Current through Bulletin 2024-18, September 15, 2024
The regulations in R645-301-200 present the minimum
requirements for information on soil resources which will be included in each
permit application.
211. The applicant
will present a description of the premining soil resources as specified under
R645-301-221. Topsoil and subsoil to be saved under R645-301-232 will be
separately removed and segregated from other material.
212. After removal, topsoil will be
immediately redistributed in accordance with R645-301-242, stockpiled pending
redistribution under R645-301-234, or if demonstrated that an alternative
procedure will provide equal or more protection for the topsoil, the Division
may, on a case-by-case basis, approve an alternative.
220. Environmental Description.
221. Prime Farmland Investigation. All permit
applications, whether or not Prime Farmland is present, will include the
results of a reconnaissance inspection of the proposed permit area to indicate
whether Prime Farmland exists as given under R645-302-313.
222. Soil Survey. The applicant will provide
adequate soil survey information for those portions of the permit area to be
affected by surface operations incident to UNDERGROUND COAL MINING and
RECLAMATION ACTIVITIES and for the permit area of SURFACE COAL MINING and
RECLAMATION ACTIVITIES consisting of the following:
222.100. A map delineating different
soils;
222.200. Soil
identification;
222.300. Soil
description; and
222.400. Present
and potential productivity of existing soils.
223. Soil Characterization. The survey will
meet the standards of the National Cooperative Soil Survey as incorporated by
reference in R645-302-314.100.
224.
Substitute Topsoil. Where the applicant proposes to use selected overburden
materials as a supplement or substitute for topsoil, the application will
include results of analyses, trials, and tests as described under
R645-301-232.100 through R645-301-232.600, R645-301-234, R645-301-242, and
R645-301-243. The Division may also require the results of field-site trials or
greenhouse tests as required under R645-301-233.
231. General Requirements. Each permit
application will include a:
231.100.
Description of the methods for removing and storing topsoil, subsoil, and other
materials;
231.200. Demonstration
of the suitability of topsoil substitutes or supplements;
231.300. Testing plan for evaluating the
results of topsoil handling and reclamation procedures related to revegetation;
and
231.400. Narrative that
describes the construction, modification, use and maintenance of topsoil
handling and storage areas.
232. Topsoil and Subsoil Removal.
232.100. All topsoil will be removed as a
separate layer from the area to be disturbed, and segregated.
232.200. Where the topsoil is of insufficient
quantity or poor quality for sustaining vegetation, the materials approved by
the Division in accordance with R645-301-233.100 will be removed as a separate
layer from the area to be disturbed, and segregated.
232.300. If topsoil is less than six inches
thick, the operator may remove the topsoil and the unconsolidated materials
immediately below the topsoil and treat the mixture as topsoil.
232.400. The Division may not require the
removal of topsoil for minor disturbances which:
232.410. Occur at the site of small
structures, such as power poles, signs, or fence lines; or
232.420. Will not destroy the existing
vegetation and will not cause erosion.
232.500. Subsoil Segregation. The Division
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 R645-301-234 and R645-301-242 if
it finds that such subsoil layers are necessary to comply with the revegetation
requirements of R645-301-353 through R645-301-357.
232.600. Timing. All material to be removed
under R645-301-232 will 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.
232.700. Topsoil and subsoil
removal under adverse conditions. An exception to the requirements of
R645-301-232 to remove topsoil or subsoils in a separate layer from an area to
be disturbed by surface operations may be granted by the Division where the
operator can demonstrate;
232.710.
The removal of soils in a separate layer from the area by the use of
conventional machines would be unsafe or impractical because of the slope or
other condition of the terrain or because of the rockiness or limited depth of
the soils; and
232.720. That the
requirements of R645-301-233 have been or will be fulfilled with regard to the
use of substitute soil materials unless no available substitute material can be
made suitable for achieving the revegetation standards of R645-301-356, in
which event the operator will, as a condition of the permit, be required to
import soil material of the quality and quantity necessary to achieve such
revegetation standards.
233. Topsoil Substitutes and Supplements.
233.100. Selected overburden materials may be
substituted for, or used as a supplement to topsoil if the operator
demonstrates to the Division that the resulting soil medium is equal to, or
more suitable for sustaining vegetation on nonprime farmland areas than the
existing topsoil, has a greater productive capacity than that which existed
prior to mining for prime farmland reconstruction, and results in a soil medium
that is the best available in the permit area to support
revegetation.
233.200. The
suitability of topsoil substitutes and supplements will be determined on the
basis of analysis of the thickness of soil horizons, total depth, texture,
percent coarse fragments, pH, and areal extent of the different kinds of soils.
The Division may require other chemical and physical analyses, field-site
trials, or greenhouse tests if determined to be necessary or desirable to
demonstrate the suitability of topsoil substitutes or supplements.
233.300. Results of physical and chemical
analyses of overburden and topsoil to demonstrate that the resulting soil
medium is equal to or more suitable for sustaining revegetation than the
available topsoil, provided that field-site trials, and greenhouse tests are
certified by an approved laboratory in accordance with any one or a combination
of the following sources:
233.310.
NRCS published data based on established soil series;
233.320. NRCS Technical Guides;
233.330. State agricultural agency,
university, Tennessee Valley Authority, Bureau of Land Management of U.S.
Department of Agriculture Forest Service published data based on soil series
properties and behavior; or
233.340. Results of physical and chemical
analyses, field-site trials, or greenhouse tests of the topsoil and overburden
materials (soil series) from the permit area.
233.400. If the operator demonstrates through
soil survey or other data that the topsoil and unconsolidated material are
insufficient and substitute materials will be used, only the substitute
materials must be analyzed in accordance with
R645-301-233.300.
234.
Topsoil Storage.
234.100. Materials removed
under R645-301-232.100, R645-301-232.200, and R645-301-232.300 will be
segregated and stockpiled when it is impractical to redistribute such materials
promptly on regraded areas.
234.200. Stockpiled materials will:
234.210. Be selectively placed on a stable
site within the permit area;
234.220. Be protected from contaminants and
unnecessary compaction that would interfere with revegetation;
234.230. 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 Division;
and
234.240. Not be moved until
required for redistribution unless approved by the Division.
234.300. Where long-term disturbed areas will
result from facilities and preparation plants and where stockpiling of
materials removed under R645-301-232.100 would be detrimental to the quality or
quantity of those materials, the Division 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:
234.310. Such action will not permanently
diminish the capability of the topsoil of the host site; and
234.320. The material will be retained in a
condition more suitable for redistribution than if
stockpiled.
241. General
Requirements. Each permit application will include plans for redistribution of
soils, use of soil nutrients and amendments and stabilization of
soils.
242. Soil Redistribution.
242.100. Topsoil materials removed under
R645-301-232.100, R645-301-232.200, and R645-301-232.300 and stored under
R645-301-234 will be redistributed in a manner that:
242.110. Achieves an approximately uniform,
stable thickness consistent with the approved postmining land use, contours,
and surface-water drainage systems;
242.120. Prevents excess compaction of the
materials; and
242.130. Protects
the materials from wind and water erosion before and after seeding and
planting.
242.200. Before
redistribution of the materials removed under R645-301-232 the regraded land
will 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.
242.300. The Division may not require the
redistribution of topsoil or topsoil substitutes on the approved postmining
embankments of permanent impoundments or roads if it determines that:
242.310. Placement of topsoil or topsoil
substitutes on such embankments is inconsistent with the requirement to use the
best technology currently available to prevent sedimentation, and
242.320. Such embankments will be otherwise
stabilized.
243. Soil
Nutrients and Amendments. Nutrients and soil amendments will be applied to the
initially redistributed material when necessary to establish the vegetative
cover.
244. Soil Stabilization.
244.100. All exposed surface areas will be
protected and stabilized to effectively control erosion and air pollution
attendant to erosion.
244.200.
Suitable mulch and other soil stabilizing practices will be used on all areas
that have been regraded and covered by topsoil or topsoil substitutes. The
Division may waive this requirement if seasonal, soil, or slope factors result
in a condition where mulch and other soil stabilizing practices are not
necessary to control erosion and to promptly establish an effective vegetative
cover.
244.300. Rills and gullies,
which form in areas that have been regraded and topsoiled and which
either:
244.310. Disrupt the
approved postmining land use or the reestablishment of the vegetative cover,
or
244.320. Cause or contribute to
a violation of water quality standards for receiving streams will be filled,
regraded, or otherwise stabilized; topsoil will be replaced; and the areas will
be reseeded or replanted.
250. Performance Standards.
251. All topsoil, subsoil and topsoil
substitutes or supplements will be removed, maintained and redistributed
according to the plan given under R645-301-230 and R645-301-240.
252. All stockpiled topsoil, subsoil and
topsoil substitutes or supplements will be located, maintained and
redistributed according to plans given under R645-301-230 and
R645-301-240.
