If the applicant proposes to relocate a public highway, or conduct surface mining activities within 100 feet of the right-of-way of a public highway, except where the mine access joins that right-of-way, the application shall include a description and necessary drawings, approved by the Department of Transportation or the municipality having jurisdiction over the highway. If approval is not received from the governmental agency having jurisdiction over the public highway, a request to conduct mining activities within 100 feet of the right-of-way of the public highway shall be submitted under § 77.504(b) (relating to distance limitations).
25 Pa. Code § 77.465