Current through Register Vol. 54, No. 44, November 2, 2024
Section 77.504 - Distance limitations and areas designated as unsuitable for mining(a) Except as provided in subsection (b), a person may not conduct noncoal surface mining activities, other than borrow pits for highway construction purposes, as follows: (1) Within 100 feet (30.48 meters) of the outside line of right-of-way of a public highway.(2) Within 300 feet (91.44 meters) of an occupied dwelling house or commercial or industrial building, unless released by the owner thereof.(3) Within 300 feet (91.44 meters) of a public building, school, community or institutional building.(4) Within 300 feet (91.44 meters) of a public park.(5) Within 100 feet (30.48 meters) of a cemetery.(6) Within 100 feet (30.48 meters) of the bank of a perennial or intermittent stream.(b) The Department may allow operators to operate within the distance limitations of subsection (a) if the operator demonstrates:(1)Expansion of pits. For opening or expansion of pits, that special circumstances warrant operations within the distance limitations, that the environment and the interests of the public and landowners affected thereby will be adequately protected and that there are no feasible or prudent alternatives to opening the pit within the distance limitations. Prior to allowing operations within the distance limitations, the operator shall give public notice of the application in two newspapers of general circulation in the area, once a week for 2 successive weeks, and shall give notice by mail to the municipality in which the operation is located. If a person files an objection with the Department and requests a public hearing or informal conference in writing within 20 days of the last publication thereof, the Department will conduct a public hearing or informal conference.(2)Support areas. For parts of surface mining activities other than opening or expansion of pits, that special circumstances warrant activities within the distance limitations, that the public health and safety will not be endangered, that the environment and the interests of the public and the landowners affected thereby will be adequately protected and that there are no feasible or prudent alternatives to conducting those aspects of the activity within the distance limitations.(c) A solid barrier of undisturbed material, 125 feet (38.1 meters) in radius shall be maintained around oil and gas wells unless one of the following apply:(1) The well is sealed under the Oil and Gas Act (58 P. S. §§ 601.101-601.605) and regulations thereunder.(2) The Department approves, in writing, a lesser distance if the following apply: (i) Access to the well is provided at all times.(ii) The integrity of the well is maintained.(iii) The well operator agrees in writing to the lesser distance.(d) Areas to be affected within the 100-feet (30.48 meters) stream barrier shall meet the requirements of § 77.523 (relating to water obstructions and encroachments) in addition to subsection (b).(e) When the surface mining activities would be conducted within 300 feet (91.44 meters) measured horizontally of an occupied dwelling or commercial or industrial building, the applicant shall submit with the application a written waiver from the owner of the dwelling or building, consenting to the activities within a closer distance of the dwelling or building as specified in the waiver. The waiver shall be: (1) Knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the owner.(2) Effective against subsequent purchasers of the dwelling or building who had actual or constructive knowledge of the existing waiver at the time of purchase. A subsequent purchaser shall be deemed to have constructive knowledge if the waiver was recorded at the office of the recorder of deeds in the county in which the dwelling or building is located or if the surface mining activities have proceeded to within the 300 foot (91.44 meters) limit prior to the date of purchase.(f) The following areas are designated as unsuitable for all or certain types of noncoal surface mining activities:(1) The 203-acre tract of land located within Pequea Township, Lancaster County, as described on Lancaster County Tax Assessment Map 15K-8 as lot 7 and recorded in the Lancaster County Office for Recording of Deeds, Deed Book O-80, pages 437-438, except for the subdivision recorded in Subdivision Plan Book J-129, page 49. This tract is unsuitable for all types of surface mining activities.(2) The land area encompassed by the perimeter of an area extending 50 feet from the known horizontal extent of two cavern areas located in Haines Township, Centre County, described as follows: The rectangular tract of lands beginning at a point 170 feet due East of the centerline of the entrance to Stover Cave No. 1; thence North 21 degrees West 190 feet to a point; thence South 69 degrees West 440 feet to a point; thence South 21 degrees East 190 feet to a point; thence North 69 degrees East 40 feet to the place of beginning. Containing 2 acres. Said tract of land is located on a tract of land owned by Raymond Decker described in Deed Book 476, page 1099, and a tract of land owned by Eli Hostetler, described in Deed Book 560, page 1068. This tract is unsuitable for all types of noncoal surface mining activities.The provisions of this §77.504 adopted March 16, 1990, effective 3/17/1990, 20 Pa.B. 1643; amended September 30, 1994, effective 10/1/1994, 24 Pa.B. 4887; amended January 30, 1998, effective 1/31/1998, 28 Pa.B. 619.The provisions of this §77.504 amended under sections 5 and 315(i)(2) and (j)-(n) of The Clean Streams Law (35 P. S. §§ 691.5 and 691.315(i)(2) and (j)-(n)); and sections 1920-A and 1930-A of The Administrative Code of 1929 (71 P. S. §§ 510-20 and 510-30).
This section cited in 25 Pa. Code § 77.102 (relating to compliance with existing permits); 25 Pa. Code § 77.108 (relating to permit for small noncoal operations); 25 Pa. Code § 77.109 (relating to noncoal exploration activities); 25 Pa. Code § 77.121 (relating to public notices of filing of permit applications); 25 Pa. Code § 77.123 (relating to public hearings-informal conferences); 25 Pa. Code § 77.126 (relating to criteria for permit approval or denial); 25 Pa. Code § 77.410 (relating to maps, cross sections and related information); 25 Pa. Code § 77.465 (relating to public highways); and 25 Pa. Code § 77.631 (relating to general requirements).