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

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

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

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

   Acid-forming materials—Earth materials that contain sulfide minerals or other materials which, if exposed to air, water or weathering processes, form acids that may create acid drainage.

   Adjacent area—Land located outside the permit area, where air, surface or groundwater, fish, wildlife, vegetation or other resources protected by this chapter may be adversely impacted by coal refuse disposal activities.

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

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

   Best technology currently available—Equipment, devices, systems, methods or techniques which will:

     (i)   Prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable State or Federal laws.

     (ii)   Minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife and related environmental values, and achieve enhancement of those resources when practicable. The term includes equipment, devices, systems, methods or techniques which are currently available anywhere as determined by the Secretary, even if they are not in routine use. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, scheduling of activities, and design of sedimentation ponds in accordance with this chapter.

   Coal processing waste—Earth materials which are separated and wasted from the product coal during cleaning, concentrating or other processing or preparation of coal.

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

   Coal refuse disposal—The storage, placement or disposal of coal refuse. The term includes engineered features integral to the placement of the coal refuse including relocations or diversions of stream segments contained within the proposed fill area and the construction of required systems to prevent adverse impacts to surface water and groundwater and to prevent precipitation from contacting the coal refuse.

   Coal refuse disposal area—A general area or plot of land used as a place for disposal of, dumping or storage of coal refuse, including one or more coal refuse disposal piles, and all land thereby affected, including, but not limited to, any deposit of coal refuse on or buried in the earth and intended as permanent disposal of or long-term storage of the material, and all other land area in which the natural land surface has been disturbed as a result of or incidental to the coal refuse disposal activities of the operator, including, but not limited to, private ways or roads appurtenant to any such area, land excavations, workings, tailings, repair areas, storage areas, processing areas, shipping areas and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, coal refuse disposal operations are situated. The term does not include coal refuse deposited within an active mine itself or coal refuse never removed from a mine.

   Coal refuse disposal pile—A deposit of coal refuse on or buried in the earth and intended as permanent disposal of or long-term storage of such material, but not including coal refuse deposited within a mine itself or coal refuse never removed from a mine. Continuous deposits of coal refuse shall be considered as a single coal refuse disposal pile.

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

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

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

   Degree—The inclination from the horizontal.

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

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

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

   Dry weather flow—The base flow or surface discharge from an area or treatment facility which occurs immediately prior to a precipitation event and which resumes 24 hours after the precipitation event ends.

   Embankment—An artificial deposit of material that is raised above the natural surface of the land and used to contain, divert or store water; support roads or railways; or for other similar purposes.

   Ephemeral stream—A water conveyance which lacks substrates associated with flowing waters and flows only in direct response to precipitation in the immediate watershed or in response to melting snowpack and which is always above the local water table.

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

   Ground cover—The area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally onsite, expressed as a percentage of the total area of measurement.

   Groundwater—All subsurface waters of the Commonwealth.

   Haul roads—

     (i)   The term includes the following:

       (A)   Roads that are planned, designed, located, constructed, reconstructed or improved, utilized and maintained for the transportation of equipment, fuel, personnel, coal, spoil and other operating resources from a public road to points within the coal refuse disposal area or between principal operations on the site, but not including roads within the coal refuse piles, banks and dams.

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

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

   Historically used for cropland—One of the following:

     (i)   Lands that have been used for cropland for any 5 years or more out of the 10 years immediately preceding the acquisition, including purchase, lease or option, of the land for the purpose of conducting or allowing, through resale, lease or option, the conduct of coal refuse disposal activities.

     (ii)   Lands that the Department determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific 5-years-in-10 criterion. In which case, the regulations from prime farmland may be applied to include more years of cropland history only to increase the prime farmland acreage to be preserved.

     (iii)   Lands that would likely have been used as cropland for any 5 out of the last 10 years immediately preceding such acquisition but for the same fact of ownership or control of the land unrelated to the productivity of the land.

   Hydrologic balance—The relationship between the quality and quantity of water inflow to, water outflow from, and water storage in a hydrologic unit, such as a drainage basin, aquifer, soil zone, lake or reservoir. It encompasses the dynamic relationships among precipitation, runoff, evaporation and changes in groundwater and surface water storage.

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

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

   Intermittent stream—A body of water flowing in a channel or bed composed primarily of substrates associated with flowing water which, during periods of the year, is below the local water table and obtains its flow from both surface runoff and groundwater discharges.

   Land—The surface of the land upon which coal refuse disposal activities are conducted.

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

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

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

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

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

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

     (vi)   Industrial/commercial. Land used for the following:

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

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

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

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

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

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

   Maintain—The maintenance of the site for as long as necessary after completion of the operation to prevent health, safety or pollution hazards or nuisances from occurring. The term includes, but is not limited to, repair of cracks or fissures, repair of areas where settling occurs, repair of erosion areas, treatment of acid drainage or runoff, extinguishment of fires or hot spots, reseeding and soil treatment until adequate vegetative cover is established.

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

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

   Noxious plants—Species that have been included on the official Pennsylvania list of noxious plants for the Commonwealth.

   Operator—A person operating a coal refuse disposal area, or part thereof.

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

   Overburden—The strata or material overlying a coal deposit or in between coal deposits in its natural state, and means the material before or after its removal by mining.

   Perennial stream—A body of water flowing in a channel or bed composed primarily of substrates associated with flowing waters and is capable, in the absence of pollution or other manmade stream disturbances, of supporting a benthic macroinvertebrate community which is composed of two or more recognizable taxonomic groups of organisms which are large enough to be seen by the unaided eye and can be retained by a United States Standard No. 30 sieve—28 meshs per inch, 0.595 millimeter openings—and live at least part of their life cycles within or upon available substrates in a body of water or water transport system.

   Permanent diversion—A diversion which is to remain after coal refuse disposal activities are completed which has been approved for retention by the Department.

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

   Precipitation event—A quantity of water resulting from drizzle, rain, snow, sleet or hail in a limited period of time. It may be expressed in terms of recurrence interval. As used in this chapter, precipitation event also includes that quantity of water emanating from snow cover as snow melt in a limited period of time.

   Prime farmland—Those lands which are defined by the Secretary of the United States Department of Agriculture in 7 CFR 657 (relating to prime and unique farmlands), and which have been historically used for cropland as that phrase is defined in this section.

   Public recreational impoundment—A closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water and which is owned, rented or leased by the Federal government, the Commonwealth or a political subdivision of this Commonwealth and which is used for swimming, boating, water skiing, hunting, fishing, skating or other similar activities.

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

   Reclamation—Those actions taken to restore the area affected by coal refuse disposal activities as required by this chapter.

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

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

   Sedimentation pond—A primary sediment control structure designed, constructed and maintained in accordance with Subchapter D (relating to performance standard for coal refuse disposal) and including, but not limited to, a barrier, dam or excavated depression which detains water runoff to allow sediment to settle out. The term does not include secondary sedimentation control structures, such as straw dikes, riprap, check dams, mulches, dugouts and other measures that reduce overland flow velocity, reduce runoff volume or trap sediment, to the extent that the secondary sedimentation structures drain to a sedimentation pond.

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

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

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

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

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

   Soil survey—A field classification and laboratory analysis resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies and interprets the soils for use. Soil surveys shall meet the standards of the National Cooperative Soil Survey.

   Stability—The maintenance of a condition which prevents danger to the safety, health or welfare of persons, property or public roads or highways because of slippage, shifting or sliding of coal refuse deposited on coal refuse disposal areas.

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

   Steep slope—A slope of more than 20 degrees or a lesser slope designated by the Department after consideration of soil, climate and other characteristics of the region.

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

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

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

   Temporary diversion—A diversion of a stream or overland flow which is used during coal refuse disposal activities and not approved by the Department to remain after reclamation as part of the approved postmining land use.

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

   Toxic-forming materials—Earth materials or wastes which, if acted upon by air, water, weathering or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.

   Water table—The upper surface of a zone of saturation, where the body of groundwater is not confined by an overlying impermeable zone.

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

 (a)  The person who conducts coal refuse disposal activities shall maximize, to the extent technologically and economically feasible and consistent with applicable deep mine safety requirements, the underground disposal of refuse in abandoned, inactive or active deep mines, or in abandoned or unreclaimed surface mines. The application shall include a statement specifying whether or not disposal of coal refuse in abandoned, inactive or active deep mines or in abandoned or unreclaimed surface mines is proposed for the operation and, if not, outlining the technical, economic and safety considerations prohibiting such disposal.

 (b)  A person who conducts coal refuse disposal activities shall comply with the requirements of this chapter and Chapter 86 (relating to surface and underground coal mining: general), except, however:

   (1)  Disposal of coal refuse in an active surface coal mine shall comply with Chapter 87 (relating to surface mining of coal) and § §  90.125 and 90.128 (relating to coal refuse disposal: construction requirements; and coal refuse disposal: active surface mines).

   (2)  Disposal of coal refuse in an abandoned, inactive or active underground coal mine shall comply with Chapter 89 (relating to underground mining of coal and coal preparation facilities), with subsection (a) and with §  90.127 (relating to coal refuse disposal: disposal in underground coal mines).

 (a)  Prior to applying for a permit to conduct coal refuse disposal activities, the applicant shall comply with Subchapter E (relating to site selection). The Department’s technical guidance document Number 563-2113-660, titled Coal Refuse Disposal—Site Selection, shall be used as guidance for selecting a coal refuse disposal site.

 (b)  After the Department has approved a site in accordance with Subchapter E, the applicant may apply for a permit for coal refuse disposal activities in accordance with Chapters 86 and 88 (relating to surface and underground coal mining: general; and anthracite coal) and this chapter.

   The provisions of this §  90.5 adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3735.

   This section cited in 25 Pa. Code §  88.281 (relating to requirements).

Subchapter B. MINIMUM ENVIRONMENTAL RESOURCES INFORMATION REQUIRED IN PERMIT APPLICATIONS FOR COAL REFUSE DISPOSAL

Sec.

 (a)  Each coal refuse disposal permit application shall include a description of:

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

   (2)  The existing or predisposal environmental resources within the proposed permit and adjacent area that may be affected by the proposed coal refuse disposal activities. The description shall include the information required in this subchapter.

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

     (i)   The collection of additional information.

     (ii)   The conducting of field investigations.

     (iii)   Other appropriate analysis.

   (4)  The geology, hydrology and water quality and quantity of lands within the proposed permit area, the adjacent area and the general area. The description shall conform with the following:

     (i)   Information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed permit area and within the general area may be obtained from an appropriate Federal or State agency.

     (ii)   The applicant shall gather and submit this information to the Department as part of the permit application, if this information is not available from those agencies.

     (iii)   The permit will not be approved by the Department until this information is made available in the application.

 (b)  The information required in this section may be developed using modeling techniques, but the Department may require verification of models.

 (a)  The application shall include a description of the areal and structural geology within the proposed permit and adjacent area, including the lithology of the strata that influence the occurrence, availability, movement and quality of groundwater that may be affected by the coal refuse disposal. For lands within the proposed permit and adjacent areas, the applicant shall provide a description of the geology with complementing maps and cross sections and the results of test borings. The description shall include the strata down to and including any aquifer that may be affected. At a minimum, the description shall include:

   (1)  The location and quality of subsurface water.

   (2)  The depth, lithology and structure of near-surface bedrock.

   (3)  The location, identification and status of mining and coal refuse disposal operations within or adjacent to the proposed permit area.

   (4)  A description of any glacial, alluvial or colluvial deposits or other unconsolidated deposits that are present within or beneath the proposed permit area, including their thickness and location.

   (5)  A description of any mine workings that are present beneath the proposed permit area.

   (6)  The attitude and characteristics of joints, cleats, fracture zones and faults within the permit and adjacent areas.

   (7)  The location and identification of all coal seam croplines within the permit area.

   (8)  A description of the physical characteristics of soils within the permit area.

   (9)  A description of aquifers that are present beneath the proposed permit area.

 (b)  Maps, cross-sections and geologic descriptions required by this section shall be prepared and certified by a qualified registered professional geologist.

   The provisions of this §  90.12 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended July 13, 2001, effective July 14, 2001, 31 Pa.B. 3735. Immediately preceding text appears at serial pages (207928) to (207929).

 The application shall contain a description of the premining or baseline groundwater hydrology of the proposed permit and adjacent area, including the following:

   (1)  The results of a groundwater inventory of existing wells, springs and other valuable groundwater resources, providing information on location, quality, quantity, depth to water and usage of the groundwater for the proposed permit and potentially impacted offsite areas. Information on water availability and occurrence, and alternate water supplies shall be emphasized and water quality information relating to suitability for existing predisposal use shall be provided. At a minimum, water quality descriptions shall include total dissolved solids or specific conductance corrected to 25°C, pH, total iron, total manganese, alkalinity, acidity and sulfates.

   (2)  Other information on the baseline hydrogeologic properties of the groundwater system shall be included with the application. The Department may require information on indicator parameters such as pumping test, lithologic and piezometer data or that other appropriate information be provided. The application shall include a description of the groundwater flow system as it relates to the design and operation of the proposed groundwater and surface water protection system as described in §  90.50 (relating to design criteria: groundwater and surface water protection system).

   The provisions of this §  90.13 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)  Surface water information shall contain a description of the surface waters, including the name of the watershed which will receive water discharges, the location of surface water bodies such as streams, lakes, ponds and springs, deep mine discharges and seeps, the locations of water discharges into a surface body of water and descriptions of surface drainage systems sufficient to identify the seasonal variations in water quantity and quality within the proposed permit and adjacent areas.

 (b)  Surface water information shall include the following:

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

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

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

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

     (ii)   Total suspended solids in milligrams per liter.

     (iii)   Acidity in milligrams per liter.

     (iv)   Alkalinity in milligrams per liter.

     (v)   pH in standard units.

     (vi)   Total iron in milligrams per liter.

     (vii)   Total manganese in milligrams per liter.

     (viii)   Sulfates in milligrams per liter.

     (ix)   Total aluminum in milligrams per liter.

     (x)   Other information as the Department determines is relevant.

   The provisions of this §  90.14 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 application shall identify the extent to which the proposed coal refuse disposal activities may result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent area for domestic, agricultural, industrial or other legitimate use. If contamination, diminution or interruption results, then the description shall identify the alternate sources of water supply that could be developed to replace the existing sources.

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

 (a)  Each application shall contain a description of the extent of cover, in percent ground cover, of the natural vegetation within the proposed permit area. When the postmining land use is wildlife habitat, the description shall include information adequate to establish the stocking standards of §  90.159(b)(2)(iii) (relating to revegetation: standards for successful revegetation). When requested by the Department, the application shall contain a map or aerial photograph that delineates existing vegetation types and a description of the plant communities within the proposed permit and adjacent area.

 (b)  When a map or aerial photograph is required, sufficient adjacent areas shall be included to allow evaluation of vegetation as important habitat for fish and wildlife.

 An application shall include fish and wildlife resources information for the proposed permit area and adjacent area.

   (1)  The scope and level of detail for the information shall be determined by the Department in consultation with State and Federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under §  90.48 (relating to fish and wildlife protection and enhancement plan).

   (2)  Site-specific resource information necessary to address the respective species or habitats shall be required when the proposed permit area or adjacent area is likely to include one or more of the following:

     (i)   Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the United States Secretary of the Interior under the Endangered Species Act of 1973, act of December 28, 1973 (Pub. L. No. 93-205, 87 Stat. 884), or species or habitats protected by State law or regulations, including those species listed as threatened or endangered by the Game Commission and the Fish Commission.

     (ii)   Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes or reproduction and wintering areas.

     (iii)   Other species or habitats identified through agency consultation as requiring special protection under State or Federal law.

   The provisions of this §  90.18 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (149002) to (149003).

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

   (1)  The uses of the land existing at the time of application and, if the land use has changed within 5 years prior to time of applications, the prior use of land. If the land has been previously used for coal refuse disposal activities or mined and not reclaimed, the uses which preceded any coal refuse disposal activities or mining, if known.

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

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

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

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

   (1)  The boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the permit area.

   (2)  The boundaries of land within the proposed permit area which the applicant has the legal right to enter and begin coal refuse disposal activities.

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

   (4)  The boundaries of the areas proposed to be affected over the estimated total life of the coal refuse disposal activities, with a description of size, sequence and timing of development of the site.

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

   (6)  The location of surface and subsurface manmade features within, passing through, or passing over the proposed permit area, including, but not limited to, major electric transmission lines and pipelines.

   (7)  The locations and names of public water supply intakes within a 10 mile distance downstream of each discharge, and the locations of water discharges into a surface body of water within the permit and adjacent area. Public water supplies on or within 1/2 mile of the permit area and private water supplies on or within 1,000 feet of the proposed permit area.

   (8)  Each public road location in or within 100 feet of the proposed permit area.

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

   (10)  Each public or private cemetery or Indian burial ground located in or within 100 feet of the proposed permit area.

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

   (12)  The surface elevations and the locations of test borings and core samplings.

   (13)  The locations of existing and proposed monitoring stations used to gather data on water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application.

   (14)  A cross section of the strata described in §  90.12 (relating to geology).

   (15)  Coal crop lines and the contours of the coal to be mined in the permit and adjacent areas.

   (16)  The location and extent of known workings of active, inactive or abandoned underground mines, including identification of the coal seams mined and mine openings to the surface within the proposed permit and adjacent areas.

   (17)  The portrayal of major aquifers on cross sections.

   (18)  The location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit and adjacent areas.

   (19)  The location and extent of existing or previously surface-mined areas within the proposed permit area, including the coal seams mined.

   (20)  The location and areal extent of storage and disposal areas of spoil, coal refuse, underground development waste and noncoal and of dams, embankments, other impoundments and water treatment and air pollution control facilities within the proposed permit area, and state whether or not owned or operated by applicant.

   (21)  The location and depth, if available, of gas and oil wells within the proposed permit area and water wells in the permit area and adjacent areas.

   (22)  Sufficient slope measurements to adequately represent the existing land surface configuration of the area affected by coal refuse disposal activities. Slope measurements shall take into account natural variations in slope, to provide accurate representation of the range of natural slopes and reflect geomorphic differences of the area to be disturbed.

   (23)  Landslides within areas to be affected by coal refuse disposal activities.

   (24)  The location of each haul road and access road and appropriate cross sections, design drawings and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches and drainage structures for each road to be constructed, used or maintained within the proposed permit area.

   (25)  Other relevant information required by the Department.

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

   The provisions of this §  90.21 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 conduct a preapplication investigation of the area proposed to be affected by coal refuse disposal activities to determine whether lands within the area may be prime farmland.

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

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

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

   (3)  The slope of the land is 10% or greater.

   (4)  The land is not irrigated or naturally subirrigated.

   (5)  There are no soil map units that have been designated prime farmland by the United States Soil Conservation Service, on the basis of a soil survey of the lands proposed to be affected by coal refuse disposal activities.

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

 (d)  If the investigation indicates that lands within the proposed area to be affected by coal refuse disposal activities may be prime farmlands, the applicant shall contact the United States Soil Conservation Service to determine if these lands have a soil survey and whether the applicable soil map units have been designated prime farmlands. If a soil survey has not been made for these lands, the applicant shall cause a survey to be made.

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

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

   The provisions of this §  90.22 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (149006) to (149007).

   This section cited in 25 Pa. Code §  86.37 (relating to criteria for permit approval or denial); 25 Pa. Code §  90.45 (relating to prime farmland); and 25 Pa. Code §  90.165 (relating to prime farmland: revegetation).

Subchapter C. MINIMUM OPERATION AND RECLAMATION
PLAN INFORMATION REQUIRED IN APPLICATIONS
FOR COAL REFUSE DISPOSAL

Sec.

 An application shall contain a description of the coal refuse disposal activities proposed to be conducted during the life of the coal refuse disposal operations within the proposed permit area, including, at a minimum, the following:

   (1)  A narrative description of the type and method of coal refuse disposal procedures and proposed engineering techniques and the major equipment to be used during operations.

   (2)  A narrative explaining the construction, modification, use, maintenance and removal of the following facilities and structures, unless retention of the facility or structure is necessary for postdisposal land use as specified in §  90.166 (relating to postdisposal land use):

     (i)   Dams, embankments and other impoundments.

     (ii)   Overburden and topsoil handling and storage areas.

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

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

     (v)   Mine facilities.

     (vi)   Water and air pollution control facilities.

     (vii)   Erosion and sediment control facilities.

   (3)  A description of the measures to be employed to ensure that all debris, potential acid-forming and potential toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with this chapter and a description of the contingency plans which have been developed to preclude combustion of the materials.

   (4)  A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case, line or manage exploration holes, other boreholes, wells and other openings within the proposed permit area.

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

 (a)  An application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the coal refuse disposal activities, including:

   (1)  Location.

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

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

   (4)  A showing, including relevant monitoring data or other evidence, indicating whether the structure meets the performance standards or the design requirements of Subchapter D (relating to performance standard for coal refuse disposal).

 (b)  An application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the coal refuse disposal activities. The compliance plan shall include:

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

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

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

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

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

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

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

   (3)  A plan for backfilling, soil stabilization, compacting and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area in accordance with Subchapter D (relating to performance standard for coal refuse disposal).

   (4)  A plan for removal, storage and redistribution of topsoil, subsoil and other material to meet the requirements of § §  90.96—90.100.

   (5)  A plan for revegetation as required in § §  90.151—90.157, 90.159 and 90.160, including, but not limited to, descriptions of the following:

     (i)   Schedule of revegetation.

     (ii)   Species and amounts per acre of seeds and seedling to be used.

     (iii)   Methods to be used in planting and seeding.

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

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

     (vi)   Measures proposed to be used to determine the success of revegetation as required in §  90.159 (relating to revegetation: standards for successful revegetation).

     (vii)   A soil testing plan for determining soil nutrients and liming requirements and evaluation of the results of topsoil handling and reclamation related to revegetation.

   The provisions of this §  90.33 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  An application shall contain a description of the proposed land use, following reclamation, of the lands to be affected within the proposed permit area by coal refuse disposal activities, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use policies and plans. This description shall explain the following:

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

   (2)  The detailed management plan to be implemented when pastureland is the postdisposal land use.

   (3)  Materials needed for approval of the alternative use under §  90.166 (relating to postdisposal land use).

   (4)  The consideration given to making all of the proposed coal refuse disposal activities consistent with surface owner plans and applicable Commonwealth and local land use plans and programs.

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

   The provisions of this §  90.34 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended July 13, 2001, effective July 14, 2001, 31 Pa.B. 3735. Immediately preceding text appears at serial pages (207939) to (207940).

 (a)  An application shall contain a detailed description, with appropriate maps and cross-sections, of the measures to be taken during and after the proposed coal refuse disposal activities, in accordance with the performance standard of Subchapter D (relating to performance standard for coal refuse disposal), to ensure protection of:

   (1)  The quality and quantity of the groundwater, both within the proposed permit area and adjacent areas, from adverse effects of the proposed coal refuse disposal activities.

   (2)  The rights of present users to surface and groundwater.

 (b)  Each application shall also contain the following:

   (1)  A plan for the control, in accordance with Subchapter D, of surface and groundwater drainage into, through and out of the area proposed to be affected by coal refuse disposal activities.

   (2)  A plan for the treatment, in accordance with Subchapter D, of surface and groundwater drainage from the area to be affected by the proposed coal refuse disposal activities, and proposed quantitative limits on pollutants in discharges as provided in §  90.102 (relating to hydrologic balance: water quality standards, effluent limitations and best management practices).

   (3)  A plan for collecting, recording and reporting of groundwater and surface water quality and quantity data in accordance with § §  90.115 and 90.116 (relating to hydrologic balance: groundwater monitoring; and hydrologic balance: surface water monitoring). The plan shall identify monitoring locations and sampling frequency, and logically relate to the determination of the probable hydrologic consequences in Subsection (c).

 (c)  A determination of the probable hydrologic consequences of the proposed coal refuse disposal activities on the proposed permit area and adjacent area, with respect to the hydrologic regime and the quantity and quality of water in surface and groundwater systems under all seasonal conditions, including total dissolved solids, total suspended solids, total iron, pH, total manganese, acidity, alkalinity, sulfates and other parameters required by the Department.

 (d)  A plan shall contain a description of possible alteration in the site development plan or method of disposal, in response to adverse impacts on the hydrologic balance as indicated by the groundwater monitoring system.

   The provisions of this §  90.35 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 §  90.35 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (149011) to (149012).

 An application shall contain the necessary information to demonstrate how each proposed water obstruction and encroachment will meet the requirement of Chapter 105 (relating to dam safety and waterway management) and §  90.105 (relating to stream channel diversions).

 An application shall contain the necessary information to demonstrate how each proposed sediment control measure for the coal refuse disposal operation will meet the requirements of Chapter 102 (relating to erosion and sediment control) and §  90.106 (relating to hydrologic balance: erosion and sedimentation control).

 An application shall show the manner in which the applicant plans to direct water from entering the operation in accordance with §  90.104 (relating to hydrologic balance: diversions).

 (a)  An application shall include a plan for each proposed sedimentation pond, water impoundment, and coal processing waste bank, dam, embankment, pile or fill within the proposed permit area. The plan shall:

   (1)  Be prepared by, or under the direction of, a qualified registered professional engineer, except as indicated in §  90.112(b)(1) (relating to hydrologic balance: dams, ponds, embankments, and impoundments—design, construction and maintenance).

   (2)  Contain a description, map and cross section of the structure and its location.

   (3)  Contain hydrologic and geologic information required to assess the hydrologic impact of the structure.

   (4)  Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past and proposed underground mining operations.

   (5)  Contain a certification statement which includes a schedule setting forth the dates when any detailed design plans for structures that are not submitted within the general plan will be submitted to the Department. The Department will have approved, in writing, the detailed design plan for a structure before construction of the structure begins.

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

   (7)  Describe the timetable and plans to remove each structure, if appropriate.

   (8)  Contain a geotechnical investigation design and construction requirements including a stability analysis if the structure is more than 20 feet in height as measured from the upstream toe of the embankment to the crest of the emergency spillway or has a storage volume of more than 20 acre feet.

 (b)  Sedimentation ponds, whether temporary or permanent, shall be designed in compliance with §  90.108 (relating to hydrologic balance: sedimentation ponds). A sedimentation pond or earthen structure which will remain on the proposed permit area as a permanent water impoundment shall also be designed to comply with §  90.112.

 (c)  Permanent and temporary impoundments shall be designed to comply with §  90.111 (relating to hydrologic balance: impoundments).

 (d)  Coal refuse piles, fills or banks shall be designed to comply with § §  90.122—90.130.

 (e)  Coal refuse dams and embankments shall be designed to comply with § §  90.112, 90.113, 90.122 and 90.124—90.130. A plan shall comply with the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2 (relating to water, sediment, or slurry impoundments and impounding structures; identification; and water, sediment, or slurry impoundments and impounding structures; minimum plan requirements; changes or modifications; certification) and shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. Each plan shall provide for the removal of impoundments constructed of or used to impound coal refuse as part of site reclamation.

 (f)  The geotechnical investigation shall be planned and supervised by an engineer or engineering geologist, for subsections (d) and (e), according to the following:

   (1)  The number, location and depth of borings and test pits shall be determined using current engineering practice for the size of the dam or embankment, quantity of material to be impounded and subsurface conditions.

   (2)  The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment or reservoir site shall be considered.

   (3)  Springs, seepage and groundwater flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan.

   (4)  Consideration shall be given to the possibility of mudflows, rock-debris falls or other landslides into the dam, embankment or impounded material.

   (5)  A description of the waste being disposed of within the proposed permit area, including the following:

     (i)   Physical, chemical and engineering stability properties of the coal refuse.

     (ii)   Acid-producing and toxic-forming potential of the coal refuse.

   The provisions of this §  90.39 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)  For publicly-owned parks or historic places listed on the National Register of Historic Places that may be adversely affected by the proposed coal refuse disposal activities, each application shall describe the measures to be used to accomplish the following:

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

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

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

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

 An applicant shall describe what measures have been or will be taken to minimize subsidence beneath the coal refuse disposal area in order to insure the stability of the coal refuse disposal area.

 An application shall include a blasting plan in accordance with §  87.64 (relating to blasting plan) if blasting will be needed for the proposed permit area, showing the manner in which the requirements of § §  87.124—87.127 and 87.129 will be met.

 An application shall include an air pollution control plan which includes the following:

   (1)  A plan for fugitive dust control practices, as required under §  90.149 (relating to air resources protection), and, if applicable, how the requirements of Chapters 123 and 127 (relating to standards for contaminants; and construction, modification, reactivation and operation of sources) will be met.

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

   (3)  A plan for monitoring the coal refuse disposal site for fires or hot spots and a plan for eliminating fires and hot spots.

 A person who conducts, or intends to conduct, coal refuse disposal activities on prime farmlands historically used for cropland, in accordance with Subchapter E (relating to site selection), shall submit a plan, as part of the permit application, for the disposal and restoration of the land. The plan shall contain, at a minimum:

   (1)  The proposed method and type of equipment to be used for removal, storage and replacement of the soil in accordance with § §  90.161—90.165.

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

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

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

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

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

   (7)  A soil survey with description of soil mapping units and representative soil profile under §  90.22 (relating to prime farmland investigation). The soil profile description shall include, but not be limited to, soil horizon depths, pH and range of soil densities for each prime farmland soil unit within the proposed permit area. The Department may require the applicant to provide information on other physical and chemical soil properties as needed to make a determination that the operator has the technological capability to restore the prime farmland within the permit area to the soil reconstruction standards of § §  90.161—90.165.

   The provisions of this §  90.45 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended July 13, 2001, effective July 14, 2001, 31 Pa.B. 3735. Immediately preceding text appears at serial pages (207946) to (207947).

 An application shall contain maps, plans and cross sections of the proposed permit and adjacent areas showing the following:

   (1)  The maps, plans and cross sections shall show the coal refuse disposal activities to be conducted and changes in a facility or feature to be caused by the proposed operations.

   (2)  The following shall be shown for the proposed permit area:

     (i)   The buildings, utility corridors and facilities to be used.

     (ii)   Coal storage, cleaning and loading areas.

     (iii)   The topsoil, spoil, coal preparation waste, underground development waste and noncoal waste storage areas.

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

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

     (vi)   A facility to be used to protect and enhance fish and wildlife related environmental values.

     (vii)   A surface facility for explosive storage and handling.

     (viii)   The location of each sedimentation pond, permanent water impoundment, coal processing waste bank, coal processing waste dam and embankment and disposal areas for underground development waste and excess spoil or coal refuse.

     (ix)   The location of monitoring points.

     (x)   The location of each facility that will remain on the proposed permit area as a permanent feature, after the completion of coal refuse disposal activities.

     (xi)   The final contour configuration and elevations of coal refuse disposal areas.

     (xii)   A cross section through embankment, ponds, impoundments and dams.

     (xiii)   The extent of active and abandoned underground mining.

     (xiv)   Other information the Department deems relevant.

   (3)  Maps, plans and cross sections required by this section shall be prepared by, under the direction of and certified by a qualified registered professional engineer or qualified registered geologist with assistance from experts in related fields.

   The provisions of this §  90.46 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); The Clean Streams Law (35 P. S. § §  691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 For each haul road, access road or other transportation facility to be constructed, used or maintained within the proposed permit area, the application shall contain a description of the road or facility and appropriate maps, plans, cross sections and specifications to demonstrate compliance with § §  90.134, 90.140 and 90.146 (relating to haul roads and access roads: general; haul roads and access roads: restoration; and other transportation facilities).

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

   (1)  Be consistent with the requirements of §  90.150 (relating to protection of fish, wildlife and related environmental values).

   (2)  Apply, at a minimum, to species and habitats identified under §  90.18 (relating to fish and wildlife resources information).

   (3)  Include the following:

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

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

 (b)  The Department will provide the resource information required under §  90.18 and the protection and enhancement plan required under subsection (a) to the Game Commission and the Fish Commission for their review. Upon request during the comment period, the Department will furnish the resource information to the United States Department of the Interior, Fish and Wildlife Service Regional or Field Office. This information will be provided within 10 days of receipt of the request from the Service.

   The provisions of this §  90.48 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (149019) to (149020).

 (a)  Stream buffer zone restriction. Coal refuse disposal may not occur within 100 feet (30.48 meters) of the bank of a stream. The Department may grant a variance for disposal of coal refuse under subsection (c) if consistent with Subchapter E (relating to site selection).

 (b)  Compliance required. Surface mining operations supporting coal refuse disposal shall comply with §  86.102(12) (relating to areas where mining is prohibited or limited).

 (c)  Variance. The Department may grant a variance from the 100-foot (30.48-meter) stream buffer zone to dispose of coal refuse and to relocate or divert streams in the 100-foot (30.48-meter) stream buffer zone. The stream buffer zone is the area within 100 feet (30.48 meters) measured horizontally from the bank of any stream.

   (1)  Stream buffer zone variances will only be granted if the operator demonstrates to the satisfaction of the Department that, as a result of the variance, coal refuse disposal will not adversely affect water quality and quantity, or other environmental resources of the stream and will not cause or contribute to the violation of applicable State or Federal water quality standards.

   (2)  Prior to granting a variance, the operator shall be required to give public notice of the application in two newspapers of general circulation in the area once a week for 2 successive weeks.

     (i)   If a person files an exception to the proposed variance within 20 days of the last publication of the notice, the Department will conduct a public hearing with respect to the application within 30 days of receipt of the exception.

     (ii)   The Department will also consider information or comments submitted by the Fish and Boat Commission prior to taking action on a variance request.

   (3)  The variance will be issued as a written order specifying the methods and techniques that shall be employed to prevent or mitigate adverse impacts. Mitigation can include, but is not limited to, compensatory restoration and enhancements of nearby streams or stream segments.

   The provisions of this §  90.49 adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3735.

 (a)  The application shall include a description of the system that will be installed to prevent adverse impacts to groundwater and surface water. The description shall include maps, plans and other information necessary to evaluate the design of the system.

 (b)  The application shall include a description of the system that will be installed to prevent precipitation from coming into contact with the coal refuse. The description shall include maps, plans and other information necessary to evaluate the design of the system. The coal refuse disposal operation shall be designed in phases to minimize the amount of time the entire coal refuse area is exposed to precipitation prior to the installation of the system to prevent precipitation from contacting the coal refuse. The application shall describe the design of the system for preventing precipitation from contacting coal refuse and how the system will be installed in accordance with the following:

   (1)  During routine coal refuse disposal as phases of the coal refuse disposal area reach capacity.

   (2)  During periods of temporary cessation as directed under §  90.167(d) (relating to cessation of operations: temporary).

   (3)  When the operation permanently ceases.

 (c)  The Department’s technical guidance Document Number 563-2112-656, titled Liners—Impoundments, Stockpiles, and Coal Refuse Disposal Areas, shall be used as guidance for designing coal refuse disposal sites incorporating earthen, admixed or synthetic liners or caps for preventing adverse impacts to groundwater and surface water and for preventing precipitation from contacting coal refuse.

 (d)  The application shall include a description of the measures to be taken to ensure the long-term functionality of the systems described in subsections (a) and (b). The description shall address the site’s susceptibility to mine subsidence and the potential impacts of mine subsidence on the systems described in subsections (a) and (b). The description shall also address the potential for deterioration of components of the systems described in subsections (a) and (b) due to other physical or chemical processes including but not limited to attack from sulfate-laden or acidic groundwater and/or leachate.

   The provisions of this §  90.50 adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3735.

   This section cited in 25 Pa. Code §  88.281 (relating to requirements); and 25 Pa. Code §  90.13 (relating to groundwater information).

Subchapter D. PERFORMANCE STANDARD FOR COAL REFUSE DISPOSAL

Sec.

 A person who conducts coal refuse disposal activities shall comply with the performance standards and design requirements of this subchapter, except as follows:

   (1)  Disposal of coal refuse in an active surface mine shall comply with the performance standards set forth in Chapter 87 Subchapter D (relating to surface coal mines: minimum requirements for operation and reclamation plan) and § §  90.125 and 90.128 (relating to coal refuse disposal: construction requirements; and coal refuse disposal: active surface mines).

   (2)  Disposal of coal refuse in an abandoned or active underground coal mine shall comply with the requirements of Chapter 89 (relating to underground mining of coal and coal preparation facilities).

 (a)  Specifications. Signs and markers shall:

   (1)  Be posted and maintained during the duration of the coal refuse disposal activities to which they pertain, and removed upon completion.

   (2)  Be clearly visible, readable and uniform throughout the operation.

   (3)  Be made of durable material.

   (4)  Conform to local zoning ordinances or codes.

 (b)  Coal refuse disposal facility and permit identification signs. Requirements for coal refuse disposal facility and permit identification signs shall be as follows:

   (1)  Identification signs shall be displayed at each point of access from public roads to the area where coal refuse disposal activities are permitted.

   (2)  Signs shall show the name, business address and telephone number of the operator and the identification number of the current permits authorizing coal refuse disposal activities.

   (3) &n