Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter E - PRIME FARMLANDS › PERFORMANCE STANDARDS › Section 89.134 - Revegetation

Current through Register Vol. 54, No. 28, July 13, 2024
(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.