Section 312 IAC 25-6-143 - Prime farmland; special performance standards; revegetation and restoration of soil productivityAuthority: IC 14-10-2-4; IC 14-34-2-1
Affected: IC 14-34
Sec. 143.
(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 under the following provisions: (1) Measurement of soil productivity shall be initiated within ten (10) years after completion of the soil replacement.(2) Soil productivity on the mined and reclaimed prime farmland area shall be measured using one (1) of the following methods:(A) Growing crops on a representative sample of the area using the test plot standards of section 60 of this rule.(B) Growing crops on all of the area.(3) The: (A) sampling techniques contained in section 60 of this rule; and(B) statistical methodology contained in section 61 of this rule; shall be used to measure soil productivity.(4) The period for measuring crop production (yield) shall be at least three (3) crop years before the release of the operator's performance bond.(5) The level of management applied during the measurement period shall be the same as the level of management used for nonmined prime farmland in the surrounding area.(6) Restoration of soil productivity is achieved when the yield during the measurement period equals or exceeds one hundred percent (100%) of the success standard found at section 59(c) of this rule for any three (3) years of the responsibility period. One hundred percent (100%) of the success standard must be met with a ninety percent (90%) statistical confidence level, in other words, a one (1) sided test with a 0.10 alpha error. Where reference crops are used for demonstrating productivity, the yield comparisons shall be 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.(7) 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 crops requiring the greatest rooting depth shall be chosen as one (1) of the reference crops.(8) The reference crop yield may be adjusted for factors including: (E) seed or plant selection; specified in section 59(c) of this rule.(9) In determining the period of responsibility under 312 IAC 25-5-7, the director may approve selective husbandry practices (except for augmented seeding, fertilization, or irrigation) without extending the period of responsibility for revegetation success and bond liability if: (A) the selective husbandry practices can be expected to continue as part of the postmining land use; or(B) discontinuance of the practices after the liability period will not reduce the probability of permanent revegetation success.(10) Selective husbandry practices that may be approved under subdivision (9) are normal conservation practices within the region for unmined lands having land uses similar to the approved postmining land use of the disturbed area and may include the following: (A) Disease, pest, and vermin control.(B) Repair of rills and gullies.(C) Pruning, reseeding, or transplanting specifically necessitated by these practices.(11) The selection of reference areas shall be guided by section 59 of this rule. The selection of an approved reference area must be accomplished with concurrence by the Soil Conservation Service of the United States Department of Agriculture. (c) Commercial forest resources may be established on reclaimed prime farmland provided that productivity is demonstrated by subsection (b) and as follows: (1) The director has approved a forest planting plan and forest management plan in consultation with the division of forestry.(2) Landowner consent has been obtained.(3) Forest compatible, permanent ground cover sufficient to control erosion is established and all erosion areas must be repaired or otherwise stabilized.(4) The required soil replacement depth is verified and approved before trees are planted.(5) Soil productivity shall be demonstrated under subsection (b).Natural Resources Commission; 312 IAC 25-6-143; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3586, eff Dec 1, 2001; filed Sep 19, 2006, 9:27 a.m.: 20061018-IR-312060067FRA, eff May 30, 2007; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA