1. (a) Surface coal mining activities, except support activities, may not be conducted closer than 500 feet to any point of either an active or abandoned underground mine, except to the extent that:

   1. (1) The nature, timing and sequence of the operations that propose to mine closer than 500 feet to an active underground mine are jointly approved by the Department and the Mine Safety and Health Administration.
   2. (2) In the case of operations that propose to mine closer than 500 feet of an abandoned underground mine, the nature, timing and sequence of the operations are approved by the Department.
   3. (3) The activities result in improved resource recovery, abatement of water pollution or elimination of hazards to the health and safety of the public.
2. (b) Surface mining activities shall be designed to protect disturbed surface areas, including spoil disposal areas, so as not to endanger surface or underground mining activities.

Authority

The provisions of this § 87.135 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19a); 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 § 87.135 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (198988) to (198989).

Cross References

This section cited in 25 Pa. Code § 87.76 (relating to surface mining near underground mining); and 25 Pa. Code § 87.176 (relating to auger mining).