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 87.97 - Topsoil: removal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All topsoil
						shall be removed from the areas to be disturbed in a separate layer prior to
						drilling, blasting, mining or other surface disturbance. A vegetative cover
						which would interfere with the removal and use of the topsoil shall be removed
						prior to topsoil removal.
(b) In
						the event removal of vegetative matter, topsoil or other materials may result
						in erosion which may cause air or water pollution, the size of the area from
						which topsoil is removed at any one time shall be limited and other measures
						shall be taken that the Department may approve or require to control
						erosion.
(c) If topsoil is less
						than 12 inches (30.48 centimeters), a 12-inch (30.48 centimeters) layer which
						includes the topsoil and the unconsolidated materials immediately below the
						topsoil shall be removed, segregated, conserved and replaced as the final
						surface soil layer. If the topsoil and the unconsolidated material measure less
						than 12 inches (30.48 centimeters), the topsoil and all unconsolidated material
						shall be removed, segregated, conserved and replaced as the final surface soil
						layer.
(d) On areas that have been
						previously affected by mining and which have no available topsoil or subsoil,
						sufficient material best suited to support vegetation shall be segregated,
						conserved and redistributed as the final surface layer.
(e) The B horizon and portions of the C
						horizon, or other underlying layers demonstrated to have qualities for
						comparable root development, shall be segregated and replaced as subsoil if
						either of these is necessary to ensure soil productivity consistent with the
						approved postmining land use.
(f)
						When approved by the Department in writing, other materials may be substituted
						for or used as a supplement to topsoil if the operator demonstrates that the
						resulting soil medium is equal to or more suitable than topsoil for sustaining
						vegetation and soil productivity. In making this demonstration, the Department
						may require chemical and physical analyses of the substituted material and
						topsoil. These analyses may include determinations of pH, net acidity or
						alkalinity, phosphorus, potassium, texture class, field site trials or
						greenhouse tests, or other analyses as required by the Department.
This section cited in 25 Pa. Code §
														87.68 (relating to reclamation
							 information); 25 Pa. Code §
														87.98 (relating to topsoil:
							 storage); 25 Pa. Code §
														87.131 (relating to disposal of
							 excess spoil); 25 Pa. Code §
														87.166 (relating to haul roads and
							 access roads: restoration); and 25 Pa. Code §
														87.209 (relating to criteria and
							 schedule for release of bonds on pollution abatement
							 areas).