§ 77.109. Noncoal exploration activities.

 (a)  A person who intends to conduct noncoal exploration outside an existing permit shall file with the Department a written notice of intention to explore for each exploration area at least 10 days prior to the start of exploration activities on forms provided by the Department.

 (b)  The notice shall include:

   (1)  The name, address and telephone number of the person seeking to explore.

   (2)  A map, at a scale of 1:24,000, of the exploration area showing the extent of the exploration area and approximate locations of drill holes, exploratory pits, trenches and excavations.

   (3)  A statement of the period of intended exploration.

   (4)  The method of exploration and types of equipment to be used.

   (5)  The purpose of testing.

   (6)  The amount of mineral needed for testing (if exploration is by test pit, trench or excavation).

 (c)  Exploration by drilling methods may proceed 10 days after the notice of intent to explore form is submitted to the Department unless notified otherwise by the Department to provide other information to assure compliance with the environmental acts (for example—the location of access roads) or if the area is located within the distance limitations of §  77.504 (relating to distance limitations and areas designated unsuitable for mining).

 (d)  The Department will, except as otherwise provided in §  77.124 (relating to public availability of information in permit applications), place the notices on public file and make them available for public inspection and copying during regular office hours at the established fee.

 (e)  A person who intends to conduct noncoal exploration operations in which noncoal minerals will be removed shall, prior to conducting the exploration, obtain a permit under this chapter. Prior to removal of minerals, the Department may waive the requirement for the permit to enable the testing and analysis of noncoal properties.

 (f)  A person who conducts noncoal exploration activities will observe the distance limitations under §  77.504 (relating to distance limitations and areas designated unsuitable for mining).

 (g)  Exploration activities shall be conducted to accomplish the following:

   (1)  To minimize environmental impacts on roadways and vegetation.

   (2)  To provide erosion controls for excavated areas, including access roads, in accordance with Chapter 102 (relating to erosion and sediment control).

   (3)  To avoid disturbance of wetland areas.

 (h)  The areas affected by the noncoal exploration shall be graded to approximate original contour when possible or restored to a slope not to exceed 35° unless approved by the Department under §  77.594(2)(v) (relating to final slopes) within 30 days after completion of exploration, and will contain no depressions which will impound water. Drill holes shall be sealed under §  77.503 (relating to casing and sealing of drilled holes). The affected areas shall be revegetated within the first planting season after completion of exploration.

 (i)  Noncoal exploration activities shall be subject to the applicable inspection and enforcement provisions of the Department, and Subchapters E and F (relating to civil penalties for noncoal mining activities; and enforcement and inspection).

 (j)  Information will be made available to the public as follows.

   (1)  Except as provided in paragraph (2), information submitted to the Department under this section will be made available for public inspection and copying at the appropriate district mining office.

   (2)  Information which pertains only to the analysis of the chemical and physical properties of the mineral (except information regarding the mineral or elemental content that is potentially toxic to the environment) will be kept confidential and will not be made a matter of public record.

   The provisions of this §  77.109 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619. Immediately preceding text appears at serial pages (198674) to (198677).