Public Notification for Mining Permits

The regulations governing the new application, transfer, renewal, or revision of mining permits require that applicants and permit holders notify the public by publishing in a newspaper of general circulation in the locality of the proposed or existing mining activities. These requirements are meant to provide proper notification regarding the proposed application and to allow sufficient opportunity for interested parties to provide written comment, objections, and a request for a meeting about the proposed activities.

This page provides additional details and example wording for the required public notice.

How often and for how long does the notice run?

Once a week for no less than four (4) consecutive weeks starting upon acceptance of the application by the DEP District Mining Office. The applicant should start the notice when they receive notice the application has been accepted. The application cannot be issued until the public notice and response period is complete.

What does the applicant submit with the regards to the public notice?

The applicant provides a copy of the wording of the notice and the name of the newspaper where it will be run with the application package ("intent to publish"). The applicant later provides the proof of publication to the District Mining Office upon completion of the public notice period. Proof of Publication is an original advertisement or copies of each advertisement as it appeared in the newspaper showing all the dates that it appeared. A proof can be obtained from the publishing outlet and should be notarized. Failing to submit the proof of publication will result in the application returned as incomplete.

What Information is Required to be Included in a Public Notification?

At a minimum, a Public Notification must include the following information:

• The name and business address of the applicant/permit holder.
• The application/existing permit information.
• A map or description of the proposed activity as it relates to towns, rivers, streams, and/or other bodies of water, local landmarks, and other information, including routes, streets or roads, and accurate measurements, necessary to allow local residents to readily identify the proposed permit area.
• The location of where a copy of the application is available for public inspection.
• The name and address of the Department's appropriate district or regional office to which written comments, objections, and requests for informal conferences on the application may be submitted.

If the applicant intends to seek approval to operate within variance or waiver areas, the request must be documented with appropriate detail so that readers can identify the area.

If the public notice does not include the required information or has errors, it must be rerun correctly for the full time period.

What location is suitable for the application to be “available for public inspection”?

A permit submitted via ePermitting will have a web link available to share for viewing. The applicant can also host the documents on the web as long as the access does not require registration or a password. If the application access is online, the notice should state that the District Mining Office also has a copy available for review.

What applications require public notice?

The respective regulations explain the public notice requirements. The following application types require newspaper public notice: new, renewal, transfers, and major revisions to coal permits and large noncoal permits. Major revisions, in general, include changes to water handling plans, NPDES outfall additions or revisions, addition of blasting, stream or road variances, changes to mining permit boundaries, addition of auger mining or coal refuse disposal, addition of coal ash, biosolids or other imported material to enhance reclamation, changes to approved post mining land use or reclamation type. For noncoal operations, changes to the mining configuration such as requests for additional benches, addition of underground mining, addition of mineral processing, or operating within distance limitations also constitute public notice.

Final releases are also subject to public notice.

This list is not inclusive. Other substantive revisions may require public notice. Applicants can contact the DMO permitting section with questions about what details to include in the notice.

Names and contact info for the District Mining Offices

California District Office
25 Technology Drive, Coal Center, PA 15423
(724) 769-1100
RA-EPCalifornia@pa.gov

Cambria District Mining Office
286 Industrial Park Road, Ebensburg, PA 15931
(814) 472-1900
RA-EPCAMBRIA@pa.gov

Knox District Mining Office
P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669
(814) 797-1191
RA-EPKNOX@pa.gov

Moshannon District Mining Office
186 Enterprise Drive, Philipsburg, PA  16866
(814) 342-8200
RA-EPMOSHANNON@pa.gov

New Stanton District Office
P.O. Box 133, New Stanton, PA  15672
(724) 925-5500
RA-EPNEWSTANTON@pa.gov

Pottsville District Mining Office
5 West Laurel Boulevard, Pottsville, PA 17901
(570) 621-3118
RA-EPPottsvilleDMO@pa.gov

Applicants are strongly encouraged to contact their respective District Mining Office with any questions regarding the mining permit application submission.

Sample Newspaper Public Notice

Each Public Notification is unique to the respective application. It is important that the notice contain the required and correct information.

Download the template for a fill-in option.

The following is an example of a Public Notification for an Application for a renewal to a Bituminous Surface Mining Permit Application

EXAMPLE

Notice is hereby given that ABC Coal Company, 123 New Street, Hometown, PA 19000 has made application to the Pennsylvania Department of Environmental Protection (DEP) to renew their permit to conduct surface coal mining activities in Forest and Mountain Township(s), Cambria County. The permit number is 11010101, originally issued May 1, 2005. This submission also includes an application to renew the associated NPDES permit number PA010101. There are no changes proposed to the approved permits with these renewal applications. The existing permit area is 100 acres and is situated on Pine Road, 1.1 miles north of the intersection of Route 1 and Oak Road. The receiving stream for this proposed permit area is Muddy Run classified as CWF. The Forest Pa., U.S. Geological Survey 7.5-minute topographic map contains the area described. A copy of the application is available for public inspection at the Forest Township Municipal Building, 100 Oak Road, Hometown, PA and at the following website http://docs.google.com/public/84hfg8fohdauirh. Written comments, objections, or a request for an informal conference and/or public hearing may be submitted to the DEP, by March 15 (which is 30 days following the date of the last (i.e. 4th) publication of this notice) and must include the person’s name, address, phone number, and a brief statement as to the nature of the objection(s).

Additional notifications of Proposed Permit Applications or Modifications to Existing Permits

All proposed permit applications, revisions, and issuances are announced in the Pennsylvania Bulletin. The Bulletin is updated every Friday at 9 a.m. The most recent bulletin can be found by selecting the "Current Issue" link.

Citizens may also choose to register for specific updates on selected items such as individual permit applications through the Department's eNOTICE system. This system will notify registered users of permit applications, draft technical documents, or regulations for the parameters that they select.

eFacts on the web (Environment Facility Application Compliance Tracking System) allows individuals to search for authorizations, clients, sites, and facilities. Searches can also be conducted to find inspection records, including enforcement information and resolutions to those violations.