25 Pa. Code Ch. 77 — Noncoal Mining

§ 77.404. Geology description. An application shall contain a description of the geology within the proposed permit and adjacent area down to and including the first aquifer system that may be affected below the lowest mineral extraction level, including the following: (1) The st…

§ 77.405. Groundwater information. (a) The application shall contain a description of the groundwater hydrology for the proposed permit and general area, including: (1) The depths to groundwater in the area. (2) The uses of the groundwater. (3) The chemical characteristics of gro…

§ 77.406. Surface water information. (a) An application 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 discharge…

§ 77.407. Alternative water supply information. The application shall identify the extent to which the proposed surface mining activities may result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent ar…

§ 77.408. Vegetation information. When the postmining land use requires, an application shall contain a description of the extent of cover, in percent groundcover, of the natural vegetation within the proposed permit area. When the postmining land use is wildlife habitat, the des…

§ 77.409. Land use information. An application shall contain a statement and map of the uses, condition, capability and productivity of the land within the proposed permit area, including: (1) A map and supporting narrative of the uses of the land existing at the time of the fili…

§ 77.41. [Reserved]. Source The provisions of this § 77.41 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1…

§ 77.410. Maps, cross sections and related information. (a) An application shall contain maps and plans of the proposed permit area and within 1,000 feet of the permit area, except as otherwise designated by the Department, showing the following: (1) The boundaries and names of p…

§ 77.42. [Reserved]. Source The provisions of this § 77.42 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1…

§ 77.451. Requirements. As part of a permit application, the applicant shall provide a description of the surface mining activities in the detail required by the Department showing the manner in which this chapter will be met. The description shall include, at a minimum, the info…

§ 77.452. Operational information. An application shall contain a description of the noncoal mining activities proposed to be conducted within the proposed permit area, including the following: (1) A description of the type and method of noncoal mining procedures and anticipated …

§ 77.453. Blasting plan. (a) An application for proposed blasting shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with § § 77.561—77.565 (relating to use of explosives) and including the following: (1) Drilling patterns, …

§ 77.454. Maps and plans. (a) An application shall contain maps and plans of the proposed permit area and areas within 1000 feet, except as otherwise designated by the Department, showing the following: (1) The boundaries of lands to be affected by the proposed operation and the …

§ 77.455. 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 § 77.575 (relating to air resources protection), and if applicable, how the requiremen…

§ 77.456. Reclamation information. An application shall contain a plan for the reclamation of lands within the proposed permit area the following information: (1) A timetable describing the steps to be taken in the reclamation plan and their relative sequence to each other to mee…

§ 77.457. Protection of hydrologic balance. (a) An application shall contain a description, with appropriate maps and cross sections of the measures to be taken during and after the proposed noncoal mining activities under Subchapter I (relating to environmental protection perfor…

§ 77.458. Erosion and sedimentation control plan. An 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 s…

§ 77.459. Stream diversions, water obstructions and encroachments. An 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)…

§ 77.460. Diversions. An application shall show the manner in which the applicant plans to divert water from entering the operation under § 77.524 (relating to diversions and conveyance). Source The provisions of this § 77.460 adopted March 16, 1990, effective March 17, 1990, 20 …

§ 77.461. Dams, ponds, embankments and impoundments. (a) An application shall contain a general plan and a design plan in the detail required by the Department for each temporary and permanent dam, pond, embankment or impoundment within the proposed permit area. (b) The general p…

§ 77.462. Postmining land uses and alternative restoration. (a) An application shall contain a description and a map showing the proposed use, following reclamation of the land within the proposed permit area. (b) An application shall contain one of the following: (1) A descripti…

§ 77.463. Surface mining near underground mining. For surface mining activities within the proposed permit area to be conducted within 500 feet to a point of either an active or abandoned underground mine, the application shall describe the measures to be used to comply with § § …

§ 77.464. Protection of public parks and historic places. For public parks or historic places that may be adversely affected by the proposed operations, an application shall describe the measures to be used to minimize or prevent these impacts and meet the requirements of this ti…

§ 77.465. Public highways. If the applicant proposes to relocate a public highway, or conduct surface mining activities within 100 feet of the right-of-way of a public highway, except where the mine access joins that right-of-way, the application shall include a description and n…

§ 77.466. Haul roads. For each haul 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 § § 77.631 and 77.632 (relating to general …

§ 77.501. Requirements. A person who conducts noncoal mining activities shall comply with the performance standards and design requirements of this subchapter. Source The provisions of this § 77.501 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.

§ 77.502. Signs and markers. (a) The operator shall identify the operation for the duration of the surface mining activities by posting and maintaining a sign which will be clearly visible at the junction of each haul road and the public highway. The sign shall be constructed of …

§ 77.503. Casing and sealing of drilled holes. (a) An exploration hole, other drill or borehole, well or other exposed underground opening—except for holes solely drilled and used for blasting—or other opening exposed during surface mining activities shall be cased, sealed or oth…

§ 77.504. Distance limitations and areas designated as unsuitable for mining. (a) Except as provided in subsection (b), a person may not conduct noncoal surface mining activities, other than borrow pits for highway construction purposes, as follows: (1) Within 100 feet (30.48 met…

§ 77.51. License requirement. (a) Operator’s license required. A person who conducts noncoal surface mining as an operator within this Commonwealth shall first obtain a noncoal surface mining operator’s license from the Department. (b) Noncoal surface mining operator’s license ap…

§ 77.511. General requirements. Topsoil and, if necessary, suitable subsoil shall be separately removed, segregated and conserved as necessary for reclamation. Topsoil in excess of that needed for reclamation, as demonstrated by the applicant, may be removed from the site. Source…

§ 77.512. Removal. (a) Topsoil shall be removed from the areas to be disturbed, including the haul road area in a separate layer prior to drilling—except exploratory drilling—blasting, mining or other surface disturbance. (b) On areas that have been previously affected by mining …

§ 77.513. Storage. (a) Topsoil and other materials removed under § § 77.511 and 77.512 (relating to general requirements; and removal) shall be stockpiled and selectively placed on a stable area within the permit area and located where the material, unless approved by the Departm…

§ 77.514. Redistribution. (a) Prior to redistribution of topsoil or other material, the regraded land shall be scarified or otherwise treated to eliminate slippage surfaces and to promote root penetration. (b) Topsoil and other materials shall be redistributed in a manner that: (…

§ 77.515. Nutrients and soil amendments. (a) Nutrients and soil amendments in the amounts determined by soil tests shall be applied to the surface soil layer so that it supports the approved postmining land use and meets the revegetation requirements of § § 77.611—77.618 (relatin…

§ 77.52. Informal hearing. (a) Prior to the final action of not issuing, renewing or amending a license, the Department will notify the applicant in writing of the intention not to issue, renew or amend the license, and of the opportunity to an informal hearing. (b) If the applic…

§ 77.521. General requirements. (a) Noncoal mining activities shall be planned and conducted to minimize disturbances to the prevailing hydrologic balance in the permit and adjacent areas. (b) Changes in water quality and quantity, the depth to groundwater and the location of sur…

§ 77.522. Effluent standards. (a) At a minimum, the discharge of water from areas disturbed by noncoal mining activities shall comply with the following limitations: (1) pH 6—9. (2) Other parameters the Department may require. (b) In addition to subsection (a), the discharge of w…

§ 77.523. Water obstructions and encroachments. A water obstruction or encroachment shall meet the requirements of Chapter 105 (relating to dam safety and waterway management). Source The provisions of this § 77.523 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.…

§ 77.524. Diversions and conveyance. (a) Overland flow, shallow groundwater flow from undisturbed areas and flow in ephemeral streams shall be diverted away from disturbed areas by means of temporary or permanent diversions to prevent water from draining into the operation, to mi…

§ 77.525. Sediment control measures. Appropriate sediment control measures shall be designed, constructed and maintained under Chapter 102 (relating to erosion and sediment control). Source The provisions of this § 77.525 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B.…

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

§ 77.527. Sedimentation controls. (a) Surface drainage from the disturbed area, including areas which have been graded, seeded or planted, shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area. The Department may waive the …

§ 77.528. Discharge structures. Discharge from dams, ponds, embankments, impoundments and diversions shall be controlled by energy dissipators, riprap channels or other devices where necessary to reduce erosion, to prevent deepening or enlargement of stream channels and to minimi…

§ 77.529. Acid-forming and toxic-forming spoil. If applicable, drainage from acid-forming and toxic-forming spoil into groundwater and surface water shall be avoided by the following: (1) Identifying, burying and treating, if necessary, spoil that may adversely affect water quali…

§ 77.53. Suspension and revocation. (a) The Department may suspend or revoke a license for a reason listed in § 77.51(e) (relating to license requirement). (b) If the Department intends to revoke or suspend a license, it will provide an opportunity for an informal hearing before …

§ 77.530. Impoundments. A permanent impoundment may be authorized by the Department upon the basis of the following demonstration: (1) The quality of the impounded water shall be suitable on a permanent basis for its intended use, and discharge of water from the impoundment will …