The following performance standards are applicable to
coal exploration which substantially disturbs the land surface:
(1) Habitats of unique value for fish,
wildlife and other related environmental values may not be disturbed during
coal exploration.
(2) Roads used
for coal exploration shall comply with the following:
(i) A new road in the exploration area shall
comply with §§
87.160 and
87.166 (relating to haul roads and
access roads; and haul roads and access roads: restoration).
(ii) Existing roads may be used for
exploration in accordance with the following:
(A) Applicable Federal, State and local
requirements shall be met.
(B) If
the road is significantly altered for exploration, including, but not limited
to, change of grade, widening or change of route, or if the use of the road for
exploration contributes additional suspended solids to streamflow or runoff,
paragraph (6) applies to the areas of the road which are altered or which
result in the additional contributions.
(C) If the road is significantly altered for
exploration activities or will remain as a permanent road after exploration
activities are completed, theperson conducting exploration shall ensure that
the requirements of §§
87.160 and
87.166, as appropriate, are met
for the design, construction, alteration and maintenance of the road.
(iii) Promptly after exploration
activities are completed, existing roads used during exploration shall be
reclaimed to one or more of the following:
(A)
A condition equal to or better than their preexploration condition.
(B) The condition required for permanent
roads under §§ 87.160 and 87.166, as appropriate.
(3) If excavations,
artificial flat areas or embankments are created during exploration, these
areas shall be returned to the approximate original contour promptly after the
features are no longer needed for coal exploration.
(4) Topsoil shall be removed, stored and
redistributed on disturbed areas as necessary to assure successful
revegetation.
(5) All areas
disturbed by coal exploration activities shall be revegetated in a manner that
encourages prompt revegetation and recovery of a diverse, effective and
permanent vegetative cover.
(6)
With the exception of small and temporary diversions of overland flow of water
around new roads, drill pads and support facilities, ephemeral, intermittent or
perennial streams may not be diverted during coal exploration activities.
Overland flow of water shall be diverted in a manner that:
(i) Prevents erosion.
(ii) Prevents additional contributions of
suspended solids to streamflow or runoff outside the exploration area, to the
extent possible using the best technology currently available.
(iii) Complies with other applicable State or
Federal requirements.
(7)
Each exploration hole, borehole, well or other underground opening created or
encountered by exploration shall meet the requirements of §§
87.93,
89.54 and
89.83 (relating to casing and
sealing of drilled holes; preventing discharges from underground mines; and
closing of underground mine openings).
(8) Facilities and equipment shall be removed
from the exploration area promptly when they are no longer needed for
exploration, except for facilities and equipment that the Department determines
may remain to do one of the following:
(i)
Provide additional environmental quality data.
(ii) Reduce or control the onsite and offsite
effects of the exploration activities.
(iii) Facilitate future surface mining and
reclamation operations by the person conducting the exploration, under an
approved permit.
(9) Coal
exploration shall be conducted in a manner which minimizes disturbance of the
prevailing hydrologic balance, and shall include sediment control measures, or
sedimentation ponds which comply with Chapter 89, Subchapter A (relating to
erosion and sedimentation control).
(10) Toxic- or acid-forming materials shall
be handled and disposed of in accordance with §§
87.110 and
87.145 (relating to hydrologic
balance: acid-forming and toxic-forming spoil; and backfilling and grading:
covering coal and acid-forming and toxic-forming materials.)
(11) Coal exploration and related reclamation
activities shall be conducted to avoid damage to, or destruction of, known
historic resources.