Section 1816.22 Topsoil and Subsoil

IllinoisRegulations

Ask Donna

How this section applies to your facts.

Illinois Administrative Code › Title 62 MINING › CHAPTER I: DEPARTMENT OF NATURAL RESOURCES › Part 1816 PERMANENT PROGRAM PERFORMANCE STANDARDS – SURFACE MINING ACTIVITIES › Section 1816.22 Topsoil and Subsoil

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

Section 1816

Section 1816.22  Topsoil and

Subsoil

a)         Removal.

1)         All topsoil shall be removed as a separate layer from the area

to be disturbed, and segregated.  Where topsoil is of insufficient quantity or

poor quality for sustaining vegetation, the materials approved by the

Department in accordance with subsection (b) shall be removed as a separate

layer from the area to be disturbed, and segregated.

2)         If topsoil is less than 6 inches thick and no substitutes or

supplements are approved in accordance with subsection (b), the operator shall

remove a 6 inch layer that includes the A horizon and the unconsolidated

materials immediately below or the A horizon and all unconsolidated materials

if the total available is less than 6 inches and treat the mixture as topsoil.

3)         The Department shall not require the removal of topsoil for

minor disturbances which:

A)        Occur at the site of small structures, such as power poles,

signs, fence lines or markers; or

B)        Will not destroy the existing vegetation, will not cause

erosion and will not degrade the quality or limit the future use of the soil.

4)         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.

Selected

overburden materials may be substituted for, or used as a supplement to topsoil

if the operator demonstrates to the Department 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.  The demonstration shall be based upon the information

requirements of 62 Ill. Adm. Code 1780.18(b)(4).

c)         Storage

ent to topsoil

if the operator demonstrates to the Department 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.  The demonstration shall be based upon the information

requirements of 62 Ill. Adm. Code 1780.18(b)(4).

c)         Storage.

1)         Materials removed under subsection (a) if not redistributed

immediately shall be segregated and stockpiled.

2)         Stockpiled materials shall:

A)        Be selectively placed on a stable site within the permit area;

B)        Be protected from contaminants and unnecessary compaction that

would interfere with revegetation;

C)        Be protected from wind and water erosion through prompt

establishment and maintenance of an effective, quick growing vegetative cover

or through other measures equally effective in controlling erosion approved by

the Department; and

D)        Not be moved until required for redistribution unless approved

by the Department.

3)         Where long-term surface disturbances will result from

facilities such as support facilities and preparation plants and where

stockpiling of materials removed under subsection (a)(1) would be detrimental

to the quality or quantity of those materials, the Department 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:

A)        Such action will not permanently diminish the capability of the

topsoil of the host site; and

B)        The material will be retained in a condition more suitable for

redistribution than if stockpiled.

d)         Redistribution

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:

A)        Such action will not permanently diminish the capability of the

topsoil of the host site; and

B)        The material will be retained in a condition more suitable for

redistribution than if stockpiled.

d)         Redistribution.

1)         Topsoil materials and topsoil substitutes and supplements removed

under subsections (a) and (b) shall be redistributed in a manner that:

A)        Achieves an approximate uniform, stable thickness when consistent

with the approved post-mining 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;

B)        Prevents excess compaction of the materials; and

C)        Protects the materials from wind and water erosion and

contamination before and after seeding and planting.

2)         Before redistribution of the material removed under subsection

(a) 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 Department shall not require the redistribution of topsoil

or topsoil substitutes on the approved post-mining embankments of permanent

impoundments or of roads if it determines that:

A)        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

B)        Such embankments will be otherwise stabilized.

4)         Nutrients and soil amendments shall be applied to the

initially redistributed material when necessary to establish the required

vegetative cover.

e)         Subsoil segregation

psoil substitutes on such embankments

is inconsistent with the requirement to use the best technology currently

available to prevent sedimentation; and

B)        Such embankments will be otherwise stabilized.

4)         Nutrients and soil amendments shall be applied to the

initially redistributed material when necessary to establish the required

vegetative cover.

e)         Subsoil segregation.  The Department 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 subsections (c) and (d) if it finds that such subsoil layers

are necessary to comply with the revegetation requirements of Sections 1816.111,

1816.113, 1816.114, 1816.116 and 1816.117.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.