SECTION 460:20-49-4. Prime farmland: special requirements

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

(1)   A permit shall be obtained for those operations under Section 460:20-33-7.

(2)   Soil materials to be used in the reconstruction of prime farmland shall be removed before drilling, blasting, or mining, in accordance with Section 460:20-49-5 and in a manner that prevents mixing or contaminating these materials with undesirable material. Where removal of soil materials results in erosion that may cause air and water pollution, the Department shall specify methods to control erosion of exposed overburden.

(3)   Revegetation success on prime farmlands shall be measured upon a finding by the Department that equivalent or higher levels of yield as non-mined prime farmland in the surrounding area has been achieved in accordance with 45 O.S. Supp. 1980, Section 757.

(4)   The requirements of this subchapter shall not apply to disposal areas containing coal mine waste resulting from underground mines that is not technologically and economically feasible to store in underground mines or on non-prime farmland. The operator shall minimize the area of prime farmland used for such purposes.