DEP Cites an Operator for "failing to mine and reclaim on a one-for-one acre basis".
DEP has recently begun interpreting 25 Pa. Code 77.108(e)(4) as requiring a small non-coal permit operator (5 acres or less) to have no more than one acre affected at any one time, despite the fact that DEP may have allowed the operator to bond up to the full five acres allowed under a small non-coal mining permit. DEP has issued an order requiring that all areas in excess of the one acre be reclaimed or that the operator submit an alternate reclamation plan and post the bond calculated under the conventional bonding rates.
DEP’s recent interpretation is clearly contrary to its practice over the past two decades with regard to small non-coal mining operations. It appears that DEP has permitted many operations to affect more than one acre and required such operations to post bond for each of the acres that are to be bonded and affected. Such operators may now be operating in violation of the DEP’s recent interpretation of the regulations while being in complete compliance with their mining permits.
