25 Pa. Code § 88.492 - Minimum requirements for reclamation and operation plan
(a)
General
requirements. An application shall contain a description of the mining
operations proposed to be conducted during the life of the mine within the
proposed permit area, including, at a minimum, the following:
(1) A narrative description of the type and
method of coal mining procedures and proposed engineering techniques,
anticipated annual and total production of coal, by tonnage, and the major
equipment to be used during mining operations.
(2) A narrative explaining the construction,
modification, use, maintenance and removal of the following facilities and
structure unless retention of the facility or structures is necessary for
postmining land use as specified in §
89.88 (relating to postmining land
use):
(i) Dams, embankments and other
impoundments.
(ii) Overburden and
topsoil handling and storage areas.
(iii) Coal removal, handling, storage,
cleaning and transportation areas.
(iv) Spoil, coal processing waste, mine
development waste and noncoal waste removal, handling, storage, transportation
and disposal areas and structures.
(v) Mine facilities.
(vi) Water pollution control
facilities.
(3) A
description of the measures to be used to maximize the use and conservation of
the coal resources as required in §
89.61 (relating to coal
recovery).
(4) A description of the
measures to be employed to ensure that debris, acid-forming and toxic-forming
materials, and materials constituting a fire hazard are disposed of in
accordance with this title and a description of the contingency plans which
have been developed to preclude sustained combustion of the
materials.
(5) A description,
including appropriate cross sections and maps, of the measures to be used to
seal or manage mine openings, to plug, case, line or manage exploration holes,
other boreholes, wells and other openings within the proposed permit
area.
(6) A description of steps to
be taken to comply with the requirements of applicable pollution control laws
and regulations and safety standards.
(b)
Existing structures.
(1) An application shall contain a
description of each existing structure proposed to be used in connection with
or to facilitate the mining operation. Existing structures do not include
support facilities and utility installations as identified in §
89.67 (relating to support
facilities). The description shall include the following:
(i) Location.
(ii) Current condition.
(iii) A showing, including relevant
monitoring data or other evidence, indicating whether the structure meets the
performance standards of this chapter.
(2) An application shall contain a compliance
plan for each existing structure proposed to be modified or reconstructed for
use in connection with or to facilitate the underground mining and reclamation
operation. The compliance plan shall include the following:
(i) Design specifications for the
modification or reconstruction of the structure to meet the design and
performance standards of this chapter.
(ii) A construction schedule.
(iii) Provisions for monitoring the structure
during and after modification or reconstruction to ensure that the performance
standards of this chapter are met.
(iv) A showing that the risk of harm to the
environment or to public health or safety is not significant during the period
of modification or reconstruction.
(c)
Reclamation plan
requirements.
(1) An application
shall contain a plan for reclamation of lands which have been or will be
disturbed in support of the underground mining activities. The plan shall show
how the applicant will comply with the environmental performance standards of
this title, and shall include, at a minimum, the information required in this
subsection.
(2) A plan shall
contain the following information:
(i) A
timetable for the completion of each major step in the reclamation
plan.
(ii) An estimate of the cost
of the reclamation of the proposed operations required to be covered by a
performance bond under this title, with supporting calculations for the
estimates.
(iii) A plan for
backfilling, soil stabilization, compacting and grading, with contour maps or
cross sections that show the anticipated final surface configuration of the
proposed disturbed area in accordance with the performance standards of this
chapter.
(iv) A plan for removal,
storage and redistribution of topsoil, subsoil and other material to meet the
performance standards of this chapter.
(v) A plan for revegetation as required in
§§ 88.121-88.130.
(3) A plan shall contain a description of the
proposed use, following reclamation, of the lands to be affected within the
proposed permit area by surface operations or facilities, including a
discussion of the utility and capacity of the reclaimed land to support a
variety of alternative uses, and the relationship of the proposed use to
existing land use policies and plans. This description shall explain the
following:
(i) The necessary support
activities which may be needed to achieve the proposed land use.
(ii) Materials needed for approval of the
alternative use under §
89.88 where a land use different
from the premining land use is proposed.
(iii) The consideration given to making the
proposed underground mining activities consistent with surface owner plans and
applicable State and local land use plans and programs.
(4) The description shall be accompanied by a
copy of the comments concerning the proposed use from the legal or equitable
owner of record of the surface areas to be affected by surface operations or
facilities within the proposed permit area, and from the State and local
government agencies which would have to initiate, implement, approve or
authorize the proposed use of the land following reclamation.
(d)
Protection of
hydrologic balance.
(1) An
application shall contain a plan describing, with appropriate maps and cross
sections, the measures to be taken during and after the proposed underground
mining activities, in accordance with the performance standards of this
chapter, to ensure the protection of:
(i) The
quality of surface water and groundwater, both within the proposed permit area
and adjacent areas, from adverse effects of the proposed underground mining
activities.
(ii) The rights of
present users to surface water and groundwater.
(iii) The quantity of surface water and
groundwater, both within the proposed permit and adjacent area, from adverse
effects of the proposed underground mining activities.
(iv) Water quality by locating openings for
mines in accordance with §
89.54 (relating to preventing
discharges from underground mines).
(2) The description shall include the
following:
(i) A plan for the control of
surface and groundwater drainage into, through and out of the permit
area.
(ii) A plan for the
treatment, if required, of surface and groundwater drainage from the permit
area, and proposed quantitative limits on pollutants, as required under §
9.64 (relating to air resources
protection), and if applicable, how the requirements of Chapters 123 and 127
(relating to standards for contaminants; and construction, modification,
reactivation and operation of sources) will be met.
(iii) A plan for collecting, recording and
reporting surface water and groundwater quality and quantity data in accordance
with §§
88.105 and
88.106 (relating to hydrologic
balance: groundwater monitoring; and hydrologic balance: surface water
monitoring). The plan shall identify monitoring locations and sampling
frequency, and logically relate to the determination of probable hydrologic
consequences in paragraph (3).
(3) The description shall include a
determination of the probable hydrologic consequences of the proposed
underground mining activities on the proposed permit area and adjacent area,
with respect to the hydrologic regime and the quantity and quality of water in
surface water and groundwater systems under all seasonal conditions. The
determination shall address the parameters measured in accordance with §
88.491 (relating to minimum
requirements for information on environmental resources).
(4) A plan shall contain a detailed
description, with appropriate drawings, of permanent entry seals and coal
barriers designed to ensure stability under anticipated hydraulic heads
developed while promoting mine inundation after mine closure for the proposed
permit area.
(5) A plan shall
contain a description of possible alterations in the mine development plan or
method of mining in response to adverse impacts on the hydrologic balance as
indicated by the groundwater monitoring system.
(e)
Ponds, impoundments, banks, dams
and embankments. Ponds, impoundments, banks, dams and embankments
shall comply with the following:
(1) An
application shall include a plan for each proposed sedimentation pond, water
impoundment and coal processing waste bank, dam or embankment within the
proposed permit area. A plan shall:
(i) Be
prepared by, or under the direction of, a qualified person in accordance with
the requirements of this title.
(ii) Contain a description, map and cross
section of the structure and its location.
(iii) Contain a preliminary hydrologic and
geologic information required to assess the hydrologic impact of the
structure.
(iv) Contain a survey
describing the potential effect on the structure from subsidence of the
subsurface strata resulting from past underground mining operations.
(v) Contain a certification statement which
includes a schedule setting forth the dates when detailed design plans for
structures that are not submitted within the general plan will be submitted to
the Department. The Department will have approved, in writing, the detailed
design plan for a structure before construction of the structure
begins.
(vi) Include geotechnical
investigation, design and construction requirements for the
structure.
(vii) Describe the
operation and maintenance requirements for each structure.
(viii) Describe the timetable and plans to
remove each structure, if appropriate.
(2) Sedimentation ponds, whether temporary or
permanent, shall be designed in compliance with the performance standards of
this chapter. A sedimentation pond or earthen structure which will remain on
the proposed permit area as a permanent water impoundment shall also be
designed to comply with the performance standards of this chapter.
(3) Permanent and temporary impoundments
shall be designed to comply with §§
88.101-88.103 (relating to hydrologic
balance: permanent impoundments; hydrologic balance: dams, ponds, embankments
and impoundments-design, construction and maintenance; and hydrologic balance:
coal processing waste dams and embankments).
(4) Coal processing waste banks shall be
designed to comply with Subchapters C and D (relating to anthracite bank
removal and reclamation: minimum environmental protection performance
standards; and anthracite refuse disposal: minimum environmental protection
performance standards).
(5) Coal
processing waste dams and embankments shall be designed to comply with §
88.103. A plan shall comply with
the requirements of the Mine Safety and Health Administration,
30 CFR
77.216-1 and
77.216-2 (relating to water,
sediment or slurry impoundments and impounding structures; identification; and
water, sediment or slurry impoundments and impounding structures; minimum plan
requirements; changes or modifications; certification) and shall contain the
results of a geotechnical investigation of the proposed dam or embankment
foundation area to determine the structural competence of the foundation which
will support the proposed dam or embankment structure and the impounded
material. The geotechnical investigation shall be planned and supervised by an
engineer or engineering geologist, according to the following:
(i) The number, location and depth of borings
and test pits shall be determined using current prudent engineering practice
for the size of the dam or embankment, quantity of material to be impounded and
subsurface conditions.
(ii) The
character of the overburden and bedrock, the proposed abutment sites and
adverse geotechnical conditions which may affect the particular dam, embankment
or reservoir site shall be considered.
(iii) Springs, seepage and groundwater flow
observed or anticipated during west periods in the area of the proposed dam or
embankment shall be identified on each plan.
(iv) Consideration shall be given to the
possibility of mudflows, rock debris falls or other landslides into the dam,
embankment or impounded material.
(f)
Protection of public parks and
historic places.
(1) For
publicly-owned parks or historic places listed on the National Register of
Historic Places that may be adversely affected by the proposed operations, each
application shall describe the measures to be used to accomplish the following:
(i) Prevent adverse impacts and meet the
requirements of Chapter 86, Subchapter D (relating to areas unsuitable for
mining).
(ii) Minimize adverse
impacts, if valid existing rights exist or joint agency approval is to be
obtained under Chapter 86, Subchapter D.
(2) The Department may require the applicant
to protect historic or archaeological properties listed on or eligible for
listing on the National Register of Historic Places through appropriate
mitigation and treatment measures. Appropriate mitigation and treatment
measures may be required to be taken after permit issuance. The required
measures shall be completed before the properties are affected by anthracite
underground activity.
(g)
Relocation or use of public roads. An application shall
describe, with appropriate maps and cross sections, the measures to be used to
ensure that the interests of the public and landowners affected are protected
if the applicant seeks to have the Department approve the following:
(1) Conducting the proposed surface
operations or locating facilities within 100 feet of the right-of-way line of
any public road, except where mine access or haul roads join that
right-of-way.
(2) Relocating a
public road.
(h)
Underground development wastes. A plan shall contain
descriptions, including appropriate maps and cross sections of the proposed
disposal methods and sites, for placing underground development waste and
excess spoil generated at surface areas affected by surface operations and
facilities. A plan shall describe the geotechnical investigation, design,
construction, operation, maintenance and removal, if appropriate, of the
structures.
(i)
Air
pollution control plan. The description shall include an air pollution
control plan which includes the following:
(1)
A plan demonstrating compliance with fugitive dust control practices, as
required under §
89.64, and if applicable, how the
requirements of Chapters 123 and 127 will be met.
(2) Air quality control monitoring to provide
sufficient data to evaluate the effectiveness of the air pollution control
plan, if required by the Department.
(j)
Maps and plans. An
application shall contain maps, plans and cross sections of the proposed permit
and adjacent areas as follows:
(1) The maps,
plans and cross sections shall show the underground mining activities to be
conducted and changes in the facility or feature to be caused by the proposed
operations.
(2) The following shall
be shown for the proposed permit area:
(i)
Buildings, utility corridors and facilities to be used.
(ii) Coal storage, cleaning and loading
areas.
(iii) Water diversion,
collection, conveyance, storage and discharge facilities to be used.
(iv) The sources of waste and each waste
disposal facility relating to coal processing or pollution control.
(v) Facilities to be used to protect and
enhance fish and wildlife-related environmental values.
(vi) Surface facilities for explosive storage
and handling.
(vii) The location of
each sedimentation pond, water impoundment, water treatment and air pollution
control facility.
(viii) The
location of each facility that will remain on the proposed permit area as a
permanent feature after the completion of underground mining
activities.
(3) Maps,
plans and cross sections required under paragraph (2)(iii) and (vii) shall be
prepared by, under the direction of, and certified by a qualified registered
professional engineer, qualified registered professional land surveyor or
qualified registered professional geologist with assistance from experts in
related fields.
(k)
Transportation facilities. Transportation facilities shall
comply with the following:
(1) An application
shall contain a description of each road, conveyor and rails system to be
constructed, used or maintained within the proposed permit area. The
description shall include a map, appropriate cross section and the following:
(i) The specifications for each road width,
road gradient, road surface, road cut, fill, embankment, culvert, bridge,
drainage ditch and drainage structure.
(ii) A report of appropriate geotechnical
analysis, when approval of the Department is required for alternative
specifications or for steep-cut slopes.
(iii) A description of each measure to be
taken to obtain approval of the Department for alteration or relocation of a
natural drainageway.
(iv) A
description of measures, other than use of a rock headwall, to be taken to
protect the inlet end of a ditch relief culvert.
(2) The person who conducts the underground
mining activities shall maintain, as required, public roads used in coal
exploration or underground mining activities.
(l)
Return of coal processing and
underground development waste to abandoned underground workings.
Return of coal processing and underground development waste to abandoned
underground workings shall comply with the following:
(1) A plan shall describe the design,
operation and maintenance of a proposed coal processing and underground
development waste disposal facility, including flow diagrams and other
necessary drawings and maps, for the approval of the Department and the Mine
Safety and Health Administration.
(2) A plan shall describe the source and
quality of waste to be stowed, area to be backfilled, percent of the mine void
to be filled, method of constructing underground retaining walls, influence of
the backfilling operation on active underground mine operations, surface area
to be supported by the backfill and the anticipated occurrence of surface
effects following backfilling.
(3)
The applicant shall describe the source of the hydraulic transport medium,
method of dewatering the placed backfill, retainment of water underground,
treatment of water if released to surface streams and the effect on the
hydrologic regime.
(4) The plan
shall describe the stratum underlying the mined coal and gradient from the
backfilled area.
(5) The
requirements of paragraphs (1)-(4) also apply to pneumatic backfilling
operations, except when the operations are exempted by the Department from
requirements specifying hydrologic monitoring.
(m)
Prime farmlands. A
person who conducts or intends to conduct underground mining activities on
prime farmlands shall submit a plan, as part of the permit application,
demonstrating that the land will be restored, within a reasonable time, to
equivalent or higher levels of yield as nonmined prime farmland in the
surrounding area under equivalent levels of management, and that the standards
for successful revegetation in §
88.493 (relating to minimum
environmental protection performance standards) can be achieved.
(n)
Fish and wildlife protection and
enhancement plan. An application shall include the fish and wildlife
information in §
88.62 (relating to fish and
wildlife protection and enhancement plan).
Notes
The provisions of this § 88.492 amended under the Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1396.1-1396.19a); The Clean Streams Law (35 P.S. §§ 691.1-691.1001); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
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