DECEMBER 12, 1996


Members Present: Fred Wolf, Chairman, Tony Ercole, Jack Chamberlin, John Ford, and Walter Heine.

Also present were: Alan Tamm from Gannett Fleming; Duane Feagley from the PA Anthracite Council; Nina Huizinga from the DEP Policy Office; Joe Pizarchik from the DEP Chief Counsel’s Office; Rod Fletcher, Evan Shuster, and Nevin Strock from the BMR; Rod Kelley from the Office of Mineral Resources Management.

The meeting was called to order at 9:00 am.

The committee was given the task of discussing the Proposed Regulation on Water Supply Protection/Replacement Regulation, Chapters 87 and 88.

Evan Shuster gave a brief summary of the proposed regulation:

BMR staff proposed to incorporate the provisions of the SMCRA amendments and the guidelines established through years of case law into these regulations.


The committee decided to recommend three changes to the full board:

  1. It was decided to add the words reasonably available in front of "information" to the definition of water supply survey.
  2. There was a question raised about adding language for a waiver system into the regulation. There is no provision for a waiver in the State or Federal regulation and there was a concern that to add such language would not be approved by the Office of Surface Mining. It was decided to present to the full board the idea of adding language in Section 87.119 (a) which will allow for a waiver by the owner of the water supply.
  3. The third addition to the package would be under Section 87.119 (i). This would be the addition of permit block language which would be consistent with the PA Surface Mining Control and Reclamation Act Section 4.2 (f)(4).

Some discussion was held regarding Revegetation. The proposed regulation would provide for a vegetative cover after the mining has been completed, as long as the cover is adequate to prevent erosion and achieve the postmining land use.

This package has already been sent to Deputy Secretary Dolence. It will be sent to the Office of Policy and Communication by December 17, 1996, and will be seen by the EQB in February.

The meeting was adjourned at 10:30 AM.