Md. Code Regs. 26.20.24.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.20.24.02 - Operations on Prime Farmland

Surface coal mining and reclamation operations conducted on prime farmland shall meet the following requirements:

A. Soil materials to be used in the reconstruction of prime farmland shall be removed before drilling, blasting, or mining, in a manner that prevents mixing or contamination with undesirable material. The minimum depth of soil and soil material to be removed for use in reconstruction of prime farmland soils shall be sufficient to meet the soil replacement requirements. If removal of soil materials results in erosion that may cause air and water pollution, the Bureau shall specify methods to control erosion of exposed overburden. Operations shall be conducted so as to separately remove the:

(1) Topsoil or other suitable materials when the other soil materials which will create a final soil having an equal or greater productive capacity than that which existed before mining;

(2) "B" horizon of the soil, a combination of "B" horizon and underlying "C" horizon, or other suitable soil material that will create a reconstructed soil of equal or greater productive capacity than that which existed before mining;

(3) Underlying "C" horizons, other strata, or a combination of horizons or other strata, to be used instead of the "B" horizon; when replaced, these combinations shall be equal to, or more favorable for plant growth than, the "B" horizon.

B. If not utilized immediately, the topsoil or other suitable soil materials, the "B" horizon or other suitable materials, and the "C" horizon or other suitable soil materials, shall be stored separately from each other and from spoil. These stockpiles shall be placed within the permit area so they are not disturbed or exposed to excessive water or wind erosion before the stockpiles horizons can be redistributed. Stockpiles in place for more than 30 days shall meet the requirements for topsoil storage.

C. Soil Replacement.

(1) The minimum depth of soil and soil material to be reconstructed for prime farmland shall be 48 inches, or a depth equal to the depth of a subsurface horizon in the natural soil that inhibits root penetration, whichever is shallower. The Bureau shall specify a depth greater than 48 inches wherever necessary to restore productive capacity due to uniquely favorable soil horizons at greater depths. Soil horizons shall be considered as inhibiting root penetration if their densities, chemical properties, or water-supplying capacities restrict or prevent penetration by roots of plants common to the vicinity of the permit area, and have little or no beneficial effect on soil productive capacity.

(2) Soil material may be replaced only on land which has been first returned to final grade, and scarified, unless site-specific evidence is provided and approved by the Bureau showing that scarification will not enhance the capability of the reconstructed soil to achieve equivalent or higher levels of yield.

(3) Replacement of the soil horizons or other suitable soil material shall be in a manner that avoids excessive compaction.

(4) The "B" horizon or other suitable material shall be replaced to the thickness needed to meet the requirements of §C(1) of this regulation.

(5) The "A" horizon or other suitable soil materials shall be replaced as the final surface soil layer. This surface soil layer shall equal or exceed the thickness of the original soil, and be replaced in a manner that protects the surface layer from wind and water erosion before it is seeded or planted.

(6) Nutrients and soil amendments shall be applied as needed to quickly establish vegetation growth.

D. Revegetation.

(1) Following soil replacement, a vegetative cover shall be established which is capable of stabilizing the soil surface with respect to erosion. All vegetation shall be carried out in a manner that encourages prompt vegetation cover and the recovery of productive capacity.

(2) Prime farmland soil productivity shall be restored in accordance with the following provisions:

(a) Measurement of soil productivity shall be initiated within 10 years after completion of soil replacement.

(b) Soil productivity shall be measured on a representative sample or on all of the mined and reclaimed prime farmland area using the reference crop determined under §D(2)(f) of this regulation. A statistically valid sampling technique at a 90 percent or greater statistical confidence level shall be used as approved by the Regulatory Authority in consultation with the U.S. Soil Conservation Service.

(c) The measurement period for determining average annual crop production (yield) shall be a minimum of 3 crop years before release of the operator's performance bond.

(d) The level of management applied during the measurement period shall be the same as the level of management used on nonmined prime farmland in the surrounding area.

(e) Restoration of soil productivity shall be considered achieved when the average yield during the measurement period equals or exceeds the average yield of the reference crop established for the same period for non-mined soils of the same or similar texture or slope phase of the soil series in the surrounding area under equivalent management practices.

(f) The reference crop on which restoration of soil productivity is proven shall be selected from the crops most commonly produced on the surrounding prime farmland. When row crops are the dominant crops grown on prime farmland in the area, the row crop requiring the greatest rooting depth shall be chosen as one of the reference crops.

E. Reference crop yields for a given group season are to be determined from the:

(1) Current yield records of representative local farms in the surrounding area, with concurrence by the U.S. Soil Conservation Service; or

(2) Average county yields recognized by the U.S. Department of Agriculture, which have been adjusted by the U.S. Soil Conservation Service for local yield variation within the county that is associated with differences between non-mined prime farmland soil and all other soils that produce the reference crop.

F. Under the procedures in §E(1) or (2) of this regulation, the average reference crop yield may be adjusted with the concurrence of the U.S. Soil Conservation Service for:

(1) Disease, pest, and weather-induced seasonal variations; or

(2) Difference in specific management practices when the overall management practices of the crops being compared are equivalent.

Md. Code Regs. 26.20.24.02

Regulations .02 were previously codified as COMAR 08.13.09.28 a A_G, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.