The following words and terms, when used in this
subchapter, have the following meanings, unless the context clearly indicates
otherwise:
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 impacted by
mining and reclamation operations.
Aquifer-A zone, stratum or group of
strata that can store and transmit water in sufficient quantities for a
specific use.
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 enchancement 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.
Coal-Anthracite coal.
Coal seam-Anthracite coal vein.
Cropland-Land used for the production
of adapted crops for harvest, alone or in a rotation with grasses and legumes.
The term includes row crops, small grain crops, hay crops, nursery crops,
orchard crops and similar specialty crops.
Disburbed area-An area where
vegetation, topsoil or overburden is removed or upon which topsoil, spoil, coal
processing waste, underground development waste or noncoal waste is placed by
coal mining operations.
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.
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.
Historically used for cropland-One or
more of the following:
(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 such
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. The term 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.
Interim permit-A permit issued by the
Department prior to the effective date of these regulations and in accordance
with the requirements of Chapter 13 (relating to compliance with the Surface
Mining Control and Reclamation Act of 1977).
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.
Mine-All underground areas contained
within a continuous barrier of undisturbed coal and all openings to the surface
from those areas.
Operator-A person or municipality
engaged in underground mining activities as a principal, as distinguished from
an agent or independent contractor. When more than one person is engaged in
coal mining activities in a single operation, they shall be deemed jointly and
severally responsible for compliance with the provisions of the Surface Mining
Conservation and Reclamation Act (52 P. S. §§
1396.1-1396.19b), The Clean Streams Law
(35 P. S. §§
691.1-691.1001) and the
Coal Refuse Disposal Control Act (52 P. S. §§
30.51-30.66).
Overburden-The strata or material
overlying a coal deposit or in between coal deposits in its natural state, and
such 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 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 underground mining activities are completed and which has
been approved for retention by the Department.
Permit area-The mine and areas where
underground mining activities occur.
Precipitation event-A quantity of
water resulting from drizzle, rain, snow, sleet or hail in a limited period of
time. The term may be expressed in terms of recurrence interval. The term
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 Agriculture in 7 CFR Part 657 (relating to prime
and unique farmlands) (
Federal Register, Vol. 43, No. 21) and
which have historically been used for cropland as that phrase is defined in
this section.
Property to be mined-The surface and
mineral estates on and underneath lands which are within the permit
area.
Reclamation-Actions taken to restore
the area affected by underground mining activities as required by this
chapter.
Sedimentation pond-A primary sediment
control structure designed, constructed and maintained in accordance with
Subchapter C (relating to anthracite bank removal and reclamation; 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. The term does 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.
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.
Stratum (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 includes sands, granules,
pebbles, cobbles and boulders, based on Wentworth's Classification.
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.
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.
Toxic mine drainage-Water that is
discharged from active or abandoned mines or other areas affected by coal
exploration or underground mining activities, which contains a substance that
through chemical action or physical effects is likely to kill, injure or impair
biota commonly present in the area that might be exposed to it, or may be
harmful to the public health and welfare.
Underground development waste-Waste
rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone or
related materials that are excavated, moved and disposed of as part of the
construction activities in preparing the mine for coal production.
Underground mining activities-The term
includes the following:
(i) Surface
operations incident to underground extraction of coal or in situ processing,
such as construction, use, maintenance and reclamation of roads, aboveground
repair areas, storage areas, processing areas, shipping areas, areas upon which
are sited support facilities, including hoist and ventilating ducts, areas used
for the disposal and storage of waste, and areas on which materials incident to
underground mining operations are placed.
(ii) Underground operations, such as
underground construction, operation and reclamation of shafts, adits,
underground support facilities, in situ processing and underground mining,
hauling, storage and blasting.
(iii) Operation of the mine, including
preparatory work in connection with the opening or reopening of a mine,
backfilling, sealing and other closing procedures, and any other work done on
land or water in connection with the mine.
Water table-A mine pool or the upper
surface of a zone of saturation, where the body of groundwater is not confined
by an overlying impermeable zone.
