10 CSR 40-3.120 - Revegetation Requirements
Editor's Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.
(1) General Requirements.
(A) The permittee shall establish on regraded
areas and on all other disturbed areas, except water areas and surface areas of
roads that are approved as part of the post-mining land use, a vegetative cover
that is in accordance with the approved permit and reclamation plan and that is
to be-
1. Diverse, effective and
permanent;
2. Comprised of species
native to the area, or of introduced species where allowable under section (2)
of this rule, and necessary to achieve the approved post-mining land use and
approved by the regulatory authority;
3. At least equal in extent of cover to the
natural vegetation of the area; and
4. Capable of stabilizing the soil surface
from erosion.
(B) The
reestablished plant species shall-
1. Be
compatible with the approved post-mining land use;
2. Have the same seasonal characteristics of
growth as the original vegetation;
3. Be capable of self-regeneration and plant
succession;
4. Be compatible with
the plant and animal species of the area; and
5. Meet the requirements of applicable state
and federal seed, poisonous and noxious plant and introduced species laws or
regulations.
(C) For
areas designated as prime farmland, the requirements of
10 CSR
40-4.030 shall apply.
(D) The regulatory authority may grant
exception to the requirements of paragraphs (1)(B)2. and 3. of this rule when
the species are necessary to achieve a quick-growing, temporary, stabilizing
cover and measures to establish permanent vegetation are included in the
approved permit and reclamation plan.
(E) When the regulatory authority approves a
cropland or prime farmland post-mining land use, the regulatory authority may
grant exception to the requirements of paragraphs (1)(A)1. and 3., and (1)(B)2.
and 3. of this rule.
(2)
Use of Introduced Species. Introduced species may be substituted for native
species only if approved in the permit and plan under the following conditions:
(A) After appropriate field trials have
demonstrated that the introduced species are desirable and necessary to achieve
the approved post-mining land use;
(B) The species are necessary to achieve a
quick, temporary and stabilizing cover that aids in controlling erosion; and
measures to establish permanent vegetation are included in the approved plan
submitted under 10 CSR
40-6.050(8)(B) 3. and
10 CSR
40-6.050(10);
(C) The species are compatible with the plant
and animal species of the region; and
(D) The species meet the requirements of
applicable state and federal seed or introduced species statutes and are not
poisonous or noxious.
(3)
Timing. Seeding and planting of disturbed areas shall be conducted during the
first normal period for favorable planting conditions after final preparation.
The normal period for favorable planting shall be that planting time generally
accepted locally for the type of plant materials selected. When necessary to
effectively control erosion, any disturbed area shall be seeded and planted, as
contemporaneously as practicable with the completion of backfilling and
grading, with a temporary cover of small grains, grasses or legumes until a
permanent cover is established.
(4)
Mulching and Other Soil Stabilizing Practices.
(A) Suitable mulch and other soil stabilizing
practices shall be used on all regraded and topsoiled areas to control erosion,
promote germination of seeds or increase the moisture-retention capacity of the
soil. The commission or director, on a case-by-case basis, may suspend the
requirement for mulch, if the permittee can demonstrate that alternative
procedures will achieve the requirements of section (6) of this rule and do not
cause or contribute to air or water pollution.
(B) When required in the permit and plan,
mulches shall be mechanically or chemically anchored to the soil surface to
assure effective protection of the soil and vegetation.
(C) Annual grasses and grains may be used
alone as in situ mulch, or in conjunction with another mulch,
when the commission or director determines that they will provide adequate soil
erosion control and will later be replaced by perennial species approved for
the post-mining land use.
(D)
Chemical soil stabilizers alone, or in combination with appropriate mulches,
may be used in conjunction with vegetative covers approved for the post-mining
land use.
(5) Grazing.
When the approved post-mining land use is pasture, the reclaimed land may be
used for livestock grazing at a grazing capacity approved in the permit and
plan approximately equal to that for similar nonmined lands, for at least the
last two (2) full years of liability required under subsection (6)(B) of this
rule or may be used in another manner, as approved, which will determine the
productive capacity approved in the permit and plan approximately equal to that
for similar nonmined lands.
(6)
Standards for Success.
(A) Success of
revegetation shall be measured by statistically valid techniques and in
accordance with guidelines established by the director and referenced under
paragraph (6)(B)2. of this rule. Comparison of ground cover and productivity
may be made on the basis of reference areas or criteria representative of
unmined lands in the area being reclaimed or through the use of technical
guidance procedures published by the United States Department of Agriculture
(USDA) or United States Department of Interior (USDI) for assessing ground
cover and productivity. Management of the reference area, if applicable, shall
be comparable to that which is required for the approved post-mining land use
of the permit area.
(B) General
Requirements.
1. Ground cover and
productivity of living plants on the revegetated area within the permit area
shall be equal to the ground cover and productivity of living plants on the
approved reference area or to the standards in other technical guides approved
by the commission for use in the regulatory program. The period of extended
responsibility initiates after the last year of augmented seeding, fertilizing,
irrigation or other work which ensures success and continues for not fewer than
five (5) years.
2. Specific
standards for post-mining land uses-
A. For
areas to be used as woodland, success in revegetation shall be determined on
the basis of ground cover and tree and shrub count. Ground cover and tree and
shrub stocking shall be considered acceptable if they are equal to ninety
percent (90%) of the approved success standard at a ninety percent (90%)
statistical confidence level for the last year of the five (5)-year
responsibility period. The success standard for ground cover is a ground cover
density of seventy percent (70%). The success standard for tree and shrub
stocking rate shall be determined on a specific permit basis with consultation
and approval of the Missouri Department of Conservation. Measurements for
ground cover and productivity of living plants shall be performed in accordance
with the criteria contained in the current guidelines of the Land Reclamation
Commission entitled "Phase III Revegetation Success Standards for
Woodland";
B. In areas to be
developed for industrial/commercial land use fewer than two (2) years after
regrading is completed, the vegetative ground cover shall not be less than
required to control erosion. If the area is not developed for
industrial/commercial use within two (2) years of regrading, ground cover must
have a density of seventy percent (70%), at a ninety percent (90%) statistical
confidence level and not be less than that required to control erosion.
Measurements for ground cover shall be performed in accordance with the
criteria contained in the current guidelines of the Land Reclamation Commission
entitled "Phase III Success Standards for Industrial/Commercial
Revegetation";
C. For areas to be
used for cropland unless otherwise approved in the permit and plan, success in
revegetation of cropland shall be determined on the basis of crop production
from the mined area as compared to approved reference areas or other technical
guidance procedures. Crop production from the mined area shall be equal to or
greater than that of the approved standard for any two (2) years, except the
first year, of the five (5)-year liability period established in paragraph
(6)(B)1. of this rule. Production shall not be considered equal if it is less
than ninety percent (90%) of the production of the approved standard with
ninety percent (90%) statistical confidence. Measurements for crop productivity
shall be performed in accordance with the criteria contained in the current
guidelines of the Land Reclamation Commission entitled "Phase III Revegetation
Success Standards for Cropland";
D.
On areas to be developed for wildlife habitat, success of vegetation shall be
determined on the basis of tree, shrub or half-shrub stocking and ground cover.
The tree, shrub or half-shrub stocking shall meet the standards described in
section (7) of this rule. Ground cover shall be considered acceptable if it has
at least seventy percent (70%) density with ninety percent (90%) statistical
confidence. The success standard for tree and shrub stocking rate shall be
determined on a specific permit basis with consultation and approval of the
Missouri Department of Conservation. Measurements for ground cover and stocking
shall be performed in accordance with the criteria contained in the current
guidelines of the Land Reclamation Commission entitled "Phase III Revegetation
Success Standards for Wildlife Habitat";
E. For areas to be developed for pasture use,
success of revegetation shall be determined on the basis of ground cover and
the production of living plants. Ground cover and production shall be
considered acceptable if they are at least ninety percent (90%) of the approved
success standard at a ninety percent (90%) statistical confidence level for any
two (2) years of the five (5)-year responsibility period, except the first
year. The success standard for ground cover shall be ninety percent (90%)
density. The success standard for hay production shall be the yield from the
reference area. Measurements for ground cover and productivity of living plants
shall be performed in accordance with the criteria contained in the current
guidelines of the Land Reclamation Commission entitled "Phase III Revegetation
Success Standards for Pasture and Previously Mined Areas";
F. For areas to be developed for prime
farmland use, success of revegetation shall be determined on the basis of crop
production. Crop production shall be considered acceptable if it is one hundred
percent (100%) of the approved success standard at a ninety percent (90%)
statistical confidence level for any three (3) years of the five (5)-year
responsibility period, except the first year. The success standard for crop
production shall be the yield from the reference area or other technical
guidance procedures. Measurement of soil productivity shall be initiated within
ten (10) years after completion of soil replacement. Measurements for crop
productivity shall be performed in accordance with the criteria contained in
10 CSR
40-4.030 and in the current guidelines of the Land
Reclamation Commission entitled "Phases II/III Revegetation Success Standards
For Prime Farmland";
G. For areas
to be developed for a recreation land use, success of revegetation shall be
determined on the basis of ground cover and tree and shrub stocking. Ground
cover shall be considered acceptable if it is equal to a density of seventy
percent (70%), at a ninety percent (90%) statistical confidence level. The
success standard for tree and shrub stocking rate shall be determined on a
specific permit basis with consultation and approval of the Missouri Department
of Conservation. Measurements for ground cover and productivity of living
plants shall be performed in accordance with the criteria contained in the
current guidelines of the Land Reclamation Commission entitled "Phase III
Revegetation Success Standards For a Recreation Land Use";
H. For areas to be developed for residential
use fewer than two (2) years after regrading is completed, the vegetative
ground cover density shall not be less than required to control erosion. If the
area is not developed for residential use within two (2) years of regrading,
ground cover must be equal to a density of seventy percent (70%), at a ninety
percent (90%) statistical confidence level. Measurements for ground cover
density shall be performed in accordance with the criteria contained in the
current guidelines of the Land Reclamation Commission entitled "Program Phase
III Revegetation Standards For Residential Land Use"; and
I. For areas previously disturbed by mining
that were not reclaimed to the requirements of subsection (6)(B) and that are
remined or otherwise redisturbed by surface coal mining operations, as a
minimum, the vegetative ground cover shall be not less than the ground cover
existing before redisturbance and shall be adequate to control
erosion.
3. Vegetative
ground cover shall not be less than that required to achieve the approved
post-mining land use.
(C)
The person who conducts surface mining activities shall-
1. Maintain any necessary fences and proper
management practices; and
2.
Conduct periodic measurements of vegetation, soils and water prescribed or
approved in the permit and plan to identify conditions during the applicable
period of liability specified in subsection (6)(B) of this rule.
(D) For permit areas forty (40)
acres or less in size in locations with an average annual precipitation of more
than twenty-six inches (26"), the following performance standards, if approved
in the permit and plan, may be used instead of reference areas to measure
success of revegetation on sites that are disturbed. These standards shall be
met for a minimum of five (5) consecutive years:
1. Areas planted only in herbaceous species
shall sustain a vegetative ground cover of seventy percent (70%) for five (5)
full consecutive years;
2. Areas
planted with a mixture of herbaceous and woody species shall sustain a
herbaceous vegetative ground cover of seventy percent (70%) for five (5) full
consecutive years and four hundred (400) woody plants per acre after five (5)
years. On steep slopes, the minimum number of woody plants shall be six hundred
(600) per acre; and
3. 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.
(7) Tree and Shrub Stocking for Woodland,
Wildlife Habitat and Recreation Land Uses. This section sets forth forest
resource conservation standards for reforestation operations to ensure that a
cover of commercial tree species, noncommercial tree species, shrubs or
half-shrubs, sufficient for adequate use of the available growing space, is
established after surface mining activities.
(A) Stocking, that is, the number of stems
per unit area, will be used to determine the degree to which space is occupied
by well-distributed, countable trees, shrubs or half-shrubs.
1. Root crown or root sprouts over one foot
(1') in height shall count as one (1) toward meeting the stocking requirements.
Where multiple stems occur, only the tallest stem will be counted.
2. A countable tree or shrub means a tree
that can be used in calculating the degree of stocking under the following
criteria:
A. The tree or shrub shall be in
place at least two (2) growing seasons;
B. The tree or shrub shall be alive and
healthy; and
C. The tree or shrub
shall have at least one-third (1/3) of its length in live crown.
3. Rock areas, permanent road and
surface water drainage ways on the revegetated area shall not require
stocking.
(B) The
following are the minimum performance standards for areas where woodland is the
approved post-mining land use:
1. The area
shall have a minimum stocking of four hundred fifty (450) trees or shrubs per
acre;
2. A minimum of seventy-five
percent (75%) of countable trees or shrubs shall be commercial tree
species;
3. The number of trees or
shrubs and the ground cover shall be determined using procedures described in
subparagraph (6)(B)2.D. and subsection (7)(A) of this rule and the sampling
method approved in the permit and plan; when the stocking is equal to or
greater than four hundred fifty ( >450) trees or
shrubs per acre and there is acceptable ground cover, the five (5)-year
responsibility period required in subparagraph (6)(B)2.D. and paragraph
(7)(C)2. of this rule shall begin; and
4. Upon expiration of the five (5)-year
responsibility period and at the time of request for bond release, each
permittee shall provide documentation showing that the stocking of trees and
shrubs and the ground cover on the revegetated area is satisfied by the
provisions set out in subparagraph (6)(B)2.D. and paragraph (7)(B)1. of this
rule.
(C) The following
are the minimum performance standards for areas where woody plants are used for
wildlife management, recreation, shelter belts or forest uses other than
commercial forest land:
1. An inventory of
trees, half-shrubs and shrubs shall be conducted on established reference areas
according to methods approved in the permit and plan. This inventory shall
contain, but not be limited to-
A. Site
quality;
B. Stand size;
C. Stand condition;
D. Site and species relations; and
E. Appropriate forest land utilization
considerations;
2. The
stocking of trees, shrubs, half-shrubs and the ground cover established on the
revegetated area shall approximate the stocking and ground cover approved in
the permit. Minimum stocking and planting arrangements shall be based on local
and regional conditions after consultation with and approval from the Missouri
Department of Conservation. The stocking of live woody plants shall be equal to
or greater than ninety percent (90%) of the stocking of woody plants of the
same life form approved in the permit. When this requirement is met and
acceptable ground cover is achieved, the five (5)-year responsibility period
required in subsection (6)(B) of this rule shall begin; and
3. Upon expiration of the five (5)-year
responsibility period, each permittee shall provide documentation showing that-
A. The woody plants established on the
revegetated site are equal to or greater than ninety percent (90%) of the
stocking rate approved in the permit with ninety percent (90%) statistical
confidence and, at the time of final bond release, at least eighty percent
(80%) of the trees and shrubs used to determine success shall have been in
place for sixty percent (60%) of the applicable minimum period of
responsibility;
B. The ground cover
on the revegetated area satisfies subparagraph (6)(B)2.D. of this rule. Species
diversity, seasonal variety and regenerative capacity of the vegetation of the
revegetated area shall be evaluated on the basis of the results which could
reasonably be expected using the revegetation methods described in the mining
and reclamation plan; and
C.
Vegetative ground cover shall not be less than that required to achieve the
approved post-mining land use.
(8) Reclamation Schedule.
(A) In addition to the temporal and spatial
requirements for completion of grading specified in
10 CSR
40-3.110(1)(A), other aspects of
reclamation shall be completed in a timely manner as follows:
1. Replacement of topsoil shall be completed
within two hundred seventy (270) days of the completion of backfilling and
rough grading or as contemporaneously as possible as defined in the approved
permit;
2. A permanent cover
sufficient to control erosion, or an equivalent erosion control practice, as
approved by the director, shall be in place within two (2) years of the
completion of initial seeding;
3.
Within four (4) years of the completion of initial seeding-
A. Reclaimed land shall qualify for a Phase
II liability release; and
B. The
permittee shall submit a request for release of Phase II liability;
4. Siltation structures and
diversions that are no longer needed for control of sediment shall be graded,
topsoiled and seeded within eighteen (18) months after approval of a Phase II
liability release of all disturbed areas within the watershed they serve. These
Siltation structures and diversions shall be clearly indicated by the director
in the Phase II liability release inspection report;
5. Revegetation success on
industrial/commercial areas, public service areas, recreation areas and
residential areas shall be demonstrated in the last year of the five (5)-year
responsibility period;
6.
Revegetation success on woodland areas and wildlife areas shall be demonstrated
in the last year of the five (5)-year responsibility period;
7. Revegetation success on cropland and
pasture shall be demonstrated in any two (2) years of the last four (4) years
of the five (5)-year responsibility period;
8. Revegetation success on prime farmland
shall be demonstrated in any three (3) years of the last four (4) years of the
five (5)-year responsibility period;
9. Measurements of ground cover, productivity
and tree and shrub density shall be submitted to the commission within thirty
(30) days of data collection for the years the permittee uses to prove
revegetation success. If a permittee is unable to demonstrate revegetation
success at the end of the five (5)-year responsibility period, the
responsibility period and the requirement to measure productivity shall be
extended year-by-year until the revegetation success standards are met;
and
10. Within six (6) months after
revegetation success is demonstrated for a given area-
A. All requirements of
10 CSR
40-7.021(2)(D) shall be met;
and
B. The permittee shall submit a
request for release of Phase III liability to the
commission.
(B)
The requirements of subsection (8)(A) shall not apply to areas that are used
and needed specifically for the support of ongoing reclamation or mining
activities and on which grading, topsoiling, or both cannot be completed until
the areas are no longer needed for the support of ongoing reclamation or mining
activities. The areas shall include, but shall not be limited to, haul roads,
siltation structures, diversions and stockpiles. The requirements of subsection
(8)(A) shall apply to these areas when they are no longer needed for support
activities.
(C) The director may
approve variances from the requirements of paragraphs (8)(A)1.-8. if-
1. The permittee can demonstrate that unusual
circumstances which are beyond his/her control have made him/her temporarily
unable to conform to the requirements;
2. The variance is requested for the purpose
of improving the efficiency of the management of the reclaimed land, and the
director determines that the variance will not unreasonably delay reclamation
and the release of Phase III liability; or
3. The variance is requested for the purpose
of allowing the permittee to perform reclamation that significantly exceeds the
requirements of the law.
(D) The permittee shall report to the
director the status of reclamation on all of his/her operations as of January 1
of each year. The report shall contain a narrative and map outlining the
following as a minimum:
1. Total acres
disturbed by mining (that is, spoil banks, open pit, bench);
2. Total acres disturbed to assist mining
(that is, siltation structures, diversions, haul roads, topsoil
stockpiles);
3. Acres finished
graded (that is, all grading complete);
4. Acres not yet finished graded (that is,
pit, bench, adjacent four (4) or fewer spoils);
5. Acres finished topsoiled (that is, topsoil
completed and most likely seeded);
6. Acres not yet topsoiled;
7. Acres seeded (that is, permanent seeding
of grass-legume and cover crop) and a description of the species planted and
the methods used;
8. Acres
permanent impoundments (that is, siltation structures and final
pits);
9. Acres permanent
roads;
10. Acres fully reclaimed
(that is, reclamation completed; however, future touchup and overseeding may be
necessary to ensure bond release status); and
11. Additional acres disturbed to support
mining (that is, preparation plants, office and shop areas, slurry ponds, coal
storage piles).
Notes
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