1. DEPARTMENT OF ENVIRONMENTAL PROTECTION
      2. Bureau of Mining Programs
      3. 1396.19b)
      4. TECHNICAL GUIDANCE:
      5. BACKGROUND
      6. TECHNICAL GUIDANCE:
      7. PURPOSE:
      8. INTENT:
      9. PROCEDURES
      10. A. Eligibility
      11. Contractor Eligibility Requirements:
      12. Site Eligibility Requirements:
      13. B. GFCC Pre-Application Process
      14. C. GFCC Application
      15. D. Review Process
      16. E. Inspections
      17. F. Termination of Contract
      18. APPENDICES:
      19. APPENDIX A
      20. GFCC SUPPLEMENTAL DETERMINATIONS
      21. APPENDIX B
      22. SAMPLE NEWSPAPER NOTICE
      23. APPENDIX C
      24. SAMPLE MUNICIPALITY/COUNTY NOTICE
      25. CERTIFIED MAIL NO.
      26. APPENDIX D
      27. GFCC NOTICES
      28. 1. Water Supply Management
      29. 2. Abandoned Mine Reclamation
      30. 3. Conservation District
      31. 4. Fish and Boat Commission
      32. 5. Game Commission
      33. 6. PHMC
      34. APPENDIX E
      35. NOTIFICATION OF CONTRACT APPROVAL
      36. APPENDIX F
      37. SAMPLE PRESS RELEASE NOTICE

563-2000-001 / DRAFT June 11, 2016/ Page i
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Bureau of Mining Programs
DOCUMENT NUMBER:
563-2000-001
TITLE:
Government-Financed Construction Contracts
EFFECTIVE DATE:
Upon publication of notice as final in the Pennsylvania Bulletin
AUTHORITY:
Surface Mining Conservation and Reclamation Act
(52 P.S. §§ 1396.1 –
1396.19b)
POLICY:
The Department encourages abandoned mine land reclamation through the
use of government-financed construction contracts involving incidental
and necessary coal extraction, coal refuse removal and placement of
excess spoil from permitted mines.
PURPOSE:
To define procedures for authorizing incidental and necessary coal
extraction, coal refuse removal and utilization of excess spoil from an
active mine for reclaiming abandoned mine lands under a
government-financed construction contract.
APPLICABILITY:
This guidance applies to Department staff and all stakeholders in
abandoned mine reclamation, including watershed improvement
organizations, reclamation contractors and surface mine operators.
DISCLAIMER:
The policies and procedures outlined in this guidance document are
intended to supplement existing requirements. Nothing in the policies or
procedures shall affect regulatory requirements.
The policies and procedures herein are not an adjudication or a regulation.
There is no intent on the part of the Department to give these rules that
weight or deference. This document establishes the framework, within
which DEP will exercise its administrative discretion in the future. DEP
reserves the discretion to deviate from this policy statement if
circumstances warrant.
PAGE LENGTH:
23 Pages

563-2000-001 / DRAFT June 11, 2016/ Page 1
TECHNICAL GUIDANCE:
BACKGROUND
The Pennsylvania Department of Environmental Protection (DEP) has administered the Title IV
Abandoned Mine Lands (AML) Reclamation Program in Pennsylvania since July 31, 1982. One of
the requirements for achieving primacy was federal approval of Pennsylvania’s Abandoned Mine
Reclamation Plan (Plan).
Since the approval of the Pennsylvania AML reclamation program, the Commonwealth has led the
nation in identifying and addressing AML problems that affect public health, safety and the
environment. Abandoned mine lands in Pennsylvania constitute a significant liability for the citizens
of the Commonwealth while funds available through Title IV of the Federal Surface Mining Control
and Reclamation Act of 1977 (Federal SMCRA), 30 U.S.C. §§ 1231 – 1244, are limited. To
supplement the limited funds and to better serve the citizens of the Commonwealth, DEP has carefully
planned AML program expenditures and has encouraged abatement of AML problems through
remining. Additionally, the DEP continually searches for innovative approaches for reclaiming
abandoned coal mining sites. Even with these efforts, large areas of abandoned mine lands may not
be reclaimed. To address the shortfall in available funds and to maximize other available resources,
DEP proposed AML Program Amendment #2 to the federally approved AML Plan. The amendment
was approved on March 26, 1999 (
Federal Register
Volume 64, Number 58) and allows DEP to enter
into contracts with mine operators, individuals and municipalities to reclaim AML that would
otherwise remain unreclaimed.
Pennsylvania’s long history of mining has left numerous abandoned mine lands. A number of these
abandoned sites lack sufficient spoil to allow for proper reclamation, have postmining discharges or
contain large amounts of coal refuse, all of which are very expensive to reclaim through traditional
methods. Many of these sites provide opportunities for AML reclamation or water pollution
abatement through a government-financed construction contract (GFCC) where a portion of the cost
of reclamation or abatement can be offset by the value of the coal and coal refuse that must be
removed to complete the reclamation project.

563-2000-001 / DRAFT June 11, 2016/ Page 2
TECHNICAL GUIDANCE:
PURPOSE:
The purpose of the Government Financed Construction Contract (GFCC) program is to provide a
mechanism for providing special authorization to a contractor to extract coal or remove coal refuse
that is incidental and necessary to the reclamation of abandoned mine features as authorized under
Section 4.8 of the Pennsylvania Surface Mining Conservation and Reclamation Act.
(PA SMCRA), 52 P.S. § 1396.4h
INTENT:
The intent of the GFCC program is to facilitate the reclamation of abandoned mine lands that would
not ordinarily be reclaimed by remining as a part of an active surface mining permit. DEP enters into
a contract with a contractor to reclaim AML features at no cost to the DEP.
This guidance document establishes the procedures for the review and authorization to proceed with a
contract to reclaim abandoned mine lands. The primary purpose of the activity covered by the
contract is the reclamation of abandoned mine features. Chapter 86 provides for an exemption for the
extraction of coal incidental to government-financed construction or government-financed
reclamation projects where the extraction of coal is necessary and incidental to the project.
See
25 Pa.
Code § 86.6A separate technical guidance document titled Incidental Coal Extraction for
Government-Financed Construction Projects or Government-Financed Reclamation Projects
(563-2000-003) describes the process to determine if a project is eligible for an exemption from the
permitting requirements of Chapter 86.
PROCEDURES
A proposal for the incidental and necessary extraction of coal or removal of coal refuse can be
submitted to DEP using the Application for Government-Financed Construction Contract (GFCC)
Proposal (5600-FM-BMP0307). In addition, for small short-term refuse removal projects, the
contractor can submit the proposal using the Proposal for Government-Financed Construction
Contract Small (Short Term) Refuse Removal application (5600-FM-BMP0434).
In certain situations, the projected cost to reclaim AML features exceeds the economic benefit the
contractor would gain from the extraction of coal incidental and necessary to the reclamation which
would make the reclamation project not feasible. A GFCC can be used on these sites where there is
minimal incidental and necessary removal of coal, or the placement of excess spoil at the project is
not feasible due to the cost. DEP may agree to pay for a portion of the reclamation. This
arrangement is referred to as a Payment GFCC. A Payment GFCC goes through the same process as
any other GFCC. The contractor submits an abandoned mine reclamation proposal to reclaim an
entire abandoned mine land site using the Application for GFCC Proposal (5600-FM-BMP0307).
DEP reviews the proposal and once it is approved the contractor posts a performance bond and a
warranty bond. DEP and the contractor agree on the sum to be paid for the complete reclamation
outlined in the contract.
In the event the contractor does not complete the reclamation identified in the contract, DEP can
terminate the contract following the procedures in paragraph F (Termination of Contract).
Provision 16 of Exhibit C of the contract authorizes DEP to claim damages for expenses incurred in

563-2000-001 / DRAFT June 11, 2016/ Page 3
obtaining another contractor to complete performance of the contract utilizing the performance bond
of the original contractor. DEP and the subsequent contractor enter into a Payment GFCC contract to
complete the reclamation required in the original contract.
A.
Eligibility
Any eligible person may submit a proposal to DEP to enter into a GFCC for the purpose of
reclaiming AML involving incidental and necessary coal or coal refuse removal or placing
excess spoil from a permitted mine. The District Mining Manager will either approve or
disapprove the eligibility of the contractor or the site in accordance with Section 4.8(a) of
PA SMCRA.
To be an “eligible person” the person needs to clear DEP’s standard compliance check and the
federal compliance database known as the Applicant Violator System (AVS). Licensed
operators, approved contractors and applicants approved by the Division of Permitting and
Compliance, Bureau of Mining Programs through the Mining License, Contract Operator
Approval and Ownership and Control Registration form (5600-PM-BMP0025) are typically
“eligible persons.” Liability insurance is required by the GFCC. (
See
paragraphs 14.a., b., c.,
d. and e. in the contract document.) An additional AVS check is completed prior to the
execution of the contract by the District Mining Office (DMO).
Contractor Eligibility Requirements:
A person is eligible to secure a special authorization to engage in incidental and necessary
coal extraction or coal refuse removal if they can demonstrate, at a minimum, DEP’s
satisfaction that:
1). The contractor or any related party or subcontractor which will act under its
direction has no history of past or continuing violations which show the contractor’s lack of
ability or intention to comply with the acts or the rules and regulations promulgated
thereunder. For the purposes of this special authorization, the term “related party” shall mean
any partner, associate, officer, parent corporation, affiliate or person by or under common
control with the contractor.
2). The person has submitted proof that any violations, related to the mining of coal
by the contractor or any related party or subcontractor, of any of the acts, rules, regulations,
permits or licenses of DEP has been corrected or is in the process of being corrected to the
satisfaction of DEP.
3). The person has submitted proof that any violation by the contractor or by any
person owned or controlled by the contractor or by a subcontractor of any law, rule or
regulation of the United States or any state pertaining to air or water pollution has been
corrected or is in the process of being satisfactorily corrected.
4). The person or any related party or subcontractor has no outstanding unpaid civil
penalties which have been assessed for violation of either the Surface Mining Conservation
and Reclamation Act or The Clean Streams Law in connection with either surface mining or
reclamation activities.

563-2000-001 / DRAFT June 11, 2016/ Page 4
5). The person or any related party or subcontractor has not been convicted of a
misdemeanor or felony under PA SMCRA or other acts listed in Section 4.8(e) of
PA SMCRA and has not had any bonds declared forfeited by DEP.
See
52 P.S. § 1396.4 h(b) and (e).
Site Eligibility Requirements:
A special authorization for the extraction of coal or removal of coal refuse may be granted
under a GFCC if an eligible person demonstrates at a minimum that:
1). The primary purpose of the operation to be undertaken is the reclamation of
abandoned mine lands.
2). The extraction of coal will be incidental and necessary, or the removal of coal
refuse will be required, to accomplish the reclamation of abandoned mine lands pursuant to a
GFCC.
1
3). Incidental and necessary coal extraction or coal refuse removal will be confined to
the project area being reclaimed.
See
52 P.S. § 1396.4 h(c).
A GFCC under the terms of this guidance is limited to those situations where a contractor
proposes to:
(1)
Reclaim AML or abate mine drainage pollution where coal or coal refuse removal is
incidental and necessary to complete the project. Reclamation should also include,
where feasible, the installation of passive treatment systems and/or other measures to
mitigate pre-existing discharges.
(2)
Place excess spoil from a permitted mine on AML lands. Placement details should be
contained in the permitted mine’s approved reclamation plan.
(Note: Excess spoil placement on adjacent abandoned mine lands may also be
authorized through a Consent Order and Agreement or a surface mining permit in lieu
of a GFCC.)
Generally, contracts are for “whole site” reclamation that can be accomplished in a period of
five years or less. Phased GFCC projects may be considered as long as the guidelines within
parts A-C of this guidance are satisfied. If projects are phased they should be phased so that
the reclamation can be completed within each phase independent of the reclamation of the
other phases. Contractors interested in phased GFCC projects should notify the DMO during
the pre-application process.
1
For the purposes of determining whether or not extraction of coal is incidental and necessary standard engineering
factors shall be considered and shall not in any case consider the economic benefit deriving from the extraction of coal.
The necessary extraction of coal shall in no case include an area adjacent to the previously affected area which will be
reclaimed or the extraction of coal beneath the previously affected area which will be reclaimed.

563-2000-001 / DRAFT June 11, 2016/ Page 5
Coal refuse ash and biosolids may be used for site reclamation consistent with the DEP
requirements.
See, eg,
25 Pa. Code Chapters 86, 87, 271, 287, and 290.
The barrier provisions of Section 4.2(c) of PA SMCRA apply to areas of coal extraction. Coal
extraction cannot occur within 100 feet of the outside line of the right-of-way of any public
highway or within 300 feet of any occupied dwelling, nor within 300 feet of any public
building, public park, school, church, community or institutional building or within 100 feet of
any cemetery, unless DEP grants a variance to the restrictions. The barriers do not apply to
support activities, reclaiming abandoned spoil piles or the removal of coal refuse.
The contractor should demonstrate that it has the legal right of entry where coal extraction and
coal refuse removal are proposed within the right-of-way to underground utilities or gas lines.
The contractor should similarly demonstrate that adequate precautions are taken when blasting
near utilities or gas lines. The technical guidance document Blasting Near Utility Lines on
Mine and Construction Sites and Bituminous Coal Mining Within the Right-Of-Way or
easement of Utility Lines (562-2112-503) should be followed to protect the integrity of the
utility.
B.
GFCC Pre-Application Process
Any person who wishes to propose a new project should submit a Pre-GFCC application. The
Pre-GFCC application ought to contain the following:
Completed face sheet form 5600-FM-BMP0307
(
http://www.elibrary.dep.state.pa.us/dsweb/View/Collection-8913
) page 1
Topographic map with the project area clearly shown
Extent of proposal form 5600-FM-BMP0307 page 2
Cost calculations
Project narrative
Copy of the Supplemental “C” Consent of Landowner form
Upon receipt of a GFCC pre-application, the DMO typically prepares the OSM Title IV
Eligibility Determination (5400-FM-AMR0001), a Categorical Exclusion Form (Exhibit 1
and 2, Chapter 4-160 of the Federal Assistance Manual 2010) and Supplemental
Determination Form (Appendix A). If any responses on the Categorical Exclusion form are
“Yes,” then an environmental assessment in accordance with the National Environmental
Policy Act (NEPA) should be prepared. Chapter 4-160 of the Federal Assistance Manual
2010 can be used as a guide to prepare the Categorical Exclusion Form or environmental
assessment (Exhibit 4)
(
http://www.osmre.gov/lrg/fam/4-160.pdf
). The consultant that
prepared the pre-application is a good source of information for the preparation of these
documents.
Proof of consultation with Pennsylvania Natural Heritage Program’s (PNHP) Pennsylvania
Natural Diversity Inventory (PNDI) is required. To ensure compliance with federal and state
law, submit a Pennsylvania Natural Diversity Inventory Project Environmental Review
Receipt (PNDI receipt). If the PNDI receipt identifies a conflict with threatened or
endangered species, it will provide an explanation of the potential impact(s) and instructions
on how to resolve the potential impact. See Technical Guidance Document # 400-0200-001,

563-2000-001 / DRAFT June 11, 2016/ Page 6
Policy for Pennsylvania Natural Diversity Inventory (PNDI) Coordination During Permit
Review and Evaluation.
DMO will usually schedule a field meeting at the site with BAMR, OSM and the contractor.
The purpose of the meeting is to review site conditions including the Title IV priority level,
eligibility, and potential mitigation and reclamation procedures. The intent is for a majority of
the issues regarding qualification of these projects to be resolved during the meeting. If the
proposed project is acceptable, the DMO may instruct the contractor to obtain clearance from
the State Historic Preservation Office (SHPO) prior to submitting the complete application.
C.
GFCC Application
A complete GFCC application 5600-FM-BMP0307
(
http://www.elibrary.dep.state.pa.us/dsweb/View/Collection-8913
) typically consists of a face
sheet, the appropriate application fees and the following applicable Modules:
Extent of Proposal with Project Description Narrative
Ownership and Control (Module 1)
Environmental Resources and Operations Map (Module 2)
Hydrology (Module 3)
Operational Information (Module 4)
Streams (Module 5, if necessary include the appropriate Chapter 105 permit
application)
Refuse Ash (Module 25, if proposed)
Biosolids (Module 27, if proposed)
The NPDES General Permit for Stormwater Discharges Associated with Construction
Activities PAG-02 (3150-PM-BWEW0280) may be used when the discharge is not to a
“Special Protection” watershed; the site is greater than one (1) acre and has no discharges
subject to categorical point source effluent limitations promulgated by EPA for categories
other than construction or post construction, and otherwise meets the eligibility criteria listed
in the permit. For further detail, consult PAG-02 and the accompanying Fact Sheet. The
DMO usually approves the general permit along with the contract approval.
For all other sites that are disturbing more than 1 acre that do not meet the PAG-02 eligibility
criteria, or where the contractor intends to use conventional treatment facilities for treatment
of pit water or runoff, the contractor should complete an individual NPDES permit
application (5600-PM-BMP0032) (Associated with Mining Activities) and pay the application
fee. The treatment facilities should be depicted on Exhibit 2.2 and included in the operational
information (Module 4).
Five copies of the proposal are to be submitted to the appropriate DMO. At the same time, the
contractor should file a complete copy of the proposal with the public review office in the
county where the project is located.

563-2000-001 / DRAFT June 11, 2016/ Page 7
D.
Review Process
Upon receipt, the proposal is processed as follows:
(1)
The ownership/control information is entered into DEP’s compliance database and a
compliance check/AVS check run. Proposals will generally be reviewed regardless of
the AVS compliance status unless the applicant is determined to be ineligible as a
result of the DEP standard compliance check. The applicant is notified in writing if he
has outstanding violations or if he is determined to be ineligible to participate in the
GFCC program.
The proposal may be reviewed for completeness and, if accepted, given an ID number.
The number should consist of the county code-year accepted-sequential number for
that county. This number eventually becomes the contract number upon execution of
the contract. The same number is to be assigned to the Small Projects permit
application, if submitted, with an “SP” prefix.
(2)
A newspaper notice is published by the DMO advertising receipt of the proposal. The
notice should be published once a week for two consecutive weeks in a newspaper
local to the project area (see Appendix B for sample of newspaper public notice).
(Note: Requests for variances should be included in the newspaper notice in
accordance with Section 4.2 (c) of PA SMCRA.)
(3)
The DMO provides the required public notices for any NPDES and Chapter 105
permits.
(4)
The DMO notifies the municipality and county in which the site is located, by certified
letter, that DEP received a proposal for a GFCC to reclaim AML that involves
incidental and necessary extraction of coal or removal of coal refuse or use of excess
spoil from a permitted mine to reclaim AML within the municipality (see Appendix C
for sample of notice to municipality/county).
(5)
The DMO notifies the following agencies of the proposal (see Appendix D for
examples of notification letters):
Regional Water Supply Manager
Bureau of Abandoned Mine Reclamation
County Conservation District
Pa. Fish and Boat Commission
Pa. Game Commission
Pa. Historical and Museum Commission - (If SHPO clearance was not
obtained)
(6)
The DMO finalizes the OSM Title IV Eligibility Determination, an Environmental
Assessment (EA) or a Categorical Exclusion Form (CEF), a Supplemental
Determination Form (SDF) (see Appendix A) and obtain an environmental clearance
from the U.S. Fish and Wildlife Service.

563-2000-001 / DRAFT June 11, 2016/ Page 8
The DMO submits all appropriate forms and clearances along with a copy of the
complete GFCC application and three copies of the topographic quadrangle map of the
project area with project descriptions and application face sheets to the Division of
Project Development, Bureau of Abandoned Mine Reclamation (BAMR–Harrisburg).
Upon receipt of all required information for their review, BAMR will typically update
OSM’s Abandoned Mine Lands Inventory System (AMLIS) and submit the
environmental assessment package to OSM for their review and approval. The GFCC
can be executed when OSM submits an Authorization to Proceed Letter for the project
to the appropriate DMO.
(7)
The contractor is responsible for securing any necessary highway occupancy permits.
The contractor should provide proof that this has been done before the contract can be
executed.
(8)
A GFCC cannot be initiated without the written consent of the surface owner for right
of entry and consent of the mineral owner for removal of coal and coal refuse. A
Consent of Landowner form needs to be completed and recorded with the property
deed. The original recorded consent of landowner form needs to be submitted before
the contract can be executed.
(9)
The District Mining Manager has the discretion on whether or not to enter into a
contract. When the proposal is determined to be acceptable, the DMO staff will
usually schedule a meeting with the contractor and, if necessary, a DEP attorney from
the Bureau of Regulatory Counsel and/or General Law Division to review and assist in
the execution of the standard contract document, bond form, and special authorization.
(10)
The DMO generally determines the amount of the performance bond based upon
DEP’s cost to complete all of the requirements of the contract. The amount of the
performance bond will typically be calculated using the engineering estimate for the
cost to fulfill the obligations under the contract and DEP’s current bond rate
guidelines. Bonding for excess spoil placement on adjacent AML is to be determined
on a case-by-case basis. The contractor also provides a warranty bond. The warranty
bond covers any defects which may develop or become apparent during the period of
one year (365 days) from the date of completion and acceptance of the work
performed under this contract. This warranty bond is to be in the amount of 10 percent
(10%) of the amount of the performance bond. The performance and warranty bonds
are to be submitted on forms provided by DEP.
(11)
For those projects requiring a Small Projects Permit under Chapter 105, the DMO will
generally prepare the permit for signatures and issuance with the executed contract.
(12)
When the contractor returns the contract document, bond forms and appropriate
exhibits to the DMO, three (3) copies are forwarded to the General Law Division,
9th Floor, Rachel Carson State Office Building, P.O. Box 8464, Harrisburg,
PA 17105-8464 to review for form and legality and execution.
(13)
The DMO conducts a compliance check and requests the monitoring fee. The DMO
executes the contract, provides the required public notices for any NPDES and

563-2000-001 / DRAFT June 11, 2016/ Page 9
Chapter 105 permits and notifies the following of its action (see Appendix F for
sample notification letter):
The host municipality and county by certified mail
Each agency that submitted comments
The Bureau of Abandoned Mine Reclamation, Harrisburg
Appropriate state legislators
The DMO provides the DEP Information Specialists, or the Regional Community
Relations Coordinator a description of the project, to determine if a press release is
appropriate (see Appendix F for sample press release notice).
E.
Inspections
The DMO should conduct monthly inspections of all GFCCs until the site is determined to be
stabilized by vegetation. At that point, the DMO may conduct inspections on a quarterly basis
until the terms of the contract are satisfied and the final bond is released. During the
inspection of the GFCC project area, all performance standards applicable to the site should be
evaluated for conformance with contract requirements, general and site specific conditions for
the project, and information provided by the contractor in the application (modules).
All violations DEP finds during an inspection may be brought to the attention of the operator
through the Inspection Report, Notice of Violation or Compliance Order. The technical
guidance document Compliance/Enforcement Procedures (562-4100-301) describes the
methods used for gaining compliance. Regardless of the mechanism used to identify
violations, the Inspection Report should include a detailed description of the violation, the
corrective work needed, and a date by which compliance should be achieved. DEP will
provide written notice of the violation to the contractor.
F.
Termination of Contract
Exhibit A of the contract specifies the general conditions of the contract. Pursuant to the
terms of the contract, the performance of the reclamation project needs to be completed in
accordance with the contract and the applicable regulations, 25 Pa. Code Chapters 87, 88, 90,
and 102. DEP may terminate the contact due to the contractor’s non-performance, inadequate
performance, default, or violation of any term of the contract or violation of any
environmental statute or regulation as specified in paragraph 19 and condition number 15 of
Exhibit A of the contract. DEP will provide the contractor a notice of the deficiencies and an
opportunity to remedy the deficiencies prior to terminating the contract. If the Contractor
begins to remedy their non-performance, inadequate performance, default or violation of any
term of the Contract and to correct any violation of any environmental statute or regulation
within seven days of receipt of the deficiency report, the Contract will not be terminated
provided the remedy is timely completed.
Provision 16 of Exhibit C of the contract authorizes DEP to claim damages for expenses
incurred in obtaining another contractor to complete performance of the contract, and to debar
and suspend the contractor from doing business in Pennsylvania. DEP can secure another
contractor to complete the work. DEP can collect all or a portion of the performance bond in
the amount of the damages but cannot exceed the amount of the damages. Normally DEP will

563-2000-001 / DRAFT June 11, 2016/ Page 10
use other funds to pay for the reclamation work and then reimburse the fund once the
performance bond is collected. If a performance bond is underwritten by a surety company,
the surety company has the option of assuming the contract and completing the reclamation
through an agreement with DEP. The warranty bond under a termination can be released, as it
no longer applies to the contract.
Warranty bonds are in effect for 365 days from the date of completion and acceptance of the
work performed under the contract. The warranty bond automatically expires unless DEP
takes action to file a claim on the bond before the end of the warranty period. Any defects
should be identified and relayed to the contractor as soon as possible to provide sufficient time
to have the defect corrected or initiate the process to forfeit and collect the warranty bond
collected prior to the expiration of the warranty period. At the end of the warranty period the
DMO is to notify the Bonding Section, of the Contracts, Procurement and Bonding Division
that the warranty period has expired and the warranty bond can be released.
APPENDICES:
Appendix A
GFCC Supplemental Determinations
Appendix B
Sample Newspaper Notice
Appendix C
Sample Municipality/County Notice
Appendix D
GFCC Notices
Appendix E
Notification of Contract Approval
Appendix F
Sample Press Release Notice

563-2000-001 / DRAFT June 11, 2016/ Page 11
APPENDIX A
GFCC SUPPLEMENTAL DETERMINATIONS
For each proposed GFCC it is best to make the following determinations prior to approval of the
projects.
1.
Is there a likelihood that the coal or coal refuse removal proposed on this project would be done
under a Title V permit? Why not:
2.
Could nearby or adjacent mining activities create new environmental problems or adversely affect
existing problems at the proposed site? Explain:
3.
Could reclamation activities at the proposed site adversely affect nearby or adjacent mining
activities? Explain:
4.
Do you agree with the Title V Regulatory Authority on the limits of any coal refuse, coal waste, or
other coal deposits which can be extracted under Pa.’s Title IV Program Amendment?
?
Yes
?
No
5.
Do you agree with the Title V Regulatory Authority on the delineation of the boundaries of the
AML project?
?
Yes
?
No
6.
Did you:
(1)
Characterize the site in terms of mine drainage, active slides and slide-prone areas, erosion
and sedimentation, vegetation, toxic materials, and hydrologic balance;
?
Yes
?
No
Reference __________________________________________________________________________________
(2)
Ensure that the reclamation project is conducted in accordance with the provisions of
30 CFR Subchapter R;
?
Yes
?
No Reference __________________________________________________
(3)
Develop specific-site reclamation requirements, including performance bonds when
appropriate in accordance with State procedures; and
?
Yes
?
No
Reference __________________________________________________________________________________
(4)
Require the contractor conducting the reclamation to provide prior to the time reclamation
begins applicable documents that clearly authorize the removal of coal refuse or the extraction of coal and payment
of royalties.
?
Yes
?
No Reference ___________________________________________________________
_____________________________________________
DEP Title V Official
_____________________________________________
DEP Title IV Official

563-2000-001 / DRAFT June 11, 2016/ Page 12
APPENDIX B
SAMPLE NEWSPAPER NOTICE
The Federal Office of Surface Mining approved the Department of Environmental Protection’s
Abandoned Mine Land Plan Amendment II on March 26, 1999. This approval authorizes the
Department to enter into Government-Financed Construction Contracts that include incidental and
necessary coal and coal refuse removal on reclamation projects. This program is utilized as a means of
enhancing the environmental and aesthetic values of the Commonwealth.
The Department of Environmental Protection has received a proposal from _______________ to
enter into a Government-Financed Construction Contract to
brief description of project including
type of project to be reclaimed, and duration of project
.
A copy of the project proposal is on file for public review at the _______________ District
Mining Office, _______________, and the _______________ County Conservation District Office,
_______________, between the hours of 9:00 a.m. - 4:00 p.m. Comments may be sent to
_______________, District Mining Manager, at the above District Mining Office within twenty (20)
days of the date of this notice.
Include requests for variances to extract coal within the barriers provided in PA SMCRA §4.2(c) or to
conduct mining activities within 100 feet of a stream in the public notice. Select from the suggested
wording below as appropriate.
?
The proposal includes a request for a variance to conduct mining activities within 100 feet of
(name of stream). The stream encroachment activities consist of (description of activities).
?
The proposal includes a request for a variance to extract coal within 100 feet of (name of public
road).
?
The proposal includes a request for a variance to extract coal within 300 feet of (include
appropriate structure; an occupied dwelling, a public building, public park, school, church,
community, or institutional building).
?
The proposal includes a request for a variance to extract coal within 100 feet of a cemetery
(name of cemetery).

563-2000-001 / DRAFT June 11, 2016/ Page 13
APPENDIX C
SAMPLE MUNICIPALITY/COUNTY NOTICE
BUREAU OF DISTRICT MINING OPERATIONS
(Date)
CERTIFIED MAIL NO.
(Inside Address)
Re:
GFCC Proposal No.
APS ID No.
Site ID No.
Contractor:
Township:
County:
Dear __________:
The Federal Office of Surface Mining (OSM) approved an amendment to Pennsylvania’s AML
plan on March 26, 1999, to authorize the Department of Environmental Protection (Department)
to enter into Government-Financed Construction Contracts, to remove incidental and necessary
coal and coal refuse on reclamation contracts as a means of enhancing the environmental and
aesthetic values of the Commonwealth.
The Department has received a proposal from _______________ to enter into a
Government-Financed Construction Contract to remove incidental and necessary coal and coal
refuse from and to reclaim an abandoned mine land. This project is situated on the property of
____________ in _______________. The term of the contract, as proposed, is _____________.
Coal refuse ash utilization is proposed on the project area consistent with the beneficial use
guidelines of the Department’s Residual Waste Regulations (only where applicable).
Sewage sludge utilization has been proposed on the project area to promote and enhance
vegetative growth in accordance with the Land Reclamation Guidelines of the Department’s
Regulations (only where applicable).
The contractor has also submitted a Small Projects permit application to the Department, in
accordance with Chapter 105 Regulations (only when applicable).
The contractor has also submitted an NPDES permit application to the Department in accordance
with Chapter 92 of the regulations (only when applicable).

563-2000-001 / DRAFT June 11, 2016/ Page 14
A copy of the project proposal is on file for public review at the _______________ District
Mining Office, _______________, PA __________, and the _______________ County
Conservation District Office, _______________, between the hours of 9:00 a.m. - 4:00 p.m.
Comments may be sent to _______________, District Mining Manager, at the above District
Mining Office address within twenty (20) days of the date of this notice.
Sincerely,
_______________________
Chief
Permit Review Section
_______________________ District Office
bcc:
File

563-2000-001 / DRAFT June 11, 2016/ Page 15
APPENDIX D
GFCC NOTICES
1. Water Supply Management
MEMO
TO
Regional Water Supply Manager
FROM
____________________
Chief
,
Permit Review Section
____________________ District Office
DATE
RE
GFCC Proposal No.
APS ID No.
Site ID No.
Contractor:
Township:
County:
MESSAGE:
The subject contractor has submitted a proposal to the Department to enter into a
Government-Financed Construction Contract to remove incidental and necessary coal and
coal refuse and to reclaim abandoned mine land. Attached are relevant portions of the
proposal for your review and comment. Please advise if there are any public water supplies
with on-stream intakes within 10 miles downstream of this project area or public water
supply well sources within 1/2 mile of the project area.
Please forward any comments you may have concerning this proposal to my attention within
thirty (30) days of receipt of this notice.
Attachments:
bcc:
File

563-2000-001 / DRAFT June 11, 2016/ Page 16
2. Abandoned Mine Reclamation
TO
____________________
Division of Mine Hazards
Bureau of Abandoned Mine Reclamation
FROM
____________________
Chief
,
Permit Review Section
____________________ District Office
DATE
RE
GFCC Proposal No.
APS ID No.
Site ID No.
Contractor:
Township:
County:
MESSAGE:
The subject contractor has proposed to enter into a Government-Financed Construction
Contract to remove incidental and necessary coal and coal refuse from and to reclaim
abandoned mine land. Attached for your information is a copy of the complete application
and topographic map showing the location of the project area. Please call if you have any
questions concerning this contract.
Attachments
bcc:
File

563-2000-001 / DRAFT June 11, 2016/ Page 17
3. Conservation District
MEMO
TO
____________________ Conservation District
FROM
____________________
Chief, Permit Review Section
____________________ District Office
DATE
RE
GFCC Proposal No.
APS ID No.
Site ID No.
Contractor:
Township:
County:
MESSAGE:
The subject contractor has submitted a proposal to the Department to enter into a
Government-Financed Construction Contract to remove incidental and necessary coal and
coal refuse from and to reclaim abandoned mine land. Please review the copy of this
proposal the contractor has filed with your office. Written comments may be submitted to
the Department of Environmental Protection at this office address within thirty (30) days of
the date of this notice. If you haven
t received your copy of this proposal, please contact
this office. Your copy of the above proposal should be retained in your office for public
review.
bcc:
File

563-2000-001 / DRAFT June 11, 2016/ Page 18
4. Fish and Boat Commission
MEMO
TO
____________________
PA Fish and Boat Commission
Administrative Services
FROM
____________________
Chief
,
Permit Review Section
____________________ District Office
DATE
RE
GFCC Proposal No.
APS ID No.
Site ID No.
Contractor:
Township:
County:
MESSAGE:
The subject contractor has submitted a proposal to the Department to enter into a
Government-Financed Construction Contract to remove incidental and necessary coal and
coal refuse and to reclaim abandoned mine land. Attached are relevant portions of the
proposal for your review and comment.
Please forward any comments you may have concerning this proposal to my attention within
thirty (30) days of receipt of this notice.
Attachments: Facesheet
U.S.G.S. Topo Map Section
bcc:
File

563-2000-001 / DRAFT June 11, 2016/ Page 19
5. Game Commission
MEMO
TO
____________________
Division of Land Management
PA Game Commission
FROM
____________________
Chief
,
Permit Review Section
____________________ District Office
DATE
RE
GFCC Proposal No.
APS ID No.
Site ID No.
Contractor:
Township:
County:
MESSAGE:
The subject contractor has submitted a proposal to the Department to enter into a
Government-Financed Construction Contract to remove incidental and necessary coal and
coal refuse and to reclaim abandoned mine land. Attached are relevant portions of the
proposal for your review and comment.
Please forward any comments you may have concerning this proposal to my attention within
thirty (30) days of receipt of this notice.
Attachments: Facesheet
U.S.G.S. Topo Map Section
bcc:
File

563-2000-001 / DRAFT June 11, 2016/ Page 20
6. PHMC
MEMO
TO
Pennsylvania Historic and Museum Commission
FROM
____________________
Chief
,
Permit Review Section
____________________ District Office
DATE
RE
GFCC Proposal No.
APS ID No.
Site ID No.
Contractor:
Township:
County:
MESSAGE:
The subject contractor has submitted a proposal to the Department to enter into a
Government-Financed Construction Contract to remove incidental and necessary coal and
coal refuse and to reclaim abandoned mine land. Attached are relevant portions of the
proposal for your review and comment.
Please forward any comments you may have concerning this proposal to my attention within
thirty (30) days of receipt of this notice.
Attachments: Facesheet
U.S.G.S. Topo Map Section
bcc:
File

563-2000-001 / DRAFT June 11, 2016/ Page 21
APPENDIX E
NOTIFICATION OF CONTRACT APPROVAL
BUREAU OF DISTRICT MINING OPERATIONS
(Date)
(Inside Address)
Re:
_______________________
Government-Financed Construction Contract (GFCC) No.
Township:
County:
Dear __________:
This letter is written to notify you that a Government-Financed Construction Contract (GFCC) has been
granted to _______________________ for the reclamation of abandoned mine lands in _____________
Township, _______________________ County. Under the terms of the contract, coal and coal refuse
removal that is incidental and necessary to facilitate reclamation is approved. The contract requires total
reclamation and revegetation of the project area.
If you have any questions regarding this project, please contact the _______________________ District
Mining Office at the above phone number.
Sincerely,
_______________________
District Mining Manager
Bureau of District Mining Operations
bcc:
File

563-2000-001 / DRAFT June 11, 2016/ Page 22
APPENDIX F
SAMPLE PRESS RELEASE NOTICE
The _______________________ District Mining Office for the Department of Environmental
Protection awarded a Government-Financed Construction Contract (GFCC) to ____________________
on _______________________, that will result in the reclamation of _______________________ acres
of abandoned mine lands in _______________________ Township, _______________________
County. Under the terms of this contract, coal and coal refuse removal that is incidental and necessary
to facilitate reclamation is approved. The contract requires total reclamation and revegetation of the
project area.

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