Subchapter C. RECLAMATION
INFORMATION REQUIREMENTS Sec.
89.71. General requirements.
89.72. Land use information.
89.73. Vegetation information.
89.74. Fish and wildlife resource information.
89.75. [Reserved].
PERFORMANCE STANDARDS
89.81. Cessation of operations: permanent.
89.82. Protection of fish, wildlife and related environmental values.
89.83. Closing of underground mine openings.
89.84. Backfilling and grading.
89.85. Topsoil use.
89.86. Revegetation.
89.87. Regrading or stabilizing rills and gullies.
89.88. Postmining land use.
89.89. Permanent impoundments.
89.90. Restoration of roads.
89.91. [Reserved].
89.92. [Reserved].
89.94. [Reserved].§ 89.71. General requirements.
(a) The application shall contain a reclamation plan for lands which have been or will be disturbed in support of the underground mining activities. The reclamation plan shall include, at a minimum, the information required in this subchapter, and shall be designed and implemented to achieve the performance standards in this subchapter.
(b) The reclamation plan shall contain the following information:
(1) A timetable for the completion 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 this title, with supporting calculations for the estimates.
(3) A plan for mine closure. The plan shall describe how mine closure shall achieve compliance with the performance standards of this chapter and the requirements of the acts. The description shall include a discussion of the hydrologic effects of closure based on conditions at the time of closure. The plan shall also contain a detailed description of each opening into the mine, including drifts, slopes, shafts and boreholes. The description of each opening shall include:
(i) The location on a USGS topographic map.
(ii) The elevation of the opening at the surface and at the coal seam.
(iii) A drawing which shows the details of the actual construction features.
(iv) Whether the opening is open, temporarily closed or permanently sealed at the time of submittal of the reclamation plan.
(v) A discussion and drawing of the proposed or existing seals.
(vi) An engineering and hydrologic justification for the proposed seal design.
(4) 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 disturbed area in accordance with the performance standards of this chapter.
(5) A plan for redistribution of topsoil, subsoil and other material to meet the performance standards of this chapter.
(6) A plan for revegetation as required in § 89.86 (relating to revegetation).
(7) A plan for controlling erosion and sedimentation during reclamation.
(c) The plan shall contain a description of the proposed use, following reclamation, of the lands to be affected within the proposed permit area by surface operations or facilities, 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) The necessary support activities which may be needed to achieve the proposed land use, including the location and use of facilities that will remain after the completion of mining.
(2) When a land use different from the premining land use is proposed, all materials needed for approval of the alternative use under § 89.88 (relating to postmining land use).
(3) The consideration given to making all the proposed underground mining activities consistent with surface owner plans and applicable State and local land use plans and programs.
(d) 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 surface operations or facilities within the proposed permit area, and from the State 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 § 89.71 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; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148940) to (148942).
Cross References This section cited in 25 Pa. Code § 86.149 (relating to determination of bond amount).
§ 89.72. Land use information.
(a) The reclamation plan shall contain a statement of the condition, capability and productivity of lands greater than 5 acres which will be affected by surface operations and facilities within the proposed permit area, including the following:
(1) A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within 5 years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described.
(2) A narrative of land capability and productivity, which analyzes the land use description under this subsection in conjunction with other environmental resources information required under this chapter. The narrative shall provide analysis of the following:
(i) The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the area proposed to be affected by surface operations or facilities.
(ii) When applicable, the productivity of the area proposed to be affected by surface operations and facilities before mining, expressed as average yield of food, fiber, forage or wood products from the lands obtained under high levels of management. The productivity shall be determined by yield data, estimates for similar sites or predictions based on current data from the United States Department of Agriculture or the Pennsylvania Department of Agriculture.
(b) The plan 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.
Source The provisions of this § 89.72 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.
§ 89.73. Vegetation information.
(a) The reclamation plan shall, if required by the Department, contain a map that delineates existing vegetative types and a description of the plant communities within the area affected by surface operations and facilities and within any proposed reference area. This description shall include information adequate to predict the potential for reestablishing vegetation.
(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.
Source The provisions of this § 89.73 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.
§ 89.74. Fish and wildlife resource information.
(a) An application shall include fish and wildlife resource information for the proposed permit area and adjacent area.
(1) The scope and level of detail for the information shall be determined by the Department in consultation with State and Federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under subsection (b).
(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 (16 U.S.C.A. § § 1531—1544), or those species or habitats protected by State law or regulations, including species listed as threatened or endangered by the Game Commission and the Fish Commission.
(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas.
(iii) Other species or habitats identified through agency consultation as requiring special protection under State or Federal law.
(b) 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, during the underground mining activities and how enhancement of these resources will be achieved where practicable. This description shall:
(1) Be consistent with the requirements of § 89.82 (relating to protection of fish, wildlife and related environmental values).
(2) Apply, at a minimum, to species and habitats identified under subsection (a).
(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.
(c) The Department will provide the resource information required under subsection (a) and the protection and enhancement plan required under subsection (b) 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.
Source The provisions of this § 89.74 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148943) to (148944).
Cross References This section cited in 25 Pa. Code § 86.81 (relating to program services).
§ 89.75. [Reserved].
Source The provisions of this § 89.75 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
PERFORMANCE STANDARDS
§ 89.81. Cessation of operations: permanent.
(a) The operator shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with this chapter and according to the permit approved by the Department.
(b) All surface equipment, structures or other facilities not required for monitoring shall be removed and the affected lands reclaimed unless an alternative postmining land use has been approved by the Department.
(c) Changes in the water quality and quantity, depth to groundwater and location of surface water drainage channels shall be minimized so that the approved postmining land use is not adversely affected.
Source The provisions of this § 89.81 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 § 88.493 (relating to minimum environmental protection performance standards); and 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.82. Protection of fish, wildlife and related environmental values.
(a) The operator shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts on fish, wildlife and related environmental values, and achieve enhancement of the resources where practicable.
(b) The operator shall promptly report to the Department the presence in the permit area of threatened or endangered species under State or Federal laws of which that person becomes aware and which was not previously reported to the Department by that person. Upon notification, the Department will consult with the Game Commission or the Fish and Boat Commission and appropriate Federal fish and wildlife agencies and, after consultation, identify whether, and under what conditions, the operator may proceed.
(c) The operator shall, to the extent possible using the best technology currently available:
(1) Restore, and enhance when practicable, natural riparian vegetation on the banks of streams, lakes and other wetland areas.
(2) Select plant species for their proven nutritional value and their ability to support and enhance fish and wildlife habitat, when the postmining land use is to be fish and wildlife habitat. Plants should be grouped and distributed in a manner which optimizes edge effect, cover and other benefits for fish and wildlife.
(3) Intersperse reclaimed lands with green belts, utilizing species of grass, shrubs and trees useful as food and cover for birds and small animals, when the postmining land use is to be residential, public service or industrial land use.
(4) Design fences, overland conveyors and other potential barriers to permit passage for large mammals, except where the Department determines that these requirements are unnecessary.
(5) Fence, cover or use other appropriate methods to exclude wildlife from ponds which contain hazardous concentrations of toxic-forming materials.
(d) Underground mining activities may not be conducted in a manner which would result in the unlawful taking of a bald or golden eagle, its nest or its eggs. The operator shall promptly report to the Department a golden or bald eagle nest within the permit area of which the operator becomes aware. Upon notification the Department will consult with the United States Fish and Wildlife Service and the Game Commission and, after consultation, will identify whether, and under what conditions, the operator may proceed.
(e) Underground mining activities may not be conducted which are likely to jeopardize the continued existence of endangered or threatened species listed by the Secretary of the Interior, the Game Commission or the Fish and Boat Commission or which are likely to result in the destruction or adverse modification of designated critical habitats of these species in violation of the Endangered Species Act of 1973 (16 U.S.C.A. § § 1531—1544).
Authority The provisions of this § 89.82 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19a); the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § § 1406.1—1406.21); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 89.82 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; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (207618) to (207619).
Cross References This section cited in 25 Pa. Code § 89.74 (relating to fish and wildlife resource information); and 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.83. Closing of underground mine openings.
(a) Upon completion of mining, openings, except those approved for water monitoring or otherwise managed in a manner approved by the Department, shall be closed to prevent degradation of surface and groundwaters; to assist in returning the groundwater as near to its premining level as possible; to assist in returning the hydrologic balance as near to its premining condition as possible; to prevent underground mine fires; to prevent access to underground workings; and to ensure the safety of people, livestock, fish and wildlife. Prior to closing an opening, the plan for the closing shall be approved by the Department.
(b) During operation of a mine, openings that become inactive and have no further use shall be immediately closed in accordance with subsection (a).
(c) Temporarily inactive openings shall be closed to ensure the safety of people, livestock, fish and wildlife in accordance with § 89.68 (relating to cessation of operations: temporary).
(d) If water from a coal mining activity is discharged into an underground mine for treatment with the drainage from the mine, that underground mine may not be closed or sealed until the permittee of the coal mining activity applies for and receives approval from the Department for an alternate water handling procedure.
Source The provisions of this § 89.83 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 page (148947).
Cross References This section cited in 25 Pa. Code § 86.133 (relating to general requirements); 25 Pa. Code § 86.134 (relating to coal exploration performance and design standards); 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards); 25 Pa. Code § 89.68 (relating to cessation of operations: temporary); and 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.84. Backfilling and grading.
(a) A surface area disturbed incidental to underground mining activities shall be backfilled and graded in accordance with the time schedule in the reclamation plan and § § 87.141, 87.142, 87.144 and 87.145.
(b) Backfilled material shall be placed to prevent adverse effects on groundwater, prevent offsite effects and support the approved postmining land use.
Source The provisions of this § 89.84 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 (148947) to (148948).
Cross References This section cited in 25 Pa. Code § 89.23 (relating to diversion and conveyance of overland flow); 25 Pa. Code § 89.56 (relating to stream channel diversions); and 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.85. Topsoil use.
(a) After final grading, and prior to placing of topsoil or other material, regraded land shall be scarified or otherwise treated as required to eliminate slippage-surfaces and to promote root penetration. If no harm will be caused to the topsoil and vegetation, scarification may be conducted after topsoil is applied.
(b) Topsoil and other materials shall be placed in a manner that:
(1) Achieves an approximate uniform, stable thickness consistent with the postmining land uses, slopes and surface drainage system.
(2) Prevents excess compaction of the topsoil and other materials.
(3) Protects the topsoil and other materials from wind and water erosion before and after it is seeded and planted.
(c) Nutrients and soil amendments in the amounts determined by soil tests shall be applied to the redistributed surface soil layer so that it supports the approved postmining land use and meets the revegetation requirements of § 89.86 (relating to revegetation). Soil tests shall be performed by a qualified laboratory using standard methods approved by the Department.
Source The provisions of this § 89.85 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 § 89.22 (relating to topsoil removal and storage); 25 Pa. Code § 89.23 (relating to diversion and conveyance of overland flow); 25 Pa. Code § 89.56 (relating to stream channel diversions); 25 Pa. Code § 89.90 (relating to restoration of roads); and 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.86. Revegetation.
(a) General requirements for revegetation are as follows:
(1) The operator shall establish, on areas disturbed by surface operations and facilities, effective, diverse and permanent vegetative cover. For areas designated as prime farmland, the requirements of Subchapter E (relating to prime farmlands) apply.
(2) Revegetation shall comply with the reclamation plan submitted under this subchapter and approved by the Department in the permit, and shall be carried out in a manner that encourages a prompt vegetative cover and recovery of productivity levels compatible with the approved postmining land use.
(i) Disturbed lands, except water areas and surface areas of roads that are approved as part of the postmining land use, shall be seeded or planted to achieve a permanent vegetative cover.
(ii) The vegetative cover shall be of the same seasonal characteristics of growth as the original vegetation and be capable of self-regeneration and plant succession.
(iii) Vegetative cover shall be at least equal in extent of cover to the natural vegetation of the area.
(iv) If the postmining land use is cropland, planting of the crops normally grown shall meet the requirements of subparagraph (i).
(b) If approved by the Department, introduced species may be used to achieve a quick, temporary cover that will stabilize the area, or when necessary and desirable to achieve the approved postmining land use. The following requirements shall be met:
(1) The species used for temporary cover are replaced by permanent vegetation that supports the approved postmining land use.
(2) The species are compatible with the plant and animal species of the region.
(3) The species meet the requirements of applicable State and Federal seed or introduced species statutes, and are not poisonous or noxious.
(c) Seeding and planting of disturbed areas shall be conducted during the first normal period for favorable planting conditions after final preparation. The normal period for favorable planting shall be that planting time generally accepted locally for the type of plant materials selected. When necessary to effectively control erosion, a disturbed area shall be seeded, as contemporaneously as practicable, with a temporary cover of small grains, grasses or legumes until a permanent cover is established.
(d) Mulching and other soil stabilizing practices shall be as follows:
(1) Suitable mulch or other soil stabilizing practices shall be used on regraded and topsoiled areas to control erosion, to promote germination of seeds or to increase the moisture retention of the soil. The Department may, on a case-by-case basis, suspend the requirement for mulch if the operator can demonstrate that alternative procedures do not cause or contribute to pollution.
(2) Mulches shall be anchored to the soil surface to assure effective protection of the soil and vegetation when required by the Department.
(3) Annual grasses and grains may be used alone or in conjunction with another mulch if the Department determines they will provide adequate soil erosion control and will later be replaced by perennial species approved for the postmining land use.
(4) Chemical soil stabilizers, alone or in combination with appropriate mulches, may be used in conjunction with vegetative covers approved for the postmining land use.
(e) Standards for successful revegetation shall be as follows:
(1) When the approved postmining land use is cropland:
(i) The standards for successful revegetation shall be based upon crop productivity, yield or soil tests.
(ii) The approved standard shall be the average yield per acre for the crop and soil type as specified in the Soil Surveys of the United States Department of Agriculture Natural Resources Conservation Service.
(iii) The productivity or yield of the mined area shall be equal to or greater than the approved standard for the last 2 consecutive growing seasons of the 5-year responsibility period established in this section. Productivity or yield shall be considered equal if production or yield is at least 90% of the approved standard.
(2) When the approved postmining land use is other than cropland:
(i) The standards for successful revegetation shall be determined by ground cover.
(ii) The approved standard shall be the percent ground cover of the vegetation which exists on the proposed area to be affected by mining activities. The Department will not approve less than a minimum of 70% ground cover of permanent plant species with not more than 1.0% of the area having less than 30% ground cover with no single or contiguous area having less than 30% ground cover exceeding 3,000 square feet. When woody species are planted in mixture with herbaceous species, the standards in this paragraph shall be met and 400 woody plants shall be planted per acre except:
(A) On slopes greater than 20 degrees, the minimum number of woody plants shall be 600 per acre.
(B) When the approved postmining land use is commercial forest land, the minimum number of woody plants shall be 450 trees per acre with at least 75% commercial tree species.
(C) When the approved postmining land use is wildlife habitat, a minimum of 75% of the land affected shall be planted with a mixture and minimum of 400 woody plants per acre. The configuration and species composition of the cover types shall be established in accordance with guidelines established by the Fish and Boat Commission and the Game Commission.
(iii) For purposes of measuring the stocking standards for woody species, the following shall apply:
(A) Root crown or root sprouts over 1 foot in height shall count as one toward meeting the stocking requirements. When multiple stems occur, only the tallest stem will be counted.
(B) A tree or shrub shall count as one toward meeting the stocking requirements if the tree or shrub has been in place at least 2 growing seasons and is alive and healthy with at least 1/3 of its length in live crown.
(iv) The percent ground cover of the reclaimed area shall meet the standards of this paragraph for a minimum of the last 2 consecutive years of the 5-year period of responsibility, and the 5-year period of responsibility shall commence after the last year of augmented seeding and fertilizing.
(v) For purposes of this section, herbaceous species means grasses, legumes and nonleguminous forbs; woody plants means woody shrubs, trees and vines; and ground cover means the area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally onsite, expressed as percentage of the total area of measurement.
(3) When the approved postmining land use is pastureland, the crop productivity standards of paragraph (1) and the ground cover standards of paragraph (2) shall be met.
(f) Exceptions to the standards contained in this section may be authorized by the Department under the following conditions:
(1) For previously mined areas that were not reclaimed to the requirements of this subchapter, as a minimum, the ground cover of living plants may not be less than that which can be supported by the best available topsoil or other suitable material in the reaffected area, may not be less than the ground cover existing before redisturbance and shall be adequate to control erosion.
(2) For areas to be developed for industrial or residential use less than 2 years after regrading is completed, the ground cover of living plants may not be less than that required to control erosion.
(g) The operator shall:
(1) Maintain necessary fences and proper management practices.
(2) Conduct periodic measurements of vegetation, soils and water prescribed or approved by the Department, to identify conditions during the applicable period of liability specified in subsection (e) and § 86.151 (relating to period of liability).
Authority The provisions of this § 89.86 amended under section 5 of The Clean Streams Law (35 P.S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.4(a) and 1396.4b); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7(b)); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 89.86 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 June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (244267) to (244270).
Cross References This section cited in 25 Pa. Code § 86.151 (relating to period of liability); 25 Pa. Code § 86.172 (relating to criteria for release of bond); 25 Pa. Code § 89.23 (relating to diversion and conveyance of overland flow); 25 Pa. Code § 89.56 (relating to stream channel diversions); 25 Pa. Code § 89.71 (relating to general requirements); 25 Pa. Code § 89.85 (relating to topsoil use); 25 Pa. Code § 89.90 (relating to restoration of roads); 25 Pa. Code § 89.112 (relating to impoundments); 25 Pa. Code § 89.134 (relating to revegetation); and 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.87. Regrading or stabilizing rills and gullies.
(a) Exposed surface areas shall be protected and stabilized to effectively control erosion and air pollution attendant to erosion.
(b) Rills and gullies, which form in areas that have been regraded and topsoiled and which do one of the following shall be filled, regraded or otherwise stabilized:
(1) Disrupt the approved postmining land use or the reestablishment of the vegetative cover.
(2) Cause or contribute to a violation of water quality standards for receiving streams.
(c) For areas listed in subsection (b), the topsoil shall be replaced, and the areas shall be reseeded or replanted.
Source The provisions of this § 89.87 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 page (207624).
Cross References This section cited in 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.88. Postmining land use.
(a) Surface land areas affected by underground mining activities shall be restored, in a timely manner, to conditions that are capable of supporting the use which the areas were capable of supporting before any mining, or to higher or better uses achievable under the criteria and procedures of subsection (c).
(b) The premining use of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land had not been previously mined and had been properly managed.
(c) Alternative land uses may be approved by the Department after consultation with the landowner or the land management agency having jurisdiction over the lands, if the following apply:
(1) The proposed alternative land use is compatible with adjacent land use and, when applicable, with existing local, State or Federal land use policies and plans. When an alternative land use is proposed, the Department will notify authorities with statutory responsibility for land use policies and plans. These authorities shall have 60 days to submit written statements on the proposed alternative land use. Any required approval of local, State or Federal land management agencies, including any necessary zoning or other changes required for the land use, is obtained and remains valid throughout the mining activities.
(2) The proposed postmining land use is reasonably likely to be achieved which may be demonstrated by the following or other similar criteria: Specific plans are prepared and submitted to the Department which show the feasibility of the alternative land use as related to projected land use trends and markets, which include a schedule showing how the proposed use will be developed and achieved within a reasonable time after mining, and which show how the use will be sustained. The Department may require appropriate demonstrations to show how the use will be sustained. The Department may require appropriate demonstrations to show that the planned procedures are feasible, reasonable and integrated with mining and reclamation, and that the plans will result in successful reclamation.
(3) The proposed uses will neither present actual nor probable hazard to public health, safety or water flow diminution or pollution.
(4) The proposed uses will not involve unreasonable delays in reclamation.
(5) Necessary approval of measures to prevent adverse effects on fish, wildlife and related environmental values and threatened or endangered plants are obtained from the Department and appropriate State and Federal fish and wildlife management agencies.
(6) Proposals to change premining land uses of range, fish and wildlife habitat, forest land, hayland or pasture to a postmining cropland use, when the cropland would require continuous maintenance such as seeding, plowing, cultivation, fertilization or other similar practices to be practicable or to comply with applicable Federal, State and local laws, have been reviewed by the Department to ensure that:
(i) There is a firm written commitment by the operator or by the landowner or land manager to provide sufficient crop management after release of applicable performance bonds under Chapter 86, Subchapter F (relating to bonding and insurance requirements) to assure that the proposed postmining cropland use remains practical and reasonable.
(ii) There is sufficient water available and committed to maintain crop production.
(iii) Topsoil quality and depth are sufficient to support the proposed use.
Source The provisions of this § 89.88 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 May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (207624) to (207626).
Cross References This section cited in 25 Pa. Code § 86.37 (relating to criteria for permit approval or denial); 25 Pa. Code § 86.151 (relating to period of liability); 25 Pa. Code § 86.172 (relating to criteria for release of bond); 25 Pa. Code § 86.174 (relating to standards for release of bonds); 25 Pa. Code § 88.492 (relating to minimum requirements for reclamation and operation plan); 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards); 25 Pa. Code § 89.71 (relating to general requirements); 25 Pa. Code § 89.142a (relating to subsidence control: performance standards); and 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.89. Permanent impoundments.
Permanent impoundments are prohibited unless authorized by the Department, upon the basis of the following demonstration:
(1) The quality of the impounded water shall be suitable, on a permanent basis, for its intended use, and discharge or water from the impoundment shall not degrade the quality of receiving waters of the Commonwealth to less than the water quality standards established under applicable State and Federal laws.
(2) The level of water shall be sufficiently stable to support the intended use.
(3) Adequate safety and access to the impounded water shall be provided for proposed water users.
(4) Water impoundments will not result in the diminution of the quality or quantity of water used by adjacent or surrounding landowners for agricultural, industrial, recreational or domestic uses.
(5) The design, construction and maintenance of structures shall achieve the minimum design requirements of § 89.111 or § 89.112 (relating to performance standards) as appropriate.
(6) The size of the impoundment is adequate for its intended purposes.
(7) The impoundment will be suitable for the approved postmining land use.
Source The provisions of this § 89.89 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 § 89.173 (relating to performance standards).
§ 89.90. Restoration of roads.
(a) Unless the Department approves retention of a road as suitable for the approved postmining land use, as soon as practicable after the road is no longer needed for operations, reclamation or monitoring:
(1) The road shall be closed to vehicular traffic.
(2) The natural drainage patterns shall be restored.
(3) Bridges and culverts shall be removed.
(4) Roadbeds shall be ripped or scarified.
(5) Fill slopes shall be rounded or reduced and shaped to conform the site to adjacent terrain and to meet natural drainage restoration standards.
(6) Cut slopes shall be shaped to blend with the natural contour.
(7) Cross drains, dikes and water bars shall be constructed to minimize erosion.
(8) Terraces shall be constructed as necessary to prevent excessive erosion and to provide long-term stability in cut-and-fill-slopes.
(9) Road surfaces shall be covered with topsoil in accordance with § 89.85(b) (relating to topsoil use) and revegetated in accordance with § 89.86 (relating to revegetation).
(b) Road-surfacing materials shall be removed, hauled or conveyed, and disposed of in accordance with § 89.63 (relating to disposal of noncoal wastes).
Source The provisions of this § 89.90 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 pages (207627) to (207628).
Cross References This section cited in 25 Pa. Code § 89.26 (relating to roads); and 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.91. [Reserved].
Source The provisions of this § 89.91 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
§ 89.92. [Reserved].
Source The provisions of this § 89.92 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
§ 89.94. [Reserved].
Source The provisions of this § 89.94 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
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