1. (a) Mining activities will be deemed to be noncoal mining activities if the extraction of coal is incidental to the extraction of other minerals and the coal extracted does not exceed 16 2/3% of the tonnage of materials removed for purposes of commercial use or sale. Coal extraction is incidental when the coal is geologically located above the mineral to be mined and is extracted in order to mine the principal mineral.
2. (b) The incidental extraction of coal under subsection (a) shall conform to § 86.5 (relating to extraction of coal incidental to noncoal surface mining).

Authority

The provisions of this § 77.3 amended under the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.1—1396.19a); sections 4 and 11(a) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § § 3304 and 3311(a)); 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).

Source

The provisions of this § 77.3 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial page (198658).