ANNEX A

TITLE 25. ENVIRONMENTAL PROTECTION

PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION

SUBPART C. PROTECTION OF NATURAL RESOURCES

ARTICLE I. LAND RESOURCES

CHAPTER 87. SURFACE MINING OF COAL

CHAPTER 88. ANTHRACITE

CHAPTER 87. SURFACE MINING OF COAL

SUBCHAPTER A. GENERAL PROVISIONS

§87.1. Definitions.

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise:

* * * * *

DE MINIMIS COST INCREASE - FOR PURPOSES OF § 87.119, A COST INCREASE WHICH IS EITHER LESS THAN 15% OF THE ANNUAL OPERATING AND MAINTENANCE COSTS OF THE PREVIOUS WATER SUPPLY THAT IS RESTORED OR REPLACED OR LESS THAN SIXTY DOLLARS ($60) PER YEAR.

* * * * *

WATER SUPPLY - FOR THE PURPOSE OF §§ 87.47 AND 87.119, ANY EXISTING OR CURRENTLY DESIGNED OR CURRENTLY PLANNED SOURCE OF WATER OR FACILITY OR SYSTEM FOR THE SUPPLY OF WATER FOR HUMAN CONSUMPTION OR FOR AGRICULTURAL, COMMERCIAL, INDUSTRIAL OR OTHER USES.

WATER SUPPLY SURVEY - THE COLLECTION OF INFORMATION FOR A WATER SUPPLY TO ESTABLISH:

(i) THE LOCATION, TYPE AND USE OF THE WATER SUPPLY

(ii) THE CHEMICAL AND PHYSICAL CHARACTERISTICS OF THE WATER.

(iii) THE QUANTITY OF THE WATER.

(iv) THE PHYSICAL DESCRIPTION OF THE WATER SUPPLY, INCLUDING THE DEPTH AND DIAMETER OF THE WELL, LENGTH OF CASING AND DESCRIPTION OF THE TREATMENT AND DISTRIBUTION SYSTEMS.

(v) HYDROGEOLOGIC DATA SUCH AS THE STATIC WATER LEVEL AND YIELD DETERMINATION.

** * * *

SUBCHAPTER E. SURFACE COAL MINES:

MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS

§87.119. Hydrologic balance: water rights and replacement.

(a) The operator of any mine OR ANY PERSON ENGAGED IN GOVERNMENT-FINANCED RECLAMATION WHO [which] affects a water supply by contamination, pollution, diminution or interruption shall restore or replace the affected water supply with an alternate source, adequate in water quantity and water quality for the purpose served by the WATER supply.

(1) TO BE ADEQUATE THE RESTORED OR REPLACEMENT WATER SUPPLY, AT A MINIMUM, SHALL:

(i) BE AS RELIABLE AS THE PREVIOUS WATER SUPPLY.

(ii) BE AS PERMANENT AS THE PREVIOUS WATER SUPPLY.

(iii) NOT REQUIRE EXCESSIVE MAINTENANCE.

(iv) PROVIDE THE OWNER AND THE USER WITH AS MUCH CONTROL AND ACCESSIBILITY AS EXERCISED OVER THE PREVIOUS WATER SUPPLY.

(v) NOT RESULT IN MORE THAN A DE MINIMIS COST INCREASE TO OPERATE AND MAINTAIN AS COMPARED TO THE OPERATING AND MAINTENANCE COSTS OF THE PREVIOUS WATER SUPPLY.

(2) IF THE OPERATING AND MAINTENANCE COSTS OF THE RESTORED OR REPLACEMENT WATER SUPPLY ARE MORE THAN A DE MINIMIS COST INCREASE, THE OPERATOR SHALL PROVIDE FOR THE PERMANENT PAYMENT OF THE INCREASED OPERATING AND MAINTENANCE COSTS OF THE RESTORED OR REPLACEMENT WATER SUPPLY. [For the purpose of this section, the term "water supply" shall include any existing or currently designated or currently planned source of water or facility or system for the supply of water for human consumption or for agricultural, commercial, industrial or other uses.]

(b)(1) IT SHALL BE PRESUMED, AS A MATTER OF LAW, THAT A SURFACE MINE OPERATOR OR MINE OWNER IS RESPONSIBLE WITHOUT PROOF OF FAULT, NEGLIGENCE OR CAUSATION FOR ALL POLLUTION, EXCEPT BACTERIOLOGICAL CONTAMINATION, AND DIMINUTION OF PUBLIC OR PRIVATE WATER SUPPLIES WITHIN 1,000 LINEAR FEET (304.8 METERS) OF THE BOUNDARIES OF THE AREAS BONDED AND AFFECTED BY COAL MINING OPERATIONS, AREAS OF OVERBURDEN REMOVAL AND STORAGE AND SUPPORT AREAS EXCEPT FOR HAUL AND ACCESS ROADS.

(2) IF SURFACE MINING ACTIVITIES ARE CONDUCTED ON AREAS WHICH ARE NOT PERMITTED OR BONDED, IT SHALL BE PRESUMED, AS A MATTER OF LAW, THAT THE SURFACE MINE OPERATOR OR MINE OWNER IS RESPONSIBLE WITHOUT PROOF OF FAULT, NEGLIGENCE OR CAUSATION FOR ALL POLLUTION, EXCEPT BACTERIOLOGICAL CONTAMINATION, AND DIMINUTION OF PUBLIC OR PRIVATE WATER SUPPLIES WITHIN 1,000 LINEAR FEET (304.8 METERS) OF THE LAND AFFECTED BY SUCH SURFACE MINING ACTIVITIES.

(c) THERE SHALL BE ONLY FIVE DEFENSES TO THE PRESUMPTION OF LIABILITY PROVIDED IN SUBSECTION (b). FOR ANY OF THE FIVE DEFENSES TO APPLY, THE MINE OPERATOR OR MINE OWNER MUST AFFIRMATIVELY PROVE BY A PREPONDERANCE OF EVIDENCE THAT ONE OR MORE OF THE FOLLOWING CONDITIONS EXISTS:

(1) THE LANDOWNER, WATER SUPPLY USER OR WATER SUPPLY COMPANY REFUSED TO ALLOW THE SURFACE MINE OPERATOR OR MINE OWNER REASONABLE ACCESS TO CONDUCT A WATER SUPPLY SURVEY PRIOR TO COMMENCING SURFACE MINING ACTIVITIES.

(2) THE WATER SUPPLY IS NOT WITHIN 1,000 LINEAR FEET (304.8 METERS) OF:

(i) FOR BONDED AREAS, THE BOUNDARIES OF AREAS AFFECTED BY COAL MINING OPERATIONS, AREAS OF OVERBURDEN REMOVAL AND STORAGE AND AREAS USED FOR SUPPORT, BUT NOT INCLUDING HAUL AND ACCESS ROADS.

(ii) FOR AREAS WHICH ARE NOT BONDED, THE BOUNDARIES OF AREAS AFFECTED BY SURFACE MINING ACTIVITIES.

(3) THE POLLUTION OR DIMINUTION EXISTED PRIOR TO THE SURFACE MINING ACTIVITIES AS EVIDENCED BY A WATER SUPPLY SURVEY CONDUCTED PRIOR TO COMMENCING SURFACE MINING ACTIVITIES AND AS DOCUMENTED IN THE APPROVED SURFACE MINE PERMIT APPLICATION SUBMITTED TO THE DEPARTMENT PRIOR TO PERMIT ISSUANCE.

(4) THE POLLUTION OR DIMINUTION OCCURRED AS A RESULT OF SOME CAUSE OTHER THAN THE SURFACE MINING ACTIVITIES.

(5) THE LANDOWNER, WATER SUPPLY USER OR WATER SUPPLY COMPANY REFUSED TO ALLOW THE SURFACE MINE OPERATOR OR MINE OWNER REASONABLE ACCESS TO DETERMINE THE CAUSE OF POLLUTION OR DIMINUTION OR TO REPLACE OR RESTORE THE WATER SUPPLY.

(d) THE SURFACE MINE OPERATOR OR MINE OWNER SHALL NOTIFY THE DEPARTMENT AND PROVIDE ALL INFORMATION WHICH SUPPORTS A DEFENSE TO THE PRESUMPTION OF LIABILITY WHEN ONE OR MORE OF THE FIVE DEFENSES TO THE PRESUMPTION OF LIABILITY PROVIDED IN SUBSECTION (c) ARE MET.

(e) IF THE DEPARTMENT FINDS THAT IMMEDIATE REPLACEMENT OF AN AFFECTED WATER SUPPLY USED FOR POTABLE OR DOMESTIC PURPOSES IS REQUIRED TO PROTECT PUBLIC HEALTH OR SAFETY AND THE SURFACE MINE OPERATOR OR MINE OWNER HAS FAILED TO COMPLY WITH AN ORDER ISSUED PURSUANT TO SECTION 4.2(f) OF THE SURFACE MINING CONSERVATION AND RECLAMATION ACT (52 P.S. 1396.4b(f)), THE DEPARTMENT MAY USE MONEYS FROM THE SURFACE MINING CONSERVATION AND RECLAMATION FUND TO RESTORE OR REPLACE THE AFFECTED WATER SUPPLY.

(f) THE DEPARTMENT SHALL RECOVER THE COSTS OF RESTORATION OR REPLACEMENT, THE COSTS OF TEMPORARY WATER SUPPLY, AND COSTS INCURRED FOR DESIGN AND CONSTRUCTION OF FACILITIES FROM THE RESPONSIBLE SURFACE MINE OPERATOR OR MINE OWNER. COSTS RECOVERED SHALL BE DEPOSITED IN THE SURFACE MINING CONSERVATION AND RECLAMATION FUND.

(g) A SURFACE MINE OPERATOR OR MINE OWNER WHO APPEALS A DEPARTMENT ORDER, PROVIDES A SUCCESSFUL DEFENSE DURING THE APPEAL TO THE PRESUMPTIONS OF LIABILITY AND IS NOT OTHERWISE HELD RESPONSIBLE FOR THE POLLUTION OR DIMINUTION SHALL BE ENTITLED TO SEEK RECOVERY OF REASONABLE COSTS INCURRED, INCLUDING, BUT NOT LIMITED TO, THE COSTS OF TEMPORARY WATER SUPPLY, DESIGN, CONSTRUCTION, RESTORATION OR REPLACEMENT COSTS, ATTORNEY FEES AND EXPERT WITNESS FEES FROM THE DEPARTMENT.

(h) NOTHING IN THIS SECTION SHALL PREVENT ANY LANDOWNER, WATER SUPPLY USER OR WATER SUPPLY COMPANY WHO CLAIMS POLLUTION OR DIMINUTION OF A WATER SUPPLY FROM PURSUING ANY OTHER REMEDY THAT MAY BE PROVIDED FOR IN LAW OR IN EQUITY.

(i) NOTHING IN THIS SECTION SHALL LIMIT THE DEPARTMENT`S AUTHORITY UNDER SECTION 4.2(f)(1) OF THE SURFACE MINING CONSERVATION AND RECLAMATION ACT (52 P.S. §1396.4b(f)(1)) TO ISSUE SUCH ORDERS TO THE SURFACE MINE OPERATOR OR MINE OWNER AS ARE NECESSARY TO ASSURE COMPLIANCE WITH THIS SECTION.

(j) A SURFACE MINING OPERATION CONDUCTED UNDER A SURFACE MINING PERMIT ISSUED BY THE DEPARTMENT BEFORE FEBRUARY 16, 1993 SHALL NOT BE SUBJECT TO THE PROVISIONS OF SUBSECTIONS (b)­(h), BUT SHALL BE SUBJECT TO SUBSECTION (a) and (i).

§87.147. Revegetation: general requirements.

(a) Vegetation shall be established on land affected by surface mining activities.

(b) Revegetation shall provide for a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area, except that introduced species may be used in the revegetation process when desirable and necessary to achieve the approved postmining land use plan. Vegetative cover shall be considered of the same seasonal variety when it consists of a mixture of species of equal or superior utility for the approved postmining land use, when compared with the utility of naturally occurring vegetation during each season of the year.

(1) FOR AREAS PREVIOUSLY DISTURBED BY SURFACE MINING ACTIVITIES THAT WERE NOT RECLAIMED TO THE STANDARDS OF THE SMCRA AND CHAPTER 87, AND ARE PROPOSED TO BE REAFFECTED OR REDISTURBED, THE DEPARTMENT MAY APPROVE A VEGETATIVE COVER WHICH, AT A MINIMUM, SHALL NOT BE LESS THAN THE VEGETATIVE COVER EXISTING BEFORE REDISTURBANCE AND SHALL BE ADEQUATE TO CONTROL EROSION AND ACHIEVE THE APPROVED POSTMINING LAND USE.

(2) For areas designated as prime farmland, the requirements of §§ 87.177-87.181 shall apply.

(c) Revegetation shall provide a quick-germinating, fast-growing vegetative cover capable of stabilizing the soil surface from erosion.

(d) Revegetation shall be completed in compliance with the plans submitted under § 87.68 (relating to reclamation information) as approved by the Department in the permit and carried out in a manner that encourages a prompt vegetative cover and recovery of productivity levels compatible with the approved postmining land use.

CHAPTER 88. ANTHRACITE COAL

SUBCHAPTER A. GENERAL PROVISIONS

§88.1. Definitions.

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise:

* * * * *

DE MINIMIS COST INCREASE - FOR PURPOSES OF § 88.107, A COST INCREASE WHICH IS EITHER LESS THAN 15% OF THE ANNUAL OPERATING AND MAINTENANCE COSTS OF THE PREVIOUS WATER SUPPLY THAT IS RESTORED OR REPLACED OR LESS THAN SIXTY DOLLARS ($60) PER YEAR.

* * * * *

WATER SUPPLY - FOR THE PURPOSE OF § 88.27 AND 88.107, ANY EXISTING OR CURRENTLY DESIGNED OR CURRENTLY PLANNED SOURCE OF WATER OR FACILITY OR SYSTEM FOR THE SUPPLY OF WATER FOR HUMAN CONSUMPTION OR FOR AGRICULTURAL, COMMERCIAL, INDUSTRIAL OR OTHER USES.

WATER SUPPLY SURVEY - THE COLLECTION OF INFORMATION FOR A WATER SUPPLY TO ESTABLISH:

(i) THE LOCATION, TYPE AND USE OF THE WATER SUPPLY

(ii) THE CHEMICAL AND PHYSICAL CHARACTERISTICS OF THE WATER.

(iii) THE QUANTITY OF THE WATER

(iv) THE PHYSICAL DESCRIPTION OF THE WATER SUPPLY, INCLUDING THE DEPTH AND DIAMETER OF THE WELL, LENGTH OF CASING AND DESCRIPTION OF THE TREATMENT AND DISTRIBUTION SYSTEMS

(v) HYDROGEOLOGIC DATA SUCH AS THE STATIC WATER LEVEL AND YIELD DETERMINATIONS.

* * * * *

SUBCHAPTER E. SURFACE COAL MINES:

MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS

§88.107. Hydrologic balance: water rights and replacement.

(a) The operator of any mine OR ANY PERSON ENGAGED IN GOVERNMENT-FINANCED RECLAMATION WHO [which] affects a water supply by contamination, pollution, diminution or interruption shall restore or replace the affected water supply with an alternate source, adequate in water quantity and water quality for the purpose served by the WATER supply.

(1) TO BE ADEQUATE THE RESTORED OR REPLACEMENT WATER SUPPLY, AT A MINIMUM, SHALL:

(i) BE AS RELIABLE AS THE PREVIOUS WATER SUPPLY.

(ii) BE AS PERMANENT AS THE PREVIOUS WATER SUPPLY.

(iii) NOT REQUIRE EXCESSIVE MAINTENANCE.

(iv) PROVIDE THE OWNER AND THE USER WITH AS MUCH CONTROL AND ACCESSIBILITY AS EXERCISED OVER THE PREVIOUS WATER SUPPLY.

(v) NOT RESULT IN MORE THAN A DE MINIMIS COST INCREASE TO OPERATE AND MAINTAIN AS COMPARED TO THE OPERATING AND MAINTENANCE COSTS OF THE PREVIOUS WATER SUPPLY.

(2) IF THE OPERATING AND MAINTENANCE COSTS OF THE RESTORED OR REPLACEMENT WATER SUPPLY ARE MORE THAN A DE MINIMIS COST INCREASE THE OPERATOR SHALL PROVIDE FOR THE PERMANENT PAYMENT OF THE INCREASED OPERATING AND MAINTENANCE COSTS OF THE RESTORED OR REPLACEMENT WATER SUPPLY. [For the purpose of this section, the term "water supply" shall include any existing or currently designated or currently planned source of water or facility or currently designated or currently planned source of water or facility or system for the supply of water for human consumption or for agricultural, commercial, industrial or other uses.]

(b)(1) IT SHALL BE PRESUMED, AS A MATTER OF LAW, THAT A SURFACE MINE OPERATOR OR MINE OWNER IS RESPONSIBLE WITHOUT PROOF OF FAULT, NEGLIGENCE OR CAUSATION FOR ALL POLLUTION, EXCEPT BACTERIOLOGICAL CONTAMINATION, AND DIMINUTION OF PUBLIC OR PRIVATE WATER SUPPLIES WITHIN 1,000 LINEAR FEET (304.8 METERS) OF THE BOUNDARIES OF THE AREAS BONDED AND AFFECTED BY COAL MINING OPERATIONS, AREAS OF OVERBURDEN REMOVAL AND STORAGE AND SUPPORT AREAS EXCEPT FOR HAUL AND ACCESS ROADS.

(2) IF SURFACE MINING ACTIVITIES ARE CONDUCTED ON AREAS WHICH ARE NOT PERMITTED OR BONDED, IT SHALL BE PRESUMED, AS A MATTER OF LAW, THAT THE SURFACE MINE OPERATOR OR MINE OWNER IS RESPONSIBLE WITHOUT PROOF OF FAULT, NEGLIGENCE OR CAUSATION FOR ALL POLLUTION, EXCEPT BACTERIOLOGICAL CONTAMINATION, AND DIMINUTION OF PUBLIC OR PRIVATE WATER SUPPLIES WITHIN 1,000 LINEAR FEET (304.8 METERS) OF THE LAND AFFECTED BY SUCH SURFACE MINING ACTIVITIES.

(c) THERE SHALL BE ONLY FIVE DEFENSES TO THE PRESUMPTION OF LIABILITY PROVIDED IN SUBSECTION (b). FOR ANY OF THE FIVE DEFENSES TO APPLY, A MINE OPERATOR OR MINE OWNER MUST AFFIRMATIVELY PROVE BY A PREPONDERANCE OF EVIDENCE THAT ONE OR MORE OF THE FOLLOWING CONDITIONS EXISTS:

(1) THE LANDOWNER, WATER SUPPLY USER OR WATER SUPPLY COMPANY REFUSED TO ALLOW THE SURFACE MINE OPERATOR OR MINE OWNER REASONABLE ACCESS TO CONDUCT A WATER SUPPLY SURVEY PRIOR TO COMMENCING SURFACE MINING ACTIVITIES.

(2) THE WATER SUPPLY IS NOT WITHIN 1,000 LINEAR FEET (304.8 METERS) OF:

(i) FOR BONDED AREAS, THE BOUNDARIES OF AREAS AFFECTED BY COAL MINING OPERATIONS, AREAS OF OVERBURDEN REMOVAL AND STORAGE AND AREAS USED FOR SUPPORT, BUT NOT INCLUDING HAUL AND ACCESS ROADS.

(ii) FOR AREAS WHICH ARE NOT BONDED, THE BOUNDARIES OF AREAS AFFECTED BY SURFACE MINING ACTIVITIES.

(3) THE POLLUTION OR DIMINUTION EXISTED PRIOR TO THE SURFACE MINING ACTIVITIES AS EVIDENCED BY A WATER SUPPLY SURVEY CONDUCTED PRIOR TO COMMENCING SURFACE MINING ACTIVITIES AND AS DOCUMENTED IN THE APPROVED SURFACE MINE PERMIT APPLICATION SUBMITTED TO THE DEPARTMENT PRIOR TO PERMIT ISSUANCE.

(4) THE POLLUTION OR DIMINUTION OCCURRED AS A RESULT OF SOME CAUSE OTHER THAN THE SURFACE MINING ACTIVITIES.

(5) THE LANDOWNER, WATER SUPPLY USER OR WATER SUPPLY COMPANY REFUSED TO ALLOW THE SURFACE MINE OPERATOR OR MINE OWNER REASONABLE ACCESS TO DETERMINE THE CAUSE OF POLLUTION OR DIMINUTION OR TO REPLACE OR RESTORE THE WATER SUPPLY.

(d) THE SURFACE MINE OPERATOR OR MINE OWNER SHALL NOTIFY THE DEPARTMENT AND PROVIDE ALL INFORMATION WHICH SUPPORTS A DEFENSE TO THE PRESUMPTION OF LIABILITY WHEN ONE OR MORE OF THE FIVE DEFENSES TO THE PRESUMPTION OF LIABILITY PROVIDED IN SUBSECTION (c) ARE MET.

(e) IF THE DEPARTMENT FINDS THAT IMMEDIATE REPLACEMENT OF AN AFFECTED WATER SUPPLY USED FOR POTABLE OR DOMESTIC PURPOSES IS REQUIRED TO PROTECT PUBLIC HEALTH OR SAFETY AND THE SURFACE MINE OPERATOR OR MINE OWNER HAS FAILED TO COMPLY WITH AN ORDER ISSUED PURSUANT TO SECTION 4.2(f) OF THE SURFACE MINING CONSERVATION AND RECLAMATION ACT (52 P.S. 1396.4b(f)), THE DEPARTMENT MAY USE MONEYS FROM THE SURFACE MINING CONSERVATION AND RECLAMATION FUND TO RESTORE OR REPLACE THE AFFECTED WATER SUPPLY.

(f) THE DEPARTMENT SHALL RECOVER THE COSTS OF RESTORATION OR REPLACEMENT, THE COSTS OF TEMPORARY WATER SUPPLY, AND COSTS INCURRED FOR DESIGN AND CONSTRUCTION OF FACILITIES FROM THE RESPONSIBLE SURFACE MINE OPERATOR OR MINE OWNER. COSTS RECOVERED SHALL BE DEPOSITED IN THE SURFACE MINING CONSERVATION AND RECLAMATION FUND.

(g) A SURFACE MINE OPERATOR OR MINE OWNER WHO APPEALS A DEPARTMENT ORDER, PROVIDES A SUCCESSFUL DEFENSE DURING THE APPEAL TO THE PRESUMPTIONS OF LIABILITY AND IS NOT OTHERWISE HELD RESPONSIBLE FOR THE POLLUTION OR DIMINUTION SHALL BE ENTITLED TO SEEK RECOVERY OF REASONABLE COSTS INCURRED, INCLUDING, BUT NOT LIMITED TO, THE COSTS OF TEMPORARY WATER SUPPLY, DESIGN, CONSTRUCTION, RESTORATION OR REPLACEMENT COSTS, ATTORNEY FEES AND EXPERT WITNESS FEES FROM THE DEPARTMENT.

(h) NOTHING IN THIS SECTION SHALL PREVENT ANY LANDOWNER, WATER SUPPLY USER OR WATER SUPPLY COMPANY WHO CLAIMS POLLUTION OR DIMINUTION OF A WATER SUPPLY FROM PURSUING ANY OTHER REMEDY THAT MAY BE PROVIDED FOR IN LAW OR IN EQUITY.

(i) NOTHING IN THIS SECTION SHALL LIMIT THE DEPARTMENT`S AUTHORITY UNDER SECTION 4.2 (f)(1) OF THE SURFACE MINING CONSERVATION AND RECLAMATION ACT (52 P.S. §1396.4b(f)(1) TO ISSUE SUCH ORDERS TO THE SURFACE MINE OPERATOR OR MINE OWNER AS ARE NECESSARY TO ASSURE COMPLIANCE WITH THIS SECTION.

(j) A SURFACE MINING OPERATION CONDUCTED UNDER A SURFACE MINING PERMIT ISSUED BY THE DEPARTMENT BEFORE FEBRUARY 16, 1993 SHALL NOT BE SUBJECT TO THE PROVISIONS OF SUBSECTIONS (b)-(h), BUT SHALL BE SUBJECT TO SUBSECTION (a) AND (i).

§88.121. Revegetation: general requirements.

(a) Vegetation shall be established on all land affected by surface mining activities.

(b) Revegetation shall provide for a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area; except that introduced species may be used in the revegetation process when desirable and necessary to achieve the approved postmining land use plan. FOR AREAS PREVIOUSLY DISTURBED BY SURFACE MINING ACTIVITIES THAT WERE NOT RECLAIMED TO THE STANDARDS OF THE SMCRA AND CHAPTER 88, AND ARE PROPOSED TO BE REAFFECTED OR REDISTURBED, THE DEPARTMENT MAY APPROVE A VEGETATIVE COVER WHICH, AT A MINIMUM, SHALL NOT BE LESS THAN THE VEGETATIVE COVER EXISTING BEFORE REDISTURBANCE AND SHALL BE ADEQUATE TO CONTROL EROSION AND ACHIEVE THE APPROVED POSTMINING LAND USE.

(c) Revegetation shall provide a quick, fast-growing vegetative cover capable of stabilizing the soil surface from erosion.

(d) Revegetation shall be completed in accordance with the reclamation plan of the permit application as approved by the Department.

(e) Revegetation shall be consistent with the approved postmining land use and specified in the permit application.

SUBCHAPTER C. ANTHRACITE BANK REMOVAL AND RECLAMATION:

MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS

§88.209. Vegetation: general requirements.

(a) Vegetation shall be established on all land affected by bank removal and reclamation activities.

(b) Seeding and planting shall provide for a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area; except that introduced species may be used in the vegetation process when desirable and necessary to achieve the approved postmining land use plan. FOR AREAS PREVIOUSLY DISTURBED BY SURFACE MINING ACTIVITIES THAT WERE NOT RECLAIMED TO THE STANDARDS OF THE SMCRA AND CHAPTER 88, AND ARE PROPOSED TO BE REAFFECTED OR REDISTURBED, THE DEPARTMENT MAY APPROVE A VEGETATIVE COVER WHICH, AT A MINIMUM, SHALL NOT BE LESS THAN THE VEGETATIVE COVER EXISTING BEFORE REDISTURBANCE AND SHALL BE ADEQUATE TO CONTROL EROSION AND ACHIEVE THE APPROVED POSTMINING LAND USE.

(c) Seeding and planting shall provide a quick, fast-growing vegetative cover capable of stabilizing the soil surface from erosion.

(d) Seeding and planting shall be completed in accordance with the reclamation plan of the permit application as approved by the Department.

(e) Vegetation shall be consistent with and support the approved postmining land use as specified in the permit application.