Section 88.61. Prime farmlands

(a) A person who conducts or intends to conduct surface mining activities on prime farmland shall submit a plan, as part of the permit application, demonstrating the following:

(1) The land will be restored, within a reasonable time, to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management.

(2) The standards for successful revegetation of § § 88.129, 88.217 and 88.330 (relating to revegetation: standards for successful revegetation; vegetation: standards for successful vegetation; and revegetation: standards for successful revegetation) can be achieved.

(b) The plan shall contain at a minimum:

(1) A soil survey with description of soil mapping units and representative soil survey profile under § 88.32(d) (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.

(2) A plan for soil reconstruction, replacement and stabilization to include:

(i) The proposed method and the type of equipment to be used for removal, storage and replacement of the soil.

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

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

(3) Scientific data, such as agricultural school studies, for areas with comparable soils, climate and management that demonstrate that the proposed method of reclamation, including the use of soil mixtures or substitutes will achieve, within a reasonable time, equivalent or higher levels of yield as nonaffected prime farmland in the surrounding area under equivalent levels of management.

(4) The productivity prior to mining, including the average yield of food, fiber, forage or wood products obtained under a high level of management.

The provisions of this § 88.61 adopted January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (199059) to (199060).

Notation

Authority

The provisions of this § 88.61 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19a); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

Cross References

This section cited in 25 Pa. Code § 86.261 (relating to program services); and 25 Pa. Code § 88.381 (relating to general requirements).