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

 (a)  A person who conducts bank removal activities shall identify the operation for the duration of the bank removal activities by posting and maintaining a sign which will be clearly visible at the junction of each activity used haul road and public road. The sign shall be constructed of the 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 1/2 inches that can be easily seen and read. The sign shall show the name, business address and telephone number of the person who conducts the bank removal and reclamation activities and the identification number of the current permit authorizing bank removal and reclamation activities.

 (b)  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 §  88.182 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 best nontoxic and vegetation-supporting material, whenever available from the operation, shall be removed, conserved and redistributed for the final surface.

   The provisions of this §  88.183 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 Prior to seeding and planting soil tests shall be made on the final surface using standard methods approved by the Department. Results of soil tests shall be reported to the Department.

 (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 vegetation requirements of § §  88.209—88.218.

 (b)  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.

 (c)  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 meet the requirements of Subpart D, Articles VIII and IX (relating to municipal waste; and residual waste management).

 (a)  Bank removal and reclamation activities shall be planned and conducted to maximize the abatement of water pollution and reclamation of the land.

 (b)  Changes in water quantity and in 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)  Every effort shall be made to develop operations in a manner that will eliminate discharge to surface waters from the disturbed portion of the permit area before vegetation is accomplished.

 (d)  In no case may the treatment requirements and effluent limitations established under §  88.187 (relating to hydrologic balance: effluent standards) be violated.

 (e)  Each 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 §  88.187 are achieved and maintained.

 (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. The effluent limitations and precipitation exemptions are as follows:

   (1)  The discharges specified in this subsection shall comply with the effluent limitations in this section:

   (2)  To be entitled to the effluent limitations in Group B or Group C, the permittee shall comply with §  88.188 (relating to hydrologic balance: precipitation event exemption).

 (c)  Exceptions to effluent limitations. Exceptions 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)   Where the discharger affirmatively demonstrates to the Department that the wastewater treatment process being used by the discharger requires the pH 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 the 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/l, 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 §  88.187 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 §  88.187 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 (237176) to (237179).

 (a)  To establish the alternative effluent limitations of Group B or C in §  88.187(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 §  88.187, 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 enumerated as Group C in §  88.187(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 §  88.187, 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 §  88.187(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 official United States Weather Bureau Stations within a 25-mile distance (radius) of the site.

   (2)  Calculate the estimated rainfall event for the site, by appropriate interpolation of the data collected under paragraph (1). 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.

   (3)  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.

   (4)  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 (b).

   (5)  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 the following 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 §  88.188 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 (148806) to (148808).

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

 (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 peaks 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 nontoxic-forming rock that will not slake and will be free of coal, clay or shale.

 (e)  No diversion may be located so as to increase 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 requirements of this subchapter.

   The provisions of this §  88.190 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 (92606) to (99157).

 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 permit.

   (2)  Meet treatment and effluent limitations of §  88.187 (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 §  88.191 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 (237182) to (237183).

 (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 for complying with effluent standards as provided for in §  88.187 (relating to hydrologic balance: effluent standards).

   The provisions of this §  88.192 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 (99157) to (99158).

 (a)  Containment within the disturbed area or closed systems by utilization of collection ponds or collection areas located to facilitate the operations shall generally be the desired method of sediment control.

 (b)  The ponds or collection areas shall be capable of treating the runoff. Runoff shall be calculated using the Soil Conservation Service methods.

 (c)  Ponds or collection areas shall be cleaned to provide the required capacity.

 (d)  Existing ponds or collection areas may not be eliminated before replacements are installed.

 (a)  All surface drainage from the disturbed area, including areas which have been graded, seeded or planted, shall be passed through sediment ponds, unless the applicant can show that all runoff can be contained within the disturbed area.

 (b)  If sedimentation ponds are utilized, they shall be constructed before any disturbance of any area to be drained into 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. The ponds shall meet the requirements of Chapter 102 (relating to erosion and sediment control).

 (c)  When possible, the discharge from a sedimentation basin shall be to a natural waterway and located to avoid additional contact with acid-forming and toxic-forming material.

 (d)  Sedimentation ponds shall be structurally sound and at a minimum meet the requirements of §  88.197 (relating to hydrologic balance: ponds, embankments and impoundments—design, construction and maintenance).

 Discharge from 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 stream channels, and to minimize disturbance of the hydrologic balance. Discharge structures shall be designed according to standard engineering-design procedures.

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

   (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 shall not degrade the quality of receiving waters to less than the water quality standards established under §  88.187 (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 impounded 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 uses.

   (5)  The design, construction and maintenance of structures shall achieve the minimum requirements are required by §  88.197 (relating to hydrologic balance: ponds, embankments and impoundments—design, construction and maintenance).

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

 (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 in accordance with 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 Standard 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 §  88.197 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 §  88.197 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 (199114).

 A dam and embankment constructed of coal processing waste or intended to impound coal processing waste, shall meet the 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, and Standard 378 ‘‘Pond,’’ as applicable.

 At the completion of bank removal and reclamation activities, the person who conducts the bank removal and reclamation activities shall renovate all permanent sedimentation ponds, diversions, impoundments and treatment facilities to meet criteria specified in the detailed design plan for the permanent structures and impoundments.

 Surface water or groundwater from bank removal 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 bank removal and reclamation activities on the reclaimed lands and on the quantity and quality of water in groundwater systems in the permit and adjacent areas.

 (b)  When bank removal and reclamation 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 minimize 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 §  88.201 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).

 (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 §  88.202 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).

 (a)  The applicant shall demonstrate that the bank reject material can be placed and graded to AOCs or an approved alternate design plan, which will conform to adjacent topography and be free of any polluting hazards.

 (b)  Bank reject material shall be disposed of in such a manner that the area, as it is being backfilled, is free of voids and depressions within the dictates of sound engineering.

 Bank removal and reclamation activities may not be conducted in close proximity to any point of an active underground mine, to the extent that the bank removal activities could be declared a nuisance or a danger to the health, safety and welfare of persons within an active underground mine. All bank removal and reclamation activities shall be conducted in compliance with the Pennsylvania Anthracite Coal Mine Act (52 P. S. § §  70-101—70-145).

   The provisions of this §  88.204 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 Air pollution control measures shall be planned and employed as an integral part of the site preparation, and bank removal and reclamation operation 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.

 (a)  Unless the reclamation plan provides for grading to AOCs it shall contain a full explanation of the conditions which do not permit contouring and it shall provide for terracing or grading to the extent that the steepest contour may not be greater than 35 degrees from the horizontal, with the table portion of the restored area a flat terrace without depressions to hold water and with adequate provision for drainage, unless otherwise approved by the Department.

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

 The Department may approve alternatives to contouring or terracing when the land is proposed to be made suitable, after bank removal and reclamation, for planned or designated industrial, commercial, agricultural, residential, recreational or public use, provided the other applicable requirements of this chapter are met.

 All final grading shall be done to minimize subsequent erosion and instability. If grading, preparation or placement along the contour is hazardous to equipment operators, the grading, preparation or placement in a direction other than generally parallel to the contour may be used. In all cases, grading, preparation or placement shall be conducted in a manner to minimize slippage.

 (a)  Vegetation shall be established on all land affected by bank removal and reclamation activities.

 (b)  Seeding and planting 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 vegetation 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)  Seeding and planting shall provide a quick, fast-growing vegetative cover capable of stabilizing the soil surface from erosion.

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

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

   The provisions of this §  88.209 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 page (207099).

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

 (b)  Seeding and planting of disturbed areas shall be coordinated with soil replacement so that a minimum amount of time exists between the time that soil or suitable material is replaced and seeding and planting are accomplished.

 (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. Vegetation of a temporary cover of small grains, grasses or legumes shall be required until a permanent cover is established. Vegetation under these circumstances shall be accomplished without regard to specified periods for favorable planting.

   The provisions of this §  88.210 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 (92614) to (92615).

 The use of introduced species in the vegetation 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; the species shall be compatible with the plant and animal species of the region; and 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 §  88.211 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 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 planting plan.

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

 (e)  A pH test for acidity and a nutrient test shall be made to determine the lime and fertilizer required to produce and sustain a good cover.

 (f)  Other tests may be required by the Department to determine if elements are present which are toxic to plants.

 (g)  All soil sample tests shall be made using standard methods approved by the Department. A copy of the test shall be submitted to the Department.

   The provisions of this §  88.212 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 (92615) to (92616).

 (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 §  88.213 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 (92616).

 (a)  The soil surface shall be prepared by disking or harrowing unless soil conditions or steep slopes prohibit such a 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 §  88.214 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Mulch shall be applied to regraded areas at rates adequate to control erosion, promote germination of seeds and increase the moisture retention of the soil except the Department may waive the requirement 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 vegetation success.

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

 (c)  Chemical soil stabilizers may be used alone or in combination with appropriate mulches.

   The provisions of this §  88.215 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 (95616) and (95905).

 The permittee shall assume responsibility for successful vegetation for 5 consecutive years after initial planting and the standard for success has been met for 2 consecutive years.

   The provisions of this §  88.216 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  The standards for successful vegetation 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 vegetation 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 permanent plant species, the standards in this subsection 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 §  88.213(b) (relating to vegetation: tree and shrub species and seedling standards) apply and the areas approved for woody plant 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 one-third 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 the Department 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)   The average annual crop production shall be determined based upon a minimum of 3 years of data. Crop production shall be measured for the 3 years immediately prior to release of bonding under Chapter 86 Subchapter F (relating to bonding and insurance requirements).

     (ii)   Adjustment 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 erodability, 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 §  88.217 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 (92617) to (92618).

 (a)  The techniques proposed to be used by the surface mine permittee shall be approved by the Department and shall be specified in the planting plan.

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

   The provisions of this §  88.218 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Operations that are temporarily ceased but are to be resumed under the permit, shall be effectively secured. Temporary abandonment, including factors such 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.

 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.

 (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 any mining, or to higher or better uses achievable under criteria and procedures of this section, and prior to the release of land from 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 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 shall 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 are 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 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 will 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 §  88.221 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 (207105) to (207107).

 (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 §  88.237 (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 encroachments or water obstructions shall comply with 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 §  88.191 (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 coal refuse disposal or reprocessing area and the effluent meets the requirements of §  88.187 (relating to hydrologic balance: effluent standards).

   The provisions of this §  88.231 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).

 Unless the Department approves retention of a road as suitable for the approved postmining land use in accordance with §  88.221 (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 §  88.209 (relating to vegetation: general requirements).

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

   The provisions of this §  88.237 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 (207109) to (207110).

 (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 §  88.243 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 (92625).