(a) The
applicant shall contact the county office of the Natural Resources Conservation
Service to determine whether lands within the area may be prime
farmland.
(b) Land shall not be
considered prime farmland when the applicant can demonstrate one or more of the
following:
(1) The land has not been
historically used as cropland;
(2)
The slope of the land is 10% or greater;
(3) The land is not irrigated or naturally
subirrigated;
(4) Other factors
exist, such as a very rocky surface, or the land is flooded during the growing
season more than once in 2 years and the flooding has reduced the crop
yields;
(5) On the basis of a soil
survey of the lands proposed to be affected by surface operations or
facilities, there are no soil map units that have been designated prime
farmland by the United States Natural Resources Conservation Service;
or
(6) The area disturbed is
minimal in size (less than 5 acres) and has been or will be in use for an
extended period of time (more than 10 years).
(c) Lands containing soils which are not
excluded under the criteria of subsection (b) shall be considered prime
farmland.
(d) The applicant shall
submit the results of the investigation along with certification by the Natural
Resources Conservation Service that the conclusions are correct.
(e) If the investigation indicates that lands
within the proposed area to be affected by surface operations and facilities
are prime farmlands, the applicant shall submit a plan, in accordance with
§
89.122(b)
(relating to prime farmlands) for the designated land.
Notes
The
provisions of this § 89.121 adopted December 19, 1980, 10 Pa.B. 4789,
effective 7/31/1982, 12 Pa.B.
2382; amended July 30, 1982, 12 Pa.B. 2473, effective
7/31/1982, 12 Pa.B. 2382;
amended March 13, 2020, effective 3/14/2020, 50 Pa.B.
1508.
The provisions of this § 89.121 amended under
section 5 of The Clean Streams Law (35 P.S. §
691.5); sections 4(a) and 4.2 of the Surface
Mining Conservation and Reclamation Act (52 P.S.
§§
1396.4(a) and
1396.4b); section 3.2 of the
Coal Refuse Disposal Control Act (52 P.S. §
30.53b); section 7(b) of The Bituminous Mine
Subsidence and Land Conservation Act (52 P.S. §
1406.7(b)); and section
1920-A of The Administrative Code of 1929 (71 P.S. §
510-20).
This section cited in 25 Pa. Code §
86.37 (relating to criteria for
permit approval or denial); and 25 Pa. Code §
86.81 (relating to program
services).
