Current through Register Vol. 54, No. 44, November 2, 2024
(a) The operation plan shall include a description of the areal and structural geology in the permit and adjacent area, including the lithology of the strata that influence the occurrence, availability, movement and quality of groundwater that may be affected by the underground mining activities. (1) For lands within the proposed permit and adjacent areas and over the coal seam to be mined, the description shall include the results of test borings, coal samplings and the stratum immediately beneath the coal seam to be mined, and overlying strata. When an aquifer or existing deep mine below the lowest coal to be mined may be affected, the description shall also include the aquifer or existing deep mine and overlying strata. For mines not underlain by existing deep mines and greater than 200 feet (60.96 meters) below surface drainage, the description need only include the strata down to and including the stratum immediately below the coal seam to be mined. At a minimum, the description shall include: (i) The location and quality of groundwater.(ii) The depth, lithology and structure of overburden strata.(iii) Coal seam thickness.(iv) Chemical analysis for pollution-forming materials of the stratum immediately above and the stratum immediately below the coal seam to be mined.(v) Chemical analyses for pollution-forming materials of the coal seam including the sulfur content.(2) Additionally, for portions of a permit area in which the strata down to the coal seam to be mined will be removed, as in the face up area, test borings or core samples shall be collected and analyzed down to and including the stratum immediately below the lowest coal seam to be mined. For the purposes of this section, boreholes, drill holes, slopes and shafts do not constitute removal of overburden. The following data shall be provided: (i) Logs of drill holes that show the lithologic characteristics, including physical characteristics and thickness of each stratum, and location and quality of groundwater.(ii) Chemical analyses of each stratum within the overburden and the stratum immediately below the coal seam to be mined to identify those strata that contain pollution-forming or alkalinity-producing materials.(iii) Chemical analyses for pollution-forming materials of the coal seam, including the total sulfur content.(b) An applicant may request that the requirements of subsection (a)(2) be waived in part or in its entirety by the Department. The waiver can be granted only if the Department makes a written determination that the information required by subsection (a)(2) is unnecessary because other information having equal value or effect is available to the Department in a satisfactory form.The provisions of this §89.33 adopted July 30, 1982, 12 Pa.B. 2473, effective 7/31/1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective 7/27/1991, 21 Pa.B. 3316; amended June 12, 1998, effective 6/13/1998, 28 Pa.B. 2761. This section cited in 25 Pa. Code § 86.81 (relating to program services); and 25 Pa. Code § 89.141 (relating to application requirements).