25 Pa. Code Ch. 88 — Anthracite Coal

PRELIMINARY PROVISIONS § 88.1. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: AOC—Approximate original contour. Abandoned—An operation where no coal has been produced or overburde…

§ 88.100. Hydrologic balance: acid-forming and toxic-forming spoil. (a) Drainage from acid-forming and toxic-forming spoil into groundwater and surface water shall be avoided by: (1) Identifying, burying and treating, where necessary, spoil which, in the judgment of the Departmen…

§ 88.101. Hydrologic balance: permanent impoundments. Permanent impoundments 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 wa…

§ 88.102. Hydrologic balance: dams, ponds, embankments and impoundments—design, construction and maintenance. (a) Dams, ponds, embankments and impoundments that meet the criteria of Chapter 105 (relating to dam safety and waterway management) shall be designed, constructed and ma…

§ 88.103. Hydrologic balance: coal processing waste dams andembankments. A dam and embankment constructed of coal processing waste or intended to impound coal processing waste, shall meet the requirement criteria established by Chapter 105 (relating to dam safety and waterway man…

§ 88.104. Hydrologic balance: discharge of water into an underground mine. Surface water or groundwater from surface mining activities may not be piped or channeled to underground mine workings. Source The provisions of this § 88.104 adopted December 19, 1980, 10 Pa.B. 4789, effe…

§ 88.105. Hydrologic balance: groundwater monitoring. (a) Groundwater levels, subsurface flow and the quality of groundwater shall be monitored in a manner approved by the Department to determine the effects of surface mining activities on the reclaimed lands and on the quantity …

§ 88.106. Hydrologic balance: surface water monitoring. (a) In addition to the monitoring and reporting requirements established by the Department under Chapter 92a (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance), surface water …

§ 88.107a. Hydrologic balance: water rights and replacement. (a) Water supply surveys. The operator or mine owner shall conduct a survey of the quantity and quality of all water supplies within the permit area and those in adjacent areas that may be affected by mining activities,…

§ 88.108. Hydrologic balance: permanent postmining renovation ofsedimentation ponds, diversions, impoundments andtreatment facilities. At the completion of surface mining activities, the person who conducts the surface mining activities shall renovate as required by the Departmen…

§ 88.110. Disposal of excess spoil: general requirements. (a) Spoil not required to backfill and reclaim within the area where overburden has been removed shall be hauled or conveyed to and placed in designated disposal areas approved by the Department. The spoil shall be placed …

§ 88.111. Disposal of excess spoil: abandoned strip mines. (a) The applicant shall demonstrate that the overburden or excess spoil placed in abandoned strip mines can be graded to AOCs or an approved alternate design plan, which will conform to adjacent topography and be free of …

§ 88.113. Protection of underground mining. No surface coal mining activities may be conducted in close proximity to any point of an active underground mine, to the extent that the surface mining activities could be declared a nuisance and danger to the health, safety and welfare…

§ 88.114. 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…

§ 88.115. Backfilling and grading: general requirements. (a) Disturbed areas shall be returned to their approximate original contour except as specifically exempted in§ 88.116 (relating to backfilling and grading: reaffecting previously mined lands). (b) Backfilled material shall…

§ 88.116. Backfilling and grading: reaffecting previously mined lands. Where the surface mining activities are reaffecting previously mined lands that have not been restored to approximate original contour, the Department may approve, in writing, terracing or other alternatives t…

§ 88.117. Backfilling and grading: alternatives to contouring or terracing. The Department may grant a variance to contouring or terracing where the land is proposed to be made suitable after mining and reclamation for planned or designated industrial, commercial, agricultural, r…

§ 88.118. Backfilling and grading: final slopes. (a) The final graded slopes shall approximate premining slopes, or slopes approved by the Department based on consideration of soil, rock formation, climate or other characteristics of the surrounding area. (b) Postmining final gra…

§ 88.119. Backfilling and grading: covering coal and acid-forming and toxic-forming materials. (a) 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 i…

§ 88.120. Regrading or stabilizing rills and gullies. When rills and gullies deeper than 9 inches form in areas that have been backfilled, graded and vegetated, the rills and gullies shall be refilled, graded or otherwise stabilized and the area reseeded or replanted. Source The …

§ 88.121. Revegetation: general requirements. (a) Vegetation shall be established on all land affected by surface mining activities. (b) Revegetation shall provide for a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of land to b…

§ 88.122. Revegetation: timing. (a) Revegetation of disturbed areas shall be performed no later than the first normal period for favorable planting conditions after soil replacement and final grading of the soil surface for seeding and planting. (b) Revegetation of disturbed area…

§ 88.123. Revegetation: introduced species. The use of introduced species in the revegetation process may be approved by the Department under the following conditions: (1) The species have been proven acceptable through field trials to be capable of providing permanent vegetation…

§ 88.124. Revegetation: grass, legume and small species and seedstandards. (a) Legume seed shall be inoculated or treated with the specific inoculant for that seed and the seed shall be seeded within 24 hours after treatment. (b) Legume seed of birdsfoot trefoil and crownvetch sh…

§ 88.125. Revegetation: tree and shrub species and seedling standards. (a) A single tree or shrub species may not comprise more than 50% of the total number of seedlings planted. (b) When the approved postmining land use is wildlife habitat, unless alternate plans are approved or…

§ 88.126. Revegetation: seedbed preparation. (a) The soil surface shall be prepared by disking or harrowing, unless soil conditions or steep slopes prohibit this practice. (b) When disking or harrowing is not possible, the soil surface shall be scarified by any mechanical method …

§ 88.127. Revegetation: mulching. (a) Mulch shall be applied to all regraded affected land, except permitted by the Department may waive the requirements for mulch under the following conditions: (1) When seeding can be accomplished using a conventional agricultural farm drill. (…

§ 88.128. Revegetation: periods of responsibility. The permittee shall assume responsibility for successful revegetation for a minimum of 5 full consecutive years after initial planting and the standard for success has been met for 2 consecutive years. Source The provisions of th…

§ 88.129. Revegetation: standards for successful revegetation. (a) The standards for successful revegetation shall be determined by ground cover, unless the approved postmining land use is cropland, in which case the standards shall be based upon crop productivity or yield. The s…

§ 88.130. Revegetation: techniques and frequency of measurement. (a) The techniques proposed to be used by the surface mine permittee shall be specified on the revegetation plan. (b) The permittee shall conduct periodic measurements of vegetation to identify conditions during the…

§ 88.131. Cessation of operations: temporary. (a) Before temporary cessation status of operations for a period of 30 days or more, an operator shall submit to the Department a notice of intention to temporarily cease operations. The notice shall include a statement of the exact n…

§ 88.132. Cessation of operation: permanent. Operations that are permanently ceased shall be backfilled or closed or otherwise permanently reclaimed in accordance with this chapter and the permit. All underground openings, equipment, structures or other facilities not required fo…

§ 88.133. Postmining land use. (a) All affected areas shall be restored in a timely manner to conditions that are capable of supporting the uses which they were capable of supporting before mining, or to higher or better uses achievable under criteria and procedures of this secti…

§ 88.134. Blasting: general requirements. (a) Each person who conducts surface mining activities shall comply with this chapter and all applicable State and Federal laws in the storage, handling and use of explosives. (b) Blasts that use more than 5 pounds of explosive or blastin…

§ 88.135. Blasting: surface blasting requirements. (a) Blasting shall be conducted between sunrise and sunset, except that mine opening blasting conducted after the second blast for that mine opening may be conducted at any time of day or night as necessary to maintain stability …

§ 88.136. Blasting: near underground mines. (a) When a surface mine is operating within 500 feet of an active deep mine, the surface mine operators shall notify the surface mine inspector in advance of his intention to blast. The surface mine inspector shall, in turn, notify the …

§ 88.137. Use of explosives: 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 and the public on request. Seismographic reports, if applicable, must be made a part of that record. …

§ 88.138. Haul roads and access roads: general. (a) Haul roads and access roads shall be designed, constructed and maintained to control or prevent erosion and contributions of sediment to streams or runoff outside the affected area; air and water pollution; damage to fish and wi…

§ 88.144. Haul roads and access roads: restoration. Unless the Department approves retention of a road as suitable for the approved postmining land use in accordance with § 88.133 (relating to postmining land use), as soon as practicable after the road is no longer needed for the…

§ 88.150. 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 may not require bonding or restoration by the opera…

§ 88.181. Requirements. A person who conducts bank removal and reclamation surface mining activities shall comply with the performance standards and design requirements of this subchapter. Source The provisions of this § 88.181 adopted December 19, 1980, 10 Pa.B. 4789, effective …

§ 88.182. Signs and markers. (a) A person who conducts bank removal activities shall identify the operation for the duration of the bank removal activities by posting and maintaining a sign which will be clearly visible at the junction of each activity used haul road and public r…

§ 88.183. Vegetation-supporting material: soil. The best nontoxic and vegetation-supporting material, whenever available from the operation, shall be removed, conserved and redistributed for the final surface. Source The provisions of this § 88.183 adopted December 19, 1980, 10 P…

§ 88.184. Soil testing. Prior to seeding and planting soil tests shall be made on the final surface using standard methods approved by the Department. Results of soil tests shall be reported to the Department. Source The provisions of this § 88.184 adopted December 19, 1980, 10 P…

§ 88.185. 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 vegetation requirements of § § 88.209—88.218. (b) Agricultural lime or limestone used for neutrali…

§ 88.186. Hydrologic balance: general requirements. (a) Bank removal and reclamation activities shall be planned and conducted to maximize the abatement of water pollution and reclamation of the land. (b) Changes in water quantity and in the location of surface water drainage cha…

§ 88.187. Hydrologic balance: effluent standards. (a) Groups of effluent criteria. A person may not allow a discharge of water from an area disturbed by mining activities which exceeds the following groups of effluent criteria. The effluent limitations shall be applied under subs…

§ 88.188. Hydrologic balance: precipitation event exemption. (a) To establish the alternative effluent limitations of Group B or C in § 88.187(a) (relating to hydrologic balance: effluent standards), a permittee shall demonstrate to the Department’s satisfaction that a precipitat…

§ 88.189. Hydrologic balance: stream diversions. Diversion of flow from perennial and intermittent streams shall meet the requirements of Chapter 105 (relating to dam safety and waterway management). Source The provisions of this § 88.189 adopted December 19, 1980, 10 Pa.B. 4789,…

§ 88.190. Hydrologic balance: diversions. (a) Surface water and shallow groundwater flow from undisturbed areas which will drain into the affected area shall be intercepted and diverted away from the disturbed area by means of diversion. (b) Diversions shall be designed, construc…