a) Removal.
1) All topsoil shall be removed as a separate
layer from the area to be disturbed, and segregated. Where topsoil is of
insufficient quantity or poor quality for sustaining vegetation, the materials
approved by the Department in accordance with subsection (b) shall be removed
as a separate layer from the area to be disturbed, and segregated.
2) If topsoil is less than 6 inches thick and
no substitutes or supplements are approved in accordance with subsection (b),
the operator shall remove a 6 inch layer that includes the A horizon and the
unconsolidated materials immediately below or the A horizon and all
unconsolidated material if the total available is less than 6 inches and treat
the mixture as topsoil.
3) The
Department shall not require the removal of topsoil for minor disturbances
which:
A) Occur at the site of small
structures, such as power poles, signs, fence lines or markers; or
B) Will not destroy the existing vegetation,
will not cause erosion and will not degrade the quality or limit the future use
of the soil.
4) All
material to be removed under this Section shall be removed after the vegetative
cover that would interfere with its salvage is cleared from the area to be
disturbed, but before any drilling, blasting or mining or other surface
disturbance takes place.
b) Substitutes and supplements.
Selected overburden materials may be substituted for, or used
as a supplement to, topsoil if the operator demonstrates to the Department that
the resulting soil medium is equal to, or more suitable for, sustaining
vegetation than the existing topsoil, and the resulting soil medium is the best
available in the permit area to support revegetation. The demonstration shall
be based upon the information requirements of 62 Ill. Adm. Code
1784.13(b)(4).
c) Storage.
1) Materials removed under subsection (a) if
not redistributed immediately shall be segregated and stockpiled.
2) Stockpiled materials shall:
A) Be selectively placed on a stable site
within the permit area;
B) Be
protected from contaminants and unnecessary compaction that would interfere
with revegetation;
C) Be protected
from wind and water erosion through prompt establishment and maintenance of an
effective, quick growing vegetative cover or through other measures equally
effective in controlling erosion approved by the Department; and
D) Not be moved until required for
redistribution unless approved by the Department.
3) Where long-term surface disturbances will
result from facilities such as support facilities and preparation plants and
where stockpiling of materials removed under subsection (a)(1) would be
detrimental to the quality or quantity of those materials, the Department shall
approve the temporary distribution of the soil materials so removed to an
approved site within the permit area to enhance the current use of that site
until needed for later reclamation provided that:
A) Such action will not permanently diminish
the capability of the topsoil of the host site; and
B) The material will be retained in a
condition more suitable for redistribution than if stockpiled.
d) Redistribution.
1) Topsoil materials and topsoil substitutes
and supplements removed under subsections (a) and (b) shall be redistributed in
a manner that:
A) Achieves an approximate,
uniform, stable thickness when consistent with the approved post-mining land
use, contours and surface water drainage systems. Soil thickness may also be
varied to the extent such variations help meet the specific revegetation goals
identified in the permit;
B)
Prevents excess compaction of the materials; and
C) Protects the materials from wind and water
erosion and contamination before and after seeding and planting.
2) Before redistribution of the
material removed under subsection (a) the regraded land shall be treated if
necessary to reduce potential slippage of the redistributed material and to
promote root penetration. If no harm will be caused to the redistributed
material and reestablished vegetation such treatment may be conducted after
such material is replaced.
3) The
Department shall not require the redistribution of topsoil or topsoil
substitutes on the approved post-mining embankments of permanent impoundments
or of roads if it determines that:
A)
Placement of topsoil or topsoil substitutes on such embankments is inconsistent
with the requirement to use the best technology currently available to prevent
sedimentation; and
B) Such
embankments will otherwise be stabilized.
4) Nutrients and soil amendments shall be
applied to the initially redistributed material when necessary to establish the
required vegetative cover.
e) Subsoil segregation.
The Department shall require that the B horizon, C horizon or
other underlying strata, or portions thereof, be removed and segregated,
stockpiled, and redistributed as subsoil in accordance with subsections (c) and
(d) if it finds that such subsoil layers are necessary to comply with the
revegetation requirements of Sections
1817.111,
1817.113,
1817.114,
1817.116 and
1817.117.
