25 Pa. Code § 86.133 - General requirements
(a) A
person who intends to conduct coal exploration shall, prior to conducting the
exploration, file with the Department one copy of a written notice of intention
to explore for each exploration area at least 10 days prior to the exploration
on forms provided by the Department.
(b) The notice shall include:
(1) The name, address and telephone number of
the person seeking to explore.
(2)
The name, address and telephone number of the representative who will be
present at and responsible for conducting the exploration activities.
(3) A map, at a scale of 1:24,000, of the
exploration area showing the extent of the exploration, location of drill holes
and exploration trenches, existing and proposed roads, occupied dwellings,
topographic features, bodies of water and pipelines.
(4) A statement of the period of intended
exploration.
(5) A description of
the practices proposed to be followed to protect the environment from adverse
impacts as a result of the exploration activities.
(c) A person who conducts coal exploration
which substantially disturbs the natural land surface shall comply with §
86.134 (relating to coal
exploration performance and design standards).
(d) The Department will, except as otherwise
provided in §
86.137(b)
(relating to public availability of information), place the notices and the
exploration permit documents, as required under subsection (f) for exploration
on areas designated as unsuitable for mining, on public file and make them
available for public inspection and copying during regular office hours at the
established fee. For the purpose of this section, the exploration permit
documents include the application and documents relating to the decision to
approve or deny the application.
(e)
A person who intends to conduct coal exploration in which coal will be removed
shall, prior to conducting the exploration, obtain a permit under this chapter.
Prior to removal of coal, the Department may waive the requirements for the
permit to enable the testing and analysis of coal properties, if 250 tons (226
metric tons) or less are removed. The removal of more than 250 tons (226 metric
tons) of coal during coal exploration requires a permit under this
chapter.
(f) Coal exploration on
lands where a petition to declare an area unsuitable for mining has been
received by the Department or on lands designated unsuitable for mining shall
be conducted only after a permit has been obtained from the Department. This
permit requirement may not be waived. The Department may prescribe conditions
and requirements necessary to preserve the values sought to be protected in the
petition before approving coal exploration in these areas. The exploration
activities shall be conducted in accordance with §
86.129 (relating to coal
exploration) to insure that the exploration activity does not interfere with a
value for which the area has been designated unsuitable for mining.
(g) A person who conducts coal exploration by
means of boreholes or coreholes shall case, line, seal or otherwise manage the
hole to prevent degradation of the quality of groundwater and surface water,
minimize disturbance to the prevailing hydrologic balance and ensure the safety
of people, livestock, fish and wildlife, and machinery in the permit and
adjacent area, and meet the requirements of §§
89.54 and
89.83 (relating to preventing
discharges from underground mines; and closing of underground mine
openings).
Notes
The provisions of this § 86.133 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).
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