(a) At the time of filing an application with
the Department, an applicant for a permit, transfer, renewal or revision under
§
77.142 (relating to public notice
of permit revision) shall place an advertisement in a local newspaper of
general circulation in the locality of the proposed noncoal mining activities
once a week for 4 consecutive weeks. The advertisement shall contain the
following information:
(1) The name and
business address of the applicant.
(2) The local government and county in which
the operation is located. If the operation spans multiple jurisdictions, then
each local government and county shall be listed.
(3) The receiving stream.
(4) A map or description which shall:
(i) Clearly show or describe towns, rivers,
streams or other bodies of water, local landmarks and other information,
including routes, streets or roads and accurate distance measurements,
necessary to allow local residents to readily identify the proposed permit
area.
(ii) Clearly show or describe
the exact location and boundaries of the proposed permit area, and the
receiving stream.
(iii) State the
name of the United States Geological Survey 7.5 minute quadrangle map which
contains the area shown or described.
(iv) If a map is used, indicate the north
point.
(5) The location
where a copy of the application is available for public inspection under
subsection (b).
(6) The name and
address of the Department's appropriate District or Regional Office to which
written comments, objections or requests for public hearings or informal
conferences on the application may be directed.
(7) If an applicant seeks to open or expand a
pit within 100 feet of the outside line of right-of-way of a public highway;
within 300 feet of an occupied dwelling house or Commercial or industrial
building, unless released by the owner thereof; within 300 feet of a public
building, school or community or institutional building; within 300 feet of a
public park; or within 100 feet of a cemetery or the bank of a perennial or
intermittent stream, the applicant shall give public notice under 77.504(b)(1)
(relating to distance limitations and areas designated as unsuitable for
mining).
(b) No later than
the first date of the newspaper advertisement under subsection (a), the
applicant shall file a complete copy of the application except as provided
under 77.124(a) (relating to public availability of information in permit
applications) for the public to copy and inspect at a public office approved by
the Department in the county where the noncoal mining activities are to
occur.
(c) During the public
notification period, the applicant shall notify each property owner within the
proposed permit area, by certified mail, of the proposed permit except for
surface landowners who have a completed Consent of Landowner form submitted
with the application.
(d) Upon
acceptance of an application for review, the Department will publish notice of
the proposed activities in the Pennsylvania
Bulletin.
(e) Upon
acceptance of an application for review, the Department will notify, in
writing:
(1) Each local government in which
the activities are located.
(2)
Federal, State and local government agencies with jurisdiction over or an
interest in the area of the proposed activities.
(f) The content of the notice shall include:
(1) The application numbers.
(2) The name and business address of the
applicant.
(3) Each local
government and county in which the operation is located.
(4) The receiving streams.
(5) A brief description of the operation and
the location.
(6) The location
where a copy of the application may be inspected.
(7) Where comments on the application may be
submitted.
