A person who conducts surface mining activities shall comply with the performance standards and design requirements of this subchapter.

 (a)  A person who conducts surface mining activities shall identify the operation for the duration of the surface mining activities by posting and maintaining a sign which will be clearly visible at the junction of each actively used haul road and public road. The sign shall be constructed of a durable weather resistant material at a minimum size of 2 feet by 3 feet with a light background and contrasting letters and numbers of a minimum height of 1/2 inch that can be easily seen and read. The sign shall show the name, business address and telephone number of the person who conducts the surface mining activities and the identification number of the current permit authorizing surface mining activities.

 (b)  If blasting is conducted as part of the operation, the person who conducts the surface mining activities shall post and maintain signs and markers as required by §  88.135 (relating to blasting: surface blasting requirements).

 (c)  Groundwater and surface water monitoring locations and sampling points used to obtain background information shall be clearly marked and identified. The identification of monitoring locations and sampling points shall correspond with the identification used in the permit application. Markers used to identify monitoring locations shall be made of durable material. The Department may waive marking requirements in cases where the monitoring location or sampling point is obvious or where marking would be objectionable for aesthetic reasons.

   The provisions of this §  88.82 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 §  88.82 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial page (199063).

 (a)  An exploration hole, other drill or borehole, well or other exposed opening (except for holes solely drilled and used for blasting), shall be sealed, backfilled or otherwise managed, as approved by the Department, in order to do the following:

   (1)  Prevent acid or other toxic drainage from entering groundwaters or surface waters.

   (2)  Minimize disturbance to the prevailing hydrologic balance.

   (3)  Ensure the safety of people, property, livestock, fish and wildlife and machinery in the permit and adjacent areas.

   (4)  Prevent groundwater and surface water from entering underground mine workings.

 (b)  If these openings are uncovered or exposed by surface mining activities within the permit area, they shall be permanently closed unless approved for water monitoring, or otherwise managed in a manner approved by the Department.

 (c)  Use of a drilled hole, borehole or monitoring well as a water well shall meet the provisions of §  88.106 (relating to hydrologic balance: surface water monitoring).

 (d)  Gas and oil wells shall be sealed in accordance with the Oil and Gas Act (58 P. S. § §  601.101—601.605).

 (e)  A solid barrier of undisturbed earth, 125 feet (38.1 meters) in radius shall be maintained around all oil and gas wells, unless:

   (1)  The well is sealed in accordance with subsection (d).

   (2)  The Department approves in writing a lesser distance if:

     (i)   Access to the well is provided at all times.

     (ii)   The integrity of the well is maintained.

     (iii)   The measures included in the permit to minimize damage, destruction or disruption of services are implemented.

   The provisions of this §  88.83 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).

 Soil, in an amount sufficient to ensure ample material for vegetation, shall be removed, conserved and redistributed for the final surface layer. If soil is unavailable suitable mine spoil or other materials which will support vegetation shall be conserved and redistributed as the final surface.

   The provisions of this §  88.86 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (99147).

 (a)  Available soil, as required by §  88.86 (relating to vegetation-supporting material: general requirements), shall be removed from the area to be disturbed prior to any surface mining.

 (b)  In the event that removal of vegetative matter, soil or other materials may result in erosion which may cause air or water pollution, the size of the area from which soil is removed at any one time shall be limited and other measures shall be taken that the Department may approve or require to control erosion.

 (c)  If the soil is less than 12 inches in depth, all soil and sufficient unconsolidated material immediately below the soil shall be removed to provide a 12-inch layer when redistributed as the final surface.

 (d)  On areas that have been previously affected by mining with no available soil, the spoil material best suited to support vegetation shall be conserved for redistribution as the final surface.

   The provisions of this §  88.87 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Soil and other vegetation-supporting materials shall be redistributed or stockpiled for redistribution.

 (b)  Stockpiled materials shall be selectively placed on stable area within the permit area and located where the material, unless approved by the Department, will not be moved or otherwise distributed by the mining activity until required for redistribution on the regraded areas.

 (c)  Stockpiled material shall be protected from wind and water erosion, unnecessary compaction and contaminants which lessen the capability of the materials to support vegetation when redistributed. Protective measures shall be accomplished by one of the following:

   (1)  Seeding or planting an effective cover of nonnoxious quick-growing annual and perennial species.

   (2)  Other methods demonstrated to and approved by the Department to provide equal protection.

   The provisions of this §  88.88 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Prior to redistribution of soil or other vegetation-supporting material, the regraded land shall be scarified or otherwise treated as required by the Department to eliminate slippage surfaces and to promote root penetration.

 (b)  Soil and other vegetation-supporting materials shall be redistributed in a manner that meets the following:

   (1)  Achieves an approximate uniform, stable thickness consistent with the approved postmining land uses, contours and surface water drainage system.

   (2)  Prevents excess compaction of the soil and other vegetation-supporting materials.

   (3)  Protects the soil and other vegetation-supporting materials from wind and water erosion before and after it is seeded and planted.

   The provisions of this §  88.89 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Nutrients and soil amendments in the amounts determined by soil tests shall be applied to the surface soil layer so that it supports the approved postmining land use and meets revegetation requirements of § §  88.121—88.130.

 (b)  Soil tests shall be performed using standard methods approved by the Department. Results of a soil test shall be submitted to the Department.

 (c)  Agricultural lime or limestone used for neutralizing soil acidity shall be of sufficient fineness so that a minimum of 95% will pass through a 20 mesh sieve and shall contain sufficient calcium and magnesium to be equivalent to not less than 89% calcium carbonate. An alternate material of equivalent neutralizing effect may be employed.

 (d)  The use of fly ash and sewage sludge as soil amendments may be approved by the Department if demonstrated to be a suitable soil amendment and meets the requirements of Subpart D, Articles VIII and IX (relating to municipal waste; and residual waste management).

   The provisions of this §  88.90 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92561).

 (a)  Surface mining activities shall be planned and conducted to minimize disturbances to the prevailing hydrologic balance in the permit and adjacent areas and to prevent material damage to the hydrologic balance outside the permit area. The Department may require additional preventive, remedial or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Where the area has been previously mined, the surface mining activity shall be planned and conducted to maximize the abatement of water pollution and the reclamation of the land.

 (b)  Changes in water quality and quantity, the depth to groundwater, and the location of surface water drainage channels shall be minimized so that the approved postmining land use of the permit area is not adversely affected.

 (c)  The treatment requirements and effluent limitations established under §  88.92 (relating to hydrologic balance: effluent standards) may not be violated.

 (d)  A person who conducts surface mining activities shall conduct the mining and reclamation operation to prevent water pollution and, if necessary, operate and maintain the necessary water treatment facilities until applicable treatment requirements and effluent limitations established under §  88.92 are achieved and maintained. If these practices are not adequate, the person who conducts surface mining activities shall provide the necessary water treatment facilities to obtain the applicable water quality standards.

 (a)  Groups of effluent criteria. A person may not allow a discharge of water from an area disturbed by mining activities which exceeds the following groups of effluent criteria. The effluent limitations shall be applied under subsection (b).

Group A

	30-day	Daily	Instantaneous
Parameter	Average	Maximum	Maximum
iron (total)	3.0 mg/l	6.0 mg/l	7.0 mg/l
manganese (total)	2.0 mg/l	4.0 mg/l	5.0 mg/l
suspended solids	35 mg/l	70 mg/l	90 mg/l
pH 1		greater than 6.0; less than 9.0
alkalinity greater than acidity 1
1 The parameter is applicable at all times.

Group B

	Instantaneous
Parameter	Maximum
iron (total)	7.0 mg/l
settleable solids	0.5 ml/l
pH	greater than 6.0; less than 9.0
alkalinity greater than acidity

Group C

	Instantaneous
Parameter	Maximum
pH	greater than 6.0; less than 9.0
alkalinity greater than acidity

 (b)  Effluent limitations and precipitation exemptions. Effluent limitations and precipitation exemptions are as follows:

   (1)  The discharges specified in this subsection shall comply with the effluent limitations set forth as follows:

   (2)  To be entitled to the effluent limitations in Group B or Group C, the permittee shall comply with §  88.93 (relating to hydrologic balance: precipitation event exemption).

 (c)  Exceptions to effluent limitations. Exemptions to effluent limitations are as follows:

   (1)  The pH of discharges shall be maintained between 6.0 and 9.0 except in the following circumstances:

     (i)   Where the wastes are discharged to an acid stream, in which cases the pH may be greater than 9.0.

     (ii)   When the discharger affirmatively demonstrates to the Department that the wastewater treatment process being used by the discharger requires the pH to be raised above 9.0, that the elevated pH will not cause a safety hazard at the outfall and that the elevated pH will not result in a violation of applicable water quality standards in Chapter 93 (relating to water quality standards) or of the applicable treatment requirements and effluent limitations to which a discharge is subject under the Clean Water Act (33 U.S.C.A. § §  1251—1376), the Department may grant a variance from this limitation.

   (2)  When a discharge without chemical or biological treatment has a pH greater than 6.0 and a total iron concentration of less than 10.0 mg/1, the manganese limitation does not apply.

 (d)  Single facilities used for sediment and erosion control. If a single facility is used for sediment and erosion control facilities and treatment facilities covered by this section, the concentration of each pollutant in the combined discharge may not exceed the most stringent limitations for that pollutant applicable to a component waste stream of the discharge.

 (e)  Postmining pollutional discharges.

   (1)  If a postmining pollutional discharge occurs, the discharger shall immediately provide interim treatment to comply with the Group A effluent requirements in subsection (a), including any modifications authorized or required under subsection (c), (d) or (f). The discharger shall also take whatever measures are necessary and available to abate the discharge, including modifying the operation and reclamation plan for the mining activity.

   (2)  If the discharge continues to exist, after implementation of the abatement measures required under paragraph (1), the discharger shall make provisions for sound future treatment of the discharge to achieve the Group A effluent requirements in subsection (a), including modifications authorized or required under subsection (c) or (f). If the untreated discharge can be adequately treated using a passive treatment system, paragraph (3) applies in lieu of the Group A effluent requirements of subsection (a). Discharges which can be adequately treated using a passive treatment system include, but are not limited to:

     (i)   Discharges with a pH which is always greater than 6.0 and an alkalinity which always exceeds the acidity.

     (ii)   Discharges with an acidity which is always less than 100 milligrams per liter, an iron content which is always less than 10 milligrams per liter, a manganese content which is always less than 18 milligrams per liter and a flow rate which is always less than 3 gallons per minute.

     (iii)   Discharges with a net acidity always less than 300 milligrams per liter which is calculated by subtracting the alkalinity of the discharge from its acidity.

   (3)  A passive treatment system authorized under paragraph (2) shall comply with the following effluent requirements:

     (i)   The system shall reduce the iron concentration by at least 90% or by that percentage necessary to achieve the Group A effluent requirements in subsection (a), whichever percentage is less.

     (ii)   The system shall produce an effluent alkalinity which exceeds effluent acidity.

   (4)  In addition to achieving the effluent requirements of paragraphs (2) and (3), the passive treatment system shall be designed and constructed to accomplish the following:

     (i)   Prevent discharge of mine drainage into the groundwater.

     (ii)   Prevent extraneous sources of groundwater and surface water runoff from entering the treatment system.

     (iii)   Hydraulically handle the highest average monthly flow rate which occurs during a 12-month period.

     (iv)   Have inlet and outlet structures which will allow for flow measurement and water sampling.

     (v)   Prevent to the maximum extent practicable physical damage, and associated loss of effectiveness, due to wildlife and vandalism.

     (vi)   Be of a capacity so that it will operate effectively and achieve the required effluent quality for 15 to 25 years before needing to be replaced.

   (5)  The passive treatment system shall be designed by, and constructed under the supervision of, a qualified professional knowledgeable in the subject of passive treatment of mine drainage.

 (f)  In addition to the requirements of subsections (a)—(e), the discharge of water from areas disturbed by mining activities shall comply with Chapters 91—93, 95, 97 (reserved) and 102.

   The provisions of this §  88.92 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 §  88.92 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; 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; amended November 14, 1997, effective November 15, 1997, 27 Pa.B. 6041; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (237169) to (237173).

 (a)  To establish the alternative effluent limitations of Group B or C in §  88.92(a) (relating to hydrologic balance: effluent standards), a permittee shall demonstrate to the Department’s satisfaction that a precipitation event has occurred, under the procedures in this section.

   (1)  The occurrence of a precipitation event greater than a 10-year, 24-hour precipitation event may be demonstrated by meeting the requirements of subsections (b)—(d) for each discharge that exceeds the effluent limits specified in §  88.92, unless the permit specifies a more stringent water quality based effluent limitation, in which case no exemption will be available under this section. If the permittee demonstrates to the Department’s satisfaction that a greater than 10-year, 24-hour precipitation event has occurred, the permittee shall meet the effluent limitation of Group C in §  88.92(a).

   (2)  The occurrence of a precipitation event equal to or less than a 10-year, 24-hour precipitation event may be demonstrated by meeting the requirements of subsections (c) and (d) for each discharge that exceeds the effluent limits specified in §  88.92, unless the permit specifies a more stringent water quality based effluent limitation, in which case no exemption will be available under this section. If the permittee demonstrates to the Department’s satisfaction that a precipitation event equal to or less than a 10-year, 24-hour precipitation event has occurred, the permittee shall meet the effluent limitations of Group B in §  88.92(a).

 (b)  The 10-year, 24-hour precipitation event for specific areas in this Commonwealth are listed as follows:

 (c)  For the permittee to demonstrate that the event listed in subsection (b) has for his mine area been exceeded, or that dry weather flow conditions did not exist, the permittee shall do one of the following:

   (1)  Collect 24-hour rainfall information from all official United States Weather Bureau Stations within a 25-mile distance radius of the site. By appropriate interpolation of the data collected under this paragraph, calculate the estimated rainfall event for the site. Appropriate interpolation shall be accomplished by:

     (i)   Construction of an isohyetal map in accordance with the guidelines established by the Department.

     (ii)   Linear interpolation between the isohytes.

   (2)  Prepare a verified copy of the chart or readout from a Department approved flow measuring device which continuously records the influent to the permitted treatment facility. The device shall be approved by the Department in writing prior to the event for which the exemption is sought and shall be secure to prevent tampering and acts of third parties.

   (3)  Prepare an analysis identifying the runoff area tributary to the treatment facility, and compare the actual runoff as measured and depicted by the flow measuring device with the runoff expected from the 10-year, 24-hour precipitation event specified for the mine area in subsection (a).

   (4)  Develop alternative documentation or data concerning the precipitation event. The method or system for developing the documentation or data shall be approved in writing prior to the occurrence of the event for which the exemption is being sought, and shall guarantee the integrity of the information collected.

 (d)  When the discharge from the site exceeds any effluent limit in the permit, the permittee shall notify the Department within 5 days of the occurrence of the event that he is applying for an exemption from that limit and shall within 30 days thereafter provide to the Department:

   (1)  The data required by subsection (c).

   (2)  A showing that the facility from which the discharge occurred was designed, maintained and operated during and prior to the event to accommodate or treat a 10-year, 24-hour precipitation event.

 (e)  The permittee is not entitled to claim a greater than 10-year, 24-hour precipitation event storm exemption unless the permittee has complied with subsections (c) and (d).

 (f)  Nothing in this section authorizes the Department to grant an exemption for a discharge which the Department finds may have caused or contributed to a violation of general or specific water quality criteria in Chapter 93 (relating to water quality standards).

   The provisions of this §  88.93 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148764) to (148766).

 Diversion of flow from perennial and intermittent streams shall meet the requirements of Chapter 105 (relating to dam safety and waterway management).

   The provisions of this §  88.94 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Surface water and shallow groundwater flow from undisturbed areas which will drain into the affected area shall be intercepted and diverted away from the disturbed area by means of diversion.

 (b)  Diversions shall be designed, constructed and maintained using current engineering practices to pass safely the peak runoff from a precipitation event with a 2-year recurrence interval for temporary diversions and 10-year recurrence interval for permanent diversion. If necessary to protect public health and safety or prevent pollution, a larger event shall be used.

 (c)  All soil shall be removed, stored on a stable site and protected against erosion and compaction until restoration of the diversion.

 (d)  Any diversion shall be vegetated or otherwise stabilized to prevent erosion or contributions of sediment to stream or runoff outside the affected area. Asphalt, concrete or other similar lining shall only be used when approved by the Department. Riprap shall be nondegradable, nonacid or toxic-forming rock that will not slake and will be free of coal, clay or shale.

 (e)  A diversion may not be located in a manner that increases the potential for landslides or other offsite damage.

 (f)  Excess material shall be placed in the backfilling, or at an excess spoil disposal area.

 (g)  When no longer needed, the diversion shall be regraded to blend with the natural contours and drainage pattern, and revegetated in accordance with the requirements of this subchapter.

   The provisions of this §  88.95 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (99152).

 Appropriate sediment control measures shall be designed, constructed and maintained to:

   (1)  Prevent, to the extent possible, contributions of sediment to streamflow or to runoff outside the affected area.

   (2)  Meet the treatment and effluent requirements of §  88.92 (relating to hydrologic balance: effluent standards).

   (3)  Minimize erosion to the extent possible.

   (4)  Meet the requirements of Chapter 102 (relating to erosion and sediment control).

   The provisions of this §  88.96 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial page (207051).

 (a)  At a minimum, facilities and measures for treating discharges from disturbed areas shall be designed, constructed and maintained to treat the runoff from a 10-year, 24-hour precipitation event and any groundwater contribution.

 (b)  Facilities and measures for treating any discharges shall be based on good engineering design and shall include automatic neutralization processes. The Department may approve a manual neutralization system if the Department finds that:

   (1)  Small and infrequent treatment is needed to meet effluent limitations.

   (2)  Timely and consistent treatment is ensured.

 (c)  The design, construction and maintenance of a treatment facility shall not relieve an operator of his responsibility to comply with effluent standards as provided in §  88.92 (relating to hydrologic balance: effluent standards).

 (a)  All surface drainage from the disturbed area—including areas which have been graded, seeded and planted—shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area. The Department may waive the required use of sedimentation ponds when the person who conducts surface mining activities demonstrates to the satisfaction of the Department that sediment ponds are not necessary to meet the effluent limitation under §  88.92 (relating to hydrologic balance: effluent standards).

 (b)  Sedimentation ponds shall be constructed before disturbing any area which will drain to the pond. The ponds shall be located as near as possible to the area to be disturbed and out of perennial and intermittent streams, unless approved by the Department. They shall be maintained until the disturbed area has been restored and the vegetation requirements have been met.

 (c)  The following apply to sedimentation ponds:

   (1)  Sediment ponds shall meet the requirements of Chapter 102 (relating to erosion and sediment control).

   (2)  Sedimentation ponds shall be structurally sound and, at a minimum, meet the requirements of §  88.102 (relating to hydrologic balance: dams, ponds, embankments and impoundments—design, construction and maintenance).

   The provisions of this §  88.98 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92568).

 Discharge from dams, ponds, embankments, impoundments and diversions shall be controlled by energy dissipators, riprap channels or other devices, where necessary, to reduce erosion, to prevent deepening or enlargement of streamchannels and to minimize disturbance of the hydrologic balance. Discharge structures shall be designed according to standard engineering-design procedures.

   The provisions of this §  88.99 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92568).

 (a)  Drainage from acid-forming and toxic-forming spoil into groundwater and surface water shall be avoided by:

   (1)  Identifying, burying and treating, where necessary, spoil which, in the judgment of the Department, may be detrimental to vegetation or may adversely affect water quality if not treated or buried.

   (2)  Preventing water from coming into contact with acid-forming and toxic-forming spoil in accordance with §  88.119 (relating to backfilling and grading: covering coal and acid-forming and toxic-forming materials) and other measures as required by the Department.

   (3)  Burying or otherwise treating all acid-forming or toxic-forming spoil as soon as practical after it is first exposed on the mine site. Storage shall be limited to the period until burial or treatment first becomes feasible. Acid-forming or toxic-forming spoil to be stored shall be protected from erosion and contact with surface water. Any discharge shall be collected and treated to conform to §  88.92 (relating to hydrologic balance: effluent standards).

   The provisions of this §  88.100 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 Permanent impoundments may be authorized by the Department, upon the basis of the following demonstration:

   (1)  The quality of the impounded water shall be suitable on a permanent basis for its intended use, and discharge of water from the impoundment will not degrade the quality of receiving waters to less than the water quality standards established under §  88.92 (relating to hydrologic balance: effluent standards).

   (2)  The level of water shall be sufficiently stable to support the intended use.

   (3)  Adequate safety and access to the impounded water shall be provided for proposed water users.

   (4)  Water impoundments will not result in the diminution of the quality or quantity of water used by adjacent or surrounding landowners for agricultural, industrial, recreational or domestic users.

   (5)  The design, construction and maintenance of structures shall achieve the minimum requirements of §  88.102 (relating to hydrologic balance: dams, ponds, embankments and impoundments—design, construction and maintenance).

   (6)  The size of the impoundment is adequate for its intended purposes.

   The provisions of this §  88.101 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (92569) to (92570).

 (a)  Dams, ponds, embankments and impoundments that meet the criteria of Chapter 105 (relating to dam safety and waterway management) shall be designed, constructed and maintained under Chapter 105.

 (b)  The design, construction and maintenance of dams, ponds, embankments and impoundments that are not of the class of subsection (a) shall achieve the minimum design criteria contained in United States Soil Conservation Service’s Pennsylvania Field Office Technical Guide, Section IV, Standards 350 ‘‘Sediment Basin’’ and 378, ‘‘Pond’’ as amended. In addition to the requirements in ‘‘Sediment Basin,’’ a minimum static safety factor of 1.3 is required.

   The provisions of this §  88.102 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 §  88.102 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; 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 page (199076).

 A dam and embankment constructed of coal processing waste or intended to impound coal processing waste, shall meet the requirement criteria established by Chapter 105 (relating to dam safety and waterway management) and the United States Soil Conservation Service’s Pennsylvania Field Office Technical Guide, Section IV, Standard 378, ‘‘Pond’’ as applicable.

   The provisions of this §  88.103 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial page (148772).

 Surface water or groundwater from surface mining activities may not be piped or channeled to underground mine workings.

 (a)  Groundwater levels, subsurface flow and the quality of groundwater shall be monitored in a manner approved by the Department to determine the effects of surface mining activities on the reclaimed lands and on the quantity and quality of water in groundwater systems in the permit and adjacent areas.

 (b)  When surface mining activities may affect the groundwater systems which serve as aquifers which ensure the hydrologic balance of water use on or off the permit area, groundwater levels and groundwater quality shall be monitored. Monitoring shall include measurements from a sufficient number of sources and chemical analyses of water from aquifers that are adequate to reflect changes in groundwater quality and quantity resulting from those activities. Monitoring shall be adequate to plan for modification of coal refuse disposal activities, if necessary, to prevent to the maximum extent possible, disturbance of the prevailing hydrologic balance. At a minimum, total dissolved solids or specific conductance corrected to 25°C, pH, acidity, alkalinity, total iron, total manganese, sulfates and water levels shall be monitored and reported to the Department at least every 3 months for each monitoring location.

 (c)  The Department may require the operator to conduct additional hydrologic tests, including but not limited to, drilling, infiltration tests, aquifer tests, chemical and mineralogic analyses of overburden and spoil to demonstrate compliance with this section.

 (d)  The Department may require the operator to conduct monitoring and reporting more frequently than every 3 months, and to monitor additional parameters beyond the minimum specified in this section.

   The provisions of this §  88.105 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 §  88.105 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (199077) to (199078).

 (a)  In addition to the monitoring and reporting requirements established by the Department under Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance), surface water shall be monitored to measure and record accurately the water quantity and quality of the discharges from the permit area and the effect of the discharge on the receiving waters. Surface water shall be monitored for parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in 88.49 (relating to protection of hydrologic balance). At a minimum, total dissolved solids or specific conductance corrected to 25°C, total suspended solids, pH, acidity, alkalinity, total iron, total manganese, sulfates and flow shall be monitored and reported to the Department every 3 months for each monitoring location.

 (b)  The Department may require the operator to conduct monitoring and reporting more frequently than every 3 months, and to monitor additional parameters beyond the minimum specified in this section.

   The provisions of this §  88.106 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 §  88.106 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial page (199078).

 (a)  Water supply replacement obligations. The operator of any mine or a person engaged in government-financed reclamation who affects a water supply by contamination, pollution, diminution or interruption shall restore or replace the affected water supply with an alternate source, adequate in water quality and water quantity for the purpose served by the water supply.

   (1)  To be adequate, the restored or replacement water supply, at a minimum, shall:

     (i)   Be as reliable as the previous water supply.

     (ii)   Be as permanent as the previous water supply.

     (iii)   Not require excessive maintenance.

     (iv)   Provide the owner and the user with as much control and accessibility as exercised over the previous water supply. The use of a public water supply as a replacement water supply provides the owner and the user adequate control and accessibility.

     (v)   Not result in more than a de minimis cost increase to operate and maintain.

   (2)  If the operating and maintenance costs of the restored or replacement water supply are more than a de minimis cost increase, the operator shall provide for the permanent payment of the increased operating and maintenance costs of the restored or replacement water supply.

   (3)  The requirement contained in this subsection to restore or replace an affected water supply or an individual requirement of paragraphs (1) and (2) may be waived. The waiver shall be in writing on a form prepared by the Department. Everyone who possesses an ownership interest in the water supply shall sign the waiver. The form shall be recorded at the office of the recorder of deeds in the county in which the water supply is situated and a notarized copy of the form provided to the Department.

 (b)  Presumption of liability for pollution.

   (1)  It shall be presumed, as a matter of law, that a surface mine operator or mine owner is responsible without proof of fault, negligence or causation for all pollution, except bacteriological contamination, and diminution of public or private water supplies within 1,000 linear feet (304.80 meters) of the boundaries of the areas bonded and affected by coal mining operations, areas of overburden removal and storage and support areas except for haul and access roads.

   (2)  If surface mining activities are conducted on areas which are not permitted or bonded, it shall be presumed, as a matter of law, that the surface mine operator or mine owner is responsible without proof of fault, negligence or causation for all pollution, except bacteriological contamination and diminution of public or private water supplies within 1,000 linear feet (304.80 meters) of the land affected by the surface mining activities.

 (c)  Defense to presumption of liability. There are only five defenses to the presumption of liability provided in subsection (b). For any of the five defenses to apply, a mine operator or mine owner shall affirmatively prove by a preponderance of evidence that one or more of the following conditions exists:

   (1)  The landowner or water supply company refused to allow the surface mine operator or mine owner access to conduct a water supply survey prior to commencing surface mining activities.

   (2)  The water supply is not within 1,000 linear feet (304.80 meters) of:

     (i)   The boundaries of areas bonded and affected by coal mining operations, areas of overburden removal and storage and areas used for support but not including haul and access roads.

     (ii)   The boundaries of areas affected by surface mining activities in areas which are not bonded.

   (3)  The pollution or diminution existed prior to the surface mining activities as evidenced by a water supply survey conducted prior to commencing surface mining activities and as documented in the approved surface mine permit application submitted to the Department prior to permit issuance.

   (4)  The pollution or diminution occurred as a result of some cause other than the surface mining activities.

   (5)  The landowner, water supply user or water supply company refused to allow the surface mine operator or mine owner access to determine the cause of pollution or diminution or to replace or restore the water supply.

 (d)  Notification to the Department. The surface mine operator or mine owner shall notify the Department and provide all information which supports a defense to the presumption of liability when one or more of the five defenses to the presumption of liability provided in subsection (c) are met. If a surface mine operator’s or mine owner’s defense to the presumption of liability is based on the conditions of subsection (c)(1), the operator or owner shall submit evidence to the Department demonstrating that the landowner or water supply company was notified by certified mail or personal service that the refusal of access to conduct a water supply survey could be used to rebut a presumption of liability.

 (e)  Immediate replacement of water supply. If the Department finds that immediate replacement of an affected water supply used for potable or domestic purposes is required to protect public health or safety and the surface mine operator or mine owner has failed to comply with an order issued under section 4.2(f) of SMCRA (52 P. S. §  1396.5b(f)), the Department may use moneys from the Surface Mining Conservation and Reclamation Fund to restore or replace the affected water supply.

 (f)  Department cost of recovery. The Department will cover the costs of restoration or replacement, the costs of temporary water supply and costs incurred for design and construction of facilities from the responsible surface mine operator or mine owner. Costs recovered will be deposited in the Surface Mining Conservation and Reclamation Fund.

 (g)  Operator cost recovery. A surface mine operator or mine owner who appeals a Department order, provides a successful defense during the appeal to the presumptions of liability and is not otherwise held responsible for the pollution or diminution is entitled to recovery of reasonable costs incurred, including, but not limited to, the costs of temporary water supply, design, construction, restoration or replacement costs, attorney fees and expert witness fees from the Department.

 (h)  Other remedies. Nothing in this section prevents a landowner, water supply user or water supply company who claims pollution or diminution of a water supply from pursuing any other remedy that may be provided for in law or in equity.

 (i)  Issuance of new permits. A Department order issued under this section which is appealed, will not be used to block issuance of new permits or the release of bonds when a stage of reclamation work is completed.

 (j)  Departmental authority. Nothing in this section limits the Department’s authority under section 4.2(f)(1) of SMCRA.

 (k)  Exception. A surface mining operation conducted under a surface mining permit issued by the Department before February 16, 1993, is not subject to subsections (b)—(i) but is subject to subsections (a) and (j).

   The provisions of this §  88.107 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2215. Immediately preceding text appears at serial pages (207057) to (207058).

 At the completion of surface mining activities, the person who conducts the surface mining activities shall renovate as required by the Department all permanent sedimentation ponds, diversions, impoundments and treatment facilities to meet criteria specified in the detailed design plan for the permanent structures and impoundments.

   The provisions of this §  88.108 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92573).

 (a)  Spoil not required to backfill and reclaim within the area where overburden has been removed shall be hauled or conveyed to and placed in designated disposal areas approved by the Department. The spoil shall be placed in a controlled manner to ensure:

   (1)  That the land mass designated as the disposal area is suitable for reclamation and revegetation compatible with the natural surroundings.

   (2)  Stability of the disposal area.

   (3)  That leachate and surface runoff from the disposal area will not degrade surface waters or groundwaters or exceed the established effluent limitations.

 (b)  The disposal area shall be designed using recognized professional standards and approved by the Department. The design shall be certified by a registered professional engineer.

 (c)  All vegetative and organic materials shall be removed from the disposal area concurrent with the placement of spoil.

 (d)  Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion ditches that are not riprapped, shall be vegetated upon completion of construction.

 (e)  The spoil to be placed in fill shall be hauled or conveyed and placed in a controlled manner and concurrently compacted as necessary to ensure mass stability and prevent mass movement, covered and graded to allow surface and subsurface drainage to be compatible with the natural surroundings and ensure a long-term static safety factor of 1.5.

 (f)  The final configuration of the disposal must be suitable for the proposed postmining land uses.

 (g)  Terraces may be utilized to control erosion and enhance stability if approved by the Department.

 (h)  If the disposal area contains springs, natural or manmade water courses, or wet-weather seeps, an underdrain system consisting of durable rock shall be constructed from the wet areas in a manner that prevents infiltration of the water into the spoil material. The underdrain system shall be protected by an adequate filter and ensure continued free drainage.

 (i)  Excess spoil may be returned to underground mine workings, but only in accordance with a disposal program approved by the Department and MSHA.

   The provisions of this §  88.110 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (92573) to (92574).

 (a)  The applicant shall demonstrate that the overburden or excess spoil placed in abandoned strip mines can be graded to AOCs or an approved alternate design plan, which will conform to adjacent topography and be free of any polluting hazards.

 (b)  Spoil will be disposed of in such a manner that the pit, as it is being backfilled, is free of voids and depressions.

 (c)  Spoil disposed of in water-filled surface mines shall meet the applicable requirements of Subchapter D (relating to anthracite refuse disposal: minimum environmental protection performance standards).

   The provisions of this §  88.111 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 No surface coal mining activities may be conducted in close proximity to any point of an active underground mine, to the extent that the surface mining activities could be declared a nuisance and danger to the health, safety and welfare of persons within an active underground mine. All surface mining activities shall be conducted with and in compliance with the Pennsylvania Anthracite Coal Mine Act (52 P. S. § §  70-101—70-145).

 Air pollution control measures shall be planned and employed as an integral part of the surface mining activities and shall meet the following requirements:

   (1)  If processing facilities are to be used at the mining site, the facilities shall meet the requirements of Chapters 123 and 127 (relating to standards for contaminants; and construction, modification, reactivation and operation of sources).

   (2)  Fugitive dust control measures shall demonstrate compliance with Chapters 121, 123, 127 and 129.

   The provisions of this §  88.114 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Disturbed areas shall be returned to their approximate original contour except as specifically exempted in§  88.116 (relating to backfilling and grading: reaffecting previously mined lands).

 (b)  Backfilled material shall be placed to minimize adverse effects on groundwater, minimize offsite effects, and to support the approved postmining land use.

 (c)  Timing of backfilling and grading may not exceed the following:

   (1)  If the method of mining is contour mining or modified block-cut mining, rough backfilling and grading shall follow coal removal by not more than 60 days or no more than 1,500 linear feet may be opened at any time. The Department may grant additional time for rough backfilling and grading if the operator can demonstrate, through a detailed analysis, that additional time is necessary.

   (2)  If the method of mining is open pit mining, rough backfilling and grading shall occur in accordance with the time schedule approved by the Department, which shall specifically establish in stated increments the period between removal of coal and completion of backfilling and grading.

 (d)  Backfilling equipment needed to complete the restoration may not be removed from the operation until backfilling and leveling has been completed and approved in writing by the Department. However, upon written request by the operator to the Department specifying the need to remove backfilling equipment for protection of backfilling equipment from weather conditions, for required maintenance or for protection from vandalism during strikes, the Department may approve, in writing, the temporary removal if inspection of the site demonstrates that the operation is in compliance with the rules of the EQB and the statutes of the Commonwealth relating to environmental protection and the request for temporary removal is justified for the reasons specified by the operator. Temporarily-removed backfilling equipment shall be returned to the site promptly upon the Department’s direction. Backfilling equipment shall be operable, in use and capable of meeting the requirements of the reclamation plan throughout the life of the mining operation.

   The provisions of this §  88.115 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075. Immediately preceding text appears at serial pages (148776) to (148777).

 Where the surface mining activities are reaffecting previously mined lands that have not been restored to approximate original contour, the Department may approve, in writing, terracing or other alternatives to contouring if the operator demonstrates the following:

   (1)  The area proposed to be affected cannot be reclaimed to approximate original contour.

   (2)  Reaffecting the area is likely to produce an environmental benefit.

   (3)  Overburden and spoil is retained on the solid portion of existing or new benches.

   (4)  The highwall, including, but not limited to, bottom rock exposed or affected by the operator in surface mining of steeply inclined coal seams, is eliminated.

   (5)  In eliminating the highwall including, but not limited to, bottom rock exposed or affected in surface mining by the operator of steeply inclined coal seams, the area is backfilled and graded to the most moderate slope possible. The final slopes may not exceed either the angle of repose or 35 degrees, whichever is the lesser.

   (6)  The final slopes are consistent with the approved postmining land use.

   The provisions of this §  88.116 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075. Immediately preceding text appears at serial pages (148777) to (148778).

 The Department may grant a variance to contouring or terracing where the land is proposed to be made suitable after mining and reclamation for planned or designated industrial, commercial, agricultural, residential, recreational or public use provided the other applicable requirements of this chapter are met.

   The provisions of this §  88.117 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92577).

 (a)  The final graded slopes shall approximate premining slopes, or slopes approved by the Department based on consideration of soil, rock formation, climate or other characteristics of the surrounding area.

 (b)  Postmining final graded slopes need not be uniform but shall approximate the general nature of the premining topography.

 (c)  Cut and fill terraces may be allowed on approval by the Department to conserve soil moisture, ensure stability and control erosion on final graded slopes, if the terraces are compatible with the approved postmining land use and are substitutes for construction of lower grades on the reclaimed lands.

 (d)  Small depressions may be constructed, if they:

   (1)  Are approved by the Department to minimize erosion, conserve soil moisture or promote vegetation.

   (2)  Do not restrict normal access.

   (3)  Are not inappropriate substitutes for lower grades on the reclaimed lands.

 (e)  All surface mining activities on slopes above 20°, or on lesser slopes that the Department defines as steep slopes, shall meet the appropriate provisions.

 (f)  All final grading, preparation of overburden before replacement of soil or suitable vegetation support material shall be conducted in a manner which minimizes erosion and provides a surface for replacement of soil which will minimize slippage.

   The provisions of this §  88.118 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (207062) to (207063).

 (a)  Unless otherwise approved by the Department, exposed coal seams, acid-forming material, toxic-forming materials and combustible materials, other than coal refuse, shall be handled in the following manner:

   (1)  The material shall be buried above the groundwater table and shall be placed at a minimum of 5 feet above the coal seam.

   (2)  If necessary, these materials shall be treated to neutralize toxicity, in order to prevent water pollution and combustion and minimize adverse effects on plant growth and land uses.

   (3)  Where necessary to protect against upward migration of salts, exposure by erosion, formation of acid or toxic seeps, to provide an adequate depth for plant growth or otherwise to meet local conditions, the Department will specify amounts of cover using nontoxic material, or special compaction and isolation from groundwater contact.

   (4)  Acid-forming or toxic-forming material may not be buried or stored in proximity to a drainage course so as to cause or pose a threat of water pollution.

 (b)  Backfilled materials shall be selectively hauled or conveyed, and compacted, wherever necessary to prevent leaching of acid-forming and toxic-forming materials into surface waters or groundwaters and wherever necessary to insure stability to the backfilled materials. The method and design specifications of compacting material shall be approved by the Department before acid-forming or toxic-forming materials are covered.

   The provisions of this §  88.119 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92579).

 When rills and gullies deeper than 9 inches form in areas that have been backfilled, graded and vegetated, the rills and gullies shall be refilled, graded or otherwise stabilized and the area reseeded or replanted.

   The provisions of this §  88.120 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Vegetation shall be established on all land affected by surface mining activities.

 (b)  Revegetation shall provide for a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of 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; except that introduced species may be used in the revegetation process when desirable and necessary to achieve the approved postmining land use plan. For areas previously disturbed by surface mining activities that were not reclaimed to the standards of SMCRA and this chapter, and are proposed to be reaffected or redisturbed, the Department may approve a vegetative cover which, at a minimum, may not be less than the vegetative cover existing before redisturbance and shall be adequate to control erosion and achieve the approved postmining land use.

 (c)  Revegetation shall provide a quick, fast-growing vegetative cover capable of stabilizing the soil surface from erosion.

 (d)  Revegetation shall be completed in accordance with the reclamation plan of the permit application as approved by the Department.

 (e)  Revegetation shall be consistent with the approved postmining land use and specified in the permit application.

   The provisions of this §  88.121 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2215. Immediately preceding text appears at serial pages (207064) to (207065).

 (a)  Revegetation of disturbed areas shall be performed no later than the first normal period for favorable planting conditions after soil replacement and final grading of the soil surface for seeding and planting.

 (b)  Revegetation of disturbed areas shall be coordinated with the soil replacement so that a minimum amount of time exists between the time soil is replaced and revegetation is completed.

 (c)  The periods for favorable planting of permanent herbaceous species are as follows:

   (1)  The spring planting season shall begin as early as soil conditions permit and shall terminate no later than May 30.

   (2)  The late summer planting season shall begin August 10 and shall terminate no later than September 15.

 (d)  The period for favorable planting of permanent woody species shall begin as early as soil conditions permit and shall terminate no later than May 20.

 (e)  When necessary to control erosion, revegetation shall be required immediately following backfilling and final grading regardless of periods for favorable planting. Revegetation of a temporary cover of small grains, grasses or legumes shall be required until a permanent cover is established. Revegetation under these circumstances shall be accomplished without regard to specified periods for favorable planting.

   The provisions of this §  88.122 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92581).

 The use of introduced species in the revegetation process may be approved by the Department under the following conditions:

   (1)  The species have been proven acceptable through field trials to be capable of providing permanent vegetation and are desirable and necessary to achieve the approved postmining land use.

   (2)  The species are necessary to achieve a quick, temporary and stabilizing cover that aids in controlling erosion.

   (3)  The species are compatible with the plant and animal species of the region.

   (4)  The species meet the requirements of applicable State and Federal seed or introduced species statutes and are not poisonous or noxious.

   The provisions of this §  88.123 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Legume seed shall be inoculated or treated with the specific inoculant for that seed and the seed shall be seeded within 24 hours after treatment.

 (b)  Legume seed of birdsfoot trefoil and crownvetch shall contain at least 25% hard seed. All other legume species shall contain the highest possible percentage of hard seed.

 (c)  The species and rate of application of each species used in a seed mixture shall be indicated in the revegetation plan of the permit application.

 (d)  A schedule for revegetation of species shall be indicated with the information requested in the revegetation plan, and the schedule shall indicate the seed mixture and the time or season of the year when the seed mixture will be used.

   The provisions of this §  88.124 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  A single tree or shrub species may not comprise more than 50% of the total number of seedlings planted.

 (b)  When the approved postmining land use is wildlife habitat, unless alternate plans are approved or required by the Department, a minimum of 75% of the land affected shall be planted with a mixture of woody plant species. Woody plants shall include deciduous and coniferous tree species and shrub species which provide a diverse plant community.

   The provisions of this §  88.125 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (92582) and (95889).

 (a)  The soil surface shall be prepared by disking or harrowing, unless soil conditions or steep slopes prohibit this practice.

 (b)  When disking or harrowing is not possible, the soil surface shall be scarified by any mechanical method which will loosen the surface material. Scarification will not be required if seeding is done immediately following final grading when the soil is still loose.

   The provisions of this §  88.126 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Mulch shall be applied to all regraded affected land, except permitted by the Department may waive the requirements for mulch under the following conditions:

   (1)  When seeding can be accomplished using a conventional agricultural farm drill.

   (2)  When the approved postmining land use is for agricultural row crops.

   (3)  When annual grasses or small grains will be seeded immediately following final grading resulting in a quick vegetative cover which will provide adequate soil erosion control.

   (4)  When the permittee can demonstrate that alternative procedures will achieve the standards for revegetation success.

 (b)  Mulches shall be mechanically or chemically anchored to the soil surface.

   The provisions of this §  88.127 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (95889) to (95890).

 The permittee shall assume responsibility for successful revegetation for a minimum of 5 full consecutive years after initial planting and the standard for success has been met for 2 consecutive years.

   The provisions of this §  88.128 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  The standards for successful revegetation shall be determined by ground cover, unless the approved postmining land use is cropland, in which case the standards shall be based upon crop productivity or yield. The standards for successful revegetation of pastureland shall be determined by ground cover.

 (b)  The approved standard shall be a minimum of 70% ground cover of permanent plant species with not more than 1.0% of the area having less than 30% ground cover of permanent plant species. When woody species are planted in mixture with herbaceous species, the above standards shall be met and 400 woody plants per acre shall be established except:

   (1)  On slopes greater than 20 degrees, the minimum number of woody plants shall be 600 per acre.

   (2)  When the approved postmining land use is commercial forest land, the minimum number of woody plants shall be 450 living commercial trees per acre.

   (3)  When the approved postmining land use is wildlife habitat, the requirements of §  88.125(b) (relating to revegetation: tree and shrub species and seedling standards) shall apply and the areas approved for planting of woody species shall have a minimum of 400 woody plants per acre.

 (c)  For purposes of measuring the stocking standards for woody species, the following apply:

   (1)  Root crown or root sprouts over 1 foot in height shall count as one toward meeting the stocking requirements. Where multiple stems occur, only the tallest stem shall be counted.

   (2)  A tree or shrub shall count as one toward meeting the stocking requirements if the tree or shrub has been in place at least two growing seasons and is alive and healthy with at least 1/3 of its length in live crown.

 (d)  For purposes of this section, herbaceous species means grasses, legumes and nonleguminous forbs; woody plants means woody shrubs, trees and vines; and ground cover means the area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally on site, expressed as a percentage of the total area of measurement.

 (e)  When the approved postmining land use is cropland, the approved standard shall be the average yields per acre for the crop and soil type as specified in the Soil Surveys of the United States Department of Agriculture Soil Conservation Service. The productivity or yield of the mined area shall be equal to or greater than the approved standard for the last two consecutive growing seasons of the extended period of responsibility established in §  86.151 (relating to period of liability). Productivity or yield shall be considered equal if production or yield is at least 90% of the approved standard.

 (f)  Standards for determining success of restoration on prime farmlands soils shall be based upon the soil surveys and soil interpretations and the latest yield data available from the United States Department of Agriculture Soil Conservation Service.

   (1)  If crops are grown, standards for determining success of restoration shall be based on crop yields. The current estimated yields under equivalent levels of management for each soil map unit and for each crop shall be used by the Department as the predetermined target level for determining success of revegetation. The target yields may be adjusted by the Department in consultation with the United States Secretary of Agriculture before approval of the permit application. The crop productivity or yield of the mined area shall be compared to the predetermined target level. As a minimum, the following standards shall be met:

     (i)   Average annual crop production shall be determined based upon a minimum of 3 years’ data. Crop production shall be measured for the 3 years immediately prior to release of bonding according to Chapter 86 Subchapter F (relating to bonding and insurance requirements).

     (ii)   Adjustments for weather-induced variability in the annual crop production may be permitted by the Department.

     (iii)   Restoration of prime farmland shall be considered a success when the adjusted 3-year average annual crop production is equivalent to, or higher than, the predetermined target level of crop production.

   (2)  If crops are not grown, standards for determining success of restoration shall be based on a soil survey, in addition to meeting the standards of subsection (b). The permittee shall demonstrate to the Department that the prime farmland soil has been restored to a capability of equivalent or higher levels of yield as nonmined prime farmland of the same soil type in the surrounding area. The demonstration shall include erodibility, moisture holding capacity, permeability, depth, texture, pH and other analysis deemed relevant by the Department for determining quality of the restored soils as prime farmland.

 (g)  In all cases, soil productivity for prime farmlands shall be returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed under §  88.32 (relating to prime farmland investigation).

   The provisions of this §  88.129 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13. Immediately preceding text appears at serial pages (92584) to (92585).

 (a)  The techniques proposed to be used by the surface mine permittee shall be specified on the revegetation plan.

 (b)  The permittee shall conduct periodic measurements of vegetation to identify conditions during the applicable periods of responsibilities specified. The permittee shall report the findings of these measurements to the Department.

   The provisions of this §  88.130 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (95892) to (95893).

 (a)  Operations that are temporarily ceased but are to be resumed under the permit, shall be effectively secured. Temporary abandonment, including such factors as equipment removal from the site for reasons of security or maintenance, does not relieve the operator of the obligations to comply with any provision of the permit. Temporary cessation of an operation may not exceed 90 days unless approved by the Department.

 (b)  As soon as it is known that the operation will temporarily cease for more than 30 days, the operator shall submit a notice of intention to temporarily cease the operation. The notice shall include a statement of the exact number of acres which will have been affected in the permit area, the extent and kind of reclamation of those areas, and identification of the backfilling, regrading, revegetation, monitoring and water treatment activities that will continue during the temporary cessation.

   The provisions of this §  88.131 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 Operations that are permanently ceased shall be backfilled or closed or otherwise permanently reclaimed in accordance with this chapter and the permit. All underground openings, equipment, structures or other facilities not required for monitoring, unless approved by the Department as suitable for the postmining land use, shall be removed and the affected land reclaimed.

   The provisions of this §  88.132 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  All affected areas shall be restored in a timely manner to conditions that are capable of supporting the uses which they were capable of supporting before mining, or to higher or better uses achievable under criteria and procedures of this section and prior to the release of land from the permit area in accordance with Chapter 86, Subchapter F (relating to bonding and insurance requirements).

 (b)  The premining use of land to which the postmining land use is compared shall be determined by the following:

   (1)  The postmining land use for land that has not been previously mined and has been properly managed shall be judged on the basis of uses which the land previously supported.

   (2)  The postmining land use for land that has been previously mined and not reclaimed shall be judged on the basis of the condition prior to mining or to a higher or better use that can be achieved and is compatible with surrounding areas.

 (c)  Alternative land uses will be approved by the Department after consultation with the landowner or the land management agency having jurisdiction over the lands and after determining the following criteria have been met:

   (1)  The proposed postmining land use is compatible with adjacent land use and applicable land use policies, plans and programs and Federal, State and local law. A written statement of the views of the authorities with statutory responsibilities for land use policies and plans is submitted to the Department before surface mining activities begin. Any required approval, including any necessary zoning or other changes required for land use by local, State or Federal land management agencies, is obtained and remains valid throughout the surface mining activities.

   (2)  The owner of the surface requests in a notarized written statement that the alternative land use be approved.

   (3)  The proposed postmining land use is reasonably likely to be achieved which may be demonstrated by one or more of the following or other similar criteria:

     (i)   Provision of any necessary public facilities is ensured as evidenced by letters of commitment from parties other than the person who conducts surface mining activities, as appropriate, to provide the public facilities in a manner compatible with the plans submitted under Subchapter A (relating to general provisions). The letters shall be submitted to the Department before surface mining activities begin.

     (ii)   Specific plans are prepared and submitted to the Department which show the feasibility of the postmining land use as related to projected land use trends and markets. The plan shall include a schedule showing how the proposed use will be developed and achieved within a reasonable time after mining and how the development will be sustained. The Department may require appropriate demonstrations to show that the planned procedures are feasible, reasonable and integrated with mining and reclamation, and that the plans shall result in successful reclamation.

   (4)  The proposed use will neither pose an actual or potential threat to public health or safety or of water diminution, interruption, contamination or pollution.

   (5)  The use will not involve unreasonable delays in reclamation or implementation.

   (6)  Necessary approval of measures to prevent or mitigate adverse effects on fish, wildlife and related environmental values and threatened or endangered plants is obtained from the Department and appropriate State and Federal fish and wildlife management agencies have been provided a 30-day period in which to review the plan before surface mining activities begin.

   The provisions of this §  88.133 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (207072) to (207074).

 (a)  Each person who conducts surface mining activities shall comply with this chapter and all applicable State and Federal laws in the storage, handling and use of explosives.

 (b)  Blasts that use more than 5 pounds of explosive or blasting agents shall be conducted according to the schedule required by the operation plan of this subchapter.

 (c)  All blasting operations shall be conducted by or under the supervision of a competent blaster licensed and operating in compliance with Chapter 210 (relating to blasters’ licenses).

 (d)  All blasting operations shall be conducted in compliance with Chapters 209 and 211 (relating to coal mines; and storage, handling and use of explosives).

 (e)  Each person who conducts blasting operations, in connection with surface mining activities, within 500 feet of any active underground mine shall do so in a manner that protects the health and safety of persons working underground, and that prevents any adverse impact upon an active, inactive or abandoned underground mine.

   The provisions of this §  88.134 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13. Immediately preceding text appears at serial pages (92588) to (92589).

 (a)  Blasting shall be conducted between sunrise and sunset, except that mine opening blasting conducted after the second blast for that mine opening may be conducted at any time of day or night as necessary to maintain stability of the mine opening to protect the health and safety of mine workers. For mine opening blasting conducted after the second blast, for that mine opening, the Department may approve ground vibration and airblast limits at a dwelling, public building, school, church or commercial or institutional structure, that are less stringent than those specified in subsection (h) if consented to, in writing, by the structure owner and lessee, if leased to another party.

 (b)  The Department may specify more restrictive time periods, airblast or ground vibration limits, based on public requests or other relevant information, according to the need to adequately protect the public from the adverse affects of ground vibration, airblast or safety hazards.

 (c)  Warning and all-clear signals shall be different in pattern, audible within a range of 1/2 mile from the point of the blast, sounded before and after each blast. Each person within the permit area shall be notified of the meaning of the signals through appropriate instructions. These instructions shall be periodically delivered or otherwise communicated in a manner which can be reasonably expected to inform the persons of the meaning of the signals. Each person who conducts blasting incident to surface mining activities shall:

   (1)  Give sufficient warning when a blast is about to be fired, so that a person approaching within 500 feet of the blast area may be warned of the danger and be given ample time to retreat a safe distance from the blast area.

   (2)  Erect signs at least 500 feet from the blast areas reading: ‘‘BLAST AREA—SHUT OFF ALL TWO-WAY RADIOS’’ when electric blasting operations are located near highways or other public ways. The letters of these signs shall be not less than four inches in height on a contrasting background.

   (3)  Place at all entrances to the permit area from public roads or highways conspicuous signs which state ‘‘WARNING! EXPLOSIVES IN USE,’’ which clearly explain the blast warning and all clear signals that are in use and which explain the marking of blasting areas and charged holes within the permit area.

 (d)  Access to an area possibly subject to flyrock from blasting shall be controlled to protect the public and livestock. Access to the area shall be controlled to prevent the presence of livestock or unauthorized personnel during blasting and until an authorized representative of the person who conducts the surface mining activities has reasonably determined:

   (1)  That no unusual circumstances, such as imminent slides or undetonated charges, exist.

   (2)  That access to and travel in or through the area can be safety resumed.

 (e)  In all blasting operations, a scaled distance of 50 or numerically greater may be used to determine the maximum charge weight per delay interval of 8 milliseconds or greater without the use of seismic instrumentation.

 (f)  Blasting operations must meet the following requirements:

   (1)  Public highways and entrances to the operation shall be barricaded and guarded by the operator if the highways and entrances to the operations are located within 800 feet of a point where a blast is about to be fired. The operator may use an alternative measure to this requirement if the operator demonstrates, to the Department’s satisfaction, that the alternative measure is at least as effective at protecting persons and property from the adverse affects of a blast. Alternative measures are measures such as:

     (i)   Slowing or stopping traffic in coordination with appropriate State or local authorities, including local police.

     (ii)   Using mats to suppress fly rock.

     (iii)   Designing the blast to prevent damage or injury to persons and property located on the public highways or at the operation’s entrances by using design elements such as:

       (A)   Orienting the blast so that the direction of relief is away from public highways or operation entrances.

       (B)   Adjusting blast design parameters including:

         (I)   The diameter of holes.

         (II)   The number of rows.

         (III)   The number of holes.

         (IV)   The amount and type of explosive.

         (V)   The burden and spacing.

         (VI)   The amount and type of stemming.

         (VII)   The powder factor.

   (2)  When a blast is about to be fired within 200 feet of a pipeline, the operator shall exercise necessary caution for the protection of the pipeline. The operator shall notify the owner of the line of his intention to blast, giving a description of the precautionary measures that will be taken under §  211.62 (relating to blasting in the vicinity of utility lines).

   (3)  No blasting may be done within the confines of an area of 300 feet of a public building or occupied dwelling unless prior written consent of the property owner has been obtained.

   (4)  Flyrock, including blasted material traveling along the ground, may not be cast from the blasting vicinity more than 1/2 the distance to the nearest dwelling or other occupied structure and in no case beyond the line of property owned or leased by the permittee, or beyond the area of regulated access required under subsection (d).

   (5)  Notwithstanding other regulations, no blasting, whether of overburden or of coal, may be done or performed in a manner and under such circumstances or conditions that eject debris into the air, as to constitute a hazard or danger or do harm or damage to persons or property in the area of the blasting.

 (g)  Blasting shall be conducted in a manner to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, or availability of groundwaters or surface waters and shall be prohibited in all cases where the effect of the blasting is liable to change the course or channel of any strea

 (h)  In all blasting operations, the blasts shall be designed and conducted in a manner that achieves either a scaled distance of 90 or meets the maximum allowable peak particle velocity as indicated by Figure 1 at the location of any dwelling, public building, school, church or commercial or institutional building. Peak particle velocities shall be recorded in three mutually perpendicular directions—longitudinal, transverse and vertical. The maximum peak particle velocity shall be the largest of any of three measurements. The Department may reduce the maximum peak particle velocity allowed, if it determines that a lower standard is required because of density of population or land use, age or type of structure, geology or hydrology of the area, frequency of blasts or other factors. The airblast level may not exceed 133 dBL.

 (i)  The maximum peak particle velocity and airblast limitations of this section do not apply at the following locations:

   (1)  At structures owned by the person conducting the mining activity, and not leased to another party.

   (2)  At structures owned by the person conducting the mining activity, and leased to another party, if a written waiver by the lessee is submitted to the Department prior to the blasting.

 (j)  Where seismographs are not used to monitor peak velocity, the maximum weight of explosives to be detonated within any 8 millisecond period may be determined by formula W = (D/50²) where W = the maximum weight of explosives, in pounds, that can be detonated in any 8 millisecond period, or greater and D = the distance, in feet, from the blast to the nearest dwelling, school, church or commercial institutional building.

 (k)  Where a seismograph is used to monitor the peak particle velocity a seismograph record shall be obtained for each blast.

 (l)  The Department may require a seismograph record of any blasts and may specify the location at which the measurements are taken.

   The provisions of this §  88.135 amended under section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P. S. §  1396.4b); section 11 of the Noncoal Surface Mining Conservaton and Reclamation Act (52 P. S. §  3311); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § §  510-17 and 510-20).

   The provisions of this §  88.135 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4355. Immediately preceding text appears at serial pages (281206) and (244185) to (244186).

 (a)  When a surface mine is operating within 500 feet of an active deep mine, the surface mine operators shall notify the surface mine inspector in advance of his intention to blast. The surface mine inspector shall, in turn, notify the deep mine inspector and together they shall instruct both the surface mine operator and the deep mine operator as to procedure.

 (b)  Prior to blasting, the surface mine operator shall give sufficient advance notice to the deep mine operator, superintendent or mine foreman of his intention to blast.

 (c)  The deep mine operator, superintendent or mine foreman shall remove all workmen from the mine. The surface mine operator shall ascertain that all workmen have been removed from the mine before preparations for blasting may begin.

 (d)  When there is a known or suspected connection between the deep mine and the surface mine, the operator, superintendent or mine foreman of the deep mine shall, after the blast, make or cause to be made sufficient tests to insure the absence of carbon monoxide or other harmful gases before allowing workmen to reenter the mine.

 (e)  The deep mine operator, superintendent or mine foreman shall make or cause to be made sufficient examinations of the deep mine to determine whether any other danger exists before allowing workmen to reenter the mine, just as other preshift examinations are made.

   The provisions of this §  88.136 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13. Immediately preceding text appears at serial pages (92592) to (92593).

 A record of each blast shall be retained for at least 3 years and shall be available for inspection by the Department and the public on request. Seismographic reports, if applicable, must be made a part of that record. The record must contain the following data:

   (1)  The name of the operator conducting the blast.

   (2)  The location, date and time of blast.

   (3)  The name, signature and license number of blaster-in-charge.

   (4)  The identification of and the direction and distance, in feet, to the nearest dwelling, school, church or commercial or institutional building if it is one of the following:

     (i)   Not located in the permit area.

     (ii)   Not owned nor leased by the person who conducts the surface mining activities.

   (5)  Weather conditions, including temperatures, wind direction and approximate velocity.

   (6)  The type of material blasted.

   (7)  The number of holes, burdens and spacing.

   (8)  The diameter and depth of holes.

   (9)  The types of explosives used.

   (10)  The scaled distance.

   (11)  The total weight of explosives used.

   (12)  The maximum weight of explosives detonated per delay interval.

   (13)  The maximum number of holes detonated per delay interval.

   (14)  The initiation system.

   (15)  The type and length of stemming.

   (16)  The mats or other protections used.

   (17)  The type of delay detonator and delay periods used.

   (18)  The arrangement of the delay pattern.

   (19)  The seismograph records, when required, including the calibration signal of the gain setting and the following:

     (i)   A seismograph reading, including exact location of seismograph and its distance from the blast.

     (ii)   The name of the person taking the seismograph reading.

     (iii)   The name of the person and firm analyzing the seismographic record.

   The provisions of this §  88.137 amended under section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P. S. §  1396.4b); section 11 of the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §  3311); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § §  510-17 and 510-20).

   The provisions of this §  88.137 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4355. Immediately preceding text appears at serial pages (288893) to (288894).

 (a)  Haul roads and access roads shall be designed, constructed and maintained to control or prevent erosion and contributions of sediment to streams or runoff outside the affected area; air and water pollution; damage to fish and wildlife or their habitat; flooding; and damage to public or private property. Upon completion of the associated surface mining activities, the area disturbed by the road shall be restored in accordance with §  88.144 (relating to haul roads and access roads: restoration) unless retention of the road is approved as part of the postmining land use.

 (b)  The haul road may not be located in or within 100 feet (30.48 meters) of a perennial or intermittent stream except in accordance with §  86.102 (relating to areas where mining is prohibited or limited). Any crossing of a perennial or intermittent stream shall be made using bridges, culverts or similar structures. Bridges, culverts or other encroachment or water obstruction shall meet the requirements of Chapter 105 (relating to dam safety and waterway management).

 (c)  Each road shall have a drainage system that is compatible with the natural drainage system, structurally stable and which will pass safely the peak flow from a 10-year precipitation event or larger event if required by the Department. The drainage system shall include sloped or crowned road surfaces, cross drains or culverts, stabilized ditches, erosion resistant surfacing, sediment traps and other appropriate sediment control measures as required by §  88.96 (relating to hydrologic balance: sediment control measures).

 (d)  Roads shall be constructed on stable areas that avoid wet or unstable soils.

 (e)  Prior to the construction of the road, all topsoil shall be removed, stored on a stable site and protected against erosion and compaction until restoration of the haul road.

 (f)  Any disturbed area adjacent to the road shall be vegetated or otherwise stabilized to prevent erosion.

 (g)  Acid-forming or toxic-forming material may not be used for surfacing or construction of a road except where the road is within the confines of a road refuse disposal or reprocessing area and the effluent meets the requirements of §  88.92 (relating to hydrologic balance: effluent standards).

   The provisions of this §  88.138 amended under section 4.2(a) of the Surface Mining Conservation and Reclamation Act (52 P. S. §  1396.4b(a)); section 3.2 of the Coal Refuse Disposal Control Act (52 P. S. §  30.53b); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  88.138 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227; amended May 31, 2002, effective June 1, 2002, 32 Pa.B. 2686. Immediately preceding text appears at serial pages (244188) to (244189).

 Unless the Department approves retention of a road as suitable for the approved postmining land use in accordance with §  88.133 (relating to postmining land use), as soon as practicable after the road is no longer needed for the associated surface mining activities:

   (1)  The road shall be physically closed to vehicular traffic.

   (2)  The road and adjacent slopes shall be regraded to blend with the natural contours and drainage pattern.

   (3)  All bridges and culverts shall be removed.

   (4)  Cross drains, dikes and water bars shall be constructed to minimize erosion.

   (5)  All disturbed areas shall be revegetated in accordance with §  88.122 (relating to revegetation: timing).

   (6)  All excess material and debris shall be disposed of in a manner approved by the Department.

   The provisions of this §  88.144 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (207080) to (207081).

 (a)  Operators using common use roads to service their permit areas shall be responsible for maintaining the roads in a stable and safe condition throughout the life of the permit.

 (b)  Common use roads may not require bonding or restoration by the operator, however, the bond on the permit area shall not be released until the haul road is left in a condition equal to the condition of the road before operations began.

   The provisions of this §  88.150 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (95904) and (92599).

   This section cited in 25 Pa. Code §  88.381 (relating to general requirements).