§ 87.181. Prime farmland: revegetation.
(a) A vegetative cover capable of stabilizing the soil surface with respect to erosion shall be established following soil replacement. Vegetation shall be in compliance with the plan approved by the Department under § 87.83 (relating to prime farmlands) and carried out in a manner that encourages prompt vegetative cover and recovery of productive capacity. The timing and mulching provisions of § § 87.148 and 87.153 (relating to revegetation: timing; and revegetation: mulching) shall be met.
(b) Within a time period specified in the permit but not to exceed 10 years after completion of backfilling and rough grading, any portion of the permit area which is prime farmland shall be restored to a condition capable of equivalent or higher levels of yields as nonmined prime farmland in surrounding areas under equivalent levels of management. When used for crops, crops may be grown in rotation with hay or pasture crops as defined for cropland. The Department may approve a crop use of perennial plants for hay when this is a common, long-term use of prime farmland soils in the surrounding area. The level of management shall be equivalent to that on which the target yields are based.
(c) Standards for determining success of restoration on prime farmlands soils shall be based upon the soil surveys and soil interpretations and the latest yield data available from the United States Department of Agriculture Natural Resources Conservation Service.
(1) If crops are grown, standards for determining success of restoration shall be based on crop yields. The current estimated yields under equivalent levels of management for each soil map unit and for each crop shall be used by the Department as the predetermined target level for determining success of revegetation. The target yields may be adjusted by the Department in consultation with the Secretary of Agriculture before approval of the permit application. The crop productivity or yield of the mined area shall be compared to the predetermined target level. As a minimum, the following standards shall be met:
(i) Average annual crop production shall be determined based upon a minimum of 3 years data. Crop production shall be measured for the 3 years immediately prior to release of bonding according to Chapter 86 Subchapter F (relating to bonding and insurance requirements).
(ii) Adjustment for weather-induced variability in the annual crop production may be permitted by the Department.
(iii) Restoration of prime farmland shall be considered a success when the adjusted 3 year average annual crop production is equivalent to, or higher than, the predetermined target level of crop production.
(2) If crops are not grown, standards for determining success of restoration shall be based on a soil survey, in addition to meeting the standards of § 87.155(b) (relating to revegetation: standards for successful revegetation). The permittee shall demonstrate to the Department that the prime farmland soil has been restored to a capability of equivalent or higher levels of yield as nonmined prime farmland of the same soil type in the surrounding area. The demonstration shall include erodability, moisture-holding capacity, permeability, depth, texture, pH and other analysis deemed relevant by the Department for determining quality of the restored soils as prime farmland.
(d) In all cases, soil productivity for prime farmlands shall be returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed under § 87.53 (relating to prime farmland investigation).
Authority The provisions of this § 87.181 amended under section 5 of The Clean Streams Law (35 P.S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.4(a) and 1396.4b); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7(b)); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 87.181 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (206860) and (383969).
Cross References This section cited in 25 Pa. Code § 86.159 (relating to self-bonding); 25 Pa. Code § 87.83 (relating to prime farmlands); 25 Pa. Code § 87.147 (relating to revegetation: general requirements); and 25 Pa. Code § 87.177 (relating to prime farmland: special requirements).
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