Current through Register Vol. 54, No. 44, November 2, 2024
Section 90.97 - Topsoil: removal(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.The provisions of this §90.97 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 May 8, 1998, effective 5/9/1998, 28 Pa.B. 2227. 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).