Current through Register Vol. 54, No. 44, November 2, 2024
Section 90.165 - Prime farmland: revegetation(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.(2) If crops are not grown, standards for determining success of restoration shall be based on a soil survey in addition to meeting the standards of § 90.159(b) (relating to revegetation: standards for successful revegetation). The permittee shall demonstrate to the Department that the prime farmland soil has been restored to a capability of equivalent or higher levels of yield as nonmined prime farmland of the same soil type in the surrounding area. The demonstration shall consider erodability, moisture-holding capacity, permeability, depth, texture, pH and any other factors deemed relevant by the Department for determining quality of the restored soils as prime farmland.(d) In all cases, soil productivity for prime farmlands shall be returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed under § 90.22 (relating to prime farmland investigation).The provisions of this §90.165 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; amended March 13, 2020, effective 3/14/2020, 50 Pa.B. 1508.The provisions of this §90.165 amended under section 5 of The Clean Streams Law (35 P.S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1396.4(a) and 1396.4b); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7(b)); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
This section cited in 25 Pa. Code § 86.151 (relating to period of liability); 25 Pa. Code § 86.159 (relating to self-bonding); 25 Pa. Code § 90.45 (relating to prime farmland); 25 Pa. Code § 90.122 (relating to coal refuse disposal); 25 Pa. Code § 90.125 (relating to coal refuse disposal: construction requirements); 25 Pa. Code § 90.151 (relating to revegetation: general requirements); and 25 Pa. Code § 90.161 (relating to prime farmland: special requirements).