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 D - PERFORMANCE STANDARD FOR COAL REFUSE DISPOSAL › Section 90.165 - 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. 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.