(a)
General. General requirements shall include the following:
(1) Each permit application shall include a
description of:
(i) The existing premining
environmental resources within the proposed permit and adjacent area that may
be affected or impacted by the proposed underground mining
activities.
(ii) The nature of
archaeological, cultural and historic resources listed on or eligible for
listing on the National Register of Historic Places and known archaeological
sites within the proposed permit area. The description shall be based on
available information, including, but not limited to, data of State and local
archaeological, historic and cultural preservation agencies. The Department may
require the applicant to identify and evaluate important historic and
archaeological resources that may be eligible for listing on the National
Register of Historic Places, through one or more of the following:
(A) The collection of additional
information.
(B) The conducting of
field investigations.
(C) Other
appropriate analysis.
(iii) The geology, hydrology and water
quality and quantity of lands within the proposed permit area, the adjacent
area and the general area. The description shall conform to the following:
(A) Information on hydrology, water quality
and quantity, and geology related to hydrology of areas outside the proposed
permit area and within the general area will be provided by the Department to
the extent that this data is available from an appropriate Federal or State
agency.
(B) If the information in
clause (A) is not available from those agencies, the applicant shall gather and
submit this information to the Department as part of the permit
application.
(C) The permit will
not be approved by the Department until this information is made available in
the application.
(iv) The
size, sequence and timing of the subareas of the mine for which it is
anticipated that individual permits for mining will be requested over the
estimated total life of the proposed underground mining activities.
(2) The information required in
this section may be developed using modeling techniques, but the Department may
require verification of models.
(b)
Geology. The information
shall include a general statement of the geology within the proposed permit and
adjacent area to the depth of the lowest existing or proposed mine workings.
(1) For areas to be affected by surface
operations or facilities, the geology of the strata to be disturbed shall be
described, including, at a minimum, the lithologic characteristics and physical
and chemical properties of each stratum.
(2) For lands within the proposed permit and
adjacent area which are underlain by the coal seam to be extracted and for the
coal seam itself, the description shall include the following:
(i) The location of groundwater, if
encountered, or the mine pool.
(ii)
The classification and geologic structure of the overburden.
(iii) The pyritic content and potential
alkalinity of the strata immediately above and below the coal seam to be
mined.
(iv) Total and pyritic
sulfur content of the coal seam.
(3) An applicant may request that the
requirements of paragraph (1) be waived by the Department. The waiver may be
granted only if the Department makes a written determination that the statement
required is unnecessary because other equivalent information is accessible to
it in a satisfactory form.
(c)
Groundwater information.
Groundwater information shall include the following:
(1) The application shall contain a
description of the groundwater hydrology for the proposed permit and adjacent
area including, at a minimum, the following:
(i) The depths of water tables over the
general area.
(ii) The hydrologic
characteristics.
(iii) The uses of
the groundwater.
(iv) The chemical
characteristics of typical groundwaters in the area, including a description of
known groundwater quality problems. At a minimum, water quality descriptions
shall include total dissolved solids or specific conductance corrected to
25°C, pH, total iron, total manganese, alkalinity, acidity and
sulfates.
(2) The
application shall contain additional information which describes the storage
and discharge characteristics of the area and the quality and quantity of
groundwater, according to the parameters and in the detail required by the
Department.
(d)
Surface water information. Surface water information shall
comply with the following:
(1) Surface water
information shall be described, 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, the locations of water discharge into a
surface body of water and descriptions of surface drainage systems sufficient
to identify the seasonal variations in water quantity and quality within the
proposed permit and adjacent areas.
(2) Surface water information shall include
the following:
(i) Minimum, maximum and
average discharge conditions which identify critical low flows and peak
discharge rates of streams sufficient to identify seasonal
variations.
(ii) Water quality data
to identify the characteristics of surface waters in, discharging into, or
which will receive flows of surface water or groundwater from the disturbed
area within the proposed permit area, sufficient to identify seasonal
variations showing the following:
(A) Total
dissolved solids in milligrams per liter or specific conductance in micromhos
per centimeter corrected to 25°C.
(B) Total suspended solids in milligrams per
liter.
(C) Acidity in milligrams
per liter.
(D) Alkalinity in
milligrams per liter.
(E) pH in
standard units.
(F) Total and
dissolved iron in milligrams per liter.
(G) Total manganese in milligrams per
liter.
(H) Sulfates in milligrams
per liter.
(I) Total aluminum in
milligrams per liter.
(J) Other
information the Department determines to be relevant.
(e)
Alternative
water supply information. The application shall identify the extent to
which the proposed underground mining activities may result in contamination,
diminution or interruption of an underground or surface source of water within
the proposed permit or adjacent area for domestic, agricultural, industrial or
other legitimate use. If contamination, diminution or interruption may result,
the description shall identify the alternative sources of water supply that
could be developed to replace the existing sources.
(f)
Climatological
information. Climatological information shall comply with the
following:
(1) When requested by the
Department, the application shall contain a statement of the climatological
factors that are representative of the proposed permit area, including the
following:
(i) The average seasonal
precipitation.
(ii) The average
direction and velocity of prevailing winds.
(iii) Seasonal temperature ranges.
(2) The Department may request
additional data deemed necessary to ensure compliance with the requirements of
this chapter.
(g)
Vegetation information. Vegetation information shall include
the following:
(1) If required by the
Department, a map that delineates existing vegetative types and a description
of the plant communities within the area affected by surface operations and
facilities and within a proposed reference area. This description shall include
information adequate to predict the potential for reestablishing
vegetation.
(2) When a map or
aerial photograph is required, sufficient adjacent areas to allow evaluation of
vegetation as important habitat for fish and wildlife.
(h)
Land use information.
Land use information shall comply with the following:
(1) The application shall contain a statement
of the condition, capability and productivity of lands greater than 5 acres
which will be affected by surface operations and facilities within the proposed
permit area, including the following:
(i) A
map and supporting narrative of the uses of the land existing at the time of
the filing of the application. If the premining use of the land was changed
within 5 years before the anticipated date of beginning the proposed
operations, the historic use of the land shall also be described.
(ii) A narrative of land capability and
productivity which analyzes the land use description under subsection (a) in
conjunction with other environmental resources information required under this
subchapter. The narrative shall provide analyses of the following:
(A) The capability of the land before mining
to support a variety of uses, giving consideration to soil and foundation
characteristics, topography, vegetative cover and the hydrology of the area
proposed to be affected by surface operations or facilities.
(B) The productivity of the area proposed to
be affected by surface operations and facilities before mining, expressed as
average yield of food, fiber, forage or wood products from the land obtained
under high levels of management. The productivity shall be determined by yield
data or estimates for similar sites based on current data from the United
States Department of Agriculture or the Department of Agriculture.
(2) The application
shall state whether the proposed permit area or adjacent areas have been
previously mined and, if so, provide the following information, if available:
(i) The type of mining method used.
(ii) The coal seams or other mineral strata
mined.
(iii) The extent of coal or
other minerals removed.
(iv) The
approximate dates of past mining.
(v) The uses of the land preceding
mining.
(3) The
application shall contain a description of the existing land uses and land use
classifications under local law, if any, of the proposed permit and adjacent
areas.
(i)
Maps
and cross sections. The permit application shall include maps, cross
sections or plans showing the following:
(1)
The boundaries and names of present owners of record of land, both surface and
subsurface, for the proposed permit and adjacent lands; and the boundaries of
land within the proposed permit area upon which the applicant has the legal
right to enter and begin underground mining activities.
(2) The boundaries of areas proposed to be
affected over the estimated total life of the underground mining activities,
with a description of size, sequence and timing of the mining of
subareas.
(3) The location of
surface and subsurface manmade features within, passing through, or passing
over the proposed permit area, including, but not limited to, electric
transmission lines and pipelines.
(4) The location and boundaries of proposed
reference areas for determining the success of revegetation.
(5) The locations of public water supply
intakes within a 10-mile distance downstream of each discharge, and the
locations of water discharge into a surface body of water within the permit and
adjacent area.
(6) Each public road
located in or within 100 feet of the proposed permit area.
(7) The boundaries of public parks and
locations of any cultural or historical resources listed on or eligible for
listing on the National Register of Historic Places and known archaeological
sites within the permit and adjacent areas.
(8) Each public or private cemetery or Indian
burial ground located in or within 100 feet of the proposed permit
area.
(9) Land within the proposed
permit area and adjacent area which is within the boundaries of units of the
National System of Trails or the Wild and Scenic Rivers System, including study
rivers designated under section 5(a) of the Wild and Scenic Rivers Act
(16 U.S.C.A. §
1276(a)).
(10) Surface and coal elevations and the
locations of test borings and core samplings.
(11) The locations of existing and proposed
monitoring stations used to gather data on water quality and quantity, fish and
wildlife, subsidence and air quality, if required, in preparation of the
application.
(12) A cross section
of the strata described in this section.
(13) Coal crop lines and the attitude of the
coal in the permit and adjacent areas.
(14) The location and extent of known
workings of active, inactive or abandoned underground mines, including
identification of the coal seams and mine openings to the surface within the
proposed permit and adjacent areas.
(15) The portrayal of major aquifers on cross
sections.
(16) The location of
surface water bodies such as streams, lakes, ponds, springs, constructed or
natural drains and irrigation ditches within the proposed permit and adjacent
areas.
(17) The location and extent
of existing or previously surface-mined areas within the proposed area,
including the coal seam mined.
(18)
The location and dimensions of storage and disposal areas for spoil,
underground development waste, coal processing waste-banks, dams and
embankments-noncoal waste and topsoil.
(19) The location and depth, if available, of
gas and oil wells within the proposed permit area and water wells in the permit
area and adjacent areas.
(20)
Sufficient slope measurements to adequately represent the existing land surface
configuration of the area affected by surface operations and facilities. Slope
measurements shall take into account natural variations in slope to provide
accurate representation of the range of natural slopes and reflect geomorphic
differences of the area to be disturbed.
(21) Landslides within areas to be affected
by surface operations and facilities.
(22) The location, names of the owners and
present occupants and the current use of buildings on and within 1,000 feet of
the perimeter of the proposed permit area.
(23) Other relevant information required by
the Department.
(j)
Role of professionals in preparing permit applications. Maps,
plans and cross sections included in a permit application and required by this
section shall be prepared by, or under the direction of, and certified by a
qualified registered professional engineer, qualified registered professional
land surveyor or qualified registered professional geologist with assistance,
as necessary, from exports in related fields such as landscape architecture,
and shall be updated as required by the Department.
(k)
Preapplication
investigation. The applicant shall conduct a preapplication
investigation of the proposed permit area to determine whether lands within the
area may be prime farmland.
(1) Land will not
be considered prime farmland if the applicant can demonstrate one of the
following:
(i) The land has not been
historically used for cropland.
(ii) The slope of the land is 10% or
greater.
(iii) There are no soil
map units that have been designated prime farmland by the United States
Department of Agriculture Natural Resources Conservation Service, on the basis
of a soil survey of lands within the permit area.
(iv) The area of prime farmland is minimal in
size-less than 5 acres-and has been or will be in use for an extended period of
time-more than 10 years.
(2) If the applicant determines after
investigation that all or part of the lands in the proposed permit area are not
prime farmland, the applicant shall submit with the permit application a
request for a negative determination showing that the lands meet one of the
criteria of paragraph (1).
(3) If
the investigation indicates that lands within the proposed permit area may be
prime farmlands, the applicant shall contact the United States Department of
Agriculture Natural Resources Conservation Service to determine if a soil
survey exists for those lands and whether the applicable soil map units have
been designated as prime farmlands. If no soil survey has been made for the
lands within the proposed area, the applicant shall cause a survey to be
made.
(4) When a soil survey as
required in paragraph (3) includes soil map units that have been designated as
prime farmlands, the applicant shall submit with the permit application a soil
survey of the proposed permit area according to the standards of the National
Cooperative Soil Survey and in accordance with the procedures set forth in the
United States Department of Agriculture Handbooks 436 (Soil Taxonomy, 1975) and
18 (Soil Survey Manual, 1951) as amended. The soil survey shall include a map
unit and representative soil profile description as determined by the United
States Natural Resources Conservation Service for each prime farmland soil
within the proposed permit area unless other representative descriptions from
the locality, prepared in conjunction with the National Cooperative Soil Survey
are available and their use is approved by the State Conservationist, United
States Natural Resources Conservation Service.
(5) When a soil survey as required in
paragraph (3) includes soil map units that have not been designated as prime
farmland after review by the United States Department of Agriculture Natural
Resources Conservation Service, the applicant shall submit with the permit
application a request for negative determination for nondesignated land
establishing compliance with paragraph (1).