25 Pa. Code § 86.129 - Coal exploration on areas designated as unsuitable for surface mining operations
(a)
Designation of an area as unsuitable for all or certain types of surface mining
operations under this chapter does not prohibit coal exploration operations in
the area.
(b) Coal exploration may
be conducted on an area designated as unsuitable for surface mining operations
in accordance with this chapter if the following apply:
(1) The person conducting coal exploration
obtains an exploration permit from the Department under this section which
meets the following conditions:
(i) The permit
application demonstrates that the requirements of this section and §
86.134 (relating to coal
exploration performance and design standards) will be met.
(2) The permit application must contain the
following information:
(i) The name, address
and telephone number of the applicant.
(ii) The name, address and telephone number
of the applicant's representative who will be present at, and responsible for,
conducting the exploration activities.
(iii) A narrative describing the proposed
exploration area.
(iv) A narrative
description of the methods and equipment to be used to conduct the exploration
and reclamation.
(v) An estimated
timetable for conducting and completing each phase of the exploration and
reclamation.
(vi) The estimated
amount of coal to be removed and a description of the methods to be used to
determine the amount.
(vii) A
description of the following:
(A) Cultural or
historical resources listed on the National Register of Historic
Places.
(B) Cultural or historical
resources known to be eligible for listing on the National Register of Historic
Places.
(C) Known archeological
resources located within the proposed exploration area.
(D) Other information which the regulatory
authority may require regarding known or unknown historic or archeological
resources.
(viii) A
description of any endangered or threatened species listed under the Endangered
Species Act of 1973 (16
U.S.C.A. §§
1531-1544)
identified within the proposed exploration area.
(ix) A description of the measures to be used
to comply with the applicable requirements of § 86.134.
(x) The name and address of the owner of
record of the surface land and of the subsurface mineral estate of the area to
be explored.
(xi) A map or maps at
a scale of 1:24,000, or larger, showing the areas of land to be disturbed by
the proposed exploration and reclamation. The map must specifically show the
following:
(A) Existing roads, occupied
dwellings, topographic and drainage features, bodies of surface water and
pipelines.
(B) Proposed locations
of trenches, roads and other access routes and structures to be
constructed.
(C) The location of
proposed land excavations.
(D) The
location of exploration holes or other drill holes or underground
openings.
(E) The location of
excavated earth or waste-material disposal areas.
(F) The location of critical habitats of any
endangered or threatened species listed under the Endangered Species Act of
1973.
(xii) If the
surface is owned by a person other than the applicant, a description of the
basis upon which the applicant claims the right to enter that land for the
purpose of conducting exploration and reclamation.
(xiii) For any lands listed in §
86.102 (relating to areas where
mining is prohibited or limited), a demonstration that, to the extent
technologically and economically feasible, the proposed exploration activities
have been designed to minimize interference with the values for which those
lands were designated as unsuitable for surface coal mining operations. The
application must include documentation of consultation with the owner of the
feature causing the land to come under the protection of §
86.102, and, when applicable, with
the agency with primary jurisdiction over the feature with respect to the
values that caused the land to come under the protection of §
86.102.
(3) The
exploration is consistent with the designation.
(4) The exploration will be conducted to
preserve and protect the applicable values and uses of the area under
Subchapter E (relating to coal exploration).
(5) The permit term may not exceed 2 years
and the permit may not be renewed or transferred.
(6) The amount of coal removed shall be
limited to the quantity needed for testing and analysis and may not exceed 250
tons.
(7) The application shall be
subject to the criteria for permit approval or denial in §
86.37 (relating to criteria for
permit approval or denial) and
30 CFR
772.12(d) (relating to
permit requirements for exploration that will remove more than 250 tons of coal
or that will occur on lands designated as unsuitable for surface coal mining
operations) and the requirements for final permit action in §
86.39 (relating to final permit
action).
Notes
The provisions of this § 86.129 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1-1396.19a); the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51-30.66); The Clean Streams Law (35 P. S. §§ 691.1-691.1001); sections 1920-A and 1930-A of The Administrative Code of 1929 (71 P. S. §§ 510-20 and 510-30).
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