Oklahoma Administrative Code
Title 460 - Department of Mines
Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979
Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards
Section 460:20-43-7 - Topsoil and subsoil
Universal Citation: OK Admin Code 460:20-43-7
Current through Vol. 42, No. 1, September 16, 2024
(a) Removal.
(1) All topsoil must be
removed a minimum of 60 feet or one pit width (whichever is less) in advance of
the active pit unless a different distance is determined by the Department.
(A) All topsoil shall be removed as a
separate layer from the area to be disturbed, and segregated.
(B) Where the topsoil is of insufficient
quantity or poor quality for sustaining vegetation, the materials approved by
the Department in accordance with (b) of this Section shall be removed as a
separate layer from the area to be disturbed, and segregated.
(2) If topsoil is less than 6
inches thick, the operator may remove the topsoil and the unconsolidated
materials immediately below the topsoil and treat the mixture as
topsoil.
(3) The Department may
choose not to require the removal of topsoil for minor disturbances which:
(A) Occur at the site of small structures,
such as power poles, signs, or fence lines; or
(B) Will not destroy the existing vegetation
and will not cause erosion.
(4)
Timing. All material to be
removed under this Chapter shall be removed after the vegetative cover that
would interfere with its salvage is cleared from the area to be disturbed, but
before any drilling, blasting, mining, or other surface disturbance takes
place.
(b) Substitutes and supplements. Selected overburden materials may be substituted for, or used as a supplement to topsoil if the operator demonstrates to the Department that the resulting soil medium is equal to, or more suitable for , sustaining vegetation than the existing topsoil, and the resulting soil medium is the best available in the permit area to support revegetation.
(c) Storage.
(1) Materials removed
under Subsection (a) of this Section shall be segregated and stockpiled when it
is impractical to redistribute such materials promptly on regarded
areas.
(2) Stockpiled materials
shall:
(A) Be selectively placed on a stable
site within the permit area;
(B) Be
protected from contaminants and unnecessary compaction that would interfere
with revegetation;
(C) Be protected
from wind and water erosion through prompt establishment and maintenance of an
effective, quick growing vegetative cover or through other measures approved by
the Department; and
(D) Not be
moved until required for redistribution unless approved by the
Department.
(3) Where
long-term surface disturbances will result from facilities such as support
facilities and preparation plants and where stockpiling of materials removed
under (a) (1) of this Section would be detrimental to the quality or quantity
of those materials, the Department may approve the temporary distribution of
the soil materials so removed to an approved site within the permit area to
enhance the current use of that site until needed for later reclamation,
provided that:
(A) Such action will not
permanently diminish the capability of the topsoil of the host site;
and
(B) The material will be
retained in a condition more suitable for redistribution than if
stockpiled.
(d) Redistribution.
(1) Topsoil materials removed under
Subsection (a) of this Section shall be redistributed in a manner that:
(A) Achieves an approximately uniform, stable
thickness consistent with the approved postmining land use, contours, and
surface-water drainage systems;
(B)
Prevents excess compaction of the materials; and
(C) Protects the materials from wind and
water erosion before and after seeding and planting.
(2) Before redistribution of the material
removed under Subsection(a) of this Section, the regraded land shall be treated
, if necessary , to reduce potential slippage of the redistributed material and
to promote root penetration. If no harm will be caused to the redistributed
material and reestablished vegetation, such treatment may be conducted after
such material is replaced.
(3) The
Department may choose not to require the redistribution of topsoil or topsoil
substitutes on the approved postmining embankments of permanent impoundments or
of roads if it determines that:
(A) Placement
of topsoil or topsoil substitutes on such embankments is inconsistent with the
requirement to use the best technology currently availableto prevent
sedimentation, and
(B) Such
embankments will be otherwise stabilized.
(4)
Nutrients and soil
amendments. Nutrients and soil amendments shall be applied to the
initially redistributed material when necessary to establish the vegetative
cover.
(e) Subsoil segregation. The Department may require that the B horizon, C horizon, or other underlying strata, or portions thereof, be removed and segregated, stockpiled, and redistributed as subsoil in accordance with the requirements of Subsection(c) and (d) of this Section if it finds that such subsoil layers are necessary to comply with the revegetation requirements of Sections 460:20-43-43, 460:20-43-44, 460:20-43-45 and 460:20-43-46.
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