1451 Proposed revisions to general permit for bluestone (5 acres for less) mining; general permit BMR-GP105  

  • Proposed Revisions to General Permit for Bluestone (5 Acres or Less) Mining; General Permit BMR-GP-105

    [43 Pa.B. 4423]
    [Saturday, August 3, 2013]

     The Department of Environmental Protection (Department) is seeking comments on proposed modifications to the General Permit for Bluestone (5 acres or Less) Mining; (General Permit BMR-GP-105) in accordance with section 26(b) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. § 3326(b)), section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20) and 25 Pa. Code §§ 77.801—77.807.

     The number for the General Permit is being revised from BMR-GP-105 to General Permit BMP-GP-105. In addition, the Department proposes the following changes to BMR-GP-105:

     Condition 12(C) (relating to National Pollutant Discharge Elimination System permit requirements) of the General Permit clarifies the requirement to obtain a separate individual NPDES permit or NPDES General Permit (GP-104) for sites that disturb more than 1 acre in accordance with 25 Pa. Code § 102.5 (relating to permit requirements).

     Condition 17(E) (relating to the extraction of bluestone) is being revised to require bluestone to be the principle material extracted within 1 year of activation of the permit. Material used to produce aggregate would be limited to excess overburden material incidental to the extraction of bluestone and that which is not needed to complete the reclamation authorized under the general permit.

     Condition 19(A) (relating to applicability) of the amended GP-105 defines bluestone to include fine-grained sandstone which is mined by splitting, cutting or blasting for the production of dimension stone. Mining and processing of previously placed overburden, downcast bluestone material and excess overburden incidental to the extraction of bluestone for aggregate is allowed.

    Opportunity to Comment

     A copy of the draft revised General Permit and supporting material will be made available on the Department's web site at www.dep.state.pa.us (DEP Keyword: Public Participation; select Proposals). A copy of the draft revised General Permit may also be obtained by contacting Christopher Yeakle, Bureau of Mining Programs, P. O. Box 669, Knox, PA 16232, (814) 797-1191 or cyeakle@pa.gov. TDD users may telephone the Department through the Pennsylvania AT&T Relay Service, (800) 654-5984.

     The Department requests written comments on the proposed revisions to this General Permit by September 3, 2013, Comments received by facsimile will not be accepted. All comments, including comments submitted by e-mail, must include the originator's name and address. The Department will also consider written requests for a public hearing to be held concerning this proposed revision to the General Permit.

     Upon issuance of the modified GP-105, the Department will publish a notice in the Pennsylvania Bulletin of the issuance of the modified General Permit.

    E. CHRISTOPHER ABRUZZO, 
    Acting Secretary

    [Pa.B. Doc. No. 13-1451. Filed for public inspection August 2, 2013, 9:00 a.m.]

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