(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 §
90.45 (relating to prime farmland)
and carried out in a manner that encourages prompt vegetative cover and
recovery of productive capacity. The timing and mulching provisions of
§§
90.151 and
90.157 (relating to revegetation:
general requirements; and revegetation: mulching) shall be met.
(b) Within a time period specified in the
permit, but not to exceed 10 years after completion of coal refuse disposal
activities, any portion of the permit area which is prime farmland must have
the capabilities of being used for crops commonly grown on surrounding prime
farmland. 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 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.
(1) If crops are grown, standards for
determining the 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 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.
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 three years prior
to release of bonding according to Chapter 86 Subchapter E (relating to coal
exploration).
(ii) Adjustment for
weather-induced variability in the annual crop production may be permitted by
the Department.
(iii) 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 specified in the permit in
accordance with §
90.45.
(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 §
90.159(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 §
90.22 (relating to prime farmland
investigation).
Notes
The
provisions of this § 90.165 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 § 90.165 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 §
86.151 (relating to period of
liability); 25 Pa. Code §
86.159 (relating to self-bonding);
25 Pa. Code §
90.45 (relating to prime
farmland); 25 Pa. Code §
90.122 (relating to coal refuse
disposal); 25 Pa. Code §
90.125 (relating to coal refuse
disposal: construction requirements); 25 Pa. Code §
90.151 (relating to revegetation:
general requirements); and 25 Pa. Code §
90.161 (relating to prime
farmland: special requirements).
