§ 88.217. Vegetation: standards for successful vegetation.
(a) The standards for successful vegetation shall be determined by ground cover, unless the approved postmining land use is cropland, in which case the standards shall be based upon crop productivity or yield. The standards for successful vegetation of pastureland shall be determined by ground cover.
(b) The approved standard shall be a minimum of 70% ground cover of permanent plant species with not more than 1.0% of the area having less than 30% ground cover of permanent plant species. When woody species are planted in mixture with permanent plant species, the standards in this subsection shall be met, and 400 woody plants per acre shall be established except:
(1) On slopes greater than 20 degrees, the minimum number of woody plants shall be 600 per acre.
(2) When the approved postmining land use is commercial forest land, the minimum number of woody plants shall be 450 living commercial trees per acre.
(3) When the approved postmining land use is wildlife habitat, the requirements of § 88.213(b) (relating to vegetation: tree and shrub species and seedling standards) apply and the areas approved for woody plant species shall have a minimum of 400 woody plants per acre.
(c) For purposes of measuring the stocking standards for woody species, the following apply:
(1) Root crown or root sprouts over 1 foot in height shall count as one toward meeting the stocking requirements. Where multiple stems occur, only the tallest stem shall be counted.
(2) A tree or shrub shall count as one toward meeting the stocking requirements if the tree or shrub has been in place at least two growing seasons and is alive and healthy with at least one-third of its length in live crown.
(d) For purposes of this section, herbaceous species means grasses, legumes and nonleguminous forbs; woody plants means woody shrubs, trees and vines; and ground cover means the area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally on site, expressed as a percentage of the total area of measurement.
(e) When the approved postmining land use is cropland, the approved standard shall be the average yields per acre for the crop and soil type as specified in the Soil Surveys of the United States Department of Agriculture Natural Resources Conservation Service. The productivity or yield of the mined area shall be equal to or greater than the approved standard for the last two consecutive growing seasons of the extended period of responsibility established in § 86.151 (relating to period of liability). Productivity or yield shall be considered equal if production or yield is at least 90% of the approved standard.
(f) Standards for determining success of restoration on prime farmlands soils shall be based upon the soil surveys and soil interpretations and the latest yield data available from the United States Department of Agriculture Natural Resources Conservation Service.
(1) If crops are grown, standards for determining success of restoration shall be based on crop yields. The current estimated yields under equivalent levels of management for each soil map unit and for each crop shall be used by the Department as the predetermined target level for determining success of revegetation. The target yields may be adjusted by the Department in consultation with the United States Secretary of the Department of Agriculture before approval of the permit application. The crop productivity or yield of the mined area shall be compared to the predetermined target level. As a minimum, the following standards shall be met:
(i) The average annual crop production shall be determined based upon a minimum of 3 years of data. Crop production shall be measured for the 3 years immediately prior to release of bonding under Chapter 86 Subchapter F (relating to bonding and insurance requirements).
(ii) Adjustment for weather-induced variability in the annual crop production may be permitted by the Department.
(iii) Restoration of prime farmland shall be considered a success when the adjusted 3-year average annual crop production is equivalent to, or higher than, the predetermined target level of crop production.
(2) If crops are not grown, standards for determining success of restoration shall be based on a soil survey, in addition to meeting the standards of subsection (b). The permittee shall demonstrate to the Department that the prime farmland soil has been restored to a capability of equivalent or higher levels of yield as nonmined prime farmland of the same soil type in the surrounding area. The demonstration shall include erodability, moisture holding capacity, permeability, depth, texture, pH and other analysis deemed relevant by the Department for determining quality of the restored soils as prime farmland.
(g) In all cases, soil productivity for prime farmlands shall be returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed under § 88.32 (relating to prime farmland investigation).
Authority The provisions of this § 88.217 amended under section 5 of The Clean Streams Law (35 P.S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.4(a) and 1396.4b); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7(b)); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 88.217 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (207102) to (207104).
Cross References This section cited in 25 Pa. Code § 86.159 (relating to self-bonding); 25 Pa. Code § 86.172 (relating to criteria for release of bond); 25 Pa. Code § 88.61 (relating to prime farmlands); and 25 Pa. Code § 88.185 (relating to nutrients and soil amendments).
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