A person who conducts underground mining activities
shall comply with the performance standards and design requirements of this
section. The following performance standards shall be met:
(1) Signs and markers shall comply with
§
89.51 (relating to signs and
markers).
(2) Closing of
underground mine openings shall comply with §
89.83 (relating to closing of
underground mine openings).
(3)
Erosion and sedimentation control shall comply with §§
89.11 and
89.21 (relating to general
requirements; and erosion and sedimentation control).
(4) Removal, storage and use of topsoil and
vegetation support material shall comply with §§
88.86-88.90.
(5) Underground mining
activities shall be conducted to minimize adverse effects in the hydrologic
balance in accordance with §§ 88.94, 88.95, 88.98-88.103, 88.105,
88.106, 89.52-89.54, 89.57 and 89.60.
(6) Underground mining activities shall
comply with the general performance standards specified in §§
88.115-88.130, 88.136-88.138, 88.144, 89.61, 89.63, 89.64, 89.66-89.69, 89.81
and 89.88.
(7) Use of explosives
includes:
(i) A person who conducts surface
blasting activities incident to underground mining activities, including, but
not limited to, mine opening blasting shall conduct the activities in
compliance with §§ 88.45 and 88.134-88.137.
(ii) A person who conducts underground
blasting activities shall comply with this chapter and applicable State and
Federal laws and regulations in the use of explosives.
(8) Standards for determining success of
restoration on prime farmland soils shall be based upon the soil surveys and
soil interpretations and the latest yield data available from the United States
Department of Agriculture Natural Resources Conservation Service. Soil
productivity for prime farmland shall be returned to equivalent levels of yield
as nonmined land of the same soil type in the surrounding area under equivalent
management practices as determined from the soil survey performed under §
88.491(k)
(relating to minimum requirements for information on environmental resources).
(i) If crops are grown, standards for
determining success of restoration shall be based on crop yields. The current
estimated yields under equivalent levels of management for each soil map unit
and for each crop shall be used by the Department as the predetermined target
level for determining success of revegetation. The target yields may be
adjusted by the Department in consultation with the United States Secretary of
Agriculture before approval of the permit application. The crop productivity or
yield of the mined area shall be compared to the predetermined target level. As
a minimum, the following standards shall be met:
(A) Average annual crop production shall be
determined based upon a minimum of 3 years of data. Crop production shall be
measured for the 3 years immediately prior to release of bonding according to
Chapter 86, Subchapter F (relating to bonding and insurance
requirements).
(B) Adjustments for
weather-induced variability in the annual crop production may be permitted by
the Department.
(C) Restoration of
prime farmland shall be considered a success when the adjusted 3-year average
annual crop production is equivalent to, or higher than, the predetermined
target level of crop production.
(ii) If crops are not grown, standards for
determining success of restoration shall be based on a soil survey, in addition
to meeting the standards of §
88.129(b)
(relating to revegetation: standards for successful revegetation). The
permittee shall demonstrate to the Department that the prime farmland soil has
been restored to a capability of equivalent or higher levels of yield as
nonmined prime farmland of the same soil type in the surrounding area. The
demonstration shall include erodibility, moisture holding capacity,
permeability, depth, texture, pH and other analysis deemed relevant by the
Department for determining quality of the restored soils as prime
farmland.
