The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise:

   Abandoned—Any operation where no coal has been produced or overburden removed for a period of 6 months, verified by monthly reports submitted to the Department by the operator and by inspections made by the Department, unless an operator within 30 days after receipt of notification by the Secretary terming an operation abandoned submits sufficient evidence to the Secretary that the operation is in fact not abandoned and submits a timetable satisfactory to the Secretary regarding plans for the reactivation of the operation.

   Access roads—Roads located and constructed, reconstructed, improved or maintained for minimal and infrequent use to transport equipment and personnel to current and future activity sites. The term includes the entire area within the right-of-way, including the roadbed, shoulders, parking and side areas, approaches, structures and ditches.

   Acid drainage—Water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned surface coal mine and reclamation operation or from an area affected by surface mining activities.

   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 affected by surface mining activities.

   Affected area—Land or water upon or in which surface mining activities are conducted or located. The term includes land in which the natural land surface has been disturbed as a result of or incidental to the surface activities of the operator, including, but not limited to, private ways and roads appurtenant to the area, land excavations, workings, refuse banks, spoil banks, culm banks, tailings, repair areas, storage areas, processing areas, shipping areas and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from or are used in, surface mining operations are situated. The term includes the land affected by the construction of new roads or the improvement or substantial use of an existing road to gain access to the site or for hauling from the site.

   Aquifer—A zone, stratum or group of strata that can store and transmit water in sufficient quantities for a specific use.

   Auger mining—A method of mining coal at a cliff or highwall by drilling holes into an exposed coal seam from the highwall and transporting the coal along an auger bit to the surface.

   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, wildlife and related environmental values, and achieve enhancement of those resources when 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 processing waste—Earth materials which are separated and wasted from the product coal during cleaning, concentrating or other processing or preparation of coal.

   Coal refuse—Any waste coal, rock, shale, slurry, culm, gob, boney, slate, clay and related materials, associated with or near a coal seam, which are either brought aboveground or otherwise removed from a coal mine in the process of mining coal or which are separated from coal during the cleaning or preparation operations. Coal refuse shall include underground development wastes, and coal processing wastes, excess spoil, but does not mean overburden from surface mining.

   Combustible material—aterial that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise.

   Compaction—Increasing the density of a material by reducing the voids between the particles and is generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track or roller loads from heavy equipment.

   Contouring—Reclamation of the land affected to approximate original contour so that it closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain with no highwall, spoil piles or depressions to accumulate water and with adequate provision for drainage.

   Cropland—Land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops and other similar agronomic and horticultural crops.

   Degree—The inclination from the horizontal.

   De minimis cost increase—For purposes of §  87.119 (relating to hydrologic balance: water rights and replacement), a cost increase which meets one of the following criteria:

     (i)   Is less than 15% of the annual operating and maintenance costs of the previous water supply that is restored or replaced.

     (ii)   Is less than $60 per year.

   Disturbed area—An area where vegetation, topsoil or overburden is removed or upon which topsoil, spoil, coal processing waste or noncoal waste is placed by surface coal mining activities. Those areas are classified as disturbed until reclamation is complete and the performance bond or other assurance of performance required by Chapter 86 Subchapter F (relating to bonding and insurance requirements) is released.

   Diversion—A channel, embankment or other manmade structure constructed at a controlled slope to divert water from one area to another.

   Downslope—The land surface between the projected outcrop of the lowest coalbed being mined along each highwall and a valley floor.

   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.

   Fugitive dust—That particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or surface coal mining activities, or both. During surface coal mining activities, it may include emissions from haul roads; wind erosion of exposed surfaces; storage piles and spoil piles; reclamation operations; and other activities in which material is either removed, stored, transported or redistributed.

   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.

   Haul road—Includes the following:

     (i)   Roads that are planned, designed, located, constructed, reconstructed or improved, utilized and maintained for the transportation of equipment, fuel, personnel, coal, spoil and other operating resources from a public road to points within the surface mine or between principal operations on the mine site or both, but not including roads within the pit or on unreclaimed spoil areas.

     (ii)   Roads (including public roads) which are constructed, reconstructed, improved, maintained or substantially used as an integral part of the coal mining activities.

     (iii)   The entire area within the right-of-way, including the roadbed, shoulders, parking and side areas, approaches, structures and ditches.

   Highwall—The face of exposed overburden and coal in an open cut of a surface mining activity or for entry to underground mining activities.

   Historically used for cropland—

     (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 the 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. It encompasses the dynamic relationships among precipitation, runoff, evaporation and changes in groundwater and surface water storage.

   Hydrologic regime—The entire state of water movement in a given area. It is a function of the climate and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form, falls as precipitation, moves along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation and transpiration.

   Impoundment—A closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water, sediment or waste.

   Include—Including but not limited to.

   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.

   Land use—Specific uses or management-related activities, rather than the vegetation or cover of the land. Land uses may be identified in combination when joint or seasonal uses occur. Changes of land use from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the Department. Land use may be defined as:

     (i)   Cropland. Includes land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops and other similar agronomic and horticultural crops. Land used for facilities in support of cropland farming operations which is adjacent to or an integral part of these operations is also included for purposes of these land use categories.

     (ii)   Pastureland or land occasionally cut for hay. Land used primarily for the long-term production of adapted, domesticated forage plants to be granted by livestock or occasionally cut and cured for livestock feed. Land used for facilities in support of partureland or land occasionally cut for hay which is adjacent to or an integral part of these operations is also included.

     (iii)   Forestland. Land used for the long-term production of wood, wood fiber or wood-derived products; watershed protection; site stabilization and for the production, protection and management of species of fish and wildlife. Land used for facilities in support of forestry and watershed management operations which is adjacent to or an integral part of these operations is also included.

     (iv)   Commercial forestland. Land used and managed primarily for the long-term production of wood, wood fiber or wood-derived products. Land used for facilities in support of forest harvest and management operations which is adjacent to or an integral part of these operations is also included.

     (v)   Residential. Includes single and multiple family housing, mobile home parks and other residential lodgings. Land used for facilities in support of residential operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, vehicle parking and open space that directly relate to the residential use.

     (vi)   Industrial/commercial. Land used for one or more of the following:

       (A)   Extraction or transformation of materials for fabrication of products, wholesaling of products or for long-term storage of products. This includes heavy and light manufacturing facilities such as lumber and wood processing, chemical manufacturing, petroleum refining and fabricated metal products manufacture. Land used for facilities in support of these operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, rail, road and other transportation facilities.

       (B)   Retail or trade of goods or services, including hotels, motels, stores, restaurants and other commercial establishments. Land used for facilities in support of commercial operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, parking, storage or shipping facilities.

     (vii)   Recreation. Land used for developed recreation facilities such as parks, camps and other developed recreational uses.

     (viii)   Fish and wildlife habitat. Land and water used wholly or partially for the production, protection or management of species of fish or wildlife.

     (ix)   Developed water resources. Includes land used for storing water for beneficial uses such as stockponds, irrigation, fire protection, flood control and water supply.

     (x)   Unmanaged natural habitat. Idle land which does not require a specific management plan after the reclamation and revegetation have been accomplished.

   Moist bulk density—The weight of soil (oven dry) per unit volume. Volume is measured when the soil is at field moisture capacity—1/3 bar moisture tension. Weight shall be determined after drying the soil at 105° C.

   Mulch—Vegetation residue or other suitable materials that are placed on the soil surface to aid in soil stabilization and soil moisture conservation, thus providing microclimatic conditions suitable for seed germination and plant growth.

   Noxious plants—Species that have been included on official State lists of noxious plants.

   Outslope—The face of the soil or embankment sloping downward from the highest elevation to the toe.

   Overburden—The strata or material overlying a coal deposit or between coal deposits in its natural state and shall mean 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 seive (28 meshs per inch, 0.595 mm 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 surface coal mining activities are completed which has been approved for retention by the Department.

   Permit area—The land and water within the boundaries of the permit which are designated on the permit application maps, as approved by the Department. This area includes all areas which are or will be affected by the surface coal mining activities during the term of the permit.

   Precipitation event—A quantity of water resulting from drizzle, rain, snow, sleet or hail in a limited period of time. It may be expressed in terms of recurrence interval. As used in this chapter, ‘‘precipitation event’’ also 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 the Department of Agriculture in 7 CFR 657 (relating to prime and unique farmlands) and which have been historically used for cropland as that phrase is defined in this section.

   Recharge capacity—The ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.

   Reclamation—Those actions taken to restore the area affected by surface mining activities as required by this chapter.

   Recurrence interval—The interval of time in which a precipitation event is expected to occur once, on the average. For example, the 10-year, 24-hour precipitation event expected to occur on the average once in 10 years.

   SMCRA—The Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.25).

   Safety factor—The ratio of the available shear strength to the developed shear stress, or the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices.

   Sedimentation pond—A primary sediment control structure designed, constructed and maintained in accordance with Subchapter E (relating to surface coal mines: 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. A sedimentation pond shall 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.

   Slope—Average inclination of a surface, measured from the horizontal, generally expressed as the ratio of a unit of vertical distance to a given number of units of horizontal distance (for example, 1v:5h). It may also be expressed as a percent or in degrees.

   Soil horizons—Contrasting layers of soil parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The three major soil horizons are as follows:

     (i)   A horizon. The uppermost mineral layer, often called the surface soil or topsoil. It is the part of the soil in which organic matter is most abundant, and leaching of soluble salts and soil elements is typically the greatest.

     (ii)   B horizon. The layer that typically is immediately beneath the A horizon and often called the subsoil. This middle layer commonly contains more clay, iron or aluminum than the A or C horizons.

     (iii)   C horizon. The deepest layer of soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity and closely resembles the parent material.

   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.

   Spoil—Overburden and reject material that has been removed during surface coal mining operations.

   Spoil pile—The overburden and reject minerals as piled or deposited in surface mining.

   Stabilize—To reduce movement of soil, spoil piles or areas of disturbed earth by modifying the geometry of the mass, or by otherwise modifying physical or chemical properties, such as by providing a protective surface coating.

   Steep slope—A slope of more than 20° or such lesser slope as may be designated by the Department after consideration of soil, climate and other characteristics of the region.

   Stratum (strata)—A section of geologic formation that consists throughout approximately the same kind of rock material; a stratum may consist of an indefinite number of beds.

   Substrates—Inorganic sediments which are 0.05 millimeter in diameter or larger, and include sands, granules, pebbles, cobbles and boulders, based on Wentworth’s Classification.

   Surface mining activities—Activities whereby coal is extracted from the earth or from waste or stock piles or from pits or banks by removing the strata or material which overlies or is above or between the coal or otherwise exposing and retrieving the coal from the surface, including, but not limited to, strip and auger mining, dredging, quarrying and leaching, and surface activity connected with surface or underground mining, including, but not limited to, exploration, site preparation, entry, tunnel, slope, shaft, drift and borehole drilling and construction and activities related thereto. The term does not include portions of mining operations carried out beneath the surface by means of shafts, tunnels or other underground mine openings. The term includes activities in which the land surface has been disturbed as a result of or incidental to surface mining operations of the operator, including, but not limited to, private ways and roads appurtenant to a surface mining operation, land excavations, workings, refuse banks, spoil banks, culm banks, tailings, repair areas, storage areas, processing areas, shipping areas and areas in which facilities, equipment, machines, tools or other materials or property which result from, or are used in, surface mining activities are situated in. The term includes the construction of a road or similar disturbance for any purpose related to a surface mining activity, including that of moving or walking a dragline or other equipment, or for the assembly or disassembly or staging of equipment.

   Suspended solids—Expressed as milligrams per liter, means organic or inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the regulations of the EPA for waste water and analyses, 40 CFR Part 136 (relating to guidelines establishing test procedures for the analysis of pollutants).

   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.

   Terracing—Grading where the steepest contour of the highwall may not be greater than 35 degrees from the horizontal, with the table portion of the restored area a nearly level plain without depressions to hold water and with adequate provision for drainage, unless otherwise approved by the Department.

   Topsoil—The A soil horizon layer of the three major soil horizons.

   Toxic-forming materials—Earth materials or waste 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.

   Water supply—For the purpose of §  87.47 (relating to alternative water supply information) and §  87.119, an existing or currently designated or currently planned source of water or facility or system for the supply of water for human consumption or for agricultural, commercial, industrial or other uses.

   Water supply survey—

     (i)   The collection of reasonably available information for a water supply to establish:

       (A)   The location, type and use of the water supply.

       (B)   The chemical and physical characteristics of the water.

       (C)   The quantity of the water.

       (D)   The physical description of the water supply, including the depth and diameter of the well, length of casing and description of the treatment and distribution systems.

       (E)   Hydrogeologic data such as the static water level and yield determination.

     (ii)   Reasonably available information is information which can be collected without extraordinary effort or the expenditure of excessive sums of money.

   Water table—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 §  87.1 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § §  1406.1—1406.21); The Clean Streams Law (35 P. S. § §  691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 This chapter specifies certain specific procedures and rules for those who engage in surface mining activities. General rules and procedures for those who engage in surface mining activities are provided for in Chapter 86 (relating to surface and underground coal mining: general).

   The provisions of this §  87.2 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.

Subchapter B. [Reserved]

   The provisions of this §  87.20 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; reserved November 14, 1997, effective November 15, 1997, 27 Pa.B. 6041. Immediately preceding text appears at serial pages (206764) and (219211).

   The provisions of this §  87.21 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; reserved November 14, 1997, effective November 15, 1997, 27 Pa.B. 6041. Immediately preceding text appears at serial page (219211).

Subchapter C. SURFACE COAL MINES: MINIMUM
REQUIREMENTS FOR INFORMATION ON
ENVIRONMENTAL RESOURCES

Sec.

 Each permit application shall contain a description of the existing, premining resources within the proposed permit and adjacent area that may be impacted or affected by the proposed surface mining activities. The description shall include all the information required in this subchapter.

   The provisions of this §  87.41 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.

 Each application shall describe and identify:

   (1)  The location and extent of the proposed surface mining activities for which a permit is being sought and an identification of the size, sequence and timing of those lands adjacent to the proposed permit area for which it is anticipated that individual permits for mining will be sought.

   (2)  The nature of archaeological, cultural and historic resources listed on or eligible for listing on the National Register of Historic Places and known archaeological sites within the permit and adjacent areas. The description shall be based on available information, including, but not limited to, data of the Historical and Museum Commission and local archaeological, historical and cultural preservation agencies. The Department may require the applicant to identify and evaluate important historic and archaeological resources that may be eligible for listing on the National Register of Historic Places, through one or more of the following:

     (i)   The collection of additional information.

     (ii)   The conducting of field investigations.

     (iii)   Other appropriate analysis.

   The provisions of this §  87.42 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 February 17, 1984, 14 Pa.B. 524, effective August 4, 1984, 14 Pa.B. 2860; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075. Immediately preceding text appears at serial pages (158823) to (158824).

 (a)  Each application shall contain a description, in accordance with this section and § §  87.44—87.47, of the geology, hydrology and water quality and quantity of lands within the proposed permit area, the adjacent area and the general area. The description shall include information on the characteristics of surface and groundwaters within the general area, and water which will flow into or receive discharges of water from the general area.

 (b)  Information on hydrology, water quality, and quantity and geology related to hydrology of areas outside the proposed permit area may be obtained from an appropriate Federal or State agency. If this information is not available from those agencies, the applicant may gather and submit this information to the Department as part of the permit application. However, the permit will not be approved until this information is made available in the application.

 (c)  The use of modeling or other predictive techniques may be included as part of the permit application, but the same surface and groundwater information may be required for each site as when models are not used.

   The provisions of this §  87.43 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.

 Each application shall contain a description of the geology within the proposed permit and adjacent area down to and including the aquifer system that may be affected below the lowest coal seam to be mined including the following:

   (1)  The stratigraphy and results of test borings from the proposed permit area, identifying the location of subsurface water if encountered, lithologic and physical characteristics, and thickness of each stratum and coal seam, and the actual surface elevation of the drill holes.

   (2)  The structure within the proposed permit and its relation to the structure of the general area.

   (3)  Chemical analyses of the coal and overburden or a request for a waiver. The Department may waive the chemical analysis after making a written determination that it has equivalent information in a satisfactory form.

   (4)  Location, identification and status of other mining within or adjacent to the proposed permit area.

   (5)  Other analysis or test borings within the proposed permit or adjacent area that the Department deems relevant for evaluation of the impact of the proposed activities on the hydrologic balance.

   The provisions of this §  87.44 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.

 (a)  The application shall contain a description of the groundwater hydrology for the proposed permit and adjacent area, including, at a minimum:

   (1)  The depths to groundwater over the general area.

   (2)  The hydrologic characteristics of the strata described in §  87.44 (relating to geology description).

   (3)  The uses of the groundwater.

   (4)  The chemical characteristics of groundwaters in the area, including a description of known groundwater quality problems. At a minimum, water quality descriptions shall include total dissolved solids or specific conductance corrected to 25°C, pH, total iron, total manganese, alkalinity, acidity and sulfates.

 (b)  The application shall contain additional information which describes the storage and discharge characteristics of the groundwater for the permit and the adjacent area and the quality and quantity of groundwater, according to the parameters and in the detail required by the Department.

   The provisions of this §  87.45 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); The Clean Streams Law (35 P. S. § §  691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  87.45 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 December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial page (198932).

 (a)  An application shall contain a description of the surface waters, including the name of the watershed which will receive water discharges, the location of surface water bodies, such as streams, lakes, ponds and deep mine discharges and seeps, the location of a water discharge into a surface body of water and descriptions of surface drainage systems sufficient to identify, in detail, the seasonal variations in water quantity and quality within the proposed permit and adjacent areas.

 (b)  Surface water information shall include the following:

   (1)  The surface elevations and rate of flow of springs, seeps and deep mine discharges located within and adjacent to the proposed permit area.

   (2)  Minimum, maximum and average discharge conditions which identify critical low flow and peak discharge rates or streams sufficient to identify seasonal variations.

   (3)  Water quality data to identify the characteristics of surface waters in, discharging into, or which will receive flows from surface water or groundwater from the proposed permit area, sufficient to identify seasonal variations, showing the following:

     (i)   Total dissolved solids in milligrams per liter or specific conductance in micromhos per centimeter corrected to 25°C.

     (ii)   Total suspended solids in milligrams per liter.

     (iii)   Acidity in milligrams per liter.

     (iv)   pH in standard units.

     (v)   Total iron in milligrams per liter.

     (vi)   Total manganese in milligrams per liter.

     (vii)   Alkalinity in milligrams per liter.

     (viii)   Sulfates in milligrams per liter.

     (ix)   Total aluminum in milligrams per liter.

     (x)   Other information as the Department determines relevant.

   The provisions of this §  87.46 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); The Clean Streams Law (35 P. S. § §  691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  87.46 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 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (198932) to (198933).

 The application shall identify the extent to which the proposed surface mining activities may result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent area for domestic, agricultural, industrial or other legitimate use. If contamination, pollution, diminution or interruption may result, then the description shall identify the means to restore or replace the affected water supply in accordance with §  87.119 (relating to hydrologic balance: water rights and replacement).

   The provisions of this §  87.47 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.

   The Environmental Hearing Board properly found that the operator of a surface coal mine was required to permanently provide compensation for the increased maintenance costs of an adjacent property owner’s well water supply and establish an individual trust or escrow account for such future costs. Carlson Mining Co., Inc. v. Department of Environmental Resources, 639 A.2d 1332 (Pa. Commw. 1994).

 When requested by the Department, the application shall contain a statement of the climatological factors that are representative of the proposed permit and adjacent area. The statement shall contain the information the Department deems relevant to ensure compliance with the requirements of this chapter.

 Each application shall contain a description of the extent of cover, in percent ground cover, of the natural vegetation within the proposed permit area. When the postmining land use is wildlife habitat, the description shall include information adequate to establish the stocking standards of §  87.155(b)(2)(iii) (relating to revegetation: standards for successful revegetation). When requested by the Department, the application shall contain a map or aerial photograph that delineates existing vegetation types and a description of the plant communities within the proposed permit and adjacent area.

 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 §  87.84 (relating to fish and wildlife protection and enhancement plan).

   (2)  Site-specific resource information necessary to address the respective species or habitats are 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, act of December 28, 1973 (Pub. L. No. 93-205) (87 Stat. 884), or species or habitats protected by Pennsylvania 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 Pennsylvania or Federal law.

   The provisions of this §  87.50 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial page (148620).

 (a)  Each application shall contain a statement and map of the uses, conditions, capability and productivity of the land within the proposed permit area, including:

   (1)  The uses of the land existing at the time of application and, if the land use has changed within 5 years prior to time of application, the prior use of the land; and if the land has been previously mined and not reclaimed, the uses which preceded any mining.

   (2)  The capability of the land prior to any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and hydrology.

   (3)  The productivity of cropland, pastureland, land occasionally cut for hay or commercial forestland, expressed as average yield of food, fiber, forage or wood products. The productivity shall be determined by yield data or estimates for similar sites based on current data from the United States Department of Agriculture or the Pennsylvania Department of Agriculture.

 (b)  Each application shall contain a description of the existing land uses and land use classifications under local law, if any, of the proposed permit and adjacent areas.

   The provisions of this §  87.52 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.

 (a)  The applicant shall conduct a preapplication investigation of the proposed permit area to determine whether lands within the area may be prime farmland.

 (b)  Land will not be considered prime farmland if the applicant can demonstrate one of the following:

   (1)  The land has not been historically used as cropland.

   (2)  Other factors exist, such as a very rocky surface, or the land is frequently flooded during the growing season, more often than once in 2 years, and the flooding has reduced crop yields.

   (3)  On the basis of a soil survey of lands within the permit area, there are no soil map units that have been designated prime farmland by the United States Soil Conservation Service.

 (c)  If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one of the criteria of subsection (b).

 (d)  If the investigation indicates that lands within the proposed permit area may be prime farmlands, the applicant shall contact the United States Soil Conservation Service to determine if a soil survey exists for those lands and whether the applicable soil map units have been designated as prime farmlands. If no soil survey has been made for the lands within the proposed permit area, the applicant shall cause a survey to be made.

   (1)  When a soil survey, as required in this subsection, contains soil map units which have been designated as prime farmlands, the applicant shall submit a soil survey of the proposed permit area according to the standards of the National Cooperative Soil Survey and in accordance with the procedures in the United States Department of Agriculture Handbooks 436 (Soil Taxonomy, 1975) and 18 (Soil Survey Manual, 1951) as amended. The soil survey shall include a map unit and representative soil profile description as determined by the United States Soil Conservation Service for each prime farmland within the proposed permit area unless other representative descriptions from the locality, prepared in conjunction with the National Cooperative Soil Survey, are available and their use is approved by the State Conservationist, United States Soil Conservation Service.

   (2)  When a soil survey, as required in this subsection, contains soil map units which have not been designated as prime farmland after review by the United States Soil Conservation Service, the applicant shall submit a request for negative determination for nondesignated land with the permit soil survey establishing compliance with subsection (b).

   The provisions of this §  87.53 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 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148621) to (148622).

 (a)  A permit application shall contain maps and plans of the proposed permit and adjacent area showing the following:

   (1)  The boundaries and the name of present owners of record of land, both surface and subsurface, for the proposed permit and adjacent lands; and the boundaries of the land within the proposed permit area which the applicant has the legal right to enter and begin surface mining activities.

   (2)  The boundaries of the land to be affected.

   (3)  The boundaries of the areas proposed to be affected over the estimated total life of the proposed operation.

   (4)  The location, names of the owners and present occupants, and the current use of the buildings on and within 1,000 feet of the perimeter of the proposed permit area.

   (5)  The location and the names of public roads, railroads, utility lines and other surface and subsurface manmade features within or adjacent to the proposed permit area.

   (6)  The location and the name of current public and private surface water supplies that have intakes on the receiving stream within 10 miles downstream of the proposed permit area, public water supplies on or within 1/2 mile of the affected area and private water supplies on or within 1,000 feet of the proposed permit area.

   (7)  The location of monitoring stations and the location and elevation of springs and wells.

   (8)  The boundaries of land within the proposed permit or adjacent area identified in Chapter 86, Subchapter D (relating to areas unsuitable for mining) as unsuitable, limited or prohibited to mining.

   (9)  The boundaries of a public park and location of cultural or historical resources listed on or eligible for listing on the National Register of Historic Places and known archaeological sites within the permit and adjacent area.

   (10)  Each public or private cemetery or Indian burial ground located in or within the permit or adjacent area.

   (11)  Land within the proposed permit and adjacent area which is within the boundaries of the National Trails System or the Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C.A. §  1276(a)).

   (12)  The drainage area above and below the proposed permit area and the location and names of the surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the affected and adjacent areas.

   (13)  The municipality or township and county and, if in a township, the nearest municipality.

   (14)  The elevation and location of test borings and core samplings.

   (15)  The nature, depth and thickness of the coal or rider seams and each stratum of overburden to the depth of the stratum immediately below the lowest coal seam to be mined.

   (16)  All coal crop lines, and the strike and dip of the coal to be mined.

   (17)  The ownership, if known, location and extent of known workings of active, inactive and abandoned underground mines including mine openings, and the extent of deep mine pools and discharge points to the surface within the proposed permit and adjacent areas.

   (18)  The location and extent of existing or previously surface-mined areas.

   (19)  The location and areal extent of existing areas of spoil, waste and noncoal waste disposal, dams, embankments, other water treatment and air pollution control facilities within the proposed permit area.

   (20)  The location and depth, if available, of gas and oil wells within the proposed permit area.

   (21)  Sufficient slope measurements to adequately represent the existing land surface configuration of the proposed permit area, measured and recorded according to the following:

     (i)   Each measurement shall consist of an angle of inclination along the prevailing slope extending 100 linear feet above and below or beyond the coal outcrop or the area to be disturbed, or, when this is impractical, at locations specified by the Department.

     (ii)   The measurements shall extend at least 100 feet beyond the limits of mining disturbances, or another distance determined by the Department to be representative of the premining configuration of the land, when the area has been previously mined.

     (iii)   Slope measurement shall take into account natural variations in slope, to provide accurate representation of the range of natural slopes and reflect geomorphic differences of the area to be disturbed.

   (22)  The location of each haul road and access road and appropriate cross sections, design drawings and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches and drainage structures for each road to be constructed, used or maintained within the proposed permit area, but not including roads within the pit or on unreclaimed spoil areas.

   (23)  Other information the Department deems relevant.

 (b)  Maps, plans and cross sections required by this section shall be accurately surveyed and on a scale satisfactory to the Department, not less than 1:25,000 and in a manner satisfactory to the Department. The maps or plans and cross sections shall be prepared and certified by a qualified registered professional engineer, qualified registered land surveyor or qualified registered professional geologist with assistance from experts in related fields.

   The provisions of this §  87.54 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); The Clean Streams Law (35 P. S. § §  691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  87.54 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 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (198937) to (198938).

   This section cited in 25 Pa. Code §  86.81 (relating to program services); and 25 Pa. Code §  86.261 (relating to program services).

Subchapter D. SURFACE COAL MINES: MINIMUM
REQUIREMENTS FOR OPERATION AND
RECLAMATION PLAN

Sec.

 As part of each permit application, the applicant shall provide a detailed description of the surface mining activities showing the manner in which the provisions of this chapter will be met. The description shall include, at a minimum, the information required in this subchapter.

   The provisions of this §  87.61 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.

 An application shall contain a description of the surface mining activities proposed to be conducted during the life of the mine within the proposed permit area, including, at a minimum, the following:

   (1)  A description of the type and method of coal mining procedures, proposed engineering techniques and the major equipment to be used.

   (2)  An explanation of the construction, modification, use, maintenance and removal of the following facilities—unless retention of the facilities is approved for postmining land use under §  87.159 (relating to postmining land use):

     (i)   Dams, embankments and other impoundments.

     (ii)   Overburden and topsoil handling and storage area and structures.

     (iii)   Coal removal, handling, storage, cleaning and transportation area and structures.

     (iv)   Spoil, coal processing waste and noncoal waste removal, handling, storage, transportation and disposal areas and structures.

     (v)   Mine facilities.

     (vi)   Water and air pollution control facilities.

     (vii)   Erosion control facilities.

   (3)  A description or explanation of the relative sequence of surface mining activities, including the relative timing of various phases and the estimated life of the mine.

   (4)  A demonstration that the notification requirements of §  86.31(e) (relating to public notices of filing of permit applications) have been satisfied.

   The provisions of this §  87.62 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 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (219217) to (219218).

 (a)  Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the surface coal mining and reclamation operation, including the following:

   (1)  Location.

   (2)  Plans of the structure which describe its current condition.

   (3)  Approximate dates on which construction of the existing structures was begun and completed.

   (4)  A showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of Subchapter E (relating to surface coal mines: minimum environmental protection performance standards) or design requirements of Subchapter E.

 (b)  Each application shall contain a compliance plan for existing structures to be modified or reconstructed for use in connection with or to facilitate the surface coal mining and reclamation operation. The compliance plan shall include:

   (1)  Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of Subchapter E.

   (2)  A construction schedule which shows dates for beginning and completing interim steps and final reconstruction.

   (3)  Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of Subchapter E are met.

   (4)  A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

   The provisions of this §  87.63 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.

 (a)  An application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with § §  87.124—87.129 and including the following:

   (1)  Drilling patterns, including size, number, depths and spacing of holes.

   (2)  Charge and packing of holes.

   (3)  Types of initiation and detonation controls.

   (4)  Sequence and timing of firing holes.

 (b)  The blast plan shall be prepared and signed by a certified blaster licensed to conduct general blasting under Chapter 210 (relating to blasters’ license).

   The provisions of this §  87.64 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 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148627) to (148628).

 (a)  An application shall contain maps and plans of the proposed permit and adjacent area showing the following:

   (1)  The boundaries of lands proposed to be affected over the estimated total life of the proposed operation and the sequence of mining and reclamation.

   (2)  Changes in a facility or feature to be caused by the proposed operation for the facility or feature identified under §  87.52 (relating to land use information).

   (3)  Buildings, utility corridors and facilities which will be used in the operation.

   (4)  Areas of land for which a bond will be posted under Chapter 86, Subchapter F (relating to bonding and insurance requirements).

   (5)  Coal storage, cleaning and loading areas.

   (6)  Topsoil, spoil, coal waste and noncoal waste storage areas.

   (7)  Water diversion, collection, conveyance, sedimentation and erosion control, treatment, storage and discharge facilities to be used.

   (8)  Air pollution collection and control facilities, if required.

   (9)  Sources of waste and waste disposal facilities relating to coal processing or pollution control.

   (10)  Facilities to be used to protect and enhance fish and wildlife and related environmental values.

   (11)  Explosive storage and handling facilities.

   (12)  The location of each sedimentation pond, permanent water impoundment, coal processing waste bank, coal processing waste dam and embankment and fill area for the disposal of excess spoil in accordance with § §  87.73, 87.74 and 87.79 (relating to dams, ponds, embankments and impoundments; coal refuse disposal; and disposal of excess spoil).

 (b)  Maps, plans and cross sections required by this section shall be on a scale satisfactory to the Department, but at least 1:25,000 and in a manner satisfactory to the Department. The maps or plans and cross sections shall be prepared and certified by a qualified registered professional engineer, qualified registered professional land surveyor or qualified registered professional geologist with assistance from experts in related fields.

   The provisions of this §  87.65 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); The Clean Streams Law (35 P. S. § §  691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  87.65 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 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (198942) to (198943).

 The description shall include an air pollution control plan which includes the following:

   (1)  A plan for fugitive dust control practices, as required under §  87.137 (relating to air resources protection), and if applicable, how the requirements of Chapters 123 and 127 (relating to standards for contaminants; and construction, modification, reactivation and operation of sources) will be met.

   (2)  If required by the Department, an air quality control monitoring program to provide sufficient data to evaluate the effectiveness of the air pollution control plan.

   The provisions of this §  87.66 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.

 An application shall contain a plan for the reclamation of the lands within the proposed permit area, including, at a minimum, the following information:

   (1)  A timetable for the accomplishment of each major step in the reclamation plan.

   (2)  An estimate of the cost of reclamation of the proposed operation to be covered by a bond under Chapter 86, Subchapter F (relating to bonding and insurance requirements) with supporting calculations for the estimates.

   (3)  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 permit area, in accordance with § §  87.141, 87.142, 87.144 and 87.145.

   (4)  A plan for removal, storage and redistribution of topsoil, subsoil and other material to meet the requirements of § §  87.96—87.100.

   (5)  A plan for revegetation as required in § §  87.147—87.153, 87.155 and 87.156, including, but not limited to, descriptions of the following:

     (i)   The schedule for revegetation.

     (ii)   The species and amounts per acre of seeds and seedlings to be used.

     (iii)   The method to be used in planting and seeding.

     (iv)   Mulching techniques, if required by the Department.

     (v)   Irrigation, if appropriate, and pest and disease control measures.

     (vi)   Techniques proposed to be used to determine the success of revegetation as required in §  87.156 (relating to revegetation: techniques and frequency of measurement).

     (vii)   A soil testing plan for determining nutrients and soil amendments as required by §  87.100 (relating to topsoil: nutrients and soil amendments).

   (6)  A description of measures to be employed to ensure that debris, acid-forming and toxic-forming materials and materials constituting a fire hazard are disposed of in accordance with § §  87.136 and 87.145 (relating to disposal of noncoal wastes; and backfilling and grading: covering coal and acid-forming and toxic-forming materials), and a description of the contingency plans which have been developed to preclude sustained combustion of the materials.

   (7)  A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case or manage exploration holes, other bore holes, wells and other openings within the proposed permit area, in accordance with §  87.93 (relating to casing and sealing of drilled holes).

   The provisions of this §  87.68 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 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 11, 1992, effective December 12, 1992, 22 Pa.B. 5945. Immediately preceding text appears at serial pages (158837) to (158838).

 (a)  Each application shall contain a detailed description, with appropriate maps and cross sections of the measures to be taken during and after the proposed surface mining activities in accordance with Subchapter E (relating to surface coal mines: minimum environmental protection performance standards), to ensure the protection of the quality and quantity of surface and groundwater systems, both within the proposed permit and adjacent areas, from the adverse effects of the proposed surface mining activities, and the rights of present users of surface and groundwater.

 (b)  Each application shall also contain the following:

   (1)  A plan for the control, in accordance with Subchapter E, of surface and groundwater drainage into, through and out of the proposed permit and adjacent area.

   (2)  A plan for the treatment, in accordance with Subchapter E, if necessary, of surface and groundwater drainage from the area to be disturbed by the proposed activities to meet the effluent standards in accordance with §  87.102 (relating to hydrologic balance: effluent standards).

   (3)  A plan for the restoration of the approximate recharge capacity of the permit and adjacent area in accordance with §  87.115 (relating to hydrologic balance: protection of groundwater recharge capacity).

   (4)  A plan for the collection, recording and reporting of groundwater and surface water quality and quantity data in accordance with § §  87.116 and 87.117 (relating to hydrologic balance: groundwater monitoring; and hydrologic balance: surface water monitoring). The plan shall identify monitoring locations and sampling frequency, and logically relate to the determination of probable hydrologic consequences in paragraph (5).

   (5)  A determination of the probable hydrologic consequences of the proposed surface mining activities, on the proposed permit and adjacent area, with respect to the hydrologic regime and the quantity and quality of water in surface and groundwater systems under all seasonal conditions. The determination shall address the parameters measured in accordance with § §  87.45 and 87.46 (relating to groundwater information; and surface water information).

   The provisions of this §  87.69 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); The Clean Streams Law (35 P. S. § §  691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  87.69 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 December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (198944) to (198945).

 Each application shall contain the necessary information to demonstrate how the proposed sediment control measures for the surface mining and reclamation operation will meet the requirements of Chapter 102 (relating to erosion and sediment control) and the additional sediment control requirements of §  87.106 (relating to hydrologic balance: sediment control measures).

   The provisions of this §  87.70 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.

 Each application shall contain the necessary information to demonstrate how each proposed water obstruction and encroachment will meet the requirements of Chapter 105 (relating to dam safety and waterway management) and §  87.104 (relating to stream channel diversions).

   The provisions of this §  87.71 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.

 Each application shall show the manner in which the applicant plans to divert water from entering the operation in accordance with §  87.105 (relating to hydrologic balance: diversions).

   The provisions of this §  87.72 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.

 (a)  An application shall contain a general plan and a detailed design for each temporary and permanent dam, pond, embankment and impoundment, and coal refuse dam or embankment within the proposed permit area.

 (b)  The general plan shall contain the following:

   (1)  A description, map and cross section of the structure and its location.

   (2)  Preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure.

   (3)  A survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.

   (4)  A certification statement which includes a schedule setting forth the dates that detailed design plans for structures that are not submitted with the initial application. The detailed design of the structure shall be approved by the Department, in writing, before construction of the structure begins.

 (c)  The detailed design plan for a structure shall:

   (1)  Be prepared by, or under the direction of, and certified by a qualified registered professional engineer with assistance, as necessary, from experts in related fields such as geology, land surveying and landscape architecture, when a permit under Chapter 105 (relating to dam safety and waterway management) is required or when impoundments meet or exceed MSHA size classification or other criteria of 30 CFR 77.216(a) (relating to water sediment or slurry impoundment and impounding structures; general). When a permit under Chapter 105 is not required or when impoundments do not meet or exceed the MSHA size classification or other criteria of 30 CFR 77.216(a) (relating to water sediment or slurry impoundment and impounding structures; general), the detailed design plan shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer or qualified registered land surveyor.

   (2)  Include design and construction requirements for each structure, including required geotechnical information.

   (3)  Describe the operation and maintenance requirements for each structure.

   (4)  Describe the timetable and plans to remove each structure, if appropriate. An impounding structure constructed of coal refuse or used to impound coal refuse may not be retained permanently as part of the approved postmining land use, unless it develops into a fill meeting the construction requirements of §  90.122 (relating to coal refuse disposal).

   (5)  Include a stability analysis if the structure is more than 20 feet in height as measured from the upstream toe of the embankment to the crest of the emergency spillway or has a storage volume of more than 20 acre feet.

 (d)  The detailed design of sedimentation ponds shall include the information required by §  87.108 (relating to hydrologic balance: sedimentation ponds).

 (e)  The detailed design of a coal processing waste dam or embankment shall include the information required by Chapter 90 (relating to coal refuse disposal).

   The provisions of this §  87.73 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); The Clean Streams Law (35 P. S. § §  691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  87.73 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 February 17, 1984, 14 Pa.B. 524, effective August 4, 1984, 14 Pa.B. 2860; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (198946) to (198947).

 Each application shall include the necessary information to demonstrate how the proposed disposal of coal refuse will meet the requirements of Chapter 90 (relating to coal refuse disposal).

   The provisions of this §  87.74 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.

 (a)  Each application shall contain a detailed description of the proposed use, following reclamation of the land within the proposed permit area, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the use to existing land use policies and plans. The description shall explain:

   (1)  How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use.

   (2)  When pastureland is the postmining use, the detailed management plans to be implemented.

   (3)  When a land use different from the premining land use is proposed, all materials needed for approval of the alternative use under §  87.159 (relating to postmining land use).

   (4)  The consideration which has been given to making all of the proposed surface mining activities consistent with surface owner plans and applicable Commonwealth and local land use plans and programs.

 (b)  If an alternate land use is proposed, the description shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the Commonwealth and local government agencies which would have to initiate, implement, approve or authorize the proposed use of the land following reclamation.

   The provisions of this §  87.75 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.

 For surface mining activities within the proposed permit area to be conducted within 500 feet to any point of either an active or abandoned underground mine, the application shall describe the measures to be used to comply with § §  87.124—87.129 and 87.135.

   The provisions of this §  87.76 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.

 (a)  For publicly owned parks or historic places listed on the National Register of Historic Places that may be adversely affected by the proposed operations, each application shall describe the measures to be used to accomplish the following:

   (1)  Prevent adverse impacts and meet the requirements of Chapter 86, Subchapter D (relating to areas unsuitable for mining).

   (2)  Minimize adverse impacts, if valid existing rights exist or joint agency approval is to be obtained under Chapter 86, Subchapter D.

 (b)  The Department may require the applicant to protect historic or archaeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance. The required measures shall be completed before the properties are affected by surface mining activity.

   The provisions of this §  87.77 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 May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial page (239639).

 Each application shall include a description and necessary drawings, approved by the Department of Transportation or the municipality having jurisdiction of the road, if the applicant proposes to relocate a public road or conduct surface mining activities within 100 feet of the right-of-way of any public road, except where the mine access joins that right-of-way.

   The provisions of this §  87.78 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.

 (a)  Each application shall contain a description, including appropriate maps and cross sections, of the proposed disposal site and design of the spoil disposal structures according to §  87.131 (relating to disposal of excess spoil). The description shall include the geotechnical investigation, design, construction, operation, maintenance and removal, if appropriate, of the site and structures.

 (b)  The geotechnical investigation of the proposed disposal site shall include the following:

   (1)  The character of bedrock and any adverse geologic condition in the disposal area.

   (2)  A survey identifying all springs, seepage and groundwater flow observed or anticipated during wet periods in the area of the disposal site.

   (3)  A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations.

   (4)  A technical description of the rock materials to be utilized in the construction of those disposal facilities underlain by a rock drainage blanket.

   (5)  A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

 (c)  If rock-toe buttresses or key-way cuts are required according to §  87.131(k), the description shall include the following:

   (1)  The number, location and depth of or test pits with respect to the size of the spoil disposal structures and subsurface conditions.

   (2)  Design parameters utilized to design the rock-toe buttress or key-way cuts.

   The provisions of this §  87.79 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.

 For each haul road, access road or other transportation facility, the application shall contain a description of the road or facility and appropriate maps, plans, cross-sections and specifications to demonstrate compliance with § §  87.160 and 87.166 (relating to haul roads and access roads; and haul roads and access roads: restoration); or §  87.172 (relating to other transportation facilities).

   The provisions of this §  87.80 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.

 For surface mining activities to be conducted on steep slopes, the application shall contain sufficient information to establish that the operation will be conducted in compliance with the requirements of §  87.174 (relating to steep slope operations). When a variance from regrading the land to approximate original contour is requested, the application shall contain sufficient information to establish that the operation will be conducted in compliance with the requirements of §  87.175 (relating to variance to contouring).

   The provisions of this §  87.81 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.

 For surface mining activities utilizing augering operations, the application shall contain a description of the augering methods to be used and sufficient information to demonstrate compliance with §  87.176 (relating to auger mining).

   The provisions of this §  87.82 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.

 A person who conducts, or intends to conduct, surface coal mining and reclamation operations on prime farmland historically used for cropland shall submit a plan, as part of the permit application, for the mining and restoration of the land. The plan shall contain at a minimum:

   (1)  The proposed method and type of equipment to be used for removal, storage and replacement of the soil in accordance with § §  87.177—87.181.

   (2)  The proposed measures to be taken during soil reconstruction to prevent excessive compaction and achieve soil bulk densities which will result in the restored area returned to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management.

   (3)  The location of areas to be used for the separate stockpiling of the soil and plans for soil stabilization before distribution.

   (4)  If applicable, documentation, such as agricultural school studies or other scientific data from comparable areas, that supports the use of other suitable material, instead of the B or C soil horizon, to obtain on the restored area equivalent or higher levels of yield as nonmined prime farmlands in the surrounding area under equivalent levels of management.

   (5)  Plans for seeding or cropping the final graded disturbed land and the conservation practices to be used to adequately control erosion and sedimentation and restoration of an adequate soil moisture regime, during the period from completion of regrading until release of the bond under Chapter 86 Subchapter F (relating to bonding and insurance requirements). Proper adjustments for seasons shall be proposed so that final graded land is not exposed to erosion during seasons when vegetation or conservation practices cannot be established due to weather conditions.

   (6)  Available agricultural school studies or other scientific data for areas with comparable soils, climate and management—including water management—that demonstrate that the proposed method of reclamation will achieve, within a reasonable time, equivalent or higher levels of yield after mining as existed before mining.

   (7)  A soil survey with description of soil mapping units and representative soil profile under §  87.53(d)(1) (relating to prime farmland investigation). The soil profile description shall include, but not be limited to, soil horizon depths, pH and range of soil densities for each prime farmland soil unit within the proposed permit area. The Department may require the applicant to provide information on other physical and chemical soil properties as needed to make a determination that the operator has the technological capability to restore the prime farmland within the permit area to the soil reconstruction standards of § §  87.178—87.181.

   The provisions of this §  87.83 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 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148637) to (148638).

 (a)  An application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act of 1973, act of December 28, 1973 (Pub. L. No. 93-205) (87 Stat. 884), during the surface mining activities and how enhancement of these resources will be achieved where practicable. This description shall:

   (1)  Be consistent with the requirements of §  87.138 (relating to protection of fish, wildlife and related environmental values).

   (2)  Apply, at a minimum, to species and habitats identified under §  87.50 (relating to fish and wildlife resource information).

   (3)  Include the following:

     (i)   Protective measures that will be used during the active mining phase of operation. The measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines and the monitoring of surface water quality and quantity.

     (ii)   Enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. The measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover and the replacement of perches and nest boxes. If the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

 (b)  The Department will provide the resource information required under