25 Pa. Code § 77.108 - Permit for small noncoal operations
(a) A person who intends to conduct noncoal
surface mining activities from which the total weight of mineral mined per year
is less than 10,000 tons (9,070 metric tons), prior to conducting the
activities, shall apply in writing for a small noncoal permit on forms
furnished by the Department.
(b) In
lieu of the application requirements of this subchapter and Subchapters G and H
(relating to information on environmental resources; and requirements for
operation and reclamation plan), an application for a small noncoal permit
shall include the following:
(1) The name and
business address of the applicant.
(2) An identification of ownership
interests.
(3) Information and
documents required by 77.163 (relating to right of entry).
(4) The type of surface mine and the type of
mineral.
(5) An explanation on how
fugitive dust will be controlled.
(6) The type of reclamation and
revegetation.
(7) The type of
erosion and sediment controls.
(8)
The depth to groundwater, if available.
(9) A United States Geological Survey
topographical map or aerial photograph approved by the Department with the
proposed permit area outlined.
(10)
The estimated production for the year.
(11) A notarized statement signed by the
applicant stating that the yearly production from the proposed mining activity
will not exceed 10,000 tons (9,070 metric tons).
(12) Other information the Department deems
relevant.
(c) The areas
affected by the extraction of noncoal minerals shall be graded and restored to
a slope not to exceed 35° unless approved by the Department under
77.594(2)(v) (relating to final slopes), and will contain no depressions which
will impound water. The affected areas will be revegetated to provide a quick
germinating, fast-growing, effective and permanent vegetative cover of the same
seasonal variety native to the land to be affected and capable of
self-regeneration and plant succession at least equal in extent of cover to the
natural vegetation of the area. Introduced species may be used in the
revegetation process where desirable and necessary to achieve the approved
postmining land use plan. Vegetative cover is considered of the same seasonal
variety when it consists of a mixture of species of equal or superior utility
for the land use, when compared with the utility of naturally-occurring
vegetation during each season of the year.
(d) A person operating under this section
shall comply with Subchapter B (relating to surface mining operator's
license).
(e) In lieu of the
requirements of Subchapter I (relating to environmental protection performance
standards), this permit has the following conditions:
(1) Erosion and sedimentation control
facilities shall be constructed and maintained as necessary to insure
compliance with Chapter 102 (relating to erosion and sediment
control).
(2) The active mining
area may not exceed that necessary to meet the stated production as determined
by geologic conditions at the site and the nature of the material
mined.
(3) The operating face of a
bench may not exceed a height of 25 feet (7.62 meters). Multiple benching shall
be developed as necessary.
(4)
Reclamation shall be conducted concurrently with mining operations on a one for
one basis-1 acre (0.41 hectare) reclaimed for each 1 acre (0.41 hectare) of
area affected, with no more than 1 acre (0.41 hectare) of mineral extraction
area unreclaimed at any time, unless the operator demonstrates, to the
Department's satisfaction, acceptable alternate concurrent
reclamation.
(5) The outer limits
of the area approved by this permit are to be field marked for the duration of
the mining activity.
(6) The
permittee shall comply with the Air Pollution Control Act (35 P. S.
§§
4001-4015) and regulations of the
Department related to air resources, including, but not limited to, §
123.1 and
123.2 (relating to prohibition of
certain fugitive emissions; and fugitive particulate matter) which prohibit the
emission of fugitive particulate matter. These prohibitions apply to all
aspects of the mining operations including, but not limited to, use of roadways
and operation of trucks.
(7) The
permittee shall identify this operation during its lifetime by constructing and
maintaining a weather resistant sign with a minimum size of 2 feet by 3 feet
(60.96 centimeters by 91.44 centimeters) to be located immediately adjacent to
the closest public highway, from which it shall be clearly visible, at the
junction of that public highway with the access road to the operation. The sign
shall be painted with a light background and show, in a contrasting color, the
name of the permittee and the permit number under which the operation is being
conducted. The letters and numbers shall be a minimum height of 1 1/2 inches
(3.81 centimeters).
(8) Topsoil, as
needed for reclamation, shall be conserved onsite for replacement on affected
areas upon completion of mining and prior to revegetation. Topsoil in excess of
that needed for reclamation, as demonstrated by the applicant, may be removed
from the site.
(9) The permittee
shall comply with the distance requirements of 77.504 (relating to distance
limitations and areas designated as unsuitable for mining).
(10) The permittee shall comply with other
conditions the Department may require to assure compliance with the act and
this title.
(11) Blasting shall
conform to the requirements of §
77.561-77.565 (relating to use of
explosives). If the blasting is conducted at a scale distance of 70 or greater,
the blasting does not have to be seismographed and the permittee does not have
to comply with 77.562 and (relating to preblasting surveys and public notice of
blasting schedule). Scale distance (Ds) shall be
determined by the formula W =
(D/Ds)2 where W equals the
maximum weight of explosives, in pounds, to be detonated in any 8 millisecond
period or greater and D equals the distance, in feet, from the blast to the
nearest dwelling, school, church, commercial or institutional
building.
(f) The
Department will publish its decision on a small noncoal permit application and
a final bond release in the Pennsylvania Bulletin. Permit
applications, transfers and bond releases under this section are exempt from
the newspaper public notice requirements of section 10(a) of the act
(52
P.S. §
3310(a)).
(g) It is unlawful for a person who has
obtained a small noncoal surface mining permit to mine more than 10,000 tons
(9,070 metric tons) in a 1-year period from a permit issued under this
section.
(h) A person operating
under a small noncoal permit shall submit a bond in accordance with the bond
rates established by the Department. The minimum bond for a small noncoal
permit is $1,000.
(i) Bond release
shall be based on the reclamation requirements under this section in lieu of
§
77.241-77.243 (relating to release of
bonds).
(j) The maximum permit area
is 5 acres (2.02 hectares) for areas authorized for mining under this
section.
(k) Small noncoal mining
permits or general permit authorizations issued prior to January 31, 1998,
remain valid if all mining activities remain within the area covered by the
permit as of January 31, 1998, and if the total weight of mineral mined per
year does not exceed 2,000 tons (1,814 metric tons).
(l) The Department may by agreement delegate
to a conservation district one or more of its regulatory functions under the
act for surface mining operators licensed to mine less than 2,000 tons (1,814
metric tons) of marketable minerals per year. A conservation district acting
under a delegation agreement has the same powers and duties otherwise vested in
the Department to implement the act to the extent delegated by
agreement.
(m) An application for a
small noncoal permit shall be reviewed, approved or denied in accordance with
§
77.126(a)(1)-(8), (10) and
(11) (relating to criteria for permit
approval or denial).
Notes
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