Current through Register Vol. 54, No. 44, November 2, 2024
Section 88.31 - Maps and plans(a) An application shall contain maps and plans for the proposed permit and adjacent area showing the following:(1) The boundaries and the names of present owners of record of land, both surface and subsurface, for the proposed permit and adjacent lands; and the boundaries of the land within the proposed permit area which the applicant has the legal right to enter and begin anthracite coal mining activities.(2) The boundaries of the land to be affected.(3) The boundaries of the areas proposed to be affected over the estimated total life of the proposed operation.(4) The location, names of the owners, and the current use of buildings on and within 1,000 feet of the perimeter of the proposed permit area.(5) The location and the names of public roads, railroads, utility lines and other surface and subsurface manmade features within or adjacent to the proposed permit area.(6) The location and principals of current public and private surface water supplies that have intakes on the receiving stream within 10 miles downstream of the proposed permit area, public water supplies on or within 1/2 mile of the affected area, and private water supplies on or within 1,000 feet of the proposed permit area.(7) The location and elevations of monitoring stations, springs and wells.(8) The boundaries of land within the proposed permit adjacent area identified in Chapter 86, Subchapter C (relating to small operator assistance program) as unsuitable, limited or prohibited to mining.(9) The boundaries of public parks and locations of 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 area.(10) Each known public or private cemetery or Indian burial ground located in or within the permit or adjacent area.(11) Land within the proposed permit and adjacent area which is within the boundaries of the National Trails System 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)).(12) The drainage area above and below the proposed permit area and the location and names of surface water bodies, such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the affected and adjacent areas.(13) The municipality or township and county and, if in a township, the nearest municipality.(14) The elevation and location of test borings and core samplings if utilized.(15) The nature, depth and thickness of the coal or rider seams and each stratum of overburden to the depth of the stratum immediately below the lowest coal seam to be mined.(17) The ownership, if known, location and extent of known workings of active, inactive and abandoned underground mines, including mine openings to the surface within the proposed permit and adjacent areas.(18) The location and extent of existing or previously surface-mined areas.(19) The location and areal extent of existing areas of spoil, waste and noncoal waste disposal, dams, embankments, other water treatment and air pollution control facilities within the proposed permit area.(20) The location and depth, if available, of gas wells within the proposed permit area.(21) Sufficient slope measurements or contours to adequately represent the existing land surface configuration of the proposed permit area, measured and recorded according to the following: (i) Each measurement shall consist of an angle of inclination along the prevailing slope extending 100 linear feet above and below or beyond the coal outcrop or the area to be disturbed or, where this is impractical, at locations specified by the Department.(ii) When the area has been previously mined, the measurements shall extend at least 100 feet beyond the limits of mining disturbances, or another distance determined by the regulatory authority to be representative of the premining configuration of the land.(iii) 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.(22) The location of each haul road and access road and appropriate cross sections, design drawings and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches and drainage structures for each road to be constructed, used or maintained within the proposed permit area, but not including roads within the pit or proposed spoil areas.(23) Other information the Department deems relevant.(b) Maps, plans and cross sections required by this section shall be on a scale satisfactory to the Department, but not less than 1:25,000 and in a manner satisfactory to the Department. The maps or plans and cross sections shall be prepared 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.The provisions of this §88.31 adopted December 19, 1980, 10 Pa.B. 4789, effective 7/31/1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective 8/10/1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended June 15, 1990, 20 Pa.B. 3383, effective 7/27/1991, 21 Pa.B. 3316; amended June 25, 1993, effective 6/26/1993, 23 Pa.B. 3075; amended December 15, 1995, effective 12/16/1995, 25 Pa.B. 5821.The provisions of this §88.31 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).
This section cited in 25 Pa. Code § 86.81 (relating to program services); 25 Pa. Code § 86.261 (relating to program services); 25 Pa. Code § 88.21 (relating to responsibilities); and 25 Pa. Code § 88.381 (relating to general requirements).