Virginia Administrative Code
Title 4 - CONSERVATION AND NATURAL RESOURCES
Agency 25 - DEPARTMENT OF ENERGY
Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS
Part 823 - Special Permanent Program Performance Standards-Operations on Prime Farmland
Section 4VAC25-130-823.15 - Revegetation and restoration of soil productivity
Universal Citation: 4 VA Admin Code 25-130-823-15
Current through Register Vol. 41, No. 3, September 23, 2024
(a) Following prime farmland soil replacement, the soil surface shall be stabilized with a vegetative cover or other means that effectively controls soil loss by wind and water erosion.
(b) Prime farmland soil productivity shall be restored in accordance with the following provisions:
(1) Measurement of soil productivity shall be
initiated within 10 years after completion of soil replacement.
(2) Soil productivity shall be measured on a
representative sample or on all of the mined and reclaimed prime farmland area
using the reference crop determined under Paragraph (b)(6) of this section. A
statistically valid sampling technique at a 90-percent or greater statistical
confidence level shall be used as approved by the division in consultation with
the U. S. Natural Resources Conservation Service.
(3) The measurement period for determining
average annual crop production (yield) shall be a minimum of three crop years
prior to release of the permittee's performance bond.
(4) The level of management applied during
the measurement period shall be the same as the level of management used on
nonmined prime farmland in the surrounding area.
(5) Restoration of soil productivity shall be
considered achieved when the average yield during the measurement period equals
or exceeds the average yield of the reference crop established for the same
period for nonmined soils of the same or similar texture or slope phase of the
soil series in the surrounding area under equivalent management
practices.
(6) The reference crop
on which restoration of soil productivity is proven shall be selected from the
crops most commonly produced on the surrounding prime farmland. Where row crops
are the dominant crops grown on prime farmland in the area, the row crop
requiring the greatest rooting depth shall be chosen as one of the reference
crops.
(7) Reference crop yields
for a given crop season are to be determined from--
(i) The current yield records of
representative local farms in the surrounding area, with concurrence by the
U.S. Natural Resources Conservation Service; or
(ii) The average county yields recognized by
the U. S. Department of Agriculture, which have been adjusted by the U. S.
Natural Resources Conservation Service for local yield variation within the
county that is associated with differences between nonmined prime farmland soil
and all other soils that produce the reference crop.
(8) Under either procedure in Paragraph
(b)(7) of this section, the average reference crop yield may be adjusted, with
the concurrence of the U.S. Natural Resources Conservation Service, for--
(i) Disease, pest, and weather-induced
seasonal variations; or
(ii)
Differences in specific management practices where the overall management
practices of the crops being compared are equivalent.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
