Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 90 - COAL REFUSE DISPOSAL › Subchapter C - MINIMUM OPERATION AND RECLAMATION PLAN INFORMATION REQUIRED IN APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.45 - Prime farmland

Current through Register Vol. 54, No. 28, July 13, 2024
A person who conducts, or intends to conduct, coal
						  refuse disposal activities on prime farmlands historically used for cropland,
						  in accordance with Subchapter E (relating to site selection), shall submit a
						  plan, as part of the permit application, for the disposal and restoration of
						  the land. The plan shall contain, at a minimum:
(1) The proposed method and type of equipment
						to be used for removal, storage and replacement of the soil in accordance with
						§§ 90.161-90.165.
(2) The proposed measures to be taken during
						soil reconstruction to prevent excessive compaction and achieve soil bulk
						densities which will result in the restored area being returned to equivalent
						or higher levels of yield as nonmined prime farmland in the surrounding area
						under equivalent levels of management.
(3) The location of areas to be used for the
						separate stockpiling of soil and plans for soil stabilization before
						redistribution.
(4) Documentation,
						if applicable, such as agricultural school studies or other scientific data
						from comparable areas, that supports the use of other suitable material,
						instead of the B or C soil horizon, to obtain on the restored area equivalent
						or higher levels of yield as nondisposal prime farmlands in the surrounding
						area under equivalent levels of management.
(5) Plans for seeding or cropping the final
						graded disturbed land and the conservation practices to be used to adequately
						control erosion and sedimentation and restoration of an adequate soil moisture
						regime, during the period from completion of regrading until release of the
						performance bond or equivalent guarantee under Chapter 86, Subchapter E
						(relating to coal exploration). Proper adjustments for seasons shall be
						proposed so that final graded land is not exposed to erosion during seasons
						when vegetation or conservation practices cannot be established due to weather
						conditions.
(6) Available
						agricultural school studies or other scientific data for areas with comparable
						soils, climate and management-including water management-that demonstrate that
						the proposed method of reclamation will achieve, within a reasonable time,
						equivalent or higher levels of yield after mining as existed before
						mining.
(7) A soil survey with
						description of soil mapping units and representative soil profile under §
						90.22 (relating to prime farmland investigation). The soil profile description
						shall include, but not be limited to, soil horizon depths, pH and range of soil
						densities for each prime farmland soil unit within the proposed permit area.
						The Department may require the applicant to provide information on other
						physical and chemical soil properties as needed to make a determination that
						the operator has the technological capability to restore the prime farmland
						within the permit area to the soil reconstruction standards of §§
												90.161 -90.165.
This section cited in 25 Pa. Code §
														90.164 (relating to prime
							 farmland: soil replacement); and 25 Pa. Code §
														90.165 (relating to prime
							 farmland: revegetation).