§ 89.122. Prime farmlands.
(a) This section applies to a person who conducts or intends to conduct underground mining activities on prime farmlands historically used for cropland except for the following:
(1) A permit issued prior to August 3, 1977.
(2) A renewal or revision of a permit issued prior to August 3, 1977. For the purposes of this paragraph, ‘‘renewal’’ of a permit means a decision by the Department to extend the time by which the permittee may complete mining within the boundaries of the original permit, and ‘‘revision’’ of the permit means a decision by the Department to allow changes in the method of mining operations within the original permit area, or a decision of the Department to allow incidental boundary changes to the original permit.
(b) A person who conducts or intends to conduct underground mining activities on prime farmlands historically used for cropland, except those persons exempted under subsection (a), shall submit a plan as part of the permit application for the mining and restoration of the land. A plan shall contain, at a minimum, the following:
(1) A soil survey of the permit area according to the standards of the National Cooperative Soil Survey and in accordance with the procedures in 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 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. 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 to the soil reconstruction standards of § § 89.131—89.133 (relating to soil removal; soil stockpiling; and soil replacement).
(2) The proposed method and type of equipment to be used for removal, storage and replacement of the soil in accordance with § § 89.131—89.133.
(3) The proposed measures to be taken during soil reconstruction to prevent excessive compaction and achieve soil bulk densities which will result in the restored area returned to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management.
(4) The location of areas to be used for the separate stockpiling of the soil and plans for soil stabilization before redistribution.
(5) Documentation, if applicable, such as agricultural school studies or other scientific data from comparable areas, that supports the use of other suitable material, instead of A, B or C soil horizon, to obtain on the restored area equivalent or higher levels of yield as nonmined prime farmlands in the surrounding area under equivalent levels of management.
(6) Plans for seeding or cropping the final graded disturbed land, and the conservation practices to be used to adequately control erosion and sedimentation and restoration of an adequate soil moisture regime during the period from completion of regrading until release of the performance bond or equivalent guarantee under Chapter 86 Subchapter F (relating to bonding and insurance requirements). Proper adjustments for seasons must be proposed so that final graded land is not exposed to erosion during seasons when vegetation or conservation practices cannot be established due to weather conditions.
(7) Available agricultural school studies or other scientific data for areas with comparable soils, climate and management—including water management—that demonstrate that the proposed method of reclamation will achieve, within a reasonable time, equivalent or higher levels of yield after mining as existed before mining.
(8) Standards for determining success of revegetation on prime farmland 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. 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.
(c) Before a permit is issued for areas that include prime farmlands, the Department will consult the Natural Resources Conservation Service. The Natural Resources Conservation Service shall have the opportunity for review and comment of the proposed method of soil reconstruction in the plan submitted under subsection (b).
(d) When the underground mining activities are being conducted on prime farmland, a permit for the mining and reclamation operation may be granted by the Department, if it first finds, in writing, that:
(1) The approved postmining land use of these prime farmlands will be cropland.
(2) The applicant has the technological capability to restore the prime farmland, within a reasonable time, to equivalent or higher levels of yield as nonmined prime farmland in surrounding areas under equivalent levels of management.
(3) The proposed operations will be conducted in compliance with the requirements of § § 89.131—89.134 (relating to performance standards).
(4) The permit incorporates as specific conditions the contents of the plan submitted under subsection (b), after consideration of any revisions to the plan suggested by the Natural Resources Conservation Service under subsection (c).
(e) 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 subsection (b).
Authority The provisions of this § 89.122 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 § 89.122 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 June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (207635) to (207636) and (239677).
Cross References This section cited in 25 Pa. Code § 89.121 (relating to prime farmland investigation); 25 Pa. Code § 89.133 (relating to soil replacement); and 25 Pa. Code § 89.134 (relating to revegetation).
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