Ill. Admin. Code tit. 62, § 1825.14 - High Capability Lands: Soil Replacement
Surface mining operations on high capability lands shall be conducted according to the following:
a) The operator shall establish a suitable
rooting medium.
1) Texture. In order to be of
suitable texture, the materials under the darkened surface soil suitable as a
root medium shall contain no more than 20% coarse material (greater than 2 mm
in size) by volume. No more than half of the coarse material may be between 3
inches and 10 inches in the greatest dimension. No fragments shall be greater
in size than 10 inches in the greatest dimension. In no case may clay material
of less than 2 microns be greater than 40% by weight of the soil size material
nor shall the sand size material of greater than 50 microns be greater than 60%
by weight of the soil size material, when clay material content is less than
20% by weight.
A) Rapid weathering coarse
material, as determined by the Department, may be included in the root medium.
If these fragments are allowed, they shall be included in the soil fraction for
texture determination and shall not be included in the coarse fragment portion
of texture evaluation.
B) These
texture requirements do not apply if the soil conditions of the affected land
prior to mining did not meet the standards included herein (i.e., if more than
20% coarse material by volume existed in the root medium below the darkened
surface soil prior to mining, the same percentage or coarse material in the
root medium will be allowed after mining; if more than 1/2 of the coarse
material consisted of rocks in the 3 to 10 inch size category prior to mining,
the same percentage will be permitted after mining; and if more than 40% by
weight of clay materials is less than 2 microns in size; and if more than 60%
by weight of sand when clay material content is less than 20% by weight existed
in the root medium below the darkened surface soil prior to mining, a like
percentage by weight will be allowed after mining in the material under the
darkened surface soil).
2) Chemical Properties. The materials under
the darkened surface soil must be chemically suitable as an agricultural root
medium. Toxic material capable of producing chemically unsuitable conditions
shall not be incorporated within the material used to create the root zone
established for these lands.
3)
Depth. The combined vertical thickness of the darkened surface soil and the
agricultural root medium must be at least 4 feet in all cases, except where a
natural rock formation occurs at shallower depths. In such case, the operator
shall create a root medium of equivalent thickness to its pre-mining
condition.
4) The darkened surface
soil shall be replaced as the final earth cover on high capability
lands.
5) Location of texture
compliance samples will be determined by random methods. Texture analysis shall
be determined by methods specified by the Department.
b) The Department may alter the texture
requirements under this Part only upon a clear and convincing showing that to
vary such requirement would better effectuate the purposes of the Act than
would enforcing the standards in this Part.
c) The affected land shall be graded to the
approximate original contour of the land prior to mining. For the purpose of
this Part, the slope classification of lands before mining are those lettered
ranges developed by the U.S. Department of Agriculture, Natural Resources
Conservation Service for use in preparing a soil survey of the area.
d) Approximate original contour means grading
of affected lands to a slope no greater than the maximum percent of the
pre-mining slope range of the individual soil map units.
e) Compaction.
1) The agricultural root medium described in
subsection (a) shall be replaced and regraded to a uniform depth over the
regraded spoil material in a manner that avoids excessive compaction or a
compaction alleviation plan shall be provided. Excessive compaction is
indicated by:
A) Very firm, massive soil
physical condition in any layer above the rooting medium depth required by
subsection (a)(3) that has one-half or more of the soil volume in masses 10
inches or more in diameter that are not exploited by the root system;
B) Roots restricted to a depth less than the
required rooting medium depth;
C)
Confinement of roots to matrix desication cracks;
D) Flattened roots; or
E) Other diagnostic methods approved by the
Department, in consultation with the Illinois Department of Agriculture and the
U.S. Department of Agriculture, Natural Resources Conservation
Service.
2) Compaction
alleviation is required unless the permittee can demonstrate that root system
development at similar depths in undisturbed soils typical of the mined area is
no better than that observed in the reconstructed soil or if the permittee can
demonstrate that the requirements of 62 Ill. Adm. Code
1816.116(a)(3)(C)
have been or could be met without compaction alleviation on areas reclaimed in
a similar manner. However, the requirements of 62 Ill. Adm. Code
1816.116
or
1816.117
must still be met. The Department shall retain sufficient bond at the time of
Phase II bond release if it determines that compaction alleviation may be
needed to achieve the revegetation success requirements.
3) After approval of texture by the
Department, the darkened surface soil shall be redistributed and graded to a
uniform depth without excessive compaction over the replaced and regraded
agricultural root medium.
f) High capability lands shall have a planned
erosion control system if expected soil loss from row crop production will
exceed the tolerable soil loss limits as defined by "Resource Conservation
Planning Technical Material-IL-4" and subsequent revisions or modifications.
Terrace systems, when utilized as part of a planned erosion control system,
shall be constructed according to U.S. Department of Agriculture, Natural
Resources Conservation Service specifications. Erosion control plans in
compliance with this subsection shall be submitted to and approved by the
Department prior to the completion of the final grading of an areas, or on a
time schedule approved by the Department after final grading based on seasonal
factors, the extent of the area, and the sophistication of the erosion control
plan.
g) Slopes of all affected
lands shall be measured from the drainage divide to the base of the slope or to
the intermittent water course at the lowest point. Abrupt slope changes between
these points are not acceptable except for unusual conditions such as ditches,
terraces, and roads.
h) The length
of slope and contour of the restored surface shall be conducive to those
farming operations normally associated with row crop production. Farming
operations as used here shall include such measures or practices necessary to
provide adequate drainage and erosion control for sustained row crop
production.
Notes
Amended at 26 Ill. Reg. 4288, effective March 6, 2002
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