(a) An
applicant for a
permit, transfer or
renewal, or for revision as required by §
86.54 (relating to public notice
of
permit revision) shall place at the time of filing an
application with the
Department, an advertisement in a local newspaper of general circulation in the
locality of the proposed coal mining activities at least once a week for 4
consecutive weeks. The advertisement shall contain, at a minimum, the following
information:
(1) The name and business
address of the applicant.
(2) 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) Indicate the north point, if a map is
used.
(3) The location
where a copy of the application is available for public inspection under
subsection (b).
(4) The name and
address of the
Department's appropriate district or
regional office to which
written comments, objections or requests for informal conferences on the
application may be submitted under §§
86.32 and
86.34 (relating to opportunity for
submission of written comments or objections on the
permit application; and
informal conferences).
(5) A
concise statement describing the public road, the particular part to be
relocated, where the relocation is to occur and the duration of the relocation,
if an applicant seeks a permit to mine within 100 feet (30.48 meters) of the
outside right-of-way of a public road or to relocate a public road.
(6) If an applicant seeks a variance to
conduct coal mining activities within 100 feet (30.48 meters) of a stream, a
description of the activities and the name of the stream.
(b) No later than the first date of the
newspaper advertisement under subsection (a), the
applicant for a new
permit,
except as provided in §
86.35(a)
(relating to public availability of information in
permit applications), shall
file a complete copy of the
application for the public to copy and inspect at a
public office approved by the
Department in the county where the coal mining
activities are to occur. The
applicant shall file a subsequent revision of the
application for a new
permit with that office at the same time the revision is
submitted to the
Department. In the case of repermitting under §§
86.12 and
86.14 (relating to continued
operation under interim permits; and
permit application filing deadlines),
permit renewals under §
86.55 (relating to
permit
renewals: general requirements),
permit revisions under §
86.52 (relating to
permit
revisions) and
permit transfers under §
86.56 (relating to transfer of
permit), the
permittee shall indicate in the public notice that a copy of the
permit and accompanying documents is available for inspection and copying at
the appropriate district or
regional office.
(c) Upon receipt of a
complete application,
the
Department will publish notice of the proposed activities in the
Pennsylvania Bulletin and send written notice to the
following:
(1) The city, borough, incorporated
town or township in which the activities are located.
(2) Sewage and water treatment authorities
and water companies that may be affected by the activities.
(3) Governmental planning agencies with
jurisdiction to act with regard to land use, air or water quality planning in
the area of the proposed activities.
(4) Federal, State and local government
agencies with jurisdiction over or an interest in the area of the proposed
activities, including, but not limited to, general governmental entities and
fish and wildlife and historic preservation agencies.
(d) The content of the notice shall include:
(1) The application number.
(2) The name and address of the
applicant.
(3) The township and
county in which the operation is located.
(4) The receiving stream.
(5) A brief description of the operation and
the location.
(6) The location
where a copy of the application may be inspected.
(7) The location where comments on the
application may be submitted.
(8) A
statement that the application is for a new permit, a renewal of an existing
permit or the transfer of an existing permit to a new operator.
(e) The applicant for a permit,
transfer or renewal or revision for surface mining activities who proposes to
conduct surface mining activities within 125 feet (38.1 meters) of a permitted
or registered oil or gas well shall send to each permittee or to any owner or
agent of any owner of a permitted or registered oil or gas well a notice, by
certified mail, return receipt requested, that the applicant intends to conduct
surface mining activities within 125 feet (38.1 meters) of the well. The notice
shall include the information required by subsection (a)(1)-(4). The notice
shall be sent by certified mail prior to the filing of the surface mining
activities permit application with the Department. If the applicant
demonstrates that it has made a good faith effort to comply with this
requirement by mailing the required notice to the address of record or last
known address of the registered well owner or permittee, and the notice has
been returned as undeliverable or refused, notice may be deemed made by
publication in compliance with subsection (a). Where a permittee under an
approved surface mining permit proposes to conduct surface mining activities
within 125 feet (38.1 meters) of a permitted or registered oil or gas well, and
if publication of the proposed activities is not required, the surface mining
permittee shall send the notice required by this subsection by certified mail,
return receipt requested, to the owner, agent of an owner or permittee of a
permitted or registered oil or gas well within 125 feet (38.1 meters) of the
activities at least than 60 days prior to conducting the activities.
Notes
The
provisions of this § 86.31 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 June 15,
1990, 20 Pa.B. 3383, effective 7/27/1991, 21 Pa.B. 3316; amended May 8, 1998,
effective 5/9/1998, 28 Pa.B.
2227; amended March 13, 2020, effective 3/14/2020, 50 Pa.B.
1508.
The provisions of this § 86.31 amended under section 5 of
The Clean Streams Law (35 P.S. §
691.5); sections 4(a) and 4.2 of the Surface
Mining Conservation and Reclamation Act (52 P.S. §§
1396.4(a) and
1396.4b); section
3.2 of the Coal Refuse Disposal
Control Act (52 P.S. §
30.53b);
section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
(52 P.S. §
1406.7(b)); and
section 1920-A of The Administrative Code of 1929 (71 P.S. §
510-20).
This section cited in 25 Pa. Code §
86.32 (relating to opportunity for
submission of written comments or objections on the permit application); 25 Pa.
Code §
86.34 (relating to informal
conferences); 25 Pa. Code §
86.52 (relating to permit
revisions); 25 Pa. Code §
86.54 (relating to public notice
of permit revision); 25 Pa. Code §
86.55 (relating to permit
renewals: general requirements); 25 Pa. Code §
86.56 (relating to transfer of
permit); 25 Pa. Code §
86.70 (relating to proof of
publication); 25 Pa. Code §
86.129 (relating to coal
exploration on areas designated as unsuitable for surface mining operations);
25 Pa. Code §
87.62 (relating to operational
information); 25 Pa. Code §
88.42 (relating to operational
plan: general information); 25 Pa. Code §
90.31 (relating to general
requirements); and 25 Pa. Code §
290.104 (relating to beneficial
use at coal mining activity sites).
