Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

25 Pa. Code § 87.97. Topsoil: removal.

§ 87.97. Topsoil: removal.

 (a)  All topsoil shall be removed from the areas to be disturbed in a separate layer prior to drilling, blasting, mining or other surface disturbance. A vegetative cover which would interfere with the removal and use of the topsoil shall be removed prior to topsoil removal.

 (b)  In the event removal of vegetative matter, topsoil or other materials may result in erosion which may cause air or water pollution, the size of the area from which topsoil is removed at any one time shall be limited and other measures shall be taken that the Department may approve or require to control erosion.

 (c)  If topsoil is less than 12 inches (30.48 centimeters), a 12-inch (30.48 centimeters) layer which includes the topsoil and the unconsolidated materials immediately below the topsoil shall be removed, segregated, conserved and replaced as the final surface soil layer. If the topsoil and the unconsolidated material measure less than 12 inches (30.48 centimeters), the topsoil and all unconsolidated material shall be removed, segregated, conserved and replaced as the final surface soil layer.

 (d)  On areas that have been previously affected by mining and which have no available topsoil or subsoil, sufficient material best suited to support vegetation shall be segregated, conserved and redistributed as the final surface layer.

 (e)  The B horizon and portions of the C horizon, or other underlying layers demonstrated to have qualities for comparable root development, shall be segregated and replaced as subsoil if either of these is necessary to ensure soil productivity consistent with the approved postmining land use.

 (f)  When approved by the Department in writing, other materials may be substituted for or used as a supplement to topsoil if the operator demonstrates that the resulting soil medium is equal to or more suitable than topsoil for sustaining vegetation and soil productivity. In making this demonstration, the Department may require chemical and physical analyses of the substituted material and topsoil. These analyses may include determinations of pH, net acidity or alkalinity, phosphorus, potassium, texture class, field site trials or greenhouse tests, or other analyses as required by the Department.

Source

   The provisions of this §  87.97 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 May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (206796) and (228241).

Cross References

   This section cited in 25 Pa. Code §  87.68 (relating to reclamation information); 25 Pa. Code §  87.98 (relating to topsoil: storage); 25 Pa. Code §  87.131 (relating to disposal of excess spoil); 25 Pa. Code §  87.166 (relating to haul roads and access roads: restoration); and 25 Pa. Code §  87.209 (relating to criteria and schedule for release of bonds on pollution abatement areas).



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