Ill. Admin. Code tit. 62, § 1823.15 - Prime Farmland: Revegetation
Each person who conducts surface coal mining and reclamation operations on prime farmland regardless of whether such land has been drilled, blasted, or mined, shall meet the following revegetation requirements during reclamation:
a) Following soil
replacement, that person shall establish a vegetative cover capable of
stabilizing the soil surface with respect to erosion. All vegetation shall be
in compliance with the plan approved by the Department under 62 Ill. Adm. Code
1785.17 and
carried out in a manner that encourages prompt vegetative cover and recovery of
productive capacity. The timing and mulching provisions of 62 Ill. Adm. Code
1816.113 and
1816.114
or 62 Ill. Adm. Code
1817.113 and
1817.114
shall be met.
b) Measurement of
success of prime farmland revegetation shall be conducted in accordance with
the following provisions:
1) Measurement of
success of revegetation shall be initiated within 10 years after completion of
backfilling and final grading of areas of prime farmland in accordance with the
approved reclamation plan.
2)
Success of revegetation shall be measured in accordance with 62 Ill. Adm. Code
1816.116(a)(4)
or (a)(6).
3) Revegetation shall be considered a success
when crop production is equivalent to or exceeds the production required in 62
Ill. Adm. Code
1816.116(a)(4)
or (a)(6), with 90 percent statistical
confidence (i.e., one-sided t test with 0.10 alpha error) for a minimum of 3
crop years of a 10 year period, except the first year after augmented seeding,
fertilizing, or other management practices, prior to release of the operator's
performance bond. The level of management applied during the measurement period
shall be the same as the level of management used on nonmined prime farmland in
the surrounding area. The 5 year period of extended responsibility shall begin
after the last year of augmented seeding, fertilizing or soil treatment and at
the time of the planting of the crops to be grown for the productivity showing.
Once chosen by the permittee, the productivity alternative in 62 Ill. Adm. Code
1816.116(a)(6)
may not be modified without approval from
the Department.
4) Compliance with
this subsection shall not preclude a permittee from demonstrating the required
soil productivity under the law by use of soil surveys or other techniques
approved consistent with future regulations.
Notes
Amended at 29 Ill. Reg. 9849, effective June 27, 2005
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