11 Miss. Code. R. § 8-2.3-29-2907 - Prime Farmlands

This section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations on prime farmlands historically used for cropland.

(a) Application Contents for Prime Farmland. If land within the proposed permit area is identified as prime farmland under § 2539, the applicant shall submit a plan for the mining and restoration of the land. Each plan shall contain, as a minimum:

(1) a soil survey of the permit area according to the standards of the National Cooperative Soil Survey and in accordance with the procedures set forth in U.S. Department of Agriculture Handbook 436 "Soil Taxonomy" (U.S. Soil Conservation Service, 1975), as amended on March 22, 1982, and October 5, 1982, and Handbook 18, "Soil Survey Manual" (U.S. Soil Conservation Service, 1951), as amended on December 18, 1979, May 7, 1980, May 9, 1980, September 11, 1980, June 9, 1981, June 29, 1981, and November 16, 1982. The U.S. Natural Resources Conservation Service establishes the standards of the National Cooperative Soil Survey and maintains a National Soils Handbook which gives current acceptable procedures for conducting soil surveys. This National Soils Handbook is available for review at area and state NRCS offices;

(A) U.S. Department of Agriculture Handbooks 436 and 18 are incorporated by reference as they exist on the date of adoption of this Section. Notices of changes made to these publications will be periodically published by OSM in the Federal Register. The handbooks are on file and available for inspection at the OSM Central Office, U.S. Department of the Interior, 1951 Constitution Avenue, NW., Washington, D.C., at each OSM Regional Coordinating Center and Field Office, and at the Department. Copies of these documents are also available from the Superintendent of Documents, U.S. Government Printing Office, Washington D.C. 20402, Stock Nos. 001-000-04612-8 and 001-000-04611-0, respectively. In addition, these documents are available for inspection at the national, state and area offices of the Natural Resource Conservation Service, U.S. Department of Agriculture, and at the Office of the Federal Register, 800 North Capitol Street, suite 700, Washington, D.C. Incorporation by reference provisions were approved by the director of the Federal Register on June 29, 1981;

(B) the soil survey shall include a description of soil mapping units and a representative soil profile as determined by the U.S. Natural Resources Conservation Service, including, but not limited to, soil-horizon depths, pH, and the range of soil densities for each prime farmland soil unit within the permit area. Other representative soil-profile descriptions from the locality, prepared according to the standards of the National Cooperative Soil Survey, may be used if their use is approved by the State Conservationist, U.S. Natural Resources Conservation Service;

(2) a plan for soil reconstruction, replacement, and stabilization for the purpose of establishing the technological capability of the mine operator to comply with the requirements of Rule 55;

(3) the moist bulk density of each major horizon of each prime farmland soil in the permit area. The moist bulk density shall be determined by laboratory tests of samples taken from within the permit area according to procedures set forth in "Soil Survey Laboratory Methods and Procedures for Collecting Soil Samples" (Soil Survey Investigations Report No. 1, United States Department of Agriculture, Soil Conservation Service, 1972). Other standard on-site methods of estimating moist bulk density may be used where these methods correct for particle size distribution and moisture content and are approved by the Natural Resources Conservation Service. In lieu of laboratory data from samples taken within the permit area, the Department may permit use of moist bulk density values representing the soil series where such values have been established by the Natural Resources Conservation Service;

(A) the location of areas to be used for the separate stockpiling of the soil and plans for soil stabilization before redistribution;

(B) if applicable, documentation, such as agricultural school studies or other specific data from comparable areas, that supports the use of other suitable material, instead of the A, B or C soil horizon, to obtain on the restored area equivalent or higher levels of yield as on non-mined prime farmlands in the surrounding area under equivalent levels of management;

(C) 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 performance bond or equivalent guarantee under Subchapter 2.4. Proper adjustments for seasons must 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;

(D) 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;

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

(F) in all cases, soil productivity for prime farmlands shall be returned to equivalent levels of yield as non-mined prime farmland of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to § 2907(a)(1).

(b) Consultation with Secretary of Agriculture.

(1) Before any permit is issued for areas that include prime farmlands, the Department shall consult with the State Conservationist of the U. S. Natural Resources Conservation Service.

(2) The Department shall obtain a list of prime farmland soils, their location, physical and chemical characteristics, crop yields, and associated data necessary to support adequate prime farmland soil descriptions.

(3) The Department shall request the assistance of the State Conservationist in describing the nature and extent of the reconnaissance inspection required in § 2539.

(4) The Department shall submit to the State Conservationist for review and comment on, the proposed method of soil reconstruction in the plan submitted under § 2907(a). If the State Conservationist considers those methods to be inadequate, he or she may suggest revisions to the Department which result in more complete and adequate reconstruction.

(c) Issuance of Permit. A permit for the mining and reclamation of prime farmland may be granted by the Permit Board, if it first finds, in writing, upon the basis of a complete application, that:

(1) the approved proposed postmining land use of these prime farmlands will be cropland;

(2) the permit incorporates as specific conditions the contents of the plan submitted under § 2907(a), after consideration of any revisions to that plan suggested by the secretary of agriculture under § 2907(b);

(3) the applicant has the technological capability to restore the prime farmland, within a reasonable time, to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management;

(4) the proposed operations will be conducted in compliance with the requirements of Rule 55 and other environmental protection performance and reclamation standards for mining and reclamation of prime farmland of the regulatory program.

(5) the aggregate total prime farmland acreage shall not be decreased from that which existed prior to mining. Water bodies, if any, to be constructed during mining and reclamation operations must be located within the post-reclamation non-prime farmland portions of the permit area. The creation of any such water bodies must be approved by the Permit Board and the consent of all affected property owners within the permit area must be obtained.

Notes

11 Miss. Code. R. § 8-2.3-29-2907