25 Pa. Code Ch. 88 — Anthracite Coal

§ 88.191. Hydrologic balance: sediment control measures. Appropriate sediment control measures shall be designed, constructed and maintained to: (1) Prevent, to the extent possible, contributions of sediment to streamflow or to runoff outside the permit. (2) Meet treatment and ef…

§ 88.192. Hydrologic balance: 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 any groundwater contributio…

§ 88.193. Hydrologic balance: collection ponds within disturbed areas. (a) Containment within the disturbed area or closed systems by utilization of collection ponds or collection areas located to facilitate the operations shall generally be the desired method of sediment control…

§ 88.194. Hydrologic balance: sedimentation ponds. (a) All surface drainage from the disturbed area, including areas which have been graded, seeded or planted, shall be passed through sediment ponds, unless the applicant can show that all runoff can be contained within the distur…

§ 88.195. Hydrologic balance: discharge structures. Discharge from 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 chann…

§ 88.196. Hydrologic balance: permanent impoundments. Permanent impoundments may be authorized by the Department, upon the basis of the following demonstrations: (1) The quality of the impounded water shall be suitable on a permanent basis for its intended use, and discharge of w…

§ 88.197. Hydrologic balance: 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 maintain…

§ 88.198. 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 criteria established by Chapter 105 (relating to dam safety and waterway management) and…

§ 88.199. Hydrologic balance: permanent postmining renovation ofsedimentation ponds, diversions, impoundments andtreatment facilities. At the completion of bank removal and reclamation activities, the person who conducts the bank removal and reclamation activities shall renovate …

§ 88.2. Scope. This chapter specifies certain specific procedures and rules for those who engage in anthracite coal mining activities. General rules and procedures for those who engage in anthracite coal mining activities are provided in Chapter 86 (relating to surface and underg…

§ 88.200. Hydrologic balance: discharge of water into an underground mine. Surface water or groundwater from bank removal activities may not be piped or channeled to underground mine workings. Source The provisions of this § 88.200 adopted December 19, 1980, 10 Pa.B. 4789, effect…

§ 88.201. 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 bank removal and reclamation activities on the reclaimed lands and on…

§ 88.202. 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 …

§ 88.203. Disposal of excess spoil: bank reject material. (a) The applicant shall demonstrate that the bank reject material can be placed and graded to AOCs or an approved alternate design plan, which will conform to adjacent topography and be free of any polluting hazards. (b) B…

§ 88.204. Protection of underground mining. Bank removal and reclamation activities may not be conducted in close proximity to any point of an active underground mine, to the extent that the bank removal activities could be declared a nuisance or a danger to the health, safety an…

§ 88.205. Air resources protection. Air pollution control measures shall be planned and employed as an integral part of the site preparation, and bank removal and reclamation operation shall meet the following requirements: (1) If processing facilities are to be used at the minin…

§ 88.206. Grading: general requirements. (a) Unless the reclamation plan provides for grading to AOCs it shall contain a full explanation of the conditions which do not permit contouring and it shall provide for terracing or grading to the extent that the steepest contour may not…

§ 88.207. Grading: alternatives to contouring or terracing. The Department may approve alternatives to contouring or terracing when the land is proposed to be made suitable, after bank removal and reclamation, for planned or designated industrial, commercial, agricultural, reside…

§ 88.208. Grading: final slopes. All final grading shall be done to minimize subsequent erosion and instability. If grading, preparation or placement along the contour is hazardous to equipment operators, the grading, preparation or placement in a direction other than generally p…

§ 88.209. Vegetation: general requirements. (a) Vegetation shall be established on all land affected by bank removal and reclamation activities. (b) Seeding and planting shall provide for a diverse, effective and permanent vegetative cover of the same seasonal variety native to t…

ANTHRACITE COAL MINING ACTIVITIES: APPLICATIONREQUIREMENTS AND PREMINING RESOURCES § 88.21. Responsibilities. A permit application shall contain a description of the existing conditions within the proposed permit and adjacent area that may be affected by the proposed anthracite c…

§ 88.210. Vegetation: timing. (a) Seeding and planting of disturbed areas shall be performed no later than the first normal period for favorable planting conditions after soil or suitable material replacement and final grading of the soil surface. (b) Seeding and planting of dist…

§ 88.211. Vegetation: introduced species. The use of introduced species in the vegetation 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 and…

§ 88.212. Vegetation: grass, legume and small species and seed standards. (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 shall contain at l…

§ 88.213. Vegetation: 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 r…

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

§ 88.215. Vegetation: mulching. (a) Mulch shall be applied to regraded areas at rates adequate to control erosion, promote germination of seeds and increase the moisture retention of the soil except the Department may waive the requirement for mulch under the following conditions…

§ 88.216. Vegetation: periods of responsibility. The permittee shall assume responsibility for successful vegetation for 5 consecutive years after initial planting and the standard for success has been met for 2 consecutive years. Source The provisions of this § 88.216 adopted De…

§ 88.217. Vegetation: standards for successful vegetation. (a) The standards for successful vegetation 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 standar…

§ 88.218. Vegetation: techniques and frequency of measurement. (a) The techniques proposed to be used by the surface mine permittee shall be approved by the Department and shall be specified in the planting plan. (b) The permittee shall conduct periodic measurements of vegetation…

§ 88.219. 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…

§ 88.22. General environmental resource information. Each application shall describe and identify: (1) The location and extent of the proposed anthracite coal surface mining activities for which a permit is being sought and an identification of the size,sequence and timing of tho…

§ 88.220. Cessation of operations: 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 f…

§ 88.221. 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 any mining, or to higher or better uses achievable under criteria and procedures of this s…

§ 88.23. Description of hydrology and geology: general requirements. (a) Each application shall contain a description, in accordance with this section and § § 88.24 and 88.25 (relating to geology; and groundwater) of the geology, hydrology and water quality and quantity of all la…

§ 88.231. 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…

§ 88.237. 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 § 88.221 (relating to postmining land use), as soon as practicable after the road is no longer needed for the…

§ 88.24. Geology. (a) An application shall contain a description of the geology within the proposed permit and adjacent area down to and including the aquifer system or known existing deep mine that may be affected below the lowest coal seam, bank or refuse disposal area to be af…

§ 88.243. 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…

§ 88.25. Groundwater. (a) The application shall contain a description of the groundwater hydrology for the proposed permit and adjacent area, including, at a minimum: (1) The depths to groundwater or deep mine pool over the general area. (2) The hydrologic characteristics of the …

§ 88.26. 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 all surface water bodies, such as streams, lakes, ponds and springs, deep mine discha…

§ 88.27. Alternative water supply information. The application shall identify the extent to which the proposed anthracite coal surface mining activities may result in contamination, diminution or interruption of any water supply within the proposed permit or adjacent area. If con…

§ 88.28. Climatology. When requested by the Department, the application shall contain a statement of the climatological factors that are representative of the proposed permits and adjacent area. The statement shall contain the information the Department deems relevant to ensure c…

§ 88.281. Requirements. A person who conducts coal refuse disposal activities shall comply with the performance standards and design requirements of this subchapter, § § 90.5, 90.49, 90.50 and Chapter 90, Subchapters E—G. (1) Disposal of coal refuse in an active surface mine shal…

§ 88.282. Signs and markers. (a) A person who conducts surface mining activities 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 actively used haul road and publ…

§ 88.283. Sealing of drilled holes: general requirements. (a) Each exploration hole, other drill or borehole, well or other exposed underground opening (except for holes solely drilled and used for blasting) shall be sealed, backfilled or otherwise managed, as approved by the Dep…

§ 88.284. Sealing of drilled holes and exploratory openings: temporary. Drilled holes and boreholes to be used to return coal refuse to abandoned underground workings, and wells to be used to monitor groundwater conditions, shall be temporarily sealed before use and protected dur…

§ 88.286. Vegetation-supporting material: general requirements. Soil, in an amount sufficient to ensure ample material for vegetation, shall be removed, conserved and redistributed for the final surface layer. If soil is unavailable, suitable mine spoil or other materials which w…

§ 88.287. Vegetation-supporting material: available soil removal. (a) Available soil, as required by § 88.286 (relating to vegetation-supporting material: general requirements), shall be removed from the area to be disturbed prior to any refuse disposal. (b) In the event that rem…

§ 88.288. Vegetation-supporting material: soil storage. (a) Soil and other vegetation-supporting materials shall be redistributed or stockpiled for redistribution. (b) Stockpiled materials shall be selectively placed on a stable area within the permit areas and located where the …