25 Pa. Code § 77.1
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
AOC-Approximate original contour-Contouring as defined in this section.
Acid drainage-Water with a pH of less than 6 in which total acidity exceeds total alkalinity.
Acid-forming materials-Earth materials that contain sulfide minerals or other materials, which, if exposed to air, water or weathering processes, form acids that may create acid drainage.
Act-The Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301-3326).
Active operation-An operation in which a minimum of 500 tons of minerals for commercial purposes have been removed in the preceding calendar year.
Adjacent area-Land located outside the permit area within 1,000 feet.
Aggregate Advisory Board-The Board created by section 18(g.1) of the Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.18(g.1)) regarding the creation, composition and duties of the Aggregate Advisory Board.
Annual administration fee-A nonrefundable filing fee assessed on an annual basis for the cost to the Department of inspecting a permitted activity or facility to administer the permit.
Applicant-A person who seeks to obtain a permit from the Department to conduct noncoal mining activities under this chapter.
Application-The documents and other information filed with the Department for the issuance of a permit.
Aquifer-A zone, stratum or group of strata that can store and transmit water in sufficient quantities for a specific use.
Blast-A detonation of explosives.
Blasting-The detonation of explosives.
Bond-An instrument by which a permittee assures faithful performance of the requirements of the environmental acts and the act and applicable regulations promulgated thereunder.
Common use roads-Existing roadways that normally are utilized by two or more operators, agencies or persons for access, safety, fire protection and other common purposes.
Compaction-Increasing the bulk density of a material by reducing the voids between the particles which is generally accomplished by controlled placement and mechanical effort, such as from repeated application of wheel, track or roller loads from heavy equipment.
Complete application-An application for a permit which contains an application form properly completed, signed and witnessed, a filing fee, proof of publication, the standard reports or forms required by the Department to process a permit and which demonstrates compliance with applicable laws and regulations.
Contouring-Reclamation of the land affected to approximate original contour so that it closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain with no highwall, spoil piles or depressions to accumulate water and with adequate provision for drainage.
Degree-The inclination from the horizontal.
Disturbed area-An area where vegetation, topsoil or overburden is removed or upon which topsoil, spoil or noncoal waste is placed by surface mining activities. Areas are classified as disturbed until reclamation is complete and the performance bond or other assurance of performance required by Subchapter D (relating to bonding and insurance requirements) is released.
Diversion-A channel, embankment or other manmade structure constructed at a controlled slope to divert water from one area to another.
Embankment-An artificial deposit of material that is raised above the natural surface of the land and used to contain, divert or store water; support roads or railways; or for similar purposes.
Environmental acts-The term includes the following:
Ephemeral stream-A water conveyance which lacks substrates associated with flowing waters and flows only in direct response to precipitation in the immediate watershed or in response to melting snowpack and which is always above the local water table.
Fugitive dust-Particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or surface noncoal mining activities, or both. During surface noncoal mining activities the term may include emissions from haul roads; wind erosion of exposed surfaces, storage piles, processing facilities and spoil piles; reclamation operations; and other activities in which material is either removed, stored, transported or redistributed.
General area-The topographic and groundwater basin, with respect to hydrology, surrounding a permit area which is of sufficient size, including areal extent and depth, to include one or more watersheds containing perennial streams and groundwater zones.
General permit-A permit that is used for any category of noncoal surface mining activities authorized by the act if the Department determines that the activities in the category are similar in nature and can be adequately regulated utilizing standardized specifications and conditions. A general permit shall specify the design, operating and monitoring requirements necessary to adequately protect life, health, property and the environment and under which the surface mining activities may be conducted.
Ground cover-The area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally onsite, expressed as a percentage of the total area of measurement.
Groundwater-Subsurface waters of the Commonwealth.
Haul road-Roads that are planned, designed, located, constructed, utilized and maintained for the life of the surface mine activities for the transportation of equipment, fuel, personnel, noncoal and other operating resources from a public highway or common use road to points within the surface mine or between principal operations on the mine site, or both. The term does not include roads within the pit.
Highwall-The face of exposed overburden and mineral in an open cut of a surface mining operation or for entry to underground mining activities.
Hydrologic balance-The relationship between the quality and quantity of water inflow to, water outflow from and water storage in a hydrologic unit, such as a drainage basin, aquifer, soil zone, lake or reservoir. The term includes the dynamic relationships among precipitation, runoff, evaporation and changes in groundwater and surface water storage.
Impoundment-A closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water, sediment or waste.
Insignificant boundary correction-A small or inconsequential change to the permit boundary to correct an error in mapping, surveying or other minor adjustment that results in no significant difference in environmental impact.
Intermittent stream-A body of water flowing in a channel or bed composed primarily of substrates associated with flowing water which, during periods of the year, is below the local water table and obtains its flow from both surface runoff and groundwater discharges.
Land use-Specific uses or management-related activities. Land uses may be identified in combination when joint or seasonal uses occur. Changes of land uses from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the Department. The term includes the following:
Landowner-The person or municipality in whom legal title to the land is vested.
Large noncoal permit-A mining permit that authorizes the extraction of greater than 10,000 tons per year of noncoal materials.
Local government-A city, borough, incorporated town or township.
Major permit revision-A revision to a permit that requires public notice.
Mine opening blasting-Blasting conducted for the purpose of constructing a shaft, slope, drift or tunnel mine opening for an underground mine, either operating or under development, from the surface down to the point where the mine opening connects with the mineral strata to be or being extracted.
Minor permit revision-A revision to a permit that does not require public notice.
Mulch-Vegetation residue or other suitable materials that are placed on the soil surface to aid in soil stabilization and soil moisture conservation, thus providing micro-climatic conditions suitable for seed germination and plant growth.
Municipality-A county, city, borough, incorporated town, township, institution, school district or an authority created by one or more of the foregoing.
NPDES-National Pollutant Discharge Elimination System.
Noncoal exploration-The field gathering of surface or subsurface geologic, physical or chemical data by mapping, trenching, drilling, geophysical or other techniques necessary to determine the quality of overburden and mineral of an area or the gathering of environmental data, where the activities substantially disturb the area, to establish the conditions of an area before beginning noncoal mining activities under this chapter.
Noncoal minerals-An aggregate or mass of mineral matter, whether or not coherent, that is extracted by surface mining. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite, and clay. The term does not include peat. The term does not include anthracite or bituminous coal or coal refuse, except as provided in section 4 of the act (52 P.S. § 3304).
Noncoal surface mining activities-The extraction of minerals from the earth, from waste or stockpiles or from pits or from banks by removing the strata or material that overlies or is above or between them or otherwise exposing and retrieving them from the surface. The term includes strip mining, auger mining, dredging, quarrying and leaching and the surface activity connected with surface or underground mining, including, but not limited to, exploration, site preparation, entry, tunnel, drift, slope, shaft and borehole drilling and construction and ancillary and customary activities related thereto. The term does not include mining operations carried out beneath the surface by means of shafts, tunnels or other underground mine openings. The term does not include the following:
Noxious plants-Species that have been included on the official State list of noxious plants for the Commonwealth under 3 Pa.C.S. Chapter 15 (relating to controlled plants and noxious weeds).
Occupied dwelling-A permanent building or mobile home that has become part of the real estate and currently is being used on a regular or temporary basis for human habitation.
Operator-A person or municipality engaged in a noncoal surface mining as a principal as distinguished from an agent or independent contractor. If more than one person is engaged in noncoal mining activities in a single operation, they shall be deemed jointly and severally responsible for compliance with the environmental acts and the act.
Overburden-The strata or material overlying a noncoal deposit or in between noncoal deposits in its natural state and material before or after its removal by surface mining.
Perennial stream-A body of water flowing in a channel or bed composed primarily of substrates associated with flowing waters and capable, in the absence of pollution or other manmade stream disturbances, of supporting a benthic macroinvertebrate community which is composed of two or more recognizable taxonomic groups of organisms which are large enough to be seen by the unaided eye and can be retained by a United States Standard No. 30 sieve (28 meshes per inch, .595 mm openings) and live at least part of their life cycles within or upon available substrates in a body of water or water transport system.
Permanent diversion-A diversion which is to remain after surface noncoal mining activities are completed which has been approved for retention by the Department.
Permit-A permit issued by the Department to conduct noncoal mining activities.
Permit application fee-A nonrefundable filing fee due at the time of submission of an application. The permit application fee is required for an application to be considered complete.
Permit area-
Permit status-An indicator of the level of progress of mining activity at a permitted facility. Permit statuses are as follows:
Permittee-A person holding, or required to hold by the act and the environmental acts, a permit issued by the Department to conduct noncoal mining activities.
Person-A natural person, partnership, association, corporation or municipality; or an agency, instrumentality or entity of Federal or State government.
Precipitation event-A quantity of water resulting from drizzle, rain, snow, sleet or hail in a limited period of time. The term may be expressed in terms of recurrence interval. The term also includes the quantity of water emanating from snow cover as snow melt in a limited period of time.
Property-Real or personal property.
Public highway-A road designated as a public highway under the laws of the jurisdiction in which it is located and which is maintained by public funds.
Public park-A park area formally designated as a public park by statute or otherwise dedicated or designated by a governmental agency or nonprofit organization for long-term, public recreational use, whether or not the use is limited to certain times or days, and which is part of the public domain for future generations, including land which is leased, severed or held open to the public for that long-term use.
Reclamation-Actions taken to reclaim the area affected by surface mining activities as required by this chapter.
Recurrence interval-The interval of time in which a precipitation event is expected, on the average, to occur once. For example, the 10-year, 24-hour precipitation event expected to occur on the average once in 10 years.
Related party-A partner, associate, officer, director, Limited Liability Company member, Limited Liability Company manager, parent corporation, subsidiary corporation, affiliate, or person by or under common control with the applicant, contractor or subcontractor.
Sedimentation pond-A primary sediment control structure, including, but not limited to, a barrier, dam, or excavated depression which detains water runoff to allow sediment to settle out. The term does not include secondary sedimentation control structures, such as straw dikes, riprap check dams, mulches, dugouts and other measures that reduce overland flow velocity, reduce runoff volume or trap sediment, to the extent that secondary sedimentation structures drain to a sedimentation pond.
Slope-Average inclination of a surface, measured from the horizontal, generally expressed as the ratio of a unit of vertical distance to a given number of units of horizontal distance (for example, 1v:5h). The term may also be expressed as a percent or in degrees.
Small noncoal permit-A mining permit that authorizes the extraction of up to 10,000 tons of noncoal minerals per year.
Soil horizons-Contrasting layers of soil parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The three major soil horizons are as follows:
Spoil-Overburden and reject material that has been removed during surface noncoal mining operations.
Spoil pile-The overburden and reject minerals as piled or deposited in surface mining.
Stabilize-To reduce movement of soil, spoil piles or areas of disturbed earth by modifying the geometry of the mass, or by otherwise modifying physical or chemical properties, such as by providing a protective surface coating.
Stratum (Strata)-A section of geologic formation that consists of approximately the same kind of rock material throughout and may consist of an indefinite number of beds.
Terracing-Grading where the steepest contour of the highwall is not greater than 35 degrees from the horizontal, with the table portion of the restored area a nearly level plain without depressions to hold water and with adequate provision for drainage, unless otherwise approved by the Department.
Topsoil-The A soil horizon layer of the three major soil horizons.
Toxic-forming materials-Earth material or waste, which, if acted upon by air, water, weathering or microbiological processes, is likely to produce chemical or physical conditions in soils or water that are detrimental to biota or water uses.
Underground noncoal mining activities-An operation whereby noncoal minerals are extracted from beneath the surface by means of shafts, tunnels, adits or other mine openings, including underground construction, operation and reclamation of mine openings; underground mining, hauling, pumping and blasting; in situ processing, and other subsurface activities in connection with the mine.
Violation notice-A written notification from a Commonwealth governmental entity of a violation of law, whether by letter, memorandum, legal or administrative pleading or other written communication.
Waters of the Commonwealth-Rivers, streams, creeks, rivulets, impoundments, ditches, water courses, storm sewers, dammed water, ponds, springs and other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.
25 Pa. Code § 77.1
The provisions of this §77.1 amended under sections 7(a) and 11 of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. §§ 3307(a) and 3311); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. §§ 510-17 and 510-20); sections 5 and 6 of The Clean Streams Law (35 P.S. §§ 691.5 and 691.6); and sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1396.4(a) and 1396.4b).
This section cited in 25 Pa. Code § 77.101 (relating to general requirements for permits); 25 Pa. Code § 77.126 (relating to criteria for permit approval or denial); and 25 Pa. Code § 287.2 (relating to scope).