La. Admin. Code tit. 43 § XV-5503

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-5503 - Prime Farmland: Soil Removal

A. Surface coal mining and reclamation operations on prime farmland shall be conducted to:

1. separately remove the topsoil, or remove other suitable soil materials where such other soil materials will create a final soil having a greater productive capacity than that which exists prior to mining;

2. separately remove the B horizon of the soil, a combination of B horizon and underlying C horizon, or other suitable soil material to provide the thickness of suitable soil required by §5507. A.1 that will create a reconstructed soil of equal or greater productive capacity than that which existed before mining, except as approved by the regulatory authority where the B or C soil horizons would not otherwise be removed and where soil capabilities can be retained;

3. separately remove the underlying C horizons, other strata, or a combination of horizons or other strata to be used instead of the B horizon. When replaced, these combinations shall be equal to, or more favorable for plant growth than, the B horizon.

B. The minimum depth of soil and soil material to be removed for use in reconstruction of prime farmland soils shall be sufficient to meet the soil replacement requirements of §5507. A 1

La. Admin. Code tit. 43, § XV-5503

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 14:441 (July 1988), LR 20:447 (April 1994), LR 24:2287 (December 1998).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.