Current through Register Vol. 54, No. 44, November 2, 2024
Section 90.164 - Prime farmland: soil replacement(a) The minimum depth of soil and soil material to be reconstructed for prime farmland shall be 48 inches, or a depth equal to the depth of a subsurface horizon in the natural soil that inhibits root penetration, whichever is shallower. The Department may specify a depth greater than 48 inches, whenever necessary to restore productive capacity due to uniquely favorable soil horizons at greater depths. Soil horizons shall be considered as inhibiting root penetration if their densities, chemical properties or water-supplying capacities restrict or prevent penetration by roots of plants common to the vicinity of the permit area and have little or no beneficial effect on soil productive capacity.(b) Soil material shall be replaced only on land which has been first returned to final grade and scarified according to § 90.122 (relating to coal refuse disposal), unless site-specific evidence is provided to and approved by the Department showing that scarification will not enhance the capability of the reconstructed soil to achieve equivalent or higher levels of yield.(c) The soil horizons or other suitable soil material shall be replaced in a manner that avoids excessive compaction and creates a reconstructed soil of equal or greater productive capacity than that which existed before mining.(d) The B horizon or other suitable material specified in § 90.162(c) and (d) (relating to prime farmland: soil removal) shall be replaced to the thickness needed to meet the requirements of subsection (a).(e) The A horizon specified in § 90.162(b) shall be replaced as the final surface soil layer. This surface soil layer shall equal or exceed the thickness of the original soil, as determined in § 90.45 (relating to prime farmland), and be replaced in a manner that protects the surface layer from wind and water erosion before it is seeded or planted.(f) Nutrients and soil amendments shall be applied as needed to quickly establish vegetative growth.The provisions of this §90.164 adopted December 19, 1980, 10 Pa.B. 4789, effective 7/31/1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective 7/31/1982, 12 Pa.B. 2382. This section cited in 25 Pa. Code § 86.159 (relating to self-bonding); 25 Pa. Code § 90.45 (relating to prime farmland); 25 Pa. Code § 90.125 (relating to coal refuse disposal: construction requirements); 25 Pa. Code § 90.151 (relating to revegetation: general requirements); 25 Pa. Code § 90.161 (relating to prime farmland: special requirements); and 25 Pa. Code § 90.162 (relating to prime farmland: soil removal).