Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 25 - COAL MINING AND RECLAMATION OPERATIONS › Rule 6 - Performance Standards › Section 6-143 - Prime farmland; special performance standards; revegetation and restoration of soil productivity

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-34-2-1
Affected: IC 14-34
Sec. 143.
(a)
				Following prime farmland soil replacement, the soil surface shall be stabilized
				with a vegetative cover or other means that effectively controls soil loss by
				wind and water erosion.
(b) Prime
				farmland soil productivity shall be restored under the following provisions:
(1) Measurement of soil productivity shall be
				initiated within ten (10) years after completion of the soil
				replacement.
(2) Soil productivity
				on the mined and reclaimed prime farmland area shall be measured using one (1)
				of the following methods:
(A) Growing crops on
				a representative sample of the area using the test plot standards of section 60
				of this rule.
(B) Growing crops on
				all of the area.
(3)
				The:
(A) sampling techniques contained in
				section 60 of this rule; and
(B)
				statistical methodology contained in section 61 of this rule; shall be used to
				measure soil productivity.
(4) The period for measuring crop production
				(yield) shall be at least three (3) crop years before the release of the
				operator's performance bond.
(5)
				The level of management applied during the measurement period shall be the same
				as the level of management used for nonmined prime farmland in the surrounding
				area.
(6) Restoration of soil
				productivity is achieved when the yield during the measurement period equals or
				exceeds one hundred percent (100%) of the success standard found at section
				59(c) of this rule for any three (3) years of the responsibility period. One
				hundred percent (100%) of the success standard must be met with a ninety
				percent (90%) statistical confidence level, in other words, a one (1) sided
				test with a 0.10 alpha error. Where reference crops are used for demonstrating
				productivity, the yield comparisons shall be established for the same period
				for nonmined soils of the same or similar texture or slope phase of the soil
				series in the surrounding area under equivalent management practices.
(7) The reference crop on which restoration
				of soil productivity is proven shall be selected from the crops most commonly
				produced on the surrounding prime farmland. Where row crops are the dominant
				crops grown on prime farmland in the area, the row crops requiring the greatest
				rooting depth shall be chosen as one (1) of the reference crops.
(8) The reference crop yield may be adjusted
				for factors including:
(A) disease;
(B) weather;
(C) tillage management;
(D) pests; and
(E) seed or plant selection; specified in
				section 59(c) of this rule.
(9) In determining the period of
				responsibility under
				312 IAC
				25-5-7, the director may approve selective husbandry
				practices (except for augmented seeding, fertilization, or irrigation) without
				extending the period of responsibility for revegetation success and bond
				liability if:
(A) the selective husbandry
				practices can be expected to continue as part of the postmining land use;
				or
(B) discontinuance of the
				practices after the liability period will not reduce the probability of
				permanent revegetation success.
(10) Selective husbandry practices that may
				be approved under subdivision (9) are normal conservation practices within the
				region for unmined lands having land uses similar to the approved postmining
				land use of the disturbed area and may include the following:
(A) Disease, pest, and vermin
				control.
(B) Repair of rills and
				gullies.
(C) Pruning, reseeding, or
				transplanting specifically necessitated by these practices.
(11) The selection of reference
				areas shall be guided by section 59 of this rule. The selection of an approved
				reference area must be accomplished with concurrence by the Soil Conservation
				Service of the United States Department of Agriculture. (c) Commercial forest
				resources may be established on reclaimed prime farmland provided that
				productivity is demonstrated by subsection (b) and as follows:
(1) The director has approved a forest
				planting plan and forest management plan in consultation with the division of
				forestry.
(2) Landowner consent has
				been obtained.
(3) Forest
				compatible, permanent ground cover sufficient to control erosion is established
				and all erosion areas must be repaired or otherwise stabilized.
(4) The required soil replacement depth is
				verified and approved before trees are planted.
(5) Soil productivity shall be demonstrated
				under subsection (b).