Current through Register Vol. 54, No. 44, November 2, 2024
Section 88.491 - Minimum requirements for information on environmental resources(a)General. General requirements shall include the following: (1) Each permit application shall include a description of: (i) The existing premining environmental resources within the proposed permit and adjacent area that may be affected or impacted by the proposed underground mining activities.(ii) The nature of archaeological, cultural and historic resources listed on or eligible for listing on the National Register of Historic Places and known archaeological sites within the proposed permit area. The description shall be based on available information, including, but not limited to, data of State and local archaeological, historic and cultural preservation agencies. The Department may require the applicant to identify and evaluate important historic and archaeological resources that may be eligible for listing on the National Register of Historic Places, through one or more of the following: (A) The collection of additional information.(B) The conducting of field investigations.(C) Other appropriate analysis.(iii) The geology, hydrology and water quality and quantity of lands within the proposed permit area, the adjacent area and the general area. The description shall conform to the following: (A) Information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed permit area and within the general area will be provided by the Department to the extent that this data is available from an appropriate Federal or State agency.(B) If the information in clause (A) is not available from those agencies, the applicant shall gather and submit this information to the Department as part of the permit application.(C) The permit will not be approved by the Department until this information is made available in the application.(iv) The size, sequence and timing of the subareas of the mine for which it is anticipated that individual permits for mining will be requested over the estimated total life of the proposed underground mining activities.(2) The information required in this section may be developed using modeling techniques, but the Department may require verification of models.(b)Geology. The information shall include a general statement of the geology within the proposed permit and adjacent area to the depth of the lowest existing or proposed mine workings. (1) For areas to be affected by surface operations or facilities, the geology of the strata to be disturbed shall be described, including, at a minimum, the lithologic characteristics and physical and chemical properties of each stratum.(2) For lands within the proposed permit and adjacent area which are underlain by the coal seam to be extracted and for the coal seam itself, the description shall include the following: (i) The location of groundwater, if encountered, or the mine pool.(ii) The classification and geologic structure of the overburden.(iii) The pyritic content and potential alkalinity of the strata immediately above and below the coal seam to be mined.(iv) Total and pyritic sulfur content of the coal seam.(3) An applicant may request that the requirements of paragraph (1) be waived by the Department. The waiver may be granted only if the Department makes a written determination that the statement required is unnecessary because other equivalent information is accessible to it in a satisfactory form.(c)Groundwater information. Groundwater information shall include the following: (1) The application shall contain a description of the groundwater hydrology for the proposed permit and adjacent area including, at a minimum, the following: (i) The depths of water tables over the general area.(ii) The hydrologic characteristics.(iii) The uses of the groundwater.(iv) The chemical characteristics of typical groundwaters in the area, including a description of known groundwater quality problems. At a minimum, water quality descriptions shall include total dissolved solids or specific conductance corrected to 25°C, pH, total iron, total manganese, alkalinity, acidity and sulfates.(2) The application shall contain additional information which describes the storage and discharge characteristics of the area and the quality and quantity of groundwater, according to the parameters and in the detail required by the Department.(d)Surface water information. Surface water information shall comply with the following:(1) Surface water information shall be described, including the name of the watershed which will receive water discharges, the location of all surface water bodies such as streams, lakes, ponds and springs, the locations of water discharge into a surface body of water and descriptions of surface drainage systems sufficient to identify the seasonal variations in water quantity and quality within the proposed permit and adjacent areas.(2) Surface water information shall include the following:(i) Minimum, maximum and average discharge conditions which identify critical low flows and peak discharge rates of streams sufficient to identify seasonal variations.(ii) Water quality data to identify the characteristics of surface waters in, discharging into, or which will receive flows of surface water or groundwater from the disturbed area within the proposed permit area, sufficient to identify seasonal variations showing the following:(A) Total dissolved solids in milligrams per liter or specific conductance in micromhos per centimeter corrected to 25°C.(B) Total suspended solids in milligrams per liter.(C) Acidity in milligrams per liter.(D) Alkalinity in milligrams per liter.(E) pH in standard units.(F) Total and dissolved iron in milligrams per liter.(G) Total manganese in milligrams per liter.(H) Sulfates in milligrams per liter.(I) Total aluminum in milligrams per liter.(J) Other information the Department determines to be relevant.(e)Alternative water supply information. The application shall identify the extent to which the proposed underground mining activities may result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent area for domestic, agricultural, industrial or other legitimate use. If contamination, diminution or interruption may result, the description shall identify the alternative sources of water supply that could be developed to replace the existing sources.(f)Climatological information. Climatological information shall comply with the following:(1) When requested by the Department, the application shall contain a statement of the climatological factors that are representative of the proposed permit area, including the following:(i) The average seasonal precipitation.(ii) The average direction and velocity of prevailing winds.(iii) Seasonal temperature ranges.(2) The Department may request additional data deemed necessary to ensure compliance with the requirements of this chapter.(g)Vegetation information. Vegetation information shall include the following:(1) If required by the Department, a map that delineates existing vegetative types and a description of the plant communities within the area affected by surface operations and facilities and within a proposed reference area. This description shall include information adequate to predict the potential for reestablishing vegetation.(2) When a map or aerial photograph is required, sufficient adjacent areas to allow evaluation of vegetation as important habitat for fish and wildlife.(h)Land use information. Land use information shall comply with the following: (1) The application shall contain a statement of the condition, capability and productivity of lands greater than 5 acres which will be affected by surface operations and facilities within the proposed permit area, including the following:(i) A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within 5 years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described.(ii) A narrative of land capability and productivity which analyzes the land use description under subsection (a) in conjunction with other environmental resources information required under this subchapter. The narrative shall provide analyses of the following: (A) The capability of the land before mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the area proposed to be affected by surface operations or facilities.(B) The productivity of the area proposed to be affected by surface operations and facilities before mining, expressed as average yield of food, fiber, forage or wood products from the land obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the United States Department of Agriculture or the Department of Agriculture.(2) The application shall state whether the proposed permit area or adjacent areas have been previously mined and, if so, provide the following information, if available: (i) The type of mining method used.(ii) The coal seams or other mineral strata mined.(iii) The extent of coal or other minerals removed.(iv) The approximate dates of past mining.(v) The uses of the land preceding mining.(3) The application shall contain a description of the existing land uses and land use classifications under local law, if any, of the proposed permit and adjacent areas.(i)Maps and cross sections. The permit application shall include maps, cross sections or plans showing the following:(1) The boundaries and names of present owners of record of land, both surface and subsurface, for the proposed permit and adjacent lands; and the boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin underground mining activities.(2) The boundaries of areas proposed to be affected over the estimated total life of the underground mining activities, with a description of size, sequence and timing of the mining of subareas.(3) The location of surface and subsurface manmade features within, passing through, or passing over the proposed permit area, including, but not limited to, electric transmission lines and pipelines.(4) The location and boundaries of proposed reference areas for determining the success of revegetation.(5) The locations of public water supply intakes within a 10-mile distance downstream of each discharge, and the locations of water discharge into a surface body of water within the permit and adjacent area.(6) Each public road located in or within 100 feet of the proposed permit area.(7) The boundaries of public parks and locations of any cultural or historical resources listed on or eligible for listing on the National Register of Historic Places and known archaeological sites within the permit and adjacent areas.(8) Each public or private cemetery or Indian burial ground located in or within 100 feet of the proposed permit area.(9) Land within the proposed permit area and adjacent area which is within the boundaries of units of the National System of Trails or the Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C.A. § 1276(a)).(10) Surface and coal elevations and the locations of test borings and core samplings.(11) The locations of existing and proposed monitoring stations used to gather data on water quality and quantity, fish and wildlife, subsidence and air quality, if required, in preparation of the application.(12) A cross section of the strata described in this section.(13) Coal crop lines and the attitude of the coal in the permit and adjacent areas.(14) The location and extent of known workings of active, inactive or abandoned underground mines, including identification of the coal seams and mine openings to the surface within the proposed permit and adjacent areas.(15) The portrayal of major aquifers on cross sections.(16) The location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains and irrigation ditches within the proposed permit and adjacent areas.(17) The location and extent of existing or previously surface-mined areas within the proposed area, including the coal seam mined.(18) The location and dimensions of storage and disposal areas for spoil, underground development waste, coal processing waste-banks, dams and embankments-noncoal waste and topsoil.(19) The location and depth, if available, of gas and oil wells within the proposed permit area and water wells in the permit area and adjacent areas.(20) Sufficient slope measurements to adequately represent the existing land surface configuration of the area affected by surface operations and facilities. Slope measurements shall take into account natural variations in slope to provide accurate representation of the range of natural slopes and reflect geomorphic differences of the area to be disturbed.(21) Landslides within areas to be affected by surface operations and facilities.(22) The location, names of the owners and present occupants and the current use of buildings on and within 1,000 feet of the perimeter of the proposed permit area.(23) Other relevant information required by the Department.(j)Role of professionals in preparing permit applications. Maps, plans and cross sections included in a permit application and required by this section shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer, qualified registered professional land surveyor or qualified registered professional geologist with assistance, as necessary, from exports in related fields such as landscape architecture, and shall be updated as required by the Department.(k)Preapplication investigation. The applicant shall conduct a preapplication investigation of the proposed permit area to determine whether lands within the area may be prime farmland.(1) Land will not be considered prime farmland if the applicant can demonstrate one of the following:(i) The land has not been historically used for cropland.(ii) The slope of the land is 10% or greater.(iii) There are no soil map units that have been designated prime farmland by the United States Department of Agriculture Natural Resources Conservation Service, on the basis of a soil survey of lands within the permit area.(iv) The area of prime farmland is minimal in size-less than 5 acres-and has been or will be in use for an extended period of time-more than 10 years.(2) If the applicant determines after investigation that all or part of the lands in the proposed permit area are not prime farmland, the applicant shall submit with the permit application a request for a negative determination showing that the lands meet one of the criteria of paragraph (1).(3) If the investigation indicates that lands within the proposed permit area may be prime farmlands, the applicant shall contact the United States Department of Agriculture Natural Resources Conservation Service to determine if a soil survey exists for those lands and whether the applicable soil map units have been designated as prime farmlands. If no soil survey has been made for the lands within the proposed area, the applicant shall cause a survey to be made.(4) When a soil survey as required in paragraph (3) includes soil map units that have been designated as prime farmlands, the applicant shall submit with the permit application a soil survey of the proposed permit area according to the standards of the National Cooperative Soil Survey and in accordance with the procedures set forth in the United States Department of Agriculture Handbooks 436 (Soil Taxonomy, 1975) and 18 (Soil Survey Manual, 1951) as amended. The soil survey shall include a map unit and representative soil profile description as determined by the United States Natural Resources Conservation Service for each prime farmland soil within the proposed permit area unless other representative descriptions from the locality, prepared in conjunction with the National Cooperative Soil Survey are available and their use is approved by the State Conservationist, United States Natural Resources Conservation Service.(5) When a soil survey as required in paragraph (3) includes soil map units that have not been designated as prime farmland after review by the United States Department of Agriculture Natural Resources Conservation Service, the applicant shall submit with the permit application a request for negative determination for nondesignated land establishing compliance with paragraph (1).The provisions of this §88.491 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 March 13, 2020, effective 3/14/2020, 50 Pa.B. 1508.The provisions of this §88.491 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); section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); and section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7(b)).
This section cited in 25 Pa. Code § 86.37 (relating to criteria for permit approval or denial); 25 Pa. Code § 88.492 (relating to minimum requirements for reclamation); and 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards).