Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.181 - Prime farmland: 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. Vegetation shall be in
						compliance with the plan approved by the Department under §
												87.83 (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
						§§
												87.148 and
						87.153 (relating to revegetation:
						timing; and revegetation: mulching) 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 yields as
						nonmined prime farmland in surrounding areas under equivalent levels of
						management. When used for crops, 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 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 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 3 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
						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.