(a) A vegetative
cover capable of stabilizing the soil surface with respect to erosion shall be
established following soil replacement. All vegetation shall be in compliance
with the plan approved by the Department under §
89.122 (relating to prime
farmlands) and carried out in a manner that encourages prompt vegetative cover
and recovery of productive capacity. The timing and mulching provisions of
§
89.86(c) and (d)
(relating to revegetation) shall be met.
(b) Within a time period specified in the
permit, but not to exceed 10 years after completion of backfilling and rough
grading, any portion of the permit area which is prime farmland shall be
restored to a condition capable of equivalent or higher levels of yield as
nonmined prime farmland in surrounding areas under equivalent levels of
management. When used for cropland, crops may be grown in rotation with hay or
pasture crops as defined for cropland. The Department may approve a crop use of
perennial plants for hay, when this is a common long term use of prime farmland
soils in the surrounding area. The level of management shall be equivalent to
that on which the target yields are based.
(c) Standards for determining success of
restoration on prime farmlands 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.
(1) If crops are grown, standards for
determining success of restoration shall be used 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 Secretary of the Department
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:
(i) Average annual crop production shall be
determined based upon a minimum of three years 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).
(ii) Adjustment for
weather-induced variability in the annual crop production may be permitted by
the Department.
(iii) Restoration
on 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.
(2) 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 §
87.155(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 consider erodability, moisture-holding capacity,
permeability, depth, texture, pH and any other factors deemed relevant by the
Department for determining quality of the restored soils as prime
farmland.
(d) In all
cases, soil productivity for prime farmlands 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 §
89.122.
Notes
The
provisions of this § 89.134 adopted 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 § 89.134 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 §
89.122 (relating to prime
farmlands).
