SECTION 460:20-49-7. Prime farmland: soil replacement  


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  •   Surface coal mining and reclamation operations on prime farmland shall be conducted according to the following:
    (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 Department 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)   Replace soil material only on land which has been first returned to final grade and scarified according to Sections 460:20-43-38 through 460:20-43-40, unless site-specific evidence is provided and approved by the Department showing that scarification will not enhance the capability of the reconstructed soil to achieve equivalent or higher levels of yield.
    (3)   Replace the soil horizons or other suitable soil material in a manner that avoids excessive compaction in accordance with Section 460:20-33-7(b)(3).
    (4)   The operator shall replace the B horizon, C horizon, or other suitable material specified in Section 460:20-49-5 (c) (2) to the thickness needed to meet the requirements of (b) of this section. 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.
    (5)   Replace the A and E horizon or other suitable soil materials specified in Section 460:2049-5 (a) (1) as the final surface soil layer. This surface soil layer shall equal or exceed the thickness of the original soil, as determined in Section 460:20-33-7(c)(1)(B), and be replaced in a manner that protects the surface layer from wind and water erosion before it is needed or planted.
    (6)   Apply nutrients and soil amendments as needed to quickly establish vegetation growth.
[Source: Amended at 12 Ok Reg 117, eff 9-29-94 through 7-14-95 (emergency); Amended at 13 Ok Reg 3495, eff 8-26-96]