The following words and terms, when used in this
chapter, have the following meanings unless the context clearly indicates
otherwise:
Abandoned-Any operation where no coal
has been produced or overburden removed for a period of 6 months, verified by
monthly reports submitted to the Department by the operator and by inspections
made by the Department, unless an operator within 30 days after receipt of
notification by the Secretary terming an operation abandoned submits sufficient
evidence to the Secretary that the operation is in fact not abandoned and
submits a timetable satisfactory to the Secretary regarding plans for the
reactivation of the operation.
Access roads-Roads located and
constructed, reconstructed, improved or maintained for minimal and infrequent
use to transport equipment and personnel to current and future activity sites.
The term includes the entire area within the right-of-way, including the
roadbed, shoulders, parking and side areas, approaches, structures and
ditches.
Acid drainage-Water with a pH of less
than 6.0 and in which total acidity exceeds total alkalinity, discharged from
an active, inactive or abandoned surface coal mine and reclamation operation or
from an area affected by surface mining activities.
Acid-forming materials-Earth materials
that contain sulfide minerals or other materials which, if exposed to air,
water or weathering processes, form acids that may create acid drainage.
Adjacent area-Land located outside
the permit area, where air, surface or groundwater, fish, wildlife, vegetation
or other resources protected by this chapter may be adversely affected by
surface mining activities.
Affected area-Land or water upon or in
which surface mining activities are conducted or located. The term includes
land in which the natural land surface has been disturbed as a result of or
incidental to the surface activities of the operator, including, but not
limited to, private ways and roads appurtenant to the area, land excavations,
workings, refuse banks, spoil banks, culm banks, tailings, repair areas,
storage areas, processing areas, shipping areas and areas in which structures,
facilities, equipment, machines, tools or other materials or property which
result from or are used in, surface mining operations are situated. The term
includes the land affected by the construction of new roads or the improvement
or substantial use of an existing road to gain access to the site or for
hauling from the site.
Aquifer-A zone, stratum or group of
strata that can store and transmit water in sufficient quantities for a
specific use.
Auger mining-A method of mining coal
at a cliff or highwall by drilling holes into an exposed coal seam from the
highwall and transporting the coal along an auger bit to the surface.
Best technology currently
available-Equipment, devices, systems, methods or techniques which
will:
(i) Prevent, to the extent
possible, additional contributions of suspended solids to stream flow or runoff
outside the permit area, but in no event result in contributions of suspended
solids in excess of requirements set by applicable State or Federal
laws.
(ii) Minimize, to the extent
possible, disturbances and adverse impacts on fish, wildlife and related
environmental values, and achieve enhancement of those resources when
practicable. The term includes equipment, devices, systems, methods or
techniques which are currently available anywhere as determined by the
Secretary, even if they are not in routine use. The term includes, but is not
limited to, construction practices, siting requirements, vegetative selection
and planting requirements, scheduling of activities and design of sedimentation
ponds in accordance with this chapter.
Blast-A detonation of
explosives.
Blasting-The detonation of
explosives
Coal processing waste-Earth materials
which are separated and wasted from the product coal during cleaning,
concentrating or other processing or preparation of coal.
Coal refuse-Any waste coal, rock,
shale, slurry, culm, gob, boney, slate, clay and related materials, associated
with or near a coal seam, which are either brought aboveground or otherwise
removed from a coal mine in the process of mining coal or which are separated
from coal during the cleaning or preparation operations. Coal refuse shall
include underground development wastes, and coal processing wastes, excess
spoil, but does not mean overburden from surface mining.
Combustible material-aterial that is
capable of burning, either by fire or through oxidation, accompanied by the
evolution of heat and a significant temperature rise.
Compaction-Increasing the density of a
material by reducing the voids between the particles and is generally
accomplished by controlled placement and mechanical effort such as from
repeated application of wheel, track or roller loads from heavy
equipment.
Contouring-Reclamation of the land
affected to approximate original contour so that it closely resembles the
general surface configuration of the land prior to mining and blends into and
complements the drainage pattern of the surrounding terrain with no highwall,
spoil piles or depressions to accumulate water and with adequate provision for
drainage.
Cropland-Land used for the production
of adapted crops for harvest, alone or in a rotation with grasses and legumes,
and includes row crops, small grain crops, hay crops, nursery crops, orchard
crops and other similar agronomic and horticultural crops.
Degree-The inclination from the
horizontal.
Disturbed area-An area where
vegetation, topsoil or overburden is removed or upon which topsoil, spoil, coal
processing waste or noncoal waste is placed by surface coal mining activities.
Those areas are classified as disturbed until reclamation is complete, and the
performance bond or other assurance of performance required by Chapter 86
Subchapter F (relating to bonding and insurance requirements) is
released.
Diversion-A channel, embankment or
other manmade structure constructed at a controlled slope to divert water from
one area to another.
Downslope-The land surface between the
projected outcrop of the lowest coalbed being mined along each highwall and a
valley floor.
Dry weather flow-The base flow or
surface discharge from an area or treatment facility which occurs immediately
prior to a precipitation event and which resumes 24 hours after the
precipitation event ends.
Embankment-An artificial deposit of
material that is raised above the natural surface of the land and used to
contain, divert or store water, support roads or railways or for other similar
purposes.
Ephemeral stream-A water conveyance
which lacks substrates associated with flowing waters and flows only in direct
response to precipitation in the immediate watershed or in response to melting
snowpack and which is always above the local water table.
Fugitive dust-That particulate matter
not emitted from a duct or stack which becomes airborne due to the forces of
wind or surface coal mining activities, or both. During surface coal mining
activities, it may include emissions from haul roads; wind erosion of exposed
surfaces; storage piles and spoil piles; reclamation operations; and other
activities in which material is either removed, stored, transported or
redistributed.
Ground cover-The area of ground
covered by the combined aerial parts of vegetation and the litter that is
produced naturally onsite, expressed as a percentage of the total area of
measurement.
Groundwater-All subsurface waters of
the Commonwealth.
Haul road-Includes the
following:
(i) Roads that are planned,
designed, located, constructed, reconstructed or improved, utilized and
maintained for the transportation of equipment, fuel, personnel, coal, spoil
and other operating resources from a public road to points within the surface
mine or between principal operations on the mine site or both, but not
including roads within the pit or on unreclaimed spoil areas.
(ii) Roads (including public roads) which are
constructed, reconstructed, improved, maintained or substantially used as an
integral part of the coal mining activities.
(iii) The entire area within the
right-of-way, including the roadbed, shoulders, parking and side areas,
approaches, structures and ditches.
Highwall-The face of exposed
overburden and coal in an open cut of a surface mining activity or for entry to
underground mining activities.
Historically used for cropland-
(i) Lands that have been used for cropland
for any 5 years or more out of the 10 years immediately preceding the
acquisition, including purchase, lease or option of the land for the purpose of
conducting or allowing, through resale, lease or option, the conduct of surface
coal mining activities.
(ii) Lands
that the Department determines, on the basis of additional cropland history of
the surrounding lands and the lands under consideration, that the permit area
is clearly cropland but falls outside the specific 5-years-in-10 criterion. In
which case, the regulations from prime farmland may be applied to include more
years of cropland history only to increase the prime farmland acreage to be
preserved.
(iii) Lands that would
likely have been used as cropland for any 5 out of the last 10 years
immediately preceding the acquisition, but for the same fact of ownership or
control of the land unrelated to the productivity of the land.
Hydrologic balance-The relationship
between the quality and quantity of water inflow to, water outflow from and
water storage in a hydrologic unit such as a drainage basin, aquifer, soil
zone, lake or reservoir. It encompasses the dynamic relationships among
precipitation, runoff, evaporation and changes in groundwater and surface water
storage.
Hydrologic regime-The entire state of
water movement in a given area. It is a function of the climate and includes
the phenomena by which water first occurs as atmospheric water vapor, passes
into a liquid or solid form, falls as precipitation, moves along or into the
ground surface, and returns to the atmosphere as vapor by means of evaporation
and transpiration.
Impoundment-A closed basin, naturally
formed or artificially built, which is dammed or excavated for the retention of
water, sediment or waste.
Include-Including but not limited
to.
Intermittent stream-A body of water
flowing in a channel or bed composed primarily of substrates associated with
flowing water, which, during periods of the year, is below the local water
table and obtains its flow from both surface runoff and groundwater
discharges.
Land use-Specific uses or
management-related activities, rather than the vegetation or cover of the land.
Land uses may be identified in combination when joint or seasonal uses occur.
Changes of land use from one of the following categories to another shall be
considered as a change to an alternative land use which is subject to approval
by the Department. Land use may be defined as:
(i)
Cropland. Includes land
used for the production of adapted crops for harvest, alone or in a rotation
with grasses and legumes, and includes row crops, small grain crops, hay crops,
nursery crops, orchard crops and other similar agronomic and horticultural
crops. Land used for facilities in support of cropland farming operations which
is adjacent to or an integral part of these operations is also included for
purposes of these land use categories.
(ii)
Pastureland or land occasionally
cut for hay. Land used primarily for the long-term production of
adapted, domesticated forage plants to be granted by livestock or occasionally
cut and cured for livestock feed. Land used for facilities in support of
partureland or land occasionally cut for hay which is adjacent to or an
integral part of these operations is also included.
(iii)
Forestland. Land used
for the long-term production of wood, wood fiber or wood-derived products;
watershed protection; site stabilization and for the production, protection and
management of species of fish and wildlife. Land used for facilities in support
of forestry and watershed management operations which is adjacent to or an
integral part of these operations is also included.
(iv)
Commercial forestland.
Land used and managed primarily for the long-term production of wood, wood
fiber or wood-derived products. Land used for facilities in support of forest
harvest and management operations which is adjacent to or an integral part of
these operations is also included.
(v)
Residential. Includes
single and multiple family housing, mobile home parks and other residential
lodgings. Land used for facilities in support of residential operations which
is adjacent to or an integral part of these operations is also included.
Support facilities include, but are not limited to, vehicle parking and open
space that directly relate to the residential use.
(vi)
Industrial/commercial.
Land used for one or more of the following:
(A) Extraction or transformation of materials
for fabrication of products, wholesaling of products or for long-term storage
of products. This includes heavy and light manufacturing facilities such as
lumber and wood processing, chemical manufacturing, petroleum refining and
fabricated metal products manufacture. Land used for facilities in support of
these operations which is adjacent to or an integral part of these operations
is also included. Support facilities include, but are not limited to, rail,
road and other transportation facilities.
(B) Retail or trade of goods or services,
including hotels, motels, stores, restaurants and other commercial
establishments. Land used for facilities in support of commercial operations
which is adjacent to or an integral part of these operations is also included.
Support facilities include, but are not limited to, parking, storage or
shipping facilities.
(vii)
Recreation. Land used
for developed recreation facilities such as parks, camps and other developed
recreational uses.
(viii)
Fish and wildlife habitat. Land and water used wholly or
partially for the production, protection or management of species of fish or
wildlife.
(ix)
Developed
water resources. Includes land used for storing water for beneficial
uses such as stockponds, irrigation, fire protection, flood control and water
supply.
(x)
Unmanaged
natural habitat. Idle land which does not require a specific
management plan after the reclamation and revegetation have been
accomplished.
Mine opening blasting-Blasting
conducted for the purpose of constructing a shaft, slope, drift or tunnel mine
opening for an underground mine, either operating or under development, from
the surface down to the point where the mine opening connects with the coal
seam to be or being extracted.
Moist bulk density-The weight of soil
(oven dry) per unit volume. Volume is measured when the soil is at field
moisture capacity-1/3 bar moisture tension. Weight shall be determined after
drying the soil at 105° C.
Mulch-Vegetation residue or other
suitable materials that are placed on the soil surface to aid in soil
stabilization and soil moisture conservation, thus providing microclimatic
conditions suitable for seed germination and plant growth.
Noxious plants-Species that have been
included on official State lists of noxious plants.
Operation and maintenance costs-All
costs incurred by the water supply owner or water supply user associated with
utilizing that supply for the purposes served. Examples of these costs include
electricity, chemicals, treatment system maintenance, public water fees and
equipment replacement costs.
Outslope-The face of the soil or
embankment sloping downward from the highest elevation to the toe.
Overburden-The strata or material
overlying a coal deposit or between coal deposits in its natural state and
shall mean material before or after its removal by surface mining.
Perennial stream-A body of water
flowing in a channel or bed composed primarily of substrates associated with
flowing waters and is capable, in the absence of pollution or other manmade
stream disturbances, of supporting a benthic macroinvertebrate community which
is composed of two or more recognizable taxonomic groups of organisms which are
large enough to be seen by the unaided eye and can be retained by a United
States Standard No. 30 seive (28 meshs per inch, 0.595 mm openings) and live at
least part of their life cycles within or upon available substrates in a body
of water or water transport system.
Permanent diversion-A diversion which
is to remain after surface coal mining activities are completed which has been
approved for retention by the Department.
Permit area-The land and water within
the boundaries of the permit which are designated on the permit application
maps, as approved by the Department. This area includes all areas which are or
will be affected by the surface coal mining activities during the term of the
permit.
Precipitation event-A quantity of
water resulting from drizzle, rain, snow, sleet or hail in a limited period of
time. It may be expressed in terms of recurrence interval. As used in this
chapter, "precipitation event" also includes that quantity of water emanating
from snow cover as snow melt in a limited period of time.
Prime farmland-Those lands which are
defined by the Secretary of the Department of Agriculture in
7 CFR
657 (relating to prime and unique farmlands)
and which have been historically used for cropland as that phrase is defined in
this section.
Recharge capacity-The ability of the
soils and underlying materials to allow precipitation and runoff to infiltrate
and reach the zone of saturation.
Reclamation-Those actions taken to
restore the area affected by surface mining activities as required by this
chapter.
Recurrence interval-The interval of
time in which a precipitation event is expected to occur once, on the average.
For example, the 10-year, 24-hour precipitation event expected to occur on the
average once in 10 years.
SMCRA-The Surface Mining Conservation
and Reclamation Act (52 P. S. §§
1396.1-1396.19b).
Safety factor-The ratio of the
available shear strength to the developed shear stress, or the ratio of the sum
of the resisting forces to the sum of the loading or driving forces, as
determined by accepted engineering practices.
Sedimentation pond-A primary sediment
control structure designed, constructed and maintained in accordance with
Subchapter E (relating to surface coal mines: minimum environmental protection
performance standards) and including but not limited to a barrier, dam or
excavated depression which detains water runoff to allow sediment to settle
out. A sedimentation pond shall not include secondary sedimentation control
structures such as straw dikes, riprap, check dams, mulches, dugouts and other
measures that reduce overland flow velocity, reduce runoff volume or trap
sediment, to the extent that the secondary sedimentation structures drain to a
sedimentation pond.
Slope-Average inclination of a
surface, measured from the horizontal, generally expressed as the ratio of a
unit of vertical distance to a given number of units of horizontal distance
(for example, 1v:5h). It may also be expressed as a percent or in
degrees.
Soil horizons-Contrasting layers of
soil parallel or nearly parallel to the land surface. Soil horizons are
differentiated on the basis of field characteristics and laboratory data. The
three major soil horizons are as follows:
(i)
A horizon. The uppermost
mineral layer, often called the surface soil or topsoil. It is the part of the
soil in which organic matter is most abundant, and leaching of soluble salts
and soil elements is typically the greatest.
(ii)
B horizon. The layer
that typically is immediately beneath the A horizon and often called the
subsoil. This middle layer commonly contains more clay, iron or aluminum than
the A or C horizons.
(iii)
C horizon. The deepest layer of soil profile. It consists of
loose material or weathered rock that is relatively unaffected by biologic
activity and closely resembles the parent material.
Soil survey-A field classification and
laboratory analysis resulting in a map showing the geographic distribution of
different kinds of soils and an accompanying report that describes, classifies
and interprets the soils for use. Soil surveys shall meet the standards of the
National Cooperative Soil Survey.
Spoil-Overburden and reject material
that has been removed during surface coal mining operations.
Spoil pile-The overburden and reject
minerals as piled or deposited in surface mining.
Stabilize-To reduce movement of soil,
spoil piles or areas of disturbed earth by modifying the geometry of the mass,
or by otherwise modifying physical or chemical properties, such as by providing
a protective surface coating.
Steep slope-A slope of more than
20° or such lesser slope as may be designated by the Department after
consideration of soil, climate and other characteristics of the region.
Stratum (strata)-A section of geologic
formation that consists throughout approximately the same kind of rock
material; a stratum may consist of an indefinite number of beds.
Substrates-Inorganic sediments which
are 0.05 millimeter in diameter or larger, and include sands, granules,
pebbles, cobbles and boulders, based on Wentworth's Classification.
Surface mining activities-Any
activities meeting the definition of "surface mining activities" as it is
defined at 30 CFR
701.5, which is adopted in its entirety and
incorporated herein by reference.
Suspended solids-Expressed as
milligrams per liter, means organic or inorganic materials carried or held in
suspension in water which are retained by a standard glass fiber filter in the
procedure outlined by the regulations of the EPA for waste water and analyses,
40 CFR Part 136 (relating to guidelines establishing test procedures for the
analysis of pollutants).
Temporary diversion-A diversion of a
stream or overland flow which is used during surface coal mining activities and
not approved by the Department to remain after reclamation as part of the
approved postmining land use.
Terracing-Grading where the steepest
contour of the highwall may not be greater than 35 degrees from the horizontal,
with the table portion of the restored area a nearly level plain without
depressions to hold water and with adequate provision for drainage, unless
otherwise approved by the Department.
Topsoil-The A soil horizon layer of
the three major soil horizons.
Toxic-forming materials-Earth
materials or waste which, if acted upon by air, water, weathering or
microbiological processes, are likely to produce chemical or physical
conditions in soils or water that are detrimental to biota or uses of water.
Water supply-For the purpose of
§§
87.47 and
87.119a (relating to alternative
water supply information; and hydrologic balance: water rights and
replacement), an existing, designated, or currently planned source of water,
facility, or system for the supply of water for human consumption or for
agricultural, commercial, industrial or other uses. Natural soil moisture
utilized by vegetation or crops is not a water supply.
Water supply owner-Landowner or water
supply company.
Water table-The upper surface of a
zone of saturation, where the body of groundwater is not confined by an
overlying impermeable zone.