11 Miss. Code R. § 8-2.5-55-5505

Current through January 14, 2025

Section 11-8-2.5-55-5505 - Prime Farmland: Soil Replacement

Surface coal mining and reclamation operations on prime farmland shall be conducted according to the following:

(a) The minimum depth of soil and substitute soil material to be reconstructed shall be 48 inches, or a lesser depth equal to the depth to a subsurface horizon in the natural soil that inhibits or prevents root penetration, or a greater depth if determined necessary to restore the original soil productive capacity. Soil horizons shall be considered as inhibiting or preventing root penetration if their physical or chemical properties or water-supplying capacities cause them to restrict or prevent penetration by roots of plants common to the vicinity of the permit area and if these properties or capacities have little or no beneficial effect on soil productivity capacity.

(b) Replace soil material only on land which has been first returned to final grade and scarified according to §§ 5389-5395 unless site-specific evidence is provided and approved by the Permit Board showing that scarification will not enhance the capability of the reconstructed soil to achieve equivalent or higher levels of yield.

(c) Replace and regrade the soil horizons or other suitable soil material with proper compaction and uniform depth.

(d) Replace the B horizon, C horizon, or other suitable material specified in § 5503 (c) to the thickness needed to meet the requirements of § 5505 (a). In those areas where the B or C horizons were not removed but may have been compacted or otherwise damaged during the mining operation, the operator shall engage in deep tilling or other appropriate means to restore pre-mining capabilities.

(e) The operator shall replace the topsoil or other suitable soil materials specified in § 5503 (c) (1) as the final surface soil layer. This surface soil layer shall equal or exceed the thickness of the original surface soil layer, as determined by the soil survey.

(f) Apply nutrients and soil amendments as needed to quickly establish vegetative growth.

11 Miss. Code. R. § 8-2.5-55-5505