(a) Extraction of coal incidental to
government-financed construction or government-financed reclamation projects is
exempt from the permitting requirements of the Surface Mining Conservation and
Reclamation Act (
52 P. S. §§
1396.1-1396.19b) and this chapter as it
relates to surface mining activities and operations, and Chapters 87 and 88
(relating to surface mining of coal; and anthracite coal) if the following
conditions are met:
(1) During the project
site selection process and prior to development of final construction plans or
reclamation plans for projects located within coal bearing regions, the
government entity financing the construction or reclamation has provided the
Department with an opportunity to provide comments on the potential
environmental impacts of the project.
(2) The extraction of coal is necessary to
enable the construction or reclamation to be accomplished. Only that coal
extracted from within the right-of-way, in the case of a road, railroad,
utility line or other similar construction, or within the boundaries of the
area directly affected by other types of government-financed construction or
government-financed reclamation, may be considered incidental to that
construction or reclamation.
(3)
The construction or reclamation is funded by a Federal, Commonwealth, county,
municipal, or local unit of government, or a department, bureau, agency, or
office of the unit which, directly or through another unit of government,
finances the construction or reclamation.
(4) The construction or reclamation is funded
50% or more by funds appropriated from the government unit's budget or obtained
from general revenue bonds. Funding at less than 50% may qualify if the
construction is undertaken as a Department-approved reclamation contract or
project.
(5) The construction or
reclamation is performed under a bond, contract and specifications that
substantially provide for and require protection of the environment,
reclamation of the affected area, and handling of excavated materials in a
manner consistent with the acts and regulations implementing the
acts.
(6) The Department has
approved the standards and specifications for protection of the environment
that will apply to the project when potential adverse environmental impacts
have been identified.
(b)
Construction funded through government financing agency guarantees, insurance,
loans, funds obtained through industrial revenue bonds or their equivalent or
in-kind payments do not qualify as government-financed construction.
(c) A person extracting coal incidental to
government-financed construction or government-financed reclamation who
extracts more than 250 tons of coal or affects more than 2 acres shall maintain
on the site of the extraction operation and make available for inspection the
following documents:
(1) A written description
of the construction or reclamation project.
(2) A map showing the exact location of the
construction or reclamation, right-of-way or the boundaries of the area which
will be directly affected by the construction or reclamation.
(3) A statement identifying the government
agency that is providing the financing and the kind and amount of public
financing, including the percentage of the entire construction costs
represented by the government financing.
(4) When the area delineated in paragraph (2)
is wholly or partially within an area designated unsuitable for mining by the
EQB under §
86.130 (relating to areas
designated as unsuitable for mining), a copy of the detailed report required by
§
86.124(e)
(relating to procedures: initial processing, recordkeeping and notification
requirements).
(d)
Government-financed construction projects and government-financed reclamation
must comply with Chapters 91-96, 102 and 105.