1. (a) An application shall contain a description, with appropriate maps and cross sections of the measures to be taken during and after the proposed noncoal mining activities under Subchapter I (relating to environmental protection performance standards), to ensure the protection of the quality and quantity of surface water and groundwater, both within the proposed permit and adjacent areas, from the adverse effects of the proposed noncoal mining activities, and the rights of present users of surface water and groundwater along with a determination of the hydrologic consequences of the proposed noncoal mining activities.

2. (b) An application shall also contain the following in the detail required by the Department:

   1. (1) A plan for the control, under Subchapter I, of surface water and groundwater drainage into, through and out of the proposed permit and adjacent area.
   2. (2) A plan for the treatment, under Subchapter I, if necessary, of surface water and groundwater drainage from the area to be disturbed by the proposed activities to meet the effluent standards under § 77.522 (relating to effluent standards).
   3. (3) A plan for the collection, recording and reporting of groundwater and surface water quality and quantity data under § 77.532 (relating to surface water and groundwater monitoring).
   4. (4) A determination of the probable effects on the surface water and groundwater of the proposed mining activities, on the proposed permit and adjacent area, with respect to the hydrologic regime and the quantity and quality of water in surface water and groundwater systems, including the parameters the Department deems relevant.

Source

The provisions of this § 77.457 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.

Notes of Decisions

Description of Protection

Under subsection (a)(2) of 25 Pa. Code § 77.126, the Department of Environmental Resources may not issue a permit unless the permit application had affirmatively demonstrated that the proposed noncoal surface mining activities can reasonably be accomplished under the operation and reclamation plan contained in the application. Among the information to be included in the operation and reclamation plan was a description of the measures to be taken during and after mining to ensure protection of the rights of present users of surface and groundwater under subsection (a) of this regulation. Plumstead Township v. Department of Environmental Resources, 1995 EHB 741.

Evidence

Evidence was sufficient to calculate the probable effects on the surrounding area. Plumstead Township v. Department of Environmental Resources, 1995 EHB 741.

Permit Application Contents

An applicant for a quarry mining permit must provide detailed information concerning the hydrogeology beneath the site and adjacent areas. Under subsection (a) of this regulation, an application for a noncoal surface mining permit must contain: a description of the measures to be taken to ensure the protection of the quantity and quality of surface and groundwater within and adjacent to the permit area; and a determination of the hydrologic consequences of the proposed mining activities. Furthermore, under subsections (b)(1) and (4), an application must also include: a plan to control surface and groundwater drainage into, through, and out of the permit and adjacent areas; and a determination of the probable effects of mining activities on the hydrologic regime and the quantity and quality of water in surface and groundwater systems. Plumstead Township v. Department of Environmental Resources, 1995 EHB 897.