25 Pa. Code Ch. 77 — Noncoal Mining

§ 77.534. Discharge of water into an underground mine. Surface water and groundwater from noncoal mining activities may not be diverted or otherwise discharged into underground coal mine workings or into an underground noncoal mine unless approved as part of the underground mine …

§ 77.535. Permanent postmining renovation of sedimentation ponds, diversions, impoundments and treatment facilities. At the completion of surface mining activities, the permittee shall renovate the sedimentation ponds, diversions, impoundments and treatment facilities that are to…

§ 77.54. Fees. Unless otherwise established by the act, the following license fees apply: (1) The initial and annual license renewal fee for persons mining 2,000 tons (1,814 metric tons) or less of marketable noncoal minerals is $50. (2) The initial application fee for persons mi…

§ 77.55. [Reserved]. Source The provisions of this § 77.55 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…

§ 77.551. Restriction. Noncoal surface mining activities may not be conducted closer than 500 feet to any point of either an active or abandoned underground mine except to the extent that the nature, timing and sequence of the operations that propose to mine closer than 500 feet …

§ 77.56. [Reserved]. Source The provisions of this § 77.56 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…

§ 77.561. General requirements. (a) A person who conducts surface mining activities shall comply with this chapter and applicable State and Federal laws in the use of explosives. (b) Blasting operations shall be conducted by or under the supervision of a competent blaster license…

§ 77.562. Preblasting surveys. (a) Preblasting surveys will not be required if blasting is designed and conducted below the levels of blasting vibration shown on Figure #1 at the nearest dwelling, school, church, commercial or institutional building neither owned nor leased by th…

§ 77.563. Public notice of blasting schedule. (a) Blasting schedule publication. (1) Copies of the schedule shall be distributed by mail to local governments and to public utilities within 1000 feet of the blasting area. (2) A person who conducts surface mining activities shall p…

§ 77.564. Surface blasting requirements. (a) The Department will not permit blasting to be conducted until the following requirements have been met: (1) The blasting plan, under § 77.453 (relating to blasting plan), approved by the Department and the approved blasting plan is ret…

§ 77.565. Records of blasting operations. A record of each blast shall be retained for at least 3 years and shall be available for inspection by the Department. Seismographic reports, if applicable, shall be made a part of that record. The record shall include the following data:…

§ 77.57. [Reserved]. Source The provisions of this § 77.57 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…

§ 77.571. Bench development. The height of the working face on a bench shall be limited as follows: (1) The maximum height of the working face of a bench in consolidated material—other than thin seam operation which will be returned to AOC—may not exceed 50 feet except as follows…

§ 77.572. Permit line setback. (a) Highwalls shall be set back from the boundary of the area covered by a bond under § 77.193 (relating to requirement to file bond). The setback shall be of sufficient width to accomplish the following: (1) Prevent possible slumping or failure at …

§ 77.573. Stability analysis. An operator shall provide a stability analysis whenever he requests a waiver to develop a working face greater than 50 feet in consolidated rock under § 77.571(2) (relating to bench development) or a waiver to remove lower benches on the final workin…

§ 77.574. Disposal of solid wastes. Solid wastes, including grease, lubricants, paints, flammable liquids, garbage and other hazardous wastes shall be disposed or stored temporarily in accordance with Article VII (relating to hazardous waste management). Storage shall be of a typ…

§ 77.575. Air resources protection. Air pollution control measures shall be planned and employed as an integral part of the surface mining activities and shall meet the following requirements: (1) If processing facilities are to be used at the mining site, the facilities shall me…

§ 77.591. General. Areas disturbed after January 1, 1972 by the operation shall be reclaimed by contouring, except terracing may be utilized if the operator demonstrates that operation has extracted quantities of minerals so that contouring cannot be achieved with the remaining o…

§ 77.592. Approximate original contour. If a noncoal surface mine site is proposed to be restored to approximate original contour, the applicant shall demonstrate that the operation will restore the land affected to a condition capable of supporting the uses it was capable of sup…

§ 77.593. Alternatives to contouring. Alternative reclamation to approximate original contour may be authorized as follows: (1) The applicant shall demonstrate that the proposed operation will be carried out over a substantial period of time and that the volume of mineral to be r…

§ 77.594. Final slopes. Final slopes for reclamation of noncoal surface mines shall conform with the following requirements: (1) If there is sufficient overburden material to achieve approximate original contour and no alternative reclamation is approved under § 77.593 (relating …

§ 77.595. Concurrent reclamation. (a) Reclamation procedures, including backfilling, grading, topsoil replacement and revegetation of land that is disturbed by noncoal surface mining shall be kept concurrent with the progress of the proposed operation to the greatest extent possi…

§ 77.596. Covering coal and acid-forming and toxic-forming materials. In applicable areas, unless otherwise approved by the Department, exposed coal seams, acid-forming material, toxic-forming materials and combustible materials other than coal refuse shall be handled as follows:…

§ 77.61. [Reserved]. Source The provisions of this § 77.61 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…

§ 77.611. General requirements. (a) Revegetation, if required, shall provide for a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in exte…

§ 77.612. Timing. (a) Disturbed areas shall be seeded and planted when weather and planting conditions permit, but the seeding and planting of disturbed areas shall be performed no later than the first full normal period for favorable planting after backfilling and grading. (1) T…

§ 77.613. Introduced species. The use of introduced species will be allowed if the species meet the requirements of applicable State and Federal seed or introduced species statutes and are not poisonous or noxious. Source The provisions of this § 77.613 adopted March 16, 1990, ef…

§ 77.614. Agriculture crops. When the approved postmining land use is cropland, the planting of agriculture crops normally grown in the general locality of the permit area will satisfy the revegetation requirements of § 77.611 (relating to general requirements). If planting of th…

§ 77.615. Species. (a) Species, rates and techniques of seeding and planting shall be adequate to achieve the standards for successful revegetation of § 77.618 (relating to standards for successful revegetation). (b) Legume seed shall be inoculated or treated with the specific in…

§ 77.616. Seedbed preparation. (a) The soil surface shall be prepared by disking or harrowing. If soil conditions or steep slopes prohibit these practices, the soil surface shall be scarified by a mechanical method which will loosen the surface material. Scarification will not be…

§ 77.617. Mulching. (a) Mulch shall be applied to regraded and topsoiled areas at rates adequate to control erosion, promote germination of seeds and increase the moisture retention of the soil, unless one of the following requirements are met: (1) Seeding can be accomplished usi…

§ 77.618. Standards for successful revegetation. (a) When the approved postmining land use is cropland: (1) The standards for successful revegetation shall be based upon crop productivity or yield. (2) The approved standard shall be the average yields per acre for the crop and so…

§ 77.62. [Reserved]. Source The provisions of this § 77.62 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…

§ 77.63. [Reserved]. Source The provisions of this § 77.63 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…

§ 77.631. General requirements. (a) A haul road shall be designed, constructed and maintained to prevent erosion to the maximum extent possible and to prevent contributions of sediment to streams or runoff outside the affected area; air and water pollution; and offsite damage. Up…

§ 77.632. Restoration. Unless the Department approves retention of a road as suitable for the approved postmining land use under § 77.462 (relating to postmining land uses and alternative restoration) immediately after the road is no longer needed for the associated surface minin…

§ 77.633. Common use roads. (a) Operators using common use roads to service their permit areas shall be responsible for maintaining the roads in a stable and safe condition throughout the life of the permit. (b) Common use roads do not require bonding or restoration by the operat…

§ 77.64. [Reserved]. Source The provisions of this § 77.64 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…

§ 77.65. [Reserved]. Source The provisions of this § 77.65 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…

§ 77.651. Temporary cessation. (a) General rule. Except with the express written approval of the Department as provided in subsection (b), the operator shall maintain mining and reclamation equipment on the site at all times, shall conduct an active operation and shall conduct su…

§ 77.652. Permanent. Operations that are permanently ceased shall be backfilled or closed or otherwise permanently reclaimed in accordance with this chapter and the permit. Underground openings, equipment, structures or other facilities not required for monitoring, unless approve…

§ 77.653. Postmining land use. Prior to the release of land from permit area under § 77.462 (relating to postmining land uses and alternative restoration), affected areas shall be restored in the manner specified in the permit application or amended application. Source The provis…

§ 77.654. Clean up. Upon completion of mining, the operator shall remove and clean up temporary unused structures, facilities, equipment, machines, tools, parts or other materials, property, debris or junk that were used in or resulted from the surface mining activity. Source The…

§ 77.655. Closing of underground mine openings. (a) Mine openings. (1) Upon completion of mining, a mine opening, except those approved for water monitoring or otherwise managed in a manner approved by the Department, shall be closed: (i) To prevent degradation of surface waters …

§ 77.66. [Reserved]. Source The provisions of this § 77.66 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…

§ 77.67. [Reserved]. Source The provisions of this § 77.67 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…

§ 77.71. [Reserved]. Source The provisions of this § 77.71 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…