2010-11-15_REVISION - C1981008 (3)

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F \ • Page 372 Section 4.25.5 (a) Average annual crop production shall be determined based upon a minimum of 3 years of data. Crop production shall be measured for the three cropping years immediately prior to full release of bond in accordance with Rule 3.03.1(2)(c), or partial release of bond in accordance with Rules 3.03.1(2)(b), and 3.03.1(3)(b); (b) 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. Soil Conservation Service; or is (ii) The average county yields recognized by the U.S. Department of Agriculture, which have been adjusted by the U.S. Soil Conservation Service for local yield variation within the county that is associated with differences between non -mined prime farmland soil and all other soils that produce the reference crop. The average reference crop yield may be adjusted with the concurrence of the U.S. Soil Conservation Service for disease, pest, and weather - induced seasonal variability, or differences in speck management practices where the overall management practices of the crops being compared are equivalent; (c) Revegetation on pr f armland shall be considered a success when - Mi! ii u year average annual crop production is equivalent to, or higher than, the average yield of the reference crop established for the same period for non -mined soils of the same or similar texture or slope phase of the soil series in the surrounding area under equivalent management practices; and (d) In measuring revegetation success on prime farmlands, a statistically valid sampling technique shall be employed. A positive determination of revegetation success shall be made with not less than 90 percent level of confidence in accordance with statistical methods as approved by the Division after consultation with the U.S.D.A. Soil Conservation Service. .7