25 Pa. Code § 88.61 - Prime farmlands
(a) A
person who conducts or intends to conduct surface mining activities on prime
farmland shall submit a plan, as part of the permit application, demonstrating
the following:
(1) The land will be restored,
within a reasonable time, to equivalent or higher levels of yield as nonmined
prime farmland in the surrounding area under equivalent levels of
management.
(b) The plan
shall contain at a minimum:
(1) A soil survey
with description of soil mapping units and representative soil survey profile
under §
88.32(d)
(relating to prime farmland investigation). The soil profile description shall
include, but not be limited to, soil horizon depths, pH and range of soil
densities for each prime farmland soil unit within the proposed permit area.
The Department may require the applicant to provide information on other
physical and chemical soil properties as needed to make a determination that
the operator has the technological capability to restore the prime farmland
within the permit area.
(2) A plan
for soil reconstruction, replacement and stabilization to include:
(i) The proposed method and the type of
equipment to be used for removal, storage and replacement of the
soil.
(ii) The proposed measures to
be taken during soil reconstruction to prevent excessive compaction and to
achieve soil bulk densities which will result in the restored area being
returned to equivalent or higher levels of yield as nonmined prime farmland in
the surrounding area under equivalent levels of management.
(iii) The areas to be used for the separate
stockpiling of the soil and plans for soil stabilization before
distribution.
(3)
Scientific data, such as agricultural school studies, for areas with comparable
soils, climate and management that demonstrate that the proposed method of
reclamation, including the use of soil mixtures or substitutes will achieve,
within a reasonable time, equivalent or higher levels of yield as nonaffected
prime farmland in the surrounding area under equivalent levels of
management.
(4) The productivity
prior to mining, including the average yield of food, fiber, forage or wood
products obtained under a high level of management.
Notes
The provisions of this § 88.61 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1-1396.19a); The Clean Streams Law (35 P. S. §§ 691.1-691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
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