§ 77.108. Permit for small noncoal operations.
(a) A person who intends to conduct noncoal surface mining activities from which the total weight of mineral mined per year is less than 10,000 tons (9,070 metric tons), prior to conducting the activities, shall apply in writing for a small noncoal permit on forms furnished by the Department.
(b) In lieu of the application requirements of this subchapter and Subchapters G and H (relating to information on environmental resources; and requirements for operation and reclamation plan), an application for a small noncoal permit shall include the following:
(1) The name and business address of the applicant.
(2) An identification of ownership interests.
(3) Information and documents required by § 77.163 (relating to right of entry).
(4) The type of surface mine and the type of mineral.
(5) An explanation on how fugitive dust will be controlled.
(6) The type of reclamation and revegetation.
(7) The type of erosion and sediment controls.
(8) The depth to groundwater, if available.
(9) A United States Geological Survey topographical map or aerial photograph approved by the Department with the proposed permit area outlined.
(10) The estimated production for the year.
(11) A notarized statement signed by the applicant stating that the yearly production from the proposed mining activity will not exceed 10,000 tons (9,070 metric tons).
(12) Other information the Department deems relevant.
(c) The areas affected by the extraction of noncoal minerals shall be graded and restored to a slope not to exceed 35° unless approved by the Department under § 77.594(2)(v) (relating to final slopes), and will contain no depressions which will impound water. The affected areas will be revegetated to provide a quick germinating, fast-growing, effective and permanent vegetative cover of the same seasonal variety native to the 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. Introduced species may be used in the revegetation process where desirable and necessary to achieve the approved postmining land use plan. Vegetative cover is considered of the same seasonal variety when it consists of a mixture of species of equal or superior utility for the land use, when compared with the utility of naturally-occurring vegetation during each season of the year.
(d) A person operating under this section shall comply with Subchapter B (relating to surface mining operator’s license).
(e) In lieu of the requirements of Subchapter I (relating to environmental protection performance standards), this permit has the following conditions:
(1) Erosion and sedimentation control facilities shall be constructed and maintained as necessary to insure compliance with Chapter 102 (relating to erosion and sediment control).
(2) The active mining area may not exceed that necessary to meet the stated production as determined by geologic conditions at the site and the nature of the material mined.
(3) The operating face of a bench may not exceed a height of 25 feet (7.62 meters). Multiple benching shall be developed as necessary.
(4) Reclamation shall be conducted concurrently with mining operations on a one for one basis—1 acre (0.41 hectare) reclaimed for each 1 acre (0.41 hectare) of area affected, with no more than 1 acre (0.41 hectare) of mineral extraction area unreclaimed at any time, unless the operator demonstrates, to the Department’s satisfaction, acceptable alternate concurrent reclamation.
(5) The outer limits of the area approved by this permit are to be field marked for the duration of the mining activity.
(6) The permittee shall comply with the Air Pollution Control Act (35 P.S. § § 4001—4015) and regulations of the Department related to air resources, including, but not limited to, § § 123.1 and 123.2 (relating to prohibition of certain fugitive emissions; and fugitive particulate matter) which prohibit the emission of fugitive particulate matter. These prohibitions apply to all aspects of the mining operations including, but not limited to, use of roadways and operation of trucks.
(7) The permittee shall identify this operation during its lifetime by constructing and maintaining a weather resistant sign with a minimum size of 2 feet by 3 feet (60.96 centimeters by 91.44 centimeters) to be located immediately adjacent to the closest public highway, from which it shall be clearly visible, at the junction of that public highway with the access road to the operation. The sign shall be painted with a light background and show, in a contrasting color, the name of the permittee and the permit number under which the operation is being conducted. The letters and numbers shall be a minimum height of 1 1/2 inches (3.81 centimeters).
(8) Topsoil, as needed for reclamation, shall be conserved onsite for replacement on affected areas upon completion of mining and prior to revegetation. Topsoil in excess of that needed for reclamation, as demonstrated by the applicant, may be removed from the site.
(9) The permittee shall comply with the distance requirements of § 77.504 (relating to distance limitations and areas designated as unsuitable for mining).
(10) The permittee shall comply with other conditions the Department may require to assure compliance with the act and this title.
(11) Blasting shall conform to the requirements of § § 77.561—77.565 (relating to use of explosives). If the blasting is conducted at a scale distance of 70 or greater, the blasting does not have to be seismographed and the permittee does not have to comply with § 77.562 and (relating to preblasting surveys and public notice of blasting schedule). Scale distance (Ds) shall be determined by the formula W = (D/Ds)2 where W equals the maximum weight of explosives, in pounds, to be detonated in any 8 millisecond period or greater and D equals the distance, in feet, from the blast to the nearest dwelling, school, church, commercial or institutional building.
(f) The Department will publish its decision on a small noncoal permit application and a final bond release in the Pennsylvania Bulletin. Permit applications, transfers and bond releases under this section are exempt from the newspaper public notice requirements of section 10(a) of the act (52 P.S. § 3310(a)).
(g) It is unlawful for a person who has obtained a small noncoal surface mining permit to mine more than 10,000 tons (9,070 metric tons) in a 1-year period from a permit issued under this section.
(h) A person operating under a small noncoal permit shall submit a bond in accordance with the bond rates established by the Department. The minimum bond for a small noncoal permit is $1,000.
(i) Bond release shall be based on the reclamation requirements under this section in lieu of § § 77.241—77.243 (relating to release of bonds).
(j) The maximum permit area is 5 acres (2.02 hectares) for areas authorized for mining under this section.
(k) Small noncoal mining permits or general permit authorizations issued prior to January 31, 1998, remain valid if all mining activities remain within the area covered by the permit as of January 31, 1998, and if the total weight of mineral mined per year does not exceed 2,000 tons (1,814 metric tons).
(l) The Department may by agreement delegate to a conservation district one or more of its regulatory functions under the act for surface mining operators licensed to mine less than 2,000 tons (1,814 metric tons) of marketable minerals per year. A conservation district acting under a delegation agreement has the same powers and duties otherwise vested in the Department to implement the act to the extent delegated by agreement.
(m) An application for a small noncoal permit shall be reviewed, approved or denied in accordance with § 77.126(a)(1)—(8), (10) and (11) (relating to criteria for permit approval or denial).
Source The provisions of this § 77.108 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619; amended August 18, 2023, effective August 19, 2023, 53 Pa.B. 5159. Immediately preceding text appears at serial pages (398542) and (266189) to (266191).
Cross References This section cited in 25 Pa. Code § 77.144 (relating to transfer of permit).
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