Current through Register Vol. 54, No. 44, November 2, 2024
Section 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.(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: (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).The provisions of this §88.492 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; amended May 8, 1998, effective 5/9/1998, 28 Pa.B. 2227.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).
This section cited in 25 Pa. Code § 86.149 (relating to determination of bond amount); 25 Pa. Code § 86.151 (relating to period of liability); and 25 Pa. Code § 86.172 (relating to criteria for release of bond).