Current through Register Vol. 54, No.43, October 26, 2024
Section 86.134 - Coal exploration performance and design standardsThe following performance standards are applicable to coal exploration which substantially disturbs the land surface:
(1) Habitats of unique value for fish, wildlife and other related environmental values may not be disturbed during coal exploration.(2) Roads used for coal exploration shall comply with the following: (i) A new road in the exploration area shall comply with §§ 87.160 and 87.166 (relating to haul roads and access roads; and haul roads and access roads: restoration).(ii) Existing roads may be used for exploration in accordance with the following: (A) Applicable Federal, State and local requirements shall be met.(B) If the road is significantly altered for exploration, including, but not limited to, change of grade, widening or change of route, or if the use of the road for exploration contributes additional suspended solids to streamflow or runoff, paragraph (6) applies to the areas of the road which are altered or which result in the additional contributions.(C) If the road is significantly altered for exploration activities or will remain as a permanent road after exploration activities are completed, theperson conducting exploration shall ensure that the requirements of §§ 87.160 and 87.166, as appropriate, are met for the design, construction, alteration and maintenance of the road.(iii) Promptly after exploration activities are completed, existing roads used during exploration shall be reclaimed to one or more of the following:(A) A condition equal to or better than their preexploration condition.(B) The condition required for permanent roads under §§ 87.160 and 87.166, as appropriate.(3) If excavations, artificial flat areas or embankments are created during exploration, these areas shall be returned to the approximate original contour promptly after the features are no longer needed for coal exploration.(4) Topsoil shall be removed, stored and redistributed on disturbed areas as necessary to assure successful revegetation.(5) All areas disturbed by coal exploration activities shall be revegetated in a manner that encourages prompt revegetation and recovery of a diverse, effective and permanent vegetative cover.(6) With the exception of small and temporary diversions of overland flow of water around new roads, drill pads and support facilities, ephemeral, intermittent or perennial streams may not be diverted during coal exploration activities. Overland flow of water shall be diverted in a manner that: (ii) Prevents additional contributions of suspended solids to streamflow or runoff outside the exploration area, to the extent possible using the best technology currently available.(iii) Complies with other applicable State or Federal requirements.(7) Each exploration hole, borehole, well or other underground opening created or encountered by exploration shall meet the requirements of §§ 87.93, 89.54 and 89.83 (relating to casing and sealing of drilled holes; preventing discharges from underground mines; and closing of underground mine openings).(8) Facilities and equipment shall be removed from the exploration area promptly when they are no longer needed for exploration, except for facilities and equipment that the Department determines may remain to do one of the following: (i) Provide additional environmental quality data.(ii) Reduce or control the onsite and offsite effects of the exploration activities.(iii) Facilitate future surface mining and reclamation operations by the person conducting the exploration, under an approved permit.(9) Coal exploration shall be conducted in a manner which minimizes disturbance of the prevailing hydrologic balance, and shall include sediment control measures, or sedimentation ponds which comply with Chapter 89, Subchapter A (relating to erosion and sedimentation control).(10) Toxic- or acid-forming materials shall be handled and disposed of in accordance with §§ 87.110 and 87.145 (relating to hydrologic balance: acid-forming and toxic-forming spoil; and backfilling and grading: covering coal and acid-forming and toxic-forming materials.)(11) Coal exploration and related reclamation activities shall be conducted to avoid damage to, or destruction of, known historic resources.The provisions of this §86.134 adopted December 19, 1980, 10 Pa.B. 4789, effective 7/31/1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective 7/31/1982, 12 Pa.B. 2382; amended February 17, 1984, 14 Pa.B. 524, effective 8/4/1984, 14 Pa.B. 2860; 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 §86.134 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1-1396.19a); the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1-1406.21); 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 § 86.129 (relating to coal exploration on areas designated as unsuitable for surface mining operations); and 25 Pa. Code § 86.133 (relating to general requirements).