Subchapter D. SURFACE COAL MINES: MINIMUM
REQUIREMENTS FOR OPERATION AND
RECLAMATION PLAN
Sec.
87.61. Requirements.
87.62. Operational information.
87.63. Existing structures.
87.64. Blasting plan.
87.65. Maps and plans.
87.66. Air pollution control plan.
87.68. Reclamation information.
87.69. Protection of hydrologic balance.
87.70. Erosion and sedimentation control plan.
87.71. Stream diversions, water obstructions and encroachments.
87.72. Diversions.
87.73. Dams, ponds, embankments and impoundments.
87.74. Coal refuse disposal.
87.75. Postmining land uses.
87.76. Surface mining near underground mining.
87.77. Protection of public parks and historic places.
87.78. Public roads.
87.79. Disposal of excess spoil.
87.80. Haul roads, access roads and other transportation facilities.
87.81. Steep slope operations.
87.82. Auger mining.
87.83. Prime farmlands.
87.84. Fish and wildlife protection and enhancement plan.
Cross References This subchapter cited in 25 Pa. Code § 87.201 (relating to scope); 25 Pa. Code § 87.204 (relating to application for authorization); 25 Pa. Code § 87.205 (relating to approval or denial); 25 Pa. Code § 87.206 (relating to operational requirements); and 25 Pa. Code § 90.91 (relating to requirements).
§ 87.61. Requirements.
As part of each permit application, the applicant shall provide a detailed description of the surface mining activities showing the manner in which the provisions of this chapter will be met. The description shall include, at a minimum, the information required in this subchapter.
Source The provisions of this § 87.61 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 86.261 (relating to program services).
§ 87.62. Operational information.
An application shall contain a description of the surface mining activities proposed to be conducted during the life of the mine within the proposed permit area, including, at a minimum, the following:
(1) A description of the type and method of coal mining procedures, proposed engineering techniques and the major equipment to be used.
(2) An explanation of the construction, modification, use, maintenance and removal of the following facilities—unless retention of the facilities is approved for postmining land use under § 87.159 (relating to postmining land use):
(i) Dams, embankments and other impoundments.
(ii) Overburden and topsoil handling and storage area and structures.
(iii) Coal removal, handling, storage, cleaning and transportation area and structures.
(iv) Spoil, coal processing waste and noncoal waste removal, handling, storage, transportation and disposal areas and structures.
(v) Mine facilities.
(vi) Water and air pollution control facilities.
(vii) Erosion control facilities.
(3) A description or explanation of the relative sequence of surface mining activities, including the relative timing of various phases and the estimated life of the mine.
(4) A demonstration that the notification requirements of § 86.31(e) (relating to public notices of filing of permit applications) have been satisfied.
Source The provisions of this § 87.62 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (219217) to (219218).
Cross References This section cited in 25 Pa. Code § 86.261 (relating to program services).
§ 87.63. Existing structures.
(a) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the surface coal mining and reclamation operation, including the following:
(1) Location.
(2) Plans of the structure which describe its current condition.
(3) Approximate dates on which construction of the existing structures was begun and completed.
(4) A showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of Subchapter E (relating to surface coal mines: minimum environmental protection performance standards) or design requirements of Subchapter E.
(b) Each application shall contain a compliance plan for existing structures to be modified or reconstructed for use in connection with or to facilitate the surface coal mining and reclamation operation. The compliance plan shall include:
(1) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of Subchapter E.
(2) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction.
(3) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of Subchapter E are met.
(4) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.
Source The provisions of this § 87.63 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 86.261 (relating to program services).
§ 87.64. Blasting plan.
(a) An application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with § § 87.124—87.129 and including the following:
(1) Drilling patterns, including size, number, depths and spacing of holes.
(2) Charge and packing of holes.
(3) Types of initiation and detonation controls.
(4) Sequence and timing of firing holes.
(b) The blast plan shall be prepared and signed by a certified blaster licensed to conduct general blasting under Chapter 210 (relating to blasters’ license).
Source The provisions of this § 87.64 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148627) to (148628).
Cross References This section cited in 25 Pa. Code § 87.127 (relating to use of explosives: surface blasting requirements); and 25 Pa. Code § 90.43 (relating to blasting plan).
§ 87.65. Maps and Plans.
(a) An application shall contain maps and plans of the proposed permit and adjacent area showing the following:
(1) The boundaries of lands proposed to be affected over the estimated total life of the proposed operation and the sequence of mining and reclamation.
(2) Changes in a facility or feature to be caused by the proposed operation for the facility or feature identified under § 87.52 (relating to land use information).
(3) Buildings, utility corridors and facilities which will be used in the operation.
(4) Areas of land for which a bond will be posted under Chapter 86, Subchapter F (relating to bonding and insurance requirements).
(5) Coal storage, cleaning and loading areas.
(6) Topsoil, spoil, coal waste and noncoal waste storage areas.
(7) Water diversion, collection, conveyance, sedimentation and erosion control, treatment, storage and discharge facilities to be used.
(8) Air pollution collection and control facilities, if required.
(9) Sources of waste and waste disposal facilities relating to coal processing or pollution control.
(10) Facilities to be used to protect and enhance fish and wildlife and related environmental values.
(11) Explosive storage and handling facilities.
(12) The location of each sedimentation pond, permanent water impoundment, coal processing waste bank, coal processing waste dam and embankment and fill area for the disposal of excess spoil in accordance with § § 87.73, 87.74 and 87.79 (relating to dams, ponds, embankments and impoundments; coal refuse disposal; and disposal of excess spoil).
(b) Maps, plans and cross sections required by this section shall be on a scale satisfactory to the Department, but at least 1:25,000 and in a manner satisfactory to the Department. The maps or plans and cross sections shall be prepared and certified by a qualified registered professional engineer, qualified registered professional land surveyor or qualified registered professional geologist with assistance from experts in related fields.
Authority The provisions of this § 87.65 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19a); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 87.65 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (198942) to (198943).
Cross References This section cited in 25 Pa. Code § 86.261 (relating to program services).
§ 87.66. Air pollution control plan.
The description shall include an air pollution control plan which includes the following:
(1) A plan for fugitive dust control practices, as required under § 87.137 (relating to air resources protection), and if applicable, how the requirements of Chapters 123 and 127 (relating to standards for contaminants; and construction, modification, reactivation and operation of sources) will be met.
(2) If required by the Department, an air quality control monitoring program to provide sufficient data to evaluate the effectiveness of the air pollution control plan.
Source The provisions of this § 87.66 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 86.261 (relating to program services).
§ 87.68. Reclamation information.
An application shall contain a plan for the reclamation of the lands within the proposed permit area, including, at a minimum, the following information:
(1) A timetable for the accomplishment of each major step in the reclamation plan.
(2) An estimate of the cost of reclamation of the proposed operation to be covered by a bond under Chapter 86, Subchapter F (relating to bonding and insurance requirements) with supporting calculations for the estimates.
(3) A plan for backfilling, soil stabilization, compacting and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area, in accordance with § § 87.141, 87.142, 87.144 and 87.145.
(4) A plan for removal, storage and redistribution of topsoil, subsoil and other material to meet the requirements of § § 87.96—87.100.
(5) A plan for revegetation as required in § § 87.147—87.153, 87.155 and 87.156, including, but not limited to, descriptions of the following:
(i) The schedule for revegetation.
(ii) The species and amounts per acre of seeds and seedlings to be used.
(iii) The method to be used in planting and seeding.
(iv) Mulching techniques, if required by the Department.
(v) Irrigation, if appropriate, and pest and disease control measures.
(vi) Techniques proposed to be used to determine the success of revegetation as required in § 87.156 (relating to revegetation: techniques and frequency of measurement).
(vii) A soil testing plan for determining nutrients and soil amendments as required by § 87.100 (relating to topsoil: nutrients and soil amendments).
(6) A description of measures to be employed to ensure that debris, acid-forming and toxic-forming materials and materials constituting a fire hazard are disposed of in accordance with § § 87.136 and 87.145 (relating to disposal of noncoal wastes; and backfilling and grading: covering coal and acid-forming and toxic-forming materials), and a description of the contingency plans which have been developed to preclude sustained combustion of the materials.
(7) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case or manage exploration holes, other bore holes, wells and other openings within the proposed permit area, in accordance with § 87.93 (relating to casing and sealing of drilled holes).
Source The provisions of this § 87.68 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 11, 1992, effective December 12, 1992, 22 Pa.B. 5945. Immediately preceding text appears at serial pages (158837) to (158838).
Cross References This section cited in 25 Pa. Code § 86.149 (relating to determination of bond amount); 25 Pa. Code § 86.261 (relating to program services); 25 Pa. Code § 87.141 (relating to backfilling and grading: general requirements); 25 Pa. Code § 87.147 (relating to revegetation: general requirements); and 25 Pa. Code § 87.149 (relating to revegetation: introduced species).
§ 87.69. Protection of hydrologic balance.
(a) Each application shall contain a detailed description, with appropriate maps and cross sections of the measures to be taken during and after the proposed surface mining activities in accordance with Subchapter E (relating to surface coal mines: minimum environmental protection performance standards), to ensure the protection of the quality and quantity of surface and groundwater systems, both within the proposed permit and adjacent areas, from the adverse effects of the proposed surface mining activities, and the rights of present users of surface and groundwater.
(b) Each application shall also contain the following:
(1) A plan for the control, in accordance with Subchapter E, of surface and groundwater drainage into, through and out of the proposed permit and adjacent area.
(2) A plan for the treatment, in accordance with Subchapter E, if necessary, of surface and groundwater drainage from the area to be disturbed by the proposed activities to meet the effluent standards in accordance with § 87.102 (relating to hydrologic balance: effluent standards).
(3) A plan for the restoration of the approximate recharge capacity of the permit and adjacent area in accordance with § 87.115 (relating to hydrologic balance: protection of groundwater recharge capacity).
(4) A plan for the collection, recording and reporting of groundwater and surface water quality and quantity data in accordance with § § 87.116 and 87.117 (relating to hydrologic balance: groundwater monitoring; and hydrologic balance: surface water monitoring). The plan shall identify monitoring locations and sampling frequency, and logically relate to the determination of probable hydrologic consequences in paragraph (5).
(5) A determination of the probable hydrologic consequences of the proposed surface mining activities, on the proposed permit and adjacent area, with respect to the hydrologic regime and the quantity and quality of water in surface and groundwater systems under all seasonal conditions. The determination shall address the parameters measured in accordance with § § 87.45 and 87.46 (relating to groundwater information; and surface water information).
Authority The provisions of this § 87.69 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19a); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 87.69 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (198944) to (198945).
Cross References This section cited in 25 Pa. Code § 86.37 (relating to criteria for permit approval or denial); 25 Pa. Code § 86.81 (relating to program services); 25 Pa. Code § 86.261 (relating to program services); and 25 Pa. Code § 87.117 (relating to hydrologic balance: surface water monitoring).
§ 87.70. Erosion and sedimentation control plan.
Each application shall contain the necessary information to demonstrate how the proposed sediment control measures for the surface mining and reclamation operation will meet the requirements of Chapter 102 (relating to erosion and sediment control) and the additional sediment control requirements of § 87.106 (relating to hydrologic balance: sediment control measures).
Source The provisions of this § 87.70 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 86.261 (relating to program services).
§ 87.71. Stream diversions, water obstructions and encroachments.
Each application shall contain the necessary information to demonstrate how each proposed water obstruction and encroachment will meet the requirements of Chapter 105 (relating to dam safety and waterway management) and § 87.104 (relating to stream channel diversions).
Source The provisions of this § 87.71 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 86.261 (relating to program services).
§ 87.72. Diversions.
Each application shall show the manner in which the applicant plans to divert water from entering the operation in accordance with § 87.105 (relating to hydrologic balance: diversions).
Source The provisions of this § 87.72 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 86.261 (relating to program services).
§ 87.73. Dams, ponds, embankments and impoundments.
(a) An application shall contain a general plan and a detailed design for each temporary and permanent dam, pond, embankment and impoundment, and coal refuse dam or embankment within the proposed permit area.
(b) The general plan shall contain the following:
(1) A description, map and cross section of the structure and its location.
(2) Preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure.
(3) A survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.
(4) A certification statement which includes a schedule setting forth the dates that detailed design plans for structures that are not submitted with the initial application. The detailed design of the structure shall be approved by the Department, in writing, before construction of the structure begins.
(c) The detailed design plan for a structure shall:
(1) Be prepared by, or under the direction of, and certified by a qualified registered professional engineer with assistance, as necessary, from experts in related fields such as geology, land surveying and landscape architecture, when a permit under Chapter 105 (relating to dam safety and waterway management) is required or when impoundments meet or exceed MSHA size classification or other criteria of 30 CFR 77.216(a) (relating to water sediment or slurry impoundment and impounding structures; general). When a permit under Chapter 105 is not required or when impoundments do not meet or exceed the MSHA size classification or other criteria of 30 CFR 77.216(a) (relating to water sediment or slurry impoundment and impounding structures; general), the detailed design plan shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer or qualified registered land surveyor.
(2) Include design and construction requirements for each structure, including required geotechnical information.
(3) Describe the operation and maintenance requirements for each structure.
(4) Describe the timetable and plans to remove each structure, if appropriate. An impounding structure constructed of coal refuse or used to impound coal refuse may not be retained permanently as part of the approved postmining land use, unless it develops into a fill meeting the construction requirements of § 90.122 (relating to coal refuse disposal).
(5) Include a stability analysis if the structure is more than 20 feet in height as measured from the upstream toe of the embankment to the crest of the emergency spillway or has a storage volume of more than 20 acre feet.
(d) The detailed design of sedimentation ponds shall include the information required by § 87.108 (relating to hydrologic balance: sedimentation ponds).
(e) The detailed design of a coal processing waste dam or embankment shall include the information required by Chapter 90 (relating to coal refuse disposal).
Authority The provisions of this § 87.73 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19a); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 87.73 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended February 17, 1984, 14 Pa.B. 524, effective August 4, 1984, 14 Pa.B. 2860; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (198946) to (198947).
Cross References This section cited in 25 Pa. Code § 86.261 (relating to program services); and 25 Pa. Code § 87.65 (relating to maps and plans).
§ 87.74. Coal refuse disposal.
Each application shall include the necessary information to demonstrate how the proposed disposal of coal refuse will meet the requirements of Chapter 90 (relating to coal refuse disposal).
Source The provisions of this § 87.74 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 86.261 (relating to program services); and 25 Pa. Code § 87.65 (relating to maps and plans).
§ 87.75. Postmining land uses.
(a) Each application shall contain a detailed description of the proposed use, following reclamation of the land within the proposed permit area, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the use to existing land use policies and plans. The description shall explain:
(1) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use.
(2) When pastureland is the postmining use, the detailed management plans to be implemented.
(3) When a land use different from the premining land use is proposed, all materials needed for approval of the alternative use under § 87.159 (relating to postmining land use).
(4) The consideration which has been given to making all of the proposed surface mining activities consistent with surface owner plans and applicable Commonwealth and local land use plans and programs.
(b) If an alternate land use is proposed, the description shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the Commonwealth and local government agencies which would have to initiate, implement, approve or authorize the proposed use of the land following reclamation.
Source The provisions of this § 87.75 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 86.261 (relating to program services); and 25 Pa. Code § 87.159 (relating to postmining land use).
§ 87.76. Surface mining near underground mining.
For surface mining activities within the proposed permit area to be conducted within 500 feet to any point of either an active or abandoned underground mine, the application shall describe the measures to be used to comply with § § 87.124—87.129 and 87.135.
Source The provisions of this § 87.76 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 86.261 (relating to program services).
§ 87.77. Protection of public parks and historic places.
(a) For publicly owned parks or historic places listed on the National Register of Historic Places that may be adversely affected by the proposed operations, each application shall describe the measures to be used to accomplish the following:
(1) Prevent adverse impacts and meet the requirements of Chapter 86, Subchapter D (relating to areas unsuitable for mining).
(2) Minimize adverse impacts, if valid existing rights exist or joint agency approval is to be obtained under Chapter 86, Subchapter D.
(b) The Department may require the applicant to protect historic or archaeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance. The required measures shall be completed before the properties are affected by surface mining activity.
Source The provisions of this § 87.77 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial page (239639).
Cross References This section cited in 25 Pa. Code § 86.81 (relating to program services); and 25 Pa. Code § 86.261 (relating to program services).
§ 87.78. Public roads.
Each application shall include a description and necessary drawings, approved by the Department of Transportation or the municipality having jurisdiction of the road, if the applicant proposes to relocate a public road or conduct surface mining activities within 100 feet of the right-of-way of any public road, except where the mine access joins that right-of-way.
Source The provisions of this § 87.78 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 86.81 (relating to program services); and 25 Pa. Code § 86.261 (relating to program services).
§ 87.79. Disposal of excess spoil.
(a) Each application shall contain a description, including appropriate maps and cross sections, of the proposed disposal site and design of the spoil disposal structures according to § 87.131 (relating to disposal of excess spoil). The description shall include the geotechnical investigation, design, construction, operation, maintenance and removal, if appropriate, of the site and structures.
(b) The geotechnical investigation of the proposed disposal site shall include the following:
(1) The character of bedrock and any adverse geologic condition in the disposal area.
(2) A survey identifying all springs, seepage and groundwater flow observed or anticipated during wet periods in the area of the disposal site.
(3) A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations.
(4) A technical description of the rock materials to be utilized in the construction of those disposal facilities underlain by a rock drainage blanket.
(5) A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.
(c) If rock-toe buttresses or key-way cuts are required according to § 87.131(k), the description shall include the following:
(1) The number, location and depth of or test pits with respect to the size of the spoil disposal structures and subsurface conditions.
(2) Design parameters utilized to design the rock-toe buttress or key-way cuts.
Source The provisions of this § 87.79 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 86.261 (relating to program services); 25 Pa. Code § 87.65 (relating to maps and plans); and 25 Pa. Code § 87.131 (relating to disposal of excess spoil).
§ 87.80. Haul roads, access roads and other transportation facilities.
For each haul road, access road or other transportation facility, the application shall contain a description of the road or facility and appropriate maps, plans, cross-sections and specifications to demonstrate compliance with § § 87.160 and 87.166 (relating to haul roads and access roads; and haul roads and access roads: restoration); or § 87.172 (relating to other transportation facilities).
Source The provisions of this § 87.80 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 86.261 (relating to program services).
§ 87.81. Steep slope operations.
For surface mining activities to be conducted on steep slopes, the application shall contain sufficient information to establish that the operation will be conducted in compliance with the requirements of § 87.174 (relating to steep slope operations). When a variance from regrading the land to approximate original contour is requested, the application shall contain sufficient information to establish that the operation will be conducted in compliance with the requirements of § 87.175 (relating to variance to contouring).
Source The provisions of this § 87.81 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 86.261 (relating to program services).
§ 87.82. Auger mining.
For surface mining activities utilizing augering operations, the application shall contain a description of the augering methods to be used and sufficient information to demonstrate compliance with § 87.176 (relating to auger mining).
Source The provisions of this § 87.82 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 86.261 (relating to program services).
§ 87.83. Prime farmlands.
A person who conducts, or intends to conduct, surface coal mining and reclamation operations on prime farmland historically used for cropland shall submit a plan, as part of the permit application, for the mining and restoration of the land. The plan shall contain at a minimum:
(1) The proposed method and type of equipment to be used for removal, storage and replacement of the soil in accordance with § § 87.177—87.181.
(2) The proposed measures to be taken during soil reconstruction to prevent excessive compaction and achieve soil bulk densities which will result in the restored area returned to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management.
(3) The location of areas to be used for the separate stockpiling of the soil and plans for soil stabilization before distribution.
(4) If applicable, documentation, such as agricultural school studies or other scientific data from comparable areas, that supports the use of other suitable material, instead of the B or C soil horizon, to obtain on the restored area equivalent or higher levels of yield as nonmined prime farmlands in the surrounding area under equivalent levels of management.
(5) Plans for seeding or cropping the final graded disturbed land and the conservation practices to be used to adequately control erosion and sedimentation and restoration of an adequate soil moisture regime, during the period from completion of regrading until release of the bond under Chapter 86 Subchapter F (relating to bonding and insurance requirements). Proper adjustments for seasons shall be proposed so that final graded land is not exposed to erosion during seasons when vegetation or conservation practices cannot be established due to weather conditions.
(6) Available agricultural school studies or other scientific data for areas with comparable soils, climate and management—including water management—that demonstrate that the proposed method of reclamation will achieve, within a reasonable time, equivalent or higher levels of yield after mining as existed before mining.
(7) A soil survey with description of soil mapping units and representative soil profile under § 87.53(d)(1) (relating to prime farmland investigation). The soil profile description shall include, but not be limited to, soil horizon depths, pH and range of soil densities for each prime farmland soil unit within the proposed permit area. The Department may require the applicant to provide information on other physical and chemical soil properties as needed to make a determination that the operator has the technological capability to restore the prime farmland within the permit area to the soil reconstruction standards of § § 87.178—87.181.
Source The provisions of this § 87.83 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148637) to (148638).
Cross References This section cited in 25 Pa. Code § 87.177 (relating to prime farmland: special requirements); 25 Pa. Code § 87.180 (relating to prime farmland: soil replacement); and 25 Pa. Code § 87.181 (relating to prime farmland: revegetation).
§ 87.84. Fish and wildlife protection and enhancement plan.
(a) An application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act of 1973, act of December 28, 1973 (Pub. L. No. 93-205) (87 Stat. 884), during the surface mining activities and how enhancement of these resources will be achieved where practicable. This description shall:
(1) Be consistent with the requirements of § 87.138 (relating to protection of fish, wildlife and related environmental values).
(2) Apply, at a minimum, to species and habitats identified under § 87.50 (relating to fish and wildlife resource information).
(3) Include the following:
(i) Protective measures that will be used during the active mining phase of operation. The measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines and the monitoring of surface water quality and quantity.
(ii) Enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. The measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover and the replacement of perches and nest boxes. If the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.
(b) The Department will provide the resource information required under § 87.50 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 same 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.
Source The provisions of this § 87.84 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial page (148639).
Cross References This section cited in 25 Pa. Code § 86.81 (relating to program services); and 25 Pa. Code § 87.50 (relating to fish and wildlife resource information).
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