Virginia Administrative Code
Title 4 - CONSERVATION AND NATURAL RESOURCES
Agency 25 - DEPARTMENT OF ENERGY
Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS
Part 816 - Permanent Program Performance Standards-Surface Mining Activities
Section 4VAC25-130-816.22 - Topsoil and subsoil
Universal Citation: 4 VA Admin Code 25-130-816-22
Current through Register Vol. 41, No. 3, September 23, 2024
(a) Removal.
(1)
(i) All topsoil shall be removed as a
separate layer from the area to be disturbed, and segregated.
(ii) Where the topsoil is of insufficient
quantity or poor quality for sustaining vegetation, the materials approved by
the division in accordance with Paragraph (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 permittee may remove the topsoil and the unconsolidated
materials immediately below the topsoil and treat the mixture as
topsoil.
(3) The division may
choose not to require the removal of topsoil for minor disturbances which--
(i) Occur at the site of small structures,
such as power poles, signs, or fence lines; or
(ii) Will not destroy the existing vegetation
and will not cause erosion.
(4) Timing. All material to be removed under
this section 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.
(1) Selected overburden materials may be
substituted for, or used as a supplement to topsoil if the permittee
demonstrates to the division, in accordance with 4VAC25-130-780.18, 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.
(2) Substituted or supplemental material
shall be removed, segregated, and replaced in compliance with the requirements
of this section for topsoil.
(3)
Selected overburden materials may be substituted for or used as a supplement to
topsoil, if the slope of the land containing the topsoil is greater than 60
percent (3v:5h) and the selected overburden materials satisfy the following
criteria:
(i) The results of the analyses of
the overburden required in 4VAC25-130-780.18 demonstrates the feasibility of
using the overburden materials.
(ii) The substitute material has a pH greater
than 5.0, has a net acidity of less than five tons per 1,000 tons of material
or a net alkalinity, and is suitable for sustaining vegetation consistent with
the standards for vegetation in 4VAC25-130-816.111 through 4VAC25-130-816.116,
and the approved postmining land use.
(c) Storage.
(1) Materials removed under Paragraph (a) of
this section shall be segregated and stockpiled when it is impractical to
redistribute such materials promptly on regraded areas.
(2) Stockpiled materials shall--
(i) Be selectively placed on a stable site
within the permit area;
(ii) Be
protected from contaminants and unnecessary compaction that would interfere
with revegetation;
(iii) 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
(iv) Not be moved until required for
redistribution unless approved by the division.
(3) When long-term surface disturbances will
result from facilities such as support facilities and preparation plants and
where stockpiling of materials removed under Paragraph (a)(1) of this section
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 the materials are needed for later reclamation, provided
that--
(i) Such action will not permanently
diminish the capability of the topsoil of the host site; and
(ii) The material will be retained in a
condition more suitable for redistribution than if stockpiled.
(d) Redistribution.
(1) Topsoil materials and substitutes removed
under Paragraph (a) and (b) of this section shall be redistributed in a manner
that--
(i) Achieves an approximately uniform,
stable thickness when consistent with the approved postmining land use,
contours, and surface-water drainage systems. Soil thickness may also be varied
to the extent such variations help meet the specific revegetation goals
identified in the permit;
(ii)
Prevents excess compaction of the materials; and
(iii) Protects the materials from wind and
water erosion before and after seeding and planting.
(2) Before redistribution of the material
removed under Paragraph (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
division 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--
(i)
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
(ii) Such
embankments will be otherwise stabilized.
(4) Nutrients and soil amendments shall be
applied to the initially redistributed material when necessary to establish the
vegetative cover. The types and amounts of nutrients and soil amendments shall
be determined by soil tests performed by a qualified laboratory using standard
methods which are approved by the division. If seeding is done without a site
specific soil test--
(i) Fertilization rates
of 300 pounds of 16-27-14 or 500 pounds of 10-20-10 or equivalents per acre
shall be used.
(ii) Liming rates
shall be in accordance with the following table:
| Mine Spoil pH | Tons of Lime Needed per Acre to Increase pH to: | |||||
| 5.1 - 5.5 | 5.6 - 6.2 | |||||
| Test | Sandstone | Shale | Mixed | Sandstone | Shale | Mixed |
| 4.0 - 4.5 | 2 | 3 | 2 | 3 | 5 | 4 |
| 4.6 - 5.0 | 1 | 3 | 2 | 2 | 4 | 3 |
| 5.1 - 5.5 | 0 | 2 | 1 | 1 | 3 | 2 |
| 5.6 - 6.0 | 0 | 1 | 0 | 0 | 2 | 1 |
(iii) Soil tests shall be performed promptly
after topsoiling but before application of any supplementary nutrients and any
additional lime and fertilizer applied as necessary.
(e) 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 Paragraphs (c) and (d) of this section if it finds that such subsoil layers are necessary to comply with the revegetation requirements of 4VAC25-130-816.111, 4VAC25-130-816.113, 4VAC25-130-816.114 and 4VAC25-130-816.116.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
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