Section 87.83. Prime farmlands

A person who conducts, or intends to conduct, surface coal mining and reclamation operations on prime farmland historically used for cropland shall submit a plan, as part of the permit application, for the mining and restoration of the land. The plan shall contain at a minimum:

(1) The proposed method and type of equipment to be used for removal, storage and replacement of the soil in accordance with § § 87.177—87.181.

(2) The proposed measures to be taken during soil reconstruction to prevent excessive compaction and achieve soil bulk densities which will result in the restored area returned to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management.

(3) The location of areas to be used for the separate stockpiling of the soil and plans for soil stabilization before distribution.

(4) If applicable, documentation, such as agricultural school studies or other scientific data from comparable areas, that supports the use of other suitable material, instead of the B or C soil horizon, to obtain on the restored area equivalent or higher levels of yield as nonmined prime farmlands in the surrounding area under equivalent levels of management.

(5) Plans for seeding or cropping the final graded disturbed land and the conservation practices to be used to adequately control erosion and sedimentation and restoration of an adequate soil moisture regime, during the period from completion of regrading until release of the bond under Chapter 86 Subchapter F (relating to bonding and insurance requirements). Proper adjustments for seasons shall be proposed so that final graded land is not exposed to erosion during seasons when vegetation or conservation practices cannot be established due to weather conditions.

(6) Available agricultural school studies or other scientific data for areas with comparable soils, climate and management—including water management—that demonstrate that the proposed method of reclamation will achieve, within a reasonable time, equivalent or higher levels of yield after mining as existed before mining.

(7) A soil survey with description of soil mapping units and representative soil profile under § 87.53(d)(1) (relating to prime farmland investigation). The soil profile description shall include, but not be limited to, soil horizon depths, pH and range of soil densities for each prime farmland soil unit within the proposed permit area. The Department may require the applicant to provide information on other physical and chemical soil properties as needed to make a determination that the operator has the technological capability to restore the prime farmland within the permit area to the soil reconstruction standards of § § 87.178—87.181.

The provisions of this § 87.83 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148637) to (148638).

Notation

Cross References

This section cited in 25 Pa. Code § 87.177 (relating to prime farmland: special requirements); 25 Pa. Code § 87.180 (relating to prime farmland: soil replacement); and 25 Pa. Code § 87.181 (relating to prime farmland: revegetation).