RELATES TO:
KRS 350.010(2),
350.240,
350.300
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
pertinent part, requires the cabinet to promulgate administrative regulations
pertaining to noncoal mineral operations to minimize their adverse effects on
the citizens and the environment of the Commonwealth. This administrative
regulation sets forth provisions for the reestablishment of vegetation on
noncoal mineral operations.
Section 1.
General.
(1) Each mineral permittee shall
establish on all lands disturbed during the course of the mineral operation, a
condition which will result in a permanent vegetative cover, effective in
controlling erosion, and which supports the approved postmining land
use.
(2) Plant species for
revegetation shall be selected on the basis of:
(a) Their ability to achieve the approved
postmining land use;
(b) Their
ability to control erosion, both in the short term and in the future, but which
will allow for plant succession for areas to be returned to forest land or fish
and wildlife habitat;
(c) Their
ability to promote soil rebuilding; and
(d) Their benefit to wildlife.
(3) Regraded areas shall be seeded
or planted as soon as possible; however, the seeding or planting shall be
conducted during the appropriate time of year for the plant materials selected
in accordance with accepted agricultural or reforestation practices.
(4) Experimental seeding or stocking of trees
or shrubs, not typically used, may be allowed if no more than twenty (20)
percent of the permit area is seeded or planted with these species; except
that, any species used shall meet the requirements of subsection (1) of this
section, shall not be in violation of applicable state and federal introduced
species statutes, and are not considered poisonous or noxious.
(5) Roads shall be seeded to legumes and
perennial grasses only, unless the cabinet determines that the roadway will not
contribute to significant off site damage to the public, the environment, or
adjacent property owners if left unreclaimed.
(6) If conditions warrant, the cabinet may
allow exceptions to this administrative regulation, if the exceptions are
consistent with 405 KAR Chapter 5.
Section 2. Soil Stabilization and Amendments.
Liming, fertilization, mulching and related practices shall be conducted in
accordance with 405 KAR
5:060, Section 4. If there is a problem in
reestablishing vegetation, soil tests shall be performed to determine necessary
remedial measures.
Section 3.
Revegetation Success.
(1) Success of
revegetation shall primarily be determined on the basis of ground cover, and if
applicable, tree and shrub stocking.
(2) Ground cover.
(a) For
establishing ground cover for the various postmining land uses, at least four
(4) grass and legume species shall be seeded, one (1) of which may be a quick
cover species. At least one (1) permanent legume species, in addition to two
(2) or more permanent grasses, shall be required for the pastureland postmining
land use.
(b) At least one (1)
quick cover grass or legume species shall be seeded. However, annual grasses
and small grains shall be considered only as a tool in establishing temporary
vegetative cover for restoration, and shall not be included in the evaluation
of revegetation success.
(c) Ground
cover shall be at least ninety (90) percent for areas where the postmining land
use is pastureland, or where the area will be seeded to grasses and legumes
under the cropland land use.
(d)
Ground cover shall be at least eighty (80) percent for all other postmining
land uses.
(e) For the selection of
ground cover species, the mineral permittee shall consider, but not necessarily
be limited to, the seeding mixtures listed in Appendix A of this administrative
regulation.
(3) Tree and
shrub stocking.
(a) For areas to be
reforested, at least 300 trees or shrubs shall be present per acre, including
volunteers, during the success evaluation required under Section 4 of this
administrative regulation; except, where a greater stocking rate is required
for shrub plantings for wildlife pursuant to paragraph (d) of this subsection.
A lesser stocking rate may be approved by the cabinet if the tree or shrub
planting is only for cosmetic purposes or for similar reasons.
(b) At least four (4) species of trees or
shrubs shall be stocked for areas to be reforested with each of the four (4)
principal species comprising at least ten (10) percent of the total stocking,
of which none shall exceed fifty (50) percent of the total stocking. A lesser
diversity may be approved by the cabinet if tree or shrub planting is only for
cosmetic purposes or for similar reasons. Only one (1) species of tree is
required if a commercial pine plantation is established.
(c) Of the four (4) or more species
referenced in paragraph (b) of this subsection, at least one (1) conifer
species and at least one (1) hardwood or mast producing species shall be
selected for the forest land and fish and wildlife land uses. For forestland,
at least fifty (50) percent of the woody plants shall be trees.
(d) For areas within the permit boundary
where shrubs, and no trees, are stocked for wildlife a stocking rate of 600
stems per acre shall be required.
(e) If used, black locust (Robina
psuedoacacia) shall not exceed twenty-five (25) percent of the woody plant
mixture; and European black alder (Alnus glutinosa) shall not exceed fifty (50)
percent of the total woody plant mixture.
(f) Black locust seed shall be scarified,
except if used in fall and spring seeding.
(g) All trees and shrubs counted for success
shall be alive and healthy.
(h)
Only canopy forming trees shall be stocked for a postmining land use of forest
land.
(i) Tree and shrub stocking
for wildlife may include border plantings, clump plantings, or strip
plantings.
(j) For areas to be
reforested, the use of competitive ground cover species such as KY 31 tall
fescue (Festuca arundinaria), crown vetch (Coronilla varia), alfalfa (Medigo
spp.), and the nonprostate, highway variety of sericea lespedeza (Lespedeza
cuneata) shall be limited.
(k) The
area above the highwall on any water impoundment shall be planted with trees in
order to provide a protective barrier and screen.
(l) On very stony areas that cannot be hand
planted without difficulty, direct seeding of woody species will be permitted;
otherwise, woody species shall be hand planted, except for black
locust.
(4) The cabinet
may approve a seeding mixture other than those established in Appendix A of
this administrative regulation if the mineral permittee submits adequate
justification to the cabinet.
(5)
Bare areas within the revegetated area shall not exceed one-fourth (.25) acre
in size.
(6) Where a seam or
stratum of solid rock at the surface makes revegetation impractical, none shall
be required.
Section 4.
Inspection and Reporting Procedures.
(1) When
planting is completed a planting report shall be filed with the cabinet. The
division's planting report form shall be used for compiling this
information.
(2) Inspection and
evaluation for vegetation success shall be made during appropriate seasons in
order to determine if satisfactory vegetation has been established. In no
instance shall this inspection be made until after the completion of two (2)
growing seasons. The appropriate report forms shall be used for compiling this
information.
(3) The following form
is hereby incorporated by reference: Noncoal Planting Report, NCR-18, February
2017.
(4) This form may be reviewed
or obtained at the Department for Natural Resources, 300 Sower Boulevard,
Frankfort, KY 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
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APPENDIX A OF 405 KAR 5:070 RECOMMENDED HERBACEOUS MIXTURES FOR REVEGETATION
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Note: A species enclosed in parenthesis may be
substituted for the species to the left. Its seeding rate is enclosed in
parenthesis.
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Species Mixture
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Seeding Rate
(Pounds/acre PLS)
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Spring - February 15 to May 15
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1. Orchardgrass
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10
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White or Ladino clover
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2
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Red clover
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6
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2. Orchardgrass
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10
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White or Ladino clover
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1
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Red clover
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4
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Korean or Kobe lespedeza or mix of these
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10
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3. Orchardgrass
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10
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Birdsfoot trefoil (Alfalfa)
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8 (15)
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Red clover
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6
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4. Wheat (Spring oats)
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25 (32)
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Switchgrass
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10
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Indiangrass
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10
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Big bluestem
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5
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Little bluestem
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5
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Birdsfoot trefoil
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6
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Except for mixture 4, add one (1) of the following
quick cover species to the selected permanent spring seeding mixture:
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Wheat (before April 15)
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30
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Spring oats (before April 15)
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32
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Balbo rye (before April 15)
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30
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Perennial ryegrass
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10
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Annual ryegrass
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5
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Weeping lovegrass (after April 1)
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2
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Summer - May 15 to August 1
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Orchardgrass
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10
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Korean or Kobe lespedeza or mix of these
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15
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Red clover
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4
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White clover (Birdsfoot trefoil)
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1 (6)
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Alfalfa
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12
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Add one (1) of the following quick cover species to
the permanent summer seeding mixture:
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Sorghum
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20
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Foxtail (German) millet
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12
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Japanese millet
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15
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Soybeans
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40
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Cowpeas
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40
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Pearl millet
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10
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Fall - August 1 to October 1
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1. Orchardgrass
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10
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White or Ladino clover
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2
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Red clover
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6
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2. Orchardgrass
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10
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Alfalfa (Birdsfoot trefoil)
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15 (8)
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Red clover
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6
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3. Deertongue
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12
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Birdsfoot trefoil
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8
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Red clover
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6
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Add one (1) of the following quick cover species to
the selected permanent fall seeding mixture:
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Winter wheat
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30
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Balbo rye or Winter rye
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30
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Winter oats
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32
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Perennial ryegrass
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10
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Annual ryegrass
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5
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Mixtures for Wet or Poorly Drained Areas and Pond
Borders
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Spring - February 15 to May 15
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Japanese millet
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10
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Redtop (Reed canarygrass)
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3 (15)
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Alsike clover
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4
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Common annual lespedeza (quick cover species)
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10
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Fall - August 1 to October 1
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Redtop
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3
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Reed canarygrass
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15
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Alsike clover
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6
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Common annual lespedeza (quick cover species)
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10
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Mixture for Areas to be Stocked With Woody
Plants
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Spring or Fall Seeding
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Redtop
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3
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Perennial ryegrass
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5
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Birdsfoot trefoil (Appalow lespedeza)
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10 (20)
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Foxtail millet (quick cover species)
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5
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If both Appalow lespedeza and birdsfoot trefoil are
used, cut their seeding rates in half.
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Note: Seeding Rates are for Pure Live Seed. Seeding rates of
the permanent species can be increased if desired, but do not exceed the
seeding rate of the temporary species.
Use only one (1) of the temporary species at the rates shown.
If more than one (1) are used, reduce the seeding rates of each temporary
species appropriately.
