(a)
The applicant shall conduct a preapplication investigation of the area proposed
to be affected by coal refuse disposal activities to determine whether lands
within the area may be prime farmland.
(b) Land will not be considered prime
farmland when the applicant can demonstrate one or more of the following:
(1) The land has not been historically used
as cropland.
(2) Other factors
exist, such as a very rocky surface, or the land is flooded during the growing
season more than once in 2 years and the flooding has reduced crop
yields.
(3) The slope of the land
is 10% or greater.
(4) The land is
not irrigated or naturally subirrigated.
(5) There are no soil map units that have
been designated prime farmland by the United States Natural Resources
Conservation Service, on the basis of a soil survey of the lands proposed to be
affected by coal refuse disposal activities.
(c) If the investigation establishes that the
lands are not prime farmland, the applicant shall submit with the permit
application a request for a negative determination which shows that the land
for which the negative determination is sought meets one or more of the
criteria in subsection (b).
(d) If
the investigation indicates that lands within the proposed area to be affected
by coal refuse disposal activities may be prime farmlands, the applicant shall
contact the United States Natural Resources Conservation Service to determine
if these lands have a soil survey and whether the applicable soil map units
have been designated prime farmlands. If a soil survey has not been made for
these lands, the applicant shall cause a survey to be made.
(1) When a soil survey as required in this
subsection contains soil map units which have been designated as prime
farmlands, the applicant shall submit a soil survey of the proposed permit area
according to the standards of the National Cooperative Soil Survey and in
accordance with the procedures in the United States Department of
Agriculture Handbooks 436 (Soil Taxonomy, 1975) and 18 (Soil Survey Manual,
1951). The soil survey shall include a map unit and representative
soil profile description as determined by the United States Natural Resources
Conservation Service for each prime farmland soil within the proposed permit
area, unless other representative descriptions from the locality, prepared in
conjunction with the National Cooperative Soil Survey, are available and their
use is approved by the State Conservationist, United States Natural Resources
Conservation Service.
(2) When a
soil survey as required in this subsection contains soil map units which have
not been designated, after review by the United States Natural Resources
Conservation Service, as prime farmland, the applicant shall submit a request
for negative determination for nondesignated land with the permit application
establishing compliance with subsection (b).