The following words and terms, when used in this
chapter, have the following meanings, unless the context clearly indicates
otherwise:
AOC-Approximate original
contour.
Abandoned-An operation where no
coal has been produced or overburden removed for 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 determining 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 or reconstructed for minimal or infrequent use to transport
equipment and personnel to current and future activity sites.
Acid drainage-Water with a pH of
less than 6 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 coal 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 outside the
permit area, where air, surface or groundwater, fish and wildlife, vegetation
or other resources protected by this chapter may be adversely affected by
surface coal 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
also includes lands affected by the construction of new roads or the
improvement of existing roads to gain access to the site or for hauling from
the site.
Anthracite mining activities
-Operations handling anthracite coal or anthracite coal-related material,
including, but not limited to, surface mining, the surface affected by
underground mining, bank recovery and reclamation, coal refuse disposal and
coal preparation plant activity, except when an operation is specifically
modified or exempted from this definition.
Aquifer-A zone, stratum or group of
strata that can store and transmit water in sufficient quantities for a known
specific use.
Bank removal and reclamation
activities-The process of extracting anthracite coal from coal banks
which will be disturbed or affected in any manner during the mining.
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 and wildlife and related environmental
values, and achieve enhancement of those resources where 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 detontation of
explosives.
Bottom rock-The rock stratum upon
which a coal seam rests, which is the underclay or seat-earth which
stratigraphically underlies the coal seam except in complex geologic settings
such as overturned folds. The term is synonymous with the highwall in most
anthracite mining operations.
Coal bank-Silt dams, refuse banks,
culm banks, waste banks and similar storage areas into which materials
including anthracite coal have been deposited by raw coal dumping, coal
cleaning, rejection processes and similar procedures during deep mine and
surface mine operations from which existing coal products can be extracted and
marketed.
Coal preparation activity-An
operation in which coal is subject to chemical or physical processing or
cleaning, concentrating or other processing or preparation. The term includes a
facility associated with the coal preparation activity and the activity by
which the land surface has been or is disturbed as a result of or incidental to
coal preparation activity of the operator, including, but not limited to, the
following:
(i) Private ways and roads
appurtenant to the area, land excavations and loading facilities.
(ii) Storage and stockpile
facilities.
(iii) Sheds, shops and
other buildings.
(iv) Water
treatment and water storage facilities.
(v) Settling basins and
impoundments.
(vi) Areas in which
are situated facilities, equipment, machines, tools or other materials or
property which result from, or are used in, the coal preparation activity.
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-A 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. The term includes
underground development waste, coal processing waste and excess spoil; the term
does not mean overburden from surface mining operations.
Combustible material-Material that
is capable of burning, either by fire or through oxidation, accompanied by the
evolution of heat and a significant temperature rise.
Common use roads-These accessways
are existing roadways that normally are utilized by two or more operators,
agencies or persons, or both, for access, safety, fire protection and other
common purposes.
Compaction-The increase of 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 AOC 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; provided, that in
the discretion of the Department, diversion structures and impoundments may be
constructed on the reclaimed area of the operation if they are part of an
approved drainage control plan, meet all applicable requirements of law and do
not interfere with the attachment of AOC.
Contour mining-The type of surface
mining where the coal is mined along the contour of its outcrop, generally in
successive cuts. In anthracite surface mining operations, the term is generally
synonymous with modified block-cut mining.
Cropland-Land used for the
production of adapted crops for harvest, alone or in rotation with grasses and
legumes, including row crops, small grain crops, hay crops, nursery crops,
orchard crops and other similar agronomic and horticultural crops. The term
does not include land primarily used for pastureland or pastureland
occasionally used or cut for hay.
Degree-The inclination from the
horizontal.
Disturbed area-An area where
vegetation, soil or overburden is removed or upon which soil, 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.
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-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. The term includes
public roads that are used as an integral part of the coal mining
activity.
Highwall-The face of exposed
overburden and coal in an open cut of a surface coal mine activity or for entry
to underground mining activities. There may be more than one highwall in an
anthracite surface mine depending on the geologic structure and the
configuration of the open cut. The term includes, but is not limited to, the
bottom rock of a coal mine with steeply inclined coal seams.
Historically used for cropland-One
of the following:
(i) Lands that have
been used for cropland for 5 years or more out of the 10 years immediately
preceding their acquisition-including purchase, lease or option-for the purpose
of conducting or allowing, through resale, lease or option, 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-year-in-10 criterion, in
which case, the provisions for prime farmland in this chapter may be applied to
include more years of cropland history only to increase the prime farmland
acreage to be preserved.
(iii)
Lands that have been controlled for purposes other than cropland and that would
likely have been used for cropland in any 5 out of the last 10 years if the
lands have been acquired 10 or more years ago by a person other than the
current owner.
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.
Impoundment-A closed basin,
naturally formed or artificially built, which is dammed or excavated for the
retention of water, sediment or waste.
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-The surface of the land upon
which surface mining is conducted.
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. A
change 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. The term is further defined as:
(i)
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 specialty 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.
(ii)
Pastureland or land occasionally
cut for hay. Land used primarily for the long-term production of
adopted, domesticated forage plants to be grazed by livestock or occasionally
cut and cured for livestock feed. Land used for facilities in support of
pastureland 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 or 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 or 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 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 the following:
(A) Extraction or transformation of materials
for fabrication of products. This includes all 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 that operation is also included. Support facilities include, but are
not limited to, all 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. 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.
Modified block-cut mining-The type
of surface mining where the mining progresses along the contour or outcrop or
strike of the coal seam by extracting successive blocks of overburden and coal.
In anthracite surface mining operations, the term is generally synonymous with
contour mining. The term may include multiple surface mining pits concurrently
operated within the permit area if the total length of all of the pits is less
than 1,500 feet, unless a pit length variance is granted by the Department
under §
88.115(c)(1)
(relating to backfilling and grading: general requirements).
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 the official Pennsylvania list of noxious plants for the
Commonwealth.
Open pit mining-The type of surface
mining operation involving one or more of the following:
(i) Basin removal operations where the open
pit encompasses the entire cross section of a synclinal basin or a significant
portion thereof unless the cross section of the synclinal basin is relatively
narrow, less than 1,500 feet in width, in which case the operation will be
classified as
modified block-cut mining upon a demonstration by the operator
that the requirements of §
88.115(c)(1) are met.
(ii) Area mining operations.
(iii) Overburden haul back
operations.
(iv) Mining operations
where multiple seams are being mined concurrently within a single mining phase
or multiple mining phases, if the sequence of mining and reclamation operations
are controlled by this phase mining plan developed by the coal operator and the
timing of backfilling and grading operations is controlled by the backfilling
schedule approved by the Department.
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 spoil or
embankment sloping downward from the highest elevation to the toe.
Overburden-The strata or material
overlying a coal deposit or in between coal deposits in its natural state and
includes material before or after its removal by surface mining.
Perennial stream-A body of water
flowing in a channel or bed composed 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 sieve (28 meshs per inch, 0.595 millimeter 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 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.
Prime farmland-Lands that are so
defined by the United States Secretary of Agriculture in
7 CFR
657.5(a) (relating to
identification of important farmlands) and that 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-Actions taken to
restore mined land as required by this chapter to a postmining land use
approved by the Department.
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 is expected to occur on
the average once in 10 years.
Road-A surface right-of-way for
purposes of travel by land vehicles used in coal exploration or surface coal
mining and reclamation operations. A road consists of the entire area within
the right-of-way, including the roadbed shoulders, parking and side area,
approaches, structures, ditches, surface and such contiguous appendages as are
necessary for the total structure. The term includes access and haul roads
constructed, used, reconstructed, improved or maintained for use in coal
exploration or surface coal mining activities, including use by coal-hauling
vehicles leading to transfer, processing or storage areas.
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 and, including,
but not limited to, a barrier, dam or excavated depression which detains water
runoff to allow sediment to settle out. The term may 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, lv:5h. It may also be expressed as a percent or in degrees.
Soil-The best available
vegetation-supporting material.
Soil survey-A field classification
and laboratory analysis of soils in an area resulting in a map showing the
geographic distribution 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 control 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.
Stratum or
strata
-A section of geologic formation that consists throughout of approximately the
same kind of rock material; a stratum may consist of an indefinite number of
beds.
Substrates-Inorganic sediments
which are 0.05 millimeters in diameter or larger, and include coarse sands,
granules, pebbles, cobbles or boulders, based on Wentworth's
Classification.
Surface mining activities-The
surface mining of anthracite coal as well as the surface where anthracite coal
is or is likely to be uncovered, disturbed or affected in any manner during the
mining.
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 EPA's regulations for wastewater and analyses
( 40 CFR
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 shall not be greater than 35° 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.
Toxic-forming materials-Earth
materials or wastes 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.
Underground mine pool-An abandoned
anthracite underground mine whose workings lie wholly or partially below the
normal water table and whose workings have flooded when mining operations
ceased.
Water supply-For the purpose of
§§
88.27 and
88.107a (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 or groundwater is not confined by an
overlying impermeable zone.
