§ 86.129. Coal exploration on areas designated as unsuitable for surface mining operations.

 (a)  Designation of an area as unsuitable for all or certain types of surface mining operations under this chapter does not prohibit coal exploration operations in the area.

 (b)  Coal exploration may be conducted on an area designated as unsuitable for surface mining operations in accordance with this chapter if the following apply:

   (1)  The exploration is consistent with the designation.

   (2)  The exploration will be conducted to preserve and protect the applicable values and uses of the area under Subchapter E (relating to coal exploration) and the Department has issued written approval for the exploration.

   The provisions of this §  86.129 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); the Coal Refuse Disposal Control Act (52 P. S. § §  30.51—30.66); The Clean Streams Law (35 P. S. § §  691.1—691.1001); sections 1920-A of The Administrative Code of 1929 (71 P. S. § §  510-20 and 510-30).

   The provisions of this §  86.129 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended December 13, 1996, effective December 14, 1996, 26 Pa.B. 5962; amended October 8, 1999, effective October 9, 1999, 29 Pa.B. 5289. Immediately preceding text appears at serial pages (223543) to (223544).

   This section cited in 25 Pa. Code §  86.103 (relating to procedures); 25 Pa. Code §  86.121 (relating to areas designated unsuitable for mining); 25 Pa. Code §  86.130 (relating to areas designated as unsuitable for mining); and 25 Pa. Code §  86.133 (relating to general requirements).