§ 86.101. Definitions.

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

Cemetery - An area of land where human bodies are interred.

Community or institutional building - A structure other than a public building or an occupied dwelling, which is used primarily for meetings, gatherings or functions of local civic organizations or other community groups; functions as an educational, cultural, historic, religious, scientific, correctional, mental health or physical health care facility; or is used for public services, including, but not limited to, water supply, power generation or sewage treatment.

Fragile lands - Geographic areas containing natural, ecologic, scientific or esthetic resources that could be damaged or destroyed by surface mining. Examples include, but are not limited to, valuable habitats for fish or wildlife, critical habitats for endangered or threatened species of animals or plants, uncommon geologic formations, National Natural Landmark sites, areas where mining may cause flooding, environmental corridors containing a concentration or ecologic and esthetic features, areas of recreational value due to high environmental quality and buffer zones adjacent to the boundaries of areas where surface mining operations are prohibited under section 4(h) of the Surface Mining Conservation and Reclamation Act (52 P.S. §1396.4(h)).

Historic lands - Historic or cultural districts, places, structures or objects, including archaeological and paleontological sites, National Historic Landmark sites, sites listed or eligible for listing on a State or National Register of Historic Places, sites having religious or cultural significance to native Americans or religious groups or sites for which historic designation is pending.

Natural hazard lands - Geographic areas in which natural conditions exist which pose, or as a result of surface mining operations, may pose a threat to the health, safety or welfare of people, property or the environment, including areas subject to landslides, cave-ins, severe wind or soil erosion, frequent flooding, avalanches and areas of unstable geology.

Public building - A structure that is owned by a public agency or used principally for public business, meetings or other group gatherings.

Public park - An area dedicated or designated by a Federal, State or local agency for public recreational use, whether or not the use is limited to certain times or days, including land leased, reserved or held open to the public because of that use. For the purposes of this subchapter, local agency shall include nonprofit organizations owning lands which are dedicated or designated for public recreational use.

Publicly owned park - A public park owned by a Federal, State or local governmental agency.

Renewable resource lands - Aquifers and areas for the recharge of aquifers and other underground waters, areas for agricultural or silvicultural production of food and fiber, and grazing lands.

Significant recreational, timber, economic or other values incompatible with surface mining - Significant values which could be damaged by, and are not capable of existing together with, surface mining operations because of the undesirable effects mining would have on those values, either on the area included in the permit application or on offsite areas which could be affected by mining. Values to be evaluated for their importance include:

(i) Nature recreation, including hiking, boating, camping, skiing, fishing, hunting or other related outdoor activities.

(ii) Timber management and silviculture.

(iii) Agriculture, aquaculture or production or other natural, processed or manufactured products which enter commerce.

(iv) Scenic, historic, archaeologic, esthetic, fish, wildlife, plants or cultural interests.

Substantial legal and financial commitments in a surface mining operation - Significant investments that have been made prior to January 4, 1977, on the basis of a long-term contract in power plants, railroads, mineral handling, preparation, extraction or storage facilities and other capital-intensive activities. Costs of acquiring the mineral in place or of the right to mine it without an existing mine are not sufficient commitments, standing alone, to constitute substantial legal and financial commitments.

Surface mining [activities] OPERATIONS -- The extraction of coal from the earth or from waste or stock piles or from pits or banks by removing the strata or material which overlies or is above or between them or otherwise exposing and retrieving them from the surface, including, but not limited to, strip and auger mining, dredging, quarrying and leaching and surface activity connected with surface or underground coal mining, including, but not limited to, exploration, site preparation, entry, tunnel, slope, drift, shaft and borehole drilling and construction and activities related thereto, coal refuse disposal, coal processing and preparation facilities and activities involved in or related to underground coal mining which are conducted on the surface of the land, produce changes in the land surface, or disturbs the surface, air or water resources of the area.

§ 86.102. Areas where mining is prohibited or limited.

Subject to valid existing rights as defined in §86.1 (relating to definitions), surface mining [activities] OPERATIONS except those which existed on August 3, 1977, are not permitted:

(1) On lands within the boundaries of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic River Act (16 U.S.C.A. § 1276(a)) and National Recreation Areas designated by act of Congress.

(2) On Federal lands within the boundaries of a National forest. Surface mining [activities] OPERATIONS may be permitted on the lands, if the Secretary of the United States Department of Interior and the Secretary find that there are no significant recreational, timber, economic or other values incompatible with surface mining [activities] OPERATIONS and the surface mining [activities] OPERATIONS and impacts are incident to an underground coal mine.

(3) Which will adversely affect a publicly-owned park or a place included on or eligible for inclusion on the National Register of Historic Places, unless approved jointly by the Department and the Federal, State or local governmental agency with jurisdiction over the park or places.

(4) On lands within the State park system. Surface mining [activities] OPERATIONS may be permitted if the Department finds that significant land and water conservation benefits will result when remining of previously mined land is proposed.

(5) On lands within State forest picnic areas, State forest natural areas and State forest wild areas. Surface mining [activities] OPERATIONS may be permitted on State forest lands other than picnic areas, natural areas and wild areas, if the Department finds that one or more of the following apply:

(i) There will be no significant adverse impact to natural resources including timber, water, wildlife, recreational and aesthetic values.

(ii) Significant land and water conservation benefits will result when remining of previously mined lands is proposed.

(6) On lands within the game land system of this Commonwealth. Surface mining [activities] OPERATIONS may be permitted by the Department if Game Commission consents and finds that one or more of the following apply:

(i) There will be no significant long-term adverse impacts to aquatic or terrestrial wildlife populations and their habitats.

(ii) Significant wildlife habitat and land and water conservation benefits will result when remining of previously mined lands is proposed.

(7) On lands within the authorized boundaries of Pennsylvania Scenic River Systems which have been legislatively designated as such under the Pennsylvania Scenic Rivers Act (32 P.S. §§ 820.21 - 820.29). Surface mining [activities] OPERATIONS may be permitted if the department finds that significant land and water conservation benefits will result when remining of previously mined lands is proposed, or when the Department finds that the surface mining [activity] OPERATION is consistent with te scenic Rivers System designation and will bot adversely affect the values which the designation is designed to protect.

(8) Within 100 feet measured horizontally of the outside right-of-way line of a public road, except:

(i) For mine access roads or haulage at the point where they join the right-of-way lines.

(ii) When the Department, with concurrence of the agency with jurisdiction over the road, allows the public road to be relocated or the area affected to be within 100 feet of the road, after the following:

(A) Public notice and opportunity for a public hearing in accordance with §86.103(c) (relating to procedures).

(B) Making a written finding that the interest of the affected public and landowners will be protected.

(9) Within 300 feet measured horizontally from an occupied dwelling, unless the only part of the mining operations which is within 300 feet of the dwelling is a haul road or access road which connects with an existing public road on the side of the public road opposite the dwelling or unless the current owner thereof has provided a written waiver consenting to surface mining [activities] OPERATIONS closer than 300 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner.

(10) Within 300 feet measured horizontally of a public building, school, church, community or institutional building or public park.

(11) Within 100 feet measured horizontally of a cemetery.

(12) Within 100 feet measured horizontally of the bank of a perennial or intermittent stream. The Department may grant a variance from this distance requirement if the operator demonstrates beyond a reasonable doubt that there will be no adverse hydrologic impacts, water quality impacts or other environmental resources impacts as a result of the variance. The variance will be issued as a written order specifying the methods and techniques that shall be employed to prevent adverse impacts. Prior to granting a variance, the operator is required to give public notice of application thereof in two newspapers of general circulation in the area once a week for 2 successive weeks. If a person files an exception to the proposed variance within 20 days of the last publication thereof, the department will conduct a public hearing with respect thereto. The Department will also consider information or comments submitted by the Fish and Boat Commission prior to taking action on a variance request.

§86.103. Procedures.

(a) Upon receipt of a complete permit application for surface mining [activities] OPERATIONS the Department will review the application to determine whether the surface mining [activities] OPERATIONS are limited or prohibited under § 86.102 (relating to areas where mining is prohibited or limited) on the lands which would be disturbed by the proposed operation.

(b) If the proposed surface mining [activities] OPERATIONS would include Federal lands within the boundaries of a National forest, and the applicant seeks a determination that mining is permissible under § 86.102(2), the applicant shall submit a permit application to the Regional Director of the Office of Surface Mine Reclamation and enforcement and the Department for processing under 30 CFR Chapter 7 Subchapter D (relating to Federal lands program). Approval from the Director is required before A permit may be issued by the Department.

(c) If the proposed surface mining [activities] OPERATIONS are to be conducted within 100 feet measured horizontally of the outside right-of-way line of a public road - except where mine access road or haulage roads join the right-of-way line - or if the applicant proposes to relocated a public road, the Department will:

(1) Require the applicant to obtain necessary approvals of the authority with jurisdiction over the public road.

(2) Provide notice in a newspaper of general circulation in the affected locale of a public hearing, if one has been requested, at least 2 weeks before the hearing.

(3) Insure that an opportunity for a public hearing has been afforded in the locality of the proposed mining operations, at which members of the public may participate, for the purpose of determining whether the interests of the public and affected landowners will be protected.

(4) Review the information received at the public hearing, if one has been held, and the findings of applicable State and local agencies as to whether the interests of the public and affected landowners will be protected from the proposed mining operations.

(d) When the proposed surface mining [activities] OPERATIONS would be conducted within 300 feet measured horizontally of any occupied dwelling, the applicant shall submit with the application a written waiver from the current owner of the dwelling, consenting to the [activities] OPERATIONS within a closer distance of the dwelling as specified in the waiver. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner.

(e) When the proposed surface mining [activities] OPERATIONS may adversely affect a public park or a place included on the National Register of Historic Places, the Department will transmit to the Federal, State or local agencies with jurisdiction over, or a statutory or regulatory responsibility for, the park or historic place a copy of the completed permit application containing the following:

(1) A request for that agency`s approval or disapproval of the activities.

(2) A notice to the appropriate agency that it shall respond within 30 days from receipt of the request.

(f) If the Department determines that the proposed SURFACE mining [activities] OPERATIONS are not prohibited under §86.102, it may nevertheless, pursuant to appropriate petitions, designate the lands as unsuitable for all or certain types of surface mining [activities] OPERATIONS under §§86.121 - 86.129.

§ 86.121. Areas designated unsuitable for SURFACE mining [ACTIVITIES] OPERATIONS.

(a) The requirements of this section and §§ 86.122­­86.129 do not apply to permit areas on which surface mining [activities] OPERATIONS were being conducted on August 3, 1977, or are being conducted under a permit issued under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1­­1396.31), or if substantial legal and financial commitments as defined by the Office of Surface Mining Reclamation and Enforcement, United States Department of the Interior under section 522 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.A. § 1272) if the [activities] OPERATIONS were in existence prior to January 4, 1977.

(b) No permits for surface mining [ACTIVITIES] OPERATIONS will be issued in areas designated unsuitable under this subchapter. The permits may be issued in areas where the applicant has prior substantial legal and financial commitments in a surface mining [activity] OPERATIONS if the applicant establishes the existence of the commitments to the satisfaction of the Department. In considering the permit applications in designated areas, the Department will impose terms and conditions to preserve and protect the applicable values and uses of the area.

§ 86.122. Criteria for designating lands as unsuitable.

(a) Upon petition, an area shall be designated as unsuitable for all or certain types of surface mining [ACTIVITIES] OPERATIONS if the Department determines that reclamation is not technologically and economically feasible.

(b) Upon petition, an area may be designated as unsuitable for all or certain types of surface mining [ACTIVITIES] OPERATIONS if the surface mining [ACTIVITIES] OPERATIONS will:

(1) Be incompatible with existing Commonwealth or local [GOVERNMENT] land use plans or programs. [ESTABLISHED TO PROTECT A NATURAL RESOURCE FROM ALL TYPES OF LAND USE ACTIVITIES THAT WOULD NEGATIVELY AFFECT THE NATURAL RESOURCE. THESE NATURAL RESOURCES INCLUDE, BUT ARE NOT LIMITED TO, PRIME FARMLAND, STREAM BUFFER ZONES, STORM WATER MANAGEMENT AREAS, WETLANDS AND PUBLIC RECREATION AREAS.]

(2) Affect fragile or historic lands in which the surface mining [ACTIVITIES] OPERATIONS could result in significant damage to important historic, cultural, scientific or esthetic values or natural systems. [PROVIDED THAT THE FRAGILE OR HISTORIC LANDS ARE UNDER THE OWNERSHIP OR CONTROL OF A GOVERNMENT AGENCY OR A NONPROFIT ENTITY WHOSE PURPOSE IS THE PRESERVATION OF THE RESOURCE OR THERE IS A LEGAL MECHANISM IN PLACE TO ENSURE THAT THE RESOURCE IS PROTECTED FROM ALL ACTIVITIES THAT COULD ADVERSELY AFFECT THEM.]

(3) Affect renewable resource lands in which the surface mining [ACTIVITIES] OPERATIONS could result in a substantial loss or reduction of long-range productivity of[:] [[]water supply or of food or fiber products.[]]

[(i) WATER SUPPLIES, AND LANDS WHICH INCLUDE AQUIFERS AND AQUIFER RECHARGE AREAS FOR WHICH THERE IS NO SUITABLE REPLACEMENT WATER SUPPLY SOURCE, OR;

(ii) FOOD OR FIBER PRODUCTS RESULTING FROM THE PERMANENT LOSS OF PRIME FARMLAND SOILS ON PROPERTIES WHICH INCLUDE TITLE OR DEED RESTRICTIONS OR WHERE LOCAL GOVERNMENT LAND USE POLICY PROHIBITS CONVERSION OF FARMLAND TO OTHER USES.]

(4) Affect natural hazard lands in which the surface mining [ACTIVITIES] OPERATIONS could substantially endanger life and property, the lands to include areas subject to frequent flooding and areas of unstable geology.

§ 86.123. Procedures: petitions.

(a) A person who has an interest which is, or may be, adversely affected has the right to petition the Department to have an area designated as unsuitable for surface mining [ACTIVITIES] OPERATIONS or to have an existing designation terminated.

(b) Under the procedures in this section, the Department may initiate proceedings seeking to have an area designated as unsuitable for surface mining [ACTIVITIES] OPERATIONS or to have the designation terminated.

(c) The petitioner shall provide the following information to the Department's Bureau of Mining and Reclamation (Bureau) on forms developed by that Bureau:

(1) The location and approximate size of the area covered by the petition, utilizing property or boundary lines or landmarks, and including a 7 1/2-minute topographic map published by the United States Geological Survey with the perimeter of the area shown thereon.

(2) Allegations of facts and supporting evidence which would tend to establish that the areas are unsuitable for all or certain types of surface mining [ACTIVITIES] OPERATIONS assuming that contemporary mining practices required under applicable regulatory practices would be followed if the area were to be mined.

(3) A description of how mining of the area has affected or may adversely affect people, land, air, water or other resources.

(4) The petitioner's name, address, telephone number and notarized signature.

(5) Identification of the petitioner's interest which is or may be adversely affected.

(d) A person who has an interest which is or may be adversely affected may petition to terminate a designation. The petition shall contain:

(1) The location and size of the area covered by the petition, including a 7 1/2-minute topographic map published by the United States Geologic Survey with the perimeters of the area shown thereon.

(2) Allegations of newly discovered facts, with newly discovered supporting evidence, not contained in the record of the proceeding in which the area was designated unsuitable, and which were unavailable at that time, which evidence would tend to establish the statements or allegations, and which statements or allegations indicate that the designation should be terminated based on one or more of the following:

(i) The nature or abundance of the protected resource or condition or other basis of the designation if the designation was based on criteria found in §86.122(b) (relating to criteria for designating lands as unsuitable).

(ii) Reclamation now being technologically and economically feasible, if the designation was based on the criteria found in §86.122(a)

(iii) The resources or condition not being affected by surface mining [ACTIVITIES] OPERATIONS, or in the case of land use plans, not being incompatible with surface mining [ACTIVITIES] OPERATIONS during and after mining, if the designation was based on the criteria found in § 86.122(b).

(3) The petitioner's name, address and telephone number.

(4) Identification of the petitioner's interest which is or may be adversely affected by the continuation of the designation.

§ 86.124. Procedures: initial processing, recordkeeping and notification requirements.

(a) Within 30 days of receipt of a petition, the Department will notify the

petitioner by certified mail whether or not the petition is complete as required by § 86.123 (relating to procedures: petitions). If the 30-day requirement of this subsection cannot be met due to the staff limitations of the Department, the Department may process the petitions in accordance with the priority system authorized by subsection (b)(2). Within this 30-day period, the Department will also notify an applicant with pending surface mining permit applications in the area covered by the petition.

(1) The Department will determine whether identified coal resources exist in the area covered by the petition. If the Department finds there are not identified coal resources in that area, it may return the petition to the petitioner with a statement of the findings.

(2) The Department may reject petitions for designations or terminations of designations which are frivolous. Once the requirements of § 86.123 are met, no party may bear a burden of proof, but each accepted petition shall be considered and acted upon by the Department under the procedures of this part.

(3) When considering a petition for an area which was previously and unsuccessfully proposed for designation, the Department will determine if the new petition presents new allegations of fact. If the petition does not contain new allegations of fact, the Department will refuse to consider the petition and may return the petition to the petitioner, with a statement of its findings and a reference to the record of the previous designation proceedings where the facts were considered.

(4) If the Department determines that the petition is frivolous, it will return the petition to the petitioner, with a written statement of the reasons for the determination. If the petition is incomplete, the Department will indicate the categories of information needed to make the petition complete. The Department will hold the incomplete petition until the petitioner has been given 30 days to make the application complete.

(5) The Department will notify the person who submits a petition of an application for a permit received which proposes to include an area covered by the petition.

(6) The Department will not issue permits for surface mining [activities] OPERATIONS in areas included within a petition for a designation under § 86.122 (relating to criteria for designating lands as unsuitable) if the petition is received by the Department prior to the close of the public comment period for the permit, unless the permit applicant establishes prior substantial legal and financial commitments in a surface mining operation within the proposed permit area. A petition received after the close of the public comment period on a permit application relating to the same permit area will not prevent the Department from issuing a decision on that permit application. For the purpose of this section, "close of the public comment period" means at the close of a public hearing held on the permit, or, if no hearing is held, at the close of the comment period following public notice of the permit application. Once a petition has been returned to the petitioner under this subchapter, the Department may proceed to issue a decision on a permit application received for mining in the area included within the petition.

(b) Within 3 weeks after the determination that a petition is complete, the Department will send notice of receipt of the petition to, and request submissions of relevant information from, other interested governmental agencies, the petitioner, intervenors and other persons known to the Department to own or have an interest in the property.

(1) Within 3 weeks after the determination that a petition is complete, the Department will notify the general public of the receipt of the petition and request submissions of relevant information by a newspaper advertisement placed once a week for 2 consecutive weeks in the locale of the area covered by the petition, in the newspaper of largest circulation in the region, and in the Pennsylvania Bulletin.

(2) The Department may establish a priority system to decide the order in which petitions or classes of petitions submitted under this section will be processed. A high priority will be given to petitions which include areas where surface mining permit applications are pending.

(c) Until 3 days before the EQB holds a hearing under § 86.125 (relating to procedures: hearing requirements), a person may become an intervenor in the proceeding by filing allegations of facts, supporting evidence, a short statement identifying the petition to which the allegations pertain, a request for intervenor status, and name, address and telephone number.

(d) Beginning immediately after a complete petition is filed, the Department will compile and maintain a record consisting of documents relating to the petition filed with or prepared by the Department. The Department will make the record available for public inspection, free of charge and copying at reasonable cost, during normal business hours at the Bureau of Mining and Reclamation district office in the county or multicounty area in which the land petitioned is located, and at the main office of the Department.

(e) Prior to designating land areas unsuitable for surface mining [ACTIVITIES] OPERATIONS, the Department will prepare a detailed statement, using existing and available information on the potential resources of the area, the demand for resources, and the impact of the designation on the environment, the economy and the supply of coal.

(f) The Department will prepare a recommendation in the form of a proposed rulemaking on each complete petition received under this section and submit it to the EQB as a proposed regulation under this section.

§ 86.125. Procedures: hearing requirements.

(a) Within 10 months of the receipt of a complete petition, the EQB will hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held. The hearing shall be legislative and fact-finding in nature, without cross examination of witnesses. The EQB will make a verbatim transcript of the hearing.

(b) The EQB will give notice of the date, time and location of the hearing to:

(1) Local, State and Federal agencies which may have an interest in the decision on the petition.

(2) The petitioner and the intervenors.

(3) A person with an ownership or other interest made known to the Department in the area covered by the petition.

(4) Notice of the hearing shall be sent by first class mail and postmarked not less than 30 days before the scheduled date of the hearing.

(c) The EQB will notify the general public of the date, time and location of the hearing by placing a newspaper advertisement once a week for 2 consecutive weeks in the locale of the area covered by the petition and once during the week prior to the scheduled date of the public hearing. The consecutive weekly advertisement must begin between 4 and 5 weeks before the scheduled date of the public hearing.

(d) The EQB may consolidate in a single hearing the hearings required for each of several petitions which relate to areas in the same locale.

(e) The EQB will receive and consider written comments on the petition for a period of 15 days after the conclusion of the public hearing. In the event no hearing is to be held on a petition, the comments may be received and considered for a period of 45 days following publication of [the fact] A NOTICE that there will be no public hearing. Within 60 days of the close of the public comment period, the EQB will make a final written decision.

(f) In the event that all petitioners and intervenors so stipulate, the petition

may be withdrawn from consideration prior to the hearing.

§ 86.126. Procedures: decision.

(a) In reaching its decision on the proposed rule, the EQB will consider:

(1) The information contained in the data base and inventory system.

(2) Information provided by other governmental agencies.

(3) The detailed statement prepared under § 86.124(e) (relating to procedures: initial processing, recordkeeping and notification requirements).

(4) Oral and written testimony received during and written testimony received subsequent to public hearing.

(5) The recommendations of the Department.

(b) A final written decision in the form of a regulation will be issued by the EQB within 60 days following the public hearing, including a statement of reasons for the decision. The EQB will promptly send the decision by certified mail to the petitioner, intervenors, and to the Regional Director of the Office of Surface Mine Reclamation and Enforcement, and shall deposit and publish its decision as a regulation in the manner required by the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1102, 1201­­1208 and 1602); 45 Pa.C.S. §§ 501­­907; and sections 3 and 4 of the act of July 9, 1976 (P. L. 877, No. 160) (45 Pa.Sp. Pamph. 84 page 35).

§ 86.127. Data base and inventory system requirements.

(a) The Department will expeditiously develop a data base and inventory system which will permit evaluation of whether reclamation is feasible in areas covered by petitions.

(b) The Department will include in the system information relevant to the criteria in § 86.122 (relating to criteria for designating lands as unsuitable), including, but not limited to, information received from the United States Fish and Wildlife Service, [the United States Heritage Conservation and Recreation Service,] the State Historic Preservation Office, the PENNSYLVANIA Fish AND BOAT Commission, the Department's Scenic Rivers Program, the PENNSYLVANIA Game Commission, the Department of Community Affairs, private conservancies and the agency administering section 127 of the Clean Air Act (42 U.S.C.A. § 7470).

(c) The Department will review and update the data base and inventory system as information becomes available:

(1) On potential mineral resources of this Commonwealth, demand of the resources, the environment, the economy and the supply of minerals sufficient to enable the Department to prepare the statements required by § 86.124(e) (relating to procedures: initial processing, recordkeeping and notification requirements).

(2) From petitions, publications, experiments, permit applications, mining and reclamation operations and other sources.

§ 86.128. Public information.

The Department will:

(1) Make the information and data base system developed under § 86.127 (relating to data base and inventory system requirements) available to the public for inspection free of charge and for copying at reasonable cost during established office hours.

(2) Provide information to the public on the petition procedures necessary to have an area designated as unsuitable for all or certain types of surface [coal] mining [operations] [ACTIVITIES] OPERATIONS or to have designations terminated and describe how the inventory and data base system can be used.

(3) Maintain a map of areas designated as unsuitable for all or certain types of surface mining [operations] [ACTIVITIES] OPERATIONS.

(4) Make available to persons information within its control regarding designation or terminations, including mineral or elemental content which is potentially toxic in the environment. Other information which is properly classified as proprietary or confidential will be protected by the Department as may be required by law.

§ 86.129. Coal exploration.

The submission of a petition to [declare] DESIGNATE an area unsuitable for all or certain types of surface mining [activities] OPERATIONS or designation of an area as unsuitable for all or certain types of surface mining [activities] OPERATIONS under this chapter does not prohibit coal exploration operations in the area. Coal exploration may not be conducted on an area designated as unsuitable for SURFACE mining [ACTIVITIES] OPERATIONS or where a petition to designate an area unsuitable for SURFACE mining [ACTIVITIES] OPERATIONS has been received by the Department in accordance with this chapter unless the exploration is consistent with the designation or the purposes of the submitted petition and will be conducted to preserve and protect the applicable values and uses of the area. Exploration may not be conducted unless the Department has been notified in advance and has issued written approval for the exploration under §86.133(f) (relating to general requirements). Approval will not be issued unless the person seeking the approval has described the nature and extent of the proposed [activity] OPERATION, and has described in detail the measures to be employed to prevent adverse effects.

§ 86.130. Areas designated as unsuitable for mining.

(a) Under the criteria and procedures in §§ 86.121­­86.129, the EQB has designated the areas described in subsection (b) as unsuitable for ALL OR CERTAIN TYPES OF surface [coal] mining [ACTIVITIES] OPERATIONS.

(b) The following is a list of descriptions of areas which are unsuitable for ALL OR CERTAIN TYPES OF surface [coal] mining [ACTIVITIES] OPERATIONS and where [no] ALL OR CERTAIN TYPES OF surface [coal] mining [operations] [ACTIVITIES] OPERATIONS will NOT be permitted:

(1) The tract of approximately 233 acres in Blacklick Township, Cambria County, described as follows:

Beginning at the northwest corner of the land owned by the Griffithtown Water Association and proceeding to the southwest corner, then easterly towards the southeast corner of the property and continuing in the same easterly direction to a point located 100 feet horizontal distance west of the Lower Freeport outcrop; then continuing in a southerly direction, remaining 100 feet from and paralleling the Lower Freeport outcrop as the outcrop proceeds easterly to intersect the 2,040 foot elevation contour; then along a straight line extending in a northeasterly direction intersecting the 2,282-foot elevation point and continuing to US 422; then west along US 422 to an intersection formed by a road, driveway or farmlane approaching US 422 from the north and located approximately 1.86 miles east of the junction of US 422 and Pa. Route 271 in Belsano; then continuing southwesterly in a straight line to the northwest corner of the Griffithtown Water Association property.

(2) The surface area overlying surface mineable coal reserves in a tract of approximately 11,200 acres in Rush Township, Centre County, which tract is described as follows:

The surface water drainage basin of Cold Stream upstream from the mouth of Tomtit Run, including the surface water drainage basins of all tributaries to Cold Stream upstream from and including Tomtit Run except for the surface water drainage of a tributary known locally as Big Spring Run that enters Cold Stream from the west approximately 500 feet upstream from the Stony Point Road (Township Road 600) bridge over Cold Stream.

(3) The tract of approximately 119 acres in Logan Township, Blair County and

Gallitzin Township, Cambria County within the Mill Run watershed, that is underlain by surface mineable coal reserves, and that has not been previously disturbed by surface or deep mining. The tract is more particularly described as follows:

Beginning at the summit of a hill in the northwest corner of the Mill Run-Little Laurel Run watershed divide, southwest of the village of Buckhorn on or near the Cambria-Blair County line, and being at the eastern edge of the previously surface mined area; then along the watershed divide in a northeasterly direction for a distance of approximately 2,500 feet to the point of intersection of the watershed divide with the Mercer coal seam outcrop; then proceeding in a southeasterly and southerly direction along the Mercer coal outcrop, and running roughly parallel to and 100 to 200 feet easterly of the old Louden deep mine railroad grade, for a distance of approximately 5,500 feet to the northern terminus of the Louden deep mine, then proceeding westerly and northwesterly along the edge of the Louden deep mine, exclusive of an approximately 2-acre ungraded surface mine, to its intersection with the toe of spoil of the previously surface mined area; then in a northwesterly direction along the spoil banks remaining from previous surface mining activity a distance of approximately 3,800 feet to the summit of the hill, being the place of beginning.

(4) The surface mineable coal reserves in a tract of approximately 5,600 acres in Rush, Centre County, which tract is the surface water drainage basin of Black Bear Run.

(5) The surface mineable coal reserves in the surface water drainage basin of Powell Run that are situated east of Pa. Route 865, which tract is located in Reade Township, Cambria County and Antis Township, Blair County.

(6) The surface mineable coal reserve in the surface water drainage basin of Byrnes Run, which tract is located in Jay and Fox Townships, Elk County.

(7) The surface mineable coal reserves of the Lower Kittanning, Clarion No. 1, Clarion No. 2 and Mercer coal seams in the surface water drainage basin of the upper portion of Little Muddy Run located above the Janesville Dam, which tract is located in Gulich Township, Clearfield County and Reade Township, Cambria County; except that the surface mineable coal reserves of the four designated seams, located in the recharge area for identified pre-existing pollutional discharges to Little Muddy Run are not designated unsuitable for surface mining [ACTIVITIES] OPERATIONS authorized under Chapter 87 Subchapter F (relating to surface coal mines: minimum requirements for remining areas with pollutional discharges) which governs the remining of areas having pre-existing pollutional discharges.

(8) The surface mineable coal reserves in the surface water drainage basin of Rogues Harbor Run, which tract is in Chest Township, Clearfield County, and Chest Township, Cambria County, except Upper Freeport coal within that tract.

(9) The tract of approximately 525 acres in Elder Township, Cambria County, described as follows:

Beginning at the northern edge of a raw water storage tank located approximately 2,000 feet south of Township Route 551 and 2,150 feet west of State Route 36; then proceeding in a northeasterly direction, intersecting the Borough of Hastings Water Authority access road at a point approximately 1,450 feet from the access road's junction with Township Route 551; then continuing due north, intersecting Township Route 551 at a property, fence or tree line located approximately 1,250 FEET west of the junction of Township Route 551 and State Route 36; then north along the property, fence or tree line to a point located on Legislative Route 221 approximately 1,100 feet west of State Route 36 in St. Boniface; then continuing in a southeasterly direction to the junction of State Route 36 and Legislative Route 11056; then along Legislative Route 11056 to a point approximately 1,300 feet east of State Route 36; then continuing south along a property, fence or tree line to another property, fence or tree line that is approximately 475 feet south of Legislative Route 11056; then 575 feet due west along this property, fence or tree line to a point located approximately 350 feet east of State Route 36; then due south to meet State Route 36 at its junction with a private road, driveway or farm lane approaching State Route 36 from the east, located approximately 950 feet south of the junction of Township Route 551 and State Route 36; then south along State Route 36 for approximately 900 feet to a tree, fence or property line; then along the line, intersecting the Laurel Hill anticline axis at a point approximately 1,575 feet due east of State Route 36; then south along the anticlinal axis (which trends approximately N 40o E) intersecting State Route 36 approximately 625 feet north of the junction of Legislative Routes 221 and 11077 and intersecting Legislative Route 11076 approximately 600 feet north of its junction with Legislative Routes 221 and 11067 for 6,800 feet to a point approximating the edge of an Upper Kittanning underground coal mine complex known as the Pardee No. 29; then continuing in the same southwesterly direction to a point located 200 feet horizontal distance southwest of the Pardee No. 29 Mine complex; then proceeding in a northerly direction remaining 200 feet from and paralleling the edge of the Pardee No. 29 Mine complex for approximately 4,250 feet to a point that is approximately 200 feet horizontal distance west of the Upper Kittanning coal outcrop (intersecting an unnamed tributary to a farm pond located approximately 3,300 feet due south of Township Route 551 and 3,300 feet due west of State Route 36); then continuing north, remaining 200 feet from and parallel to the coal outcrop to a property, fence or tree line located approximately 1,820 feet south of Township Route 551; then due east along the line to the northwest corner of the land owned by the Borough of Hastings; then returning to the point of origin.

(10) The tract of 527 acres of surface mineable coal reserves in the southern surface water drainage basin of North Fork Tangascootack Creek watershed. The 527 acres encompass the Mercer coal crop line to the southern watershed divide of the North Fork Tangascootack Creek watershed, which tract is located in Bald Eagle, Grugan and Beech Creek Townships, Clinton County.

(11) The surface mineable coals within the Montgomery Creek and Moose Creek watersheds upstream of the Clearfield Municipal Authority's public water supply reservoir dams. The two tracts are located in parts of Lawrence, Pike and Pine Townships, Clearfield County.

(12) The surface mineable coal reserves in the surface water drainage basins of Rankin Hollow Run and the East Fork Brewster Hollow Run, tributaries of Sixmile Run, upstream of the water supplies for the Coaldale Borough-Six Mile Run Area Water Corporation. The two tracts, totalling approximately 525 acres, are located in Broad Top Township, Bedford County.

(13) The surface mineable coal reserves of the Lower Kittanning, Clarion and Mercer coals in the surface water drainage basin of Bells Gap Run, which tract is located in Antis and [Logal] LOGAN Townships, Blair County and Dean and Reade Townships, Cambria County; except that the surface mineable coal reserves of the three designated seams are not designated unsuitable for surface [coal] mining [ACTIVITIES] OPERATIONS in the following areas:

(i) A tract of approximately 41 acres of abandoned mine lands located northwest of the town of Highland Fling, said tract being described as follows:

Beginning at the point where Township Route 502 intersects the surface water drainage divide between Tubb Run and Brubaker Run approximately 750 feet northwest of the intersection of Township Route 502 and State Route 1016; then proceeding due east, to a point on State Route 1016 approximately 475 feet north-northeast of the intersection of State Route 1016 and Township Route 502; then continuing to a point approximately 2250 feet north along State Route 1016; then due west to a point on the surface water drainage divide between Tubb Run and Brubaker Run approximately 2800 feet north-northwest of the intersection of Township Route 502 and State Route 1016; then in a southerly direction along the said surface water drainage divide to the point of origin.

(ii) The permit areas of Cambria Coal Company SMP # 11783035, Cambria Coal Company SMP # 11823006, Swistock Associates Coal Corp. MDP # 4278BC10, E. P. Bender Coal Co. SMP # 11793025, and Benjamin Coal Company MDP # 4278SM2, in accordance with § 86.121(a) (relating to areas designated unsuitable for mining).

(14) The surface mineable coal reserves within the Goss Run watershed upstream of the Brisbin Dam, including a small tract of land within the watershed of the West Tributary to Goss Run, a total of approximately 555 acres, are designated unsuitable for all types of surface mining [activities] OPERATIONS. This includes a land area beginning at the breast of the Brisbin Dam, thence due southwest to Pa. Route 153, thence north along the centerline of Pa. Route 153 to the intersection of Pa. Route 153 with township route T-657, thence north along the watershed divide between the Brisbin Dam drainage and the West Tributary drainage to a point at the intersection of the Goss Run and Little Beaver Run watershed divide, thence southwest along the Goss Run and Little Beaver Run watershed divide to a point at the intersection of the Brisbin Dam drainage divide, thence southwest along the Brisbin Dam drainage divide to the point of beginning; except that the surface mineable coal reserves are not designated unsuitable for SURFACE mining [ACTIVITIES] OPERATIONS in the following areas:

The permit areas of the James I. Cowfer Contracting, Inc. SMP 17663037 and James I. Cowfer Contracting, Inc. SMP 17820152, in accordance with § 86.121(a).

(15) The surface mineable coal reserves within the entire Paddy Run watershed, all surface mineable coal reserves within the Drury Run watershed occurring upstream of the Drury Run reservoir, and all surface mineable coals within the Drury Run watershed which occur within the Woodley Draft sub-basin and within the Slab Hollow drainage of the Stony Run sub-basin. These areas are located in Chapman, Leidy and Noyes Townships, Clinton County.

(16) The surface mineable coal reserves of the Lower Kittanning, Clarion and Brookville coals in the surface water drainage basin of Laurel Run, which tract is located in Jackson, West Taylor and Middle Taylor Townships, Cambria County.