borings and core samples. A copy of the information developed
						for §
												89.33 (relating to geology) may be
						used as appropriate to meet the requirements of this section.
(b)
Surface water.
The
						application shall include a description of the surface waters overlying the
						permit area and adjacent area, including:
(1)
						The size and depth of lakes, ponds and impoundments.
(2) The average annual flow of perennial
						streams. For the purposes of this subchapter, perennial stream is a stream or
						part of a stream that flows continuously throughout the calendar year as a
						result of groundwater discharge or surface runoff. The term does not include
						intermittent or ephemeral streams.
(3) The height, width and composition of
						embankments.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.142 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 25 Pa. Code §
														89.144a (relating to subsidence
							 control: relief from
							 responsibility).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.142a - Subsidence control: performance standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General requirements.
Underground mining operations shall be planned and conducted in accordance with
						the following:
(1) The subsidence control
						plan required by §
													89.141(d)
						(relating to subsidence control: application requirements) and the postmining
						land use requirements in §
													89.88 (relating to postmining land
						use).
(2) The performance standards
						in subsections (b)-(j).
(3)
						Underground mining will not be authorized beneath structures where the depth of
						overburden is less than 100 feet (30.48 meters), unless the subsidence control
						plan demonstrates to the Department's satisfaction that the mine workings will
						be stable and that overlying structures will not suffer irreparable
						damage.
(4) The mine operator shall
						adopt measures to maximize mine stability. This subsection does not prohibit
						planned subsidence in a predictable and controlled manner or the standard
						method of room and pillar mining.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.143 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024