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 90.97 - 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, coal refuse disposal or other surface disturbance. Any
						vegetation 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 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 of topsoil, subsoil and unconsolidated materials shall be
						removed, segregated, conserved and replaced as the final surface soil layer. If
						the topsoil and all unconsolidated material measures less than 12 inches (30.48
						centimeters), all the topsoil, subsoil and unconsolidated material shall be
						removed and the mixture segregated and redistributed as the final surface soil
						layer.
(d) On areas that have been
						previously affected by mining or coal refuse disposal activities and 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 the Department determines that either of these is necessary or
						desirable to ensure soil productivity consistent with the approved postdisposal
						land use.
(f) When approved by the
						Department, in writing, other material may be substituted or used as a
						supplement to topsoil if the operator demonstrates that the resulting soil
						medium is equal 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 §
														90.33 (relating to reclamation
							 plan); 25 Pa. Code §
														90.98 (relating to topsoil:
							 storage); 25 Pa. Code §
														90.122 (relating to coal refuse
							 disposal); 25 Pa. Code §
														90.140 (relating to haul roads and
							 access roads: restoration); and 25 Pa. Code §
														90.309 (relating to criteria and
							 schedule for release of bonds on pollution abatement
							 areas).