Tenn. Comp. R. & Regs. 0400-42-07-.04 - VEGETATION

(1) Objective in Revegetation

The objective of revegetation is to provide a self-regenerating cover on the disturbed area as soon as possible and to minimize erosion.

(2) General Rules Governing Seeding or Planting

(a) Seasonal Feasibility

Immediately after grading, appropriate vegetation shall be planted and seeded in the proper season in accordance with accepted agricultural and reforestation practices.

(b) Plant Selection

1. Plants that give a quick, permanent, protective cover shall be used. Select plants to use after evaluating both their potential for stabilization and their use in terms of forest products, wildlife habitat, and agricultural benefits.

2. Adapted plant species and mixtures are listed in subparagraphs (5)(j) through (m) of this rule.

(c) Direct Seeding

1. Direct seeding of trees and shrubs is encouraged on all disturbed areas to supplement planted trees.

2. Some Species Adapted to Direct Seeding:

(i) Black (Sweet) Birch

(ii) Virginia Pine

(iii) Pitch Pine

(iv) Red Maple

(v) European Black Alder

(vi) Autumn Olive

3. Species that can be direct seeded are not limited to the list in part 2 of this subparagraph.

(3) Contour Mining

(a) Application

These regulations shall apply in areas where the slope of the original ground covering the coal seam or lying below the coal seam exceeds 15 degrees.

(b) Area to be Revegetated

The entire disturbed area shall be fertilized and vegetated with adapted legumes and/or perennial grasses, and adapted trees and/or adapted shrubs, except as hereinafter provided. Adapted species and mixtures are listed in subparagraphs (5)(j) through (m) of this rule.

(c) Access Roads

Roadbeds shall be seeded to adapted legumes and perennial grasses only, no trees being required. This vegetative requirement for roads may be modified if, in the opinion of the Commissioner, the roadway will not contribute offsite damage to the public or adjacent property owners.

(d) Shrubs for Wildlife

Shrubs for wildlife may be planted to include border plantings, clump plantings, intervening strips, or area planting.

(4) Area Mining

(a) Application

These provisions shall apply where regrading to original contour as defined in subparagraph (3)(c) of Rule 0400-42-07-.03 is used.

(b) Area to be Revegetated

The entire disturbed area shall be fertilized and vegetated with adapted legumes and/or perennial grasses, and adapted trees and/or adapted shrubs, except as hereinafter provided. If future use of area will be agricultural grassland or crops, trees and/ or shrubs may be omitted. Adapted species and mixtures are listed in subparagraphs (5)(j) through (m) of this rule.

(c) Shrubs for Wildlife

Shrubs for wildlife may be planted to include border plantings, clump plantings, intervening strips, or area plantings.

(5) Mixture and Seed Requirements

(a) Seed Inoculation

All legume seed, except black locust, shall be inoculated.

(b) Scarifying

All black locust and sericea lespedeza seed will be scarified, except when used in fall and winter seeding.

(c) Preparation of Soil

Preparation of the seed bed by harrowing, discing, or other approved methods, prior to seeding is required, except on slopes greater than fifteen (IS) degrees.

(d) Seeding Dates and Rates

Dates of seeding and rates of seed used shall be in accord with the requirements of the adapted species selected and elevation of the site.

(e) Livestock Grazing

Protection of seeded area from grazing by livestock is required during the first two growing seasons.

(f) Fertilizer

Fertilizer shall be applied at a minimum rate of 100 pounds each of Nitrogen (N), Phosphate (P₂O₅) and Potash (K₂O) per acre. Agricultural lime shall be applied at a minimum of eight thousand (8,000) pounds per acre.

(g) Mulch

1. All disturbed areas shall be mulched. The approved mulch and rates are:

(i) Dry Wheat Straw or Hay at a rate of four thousand (4,000) pounds, approximately 80 bales per acre.

(ii) Wood Fiber Mulch at a rate of one thousand five hundred (1,500) pounds per acre, but not in the months of November. December, January and February.

(iii) Dry Wheat Straw and hay must be anchored by asphalt emulsion or by discing the straw or hay on contour.

(h) Planting

1. Tree species

Planting of a single species, or of two or more species, in pure blocks or strips at least thirty (30) feet wide, over the entire area, or of a single species in a block or a contour strip is required

(i) Preferred tree species are:

Virginia pine

Shortleaf pine (on light (sandy) soils only)

Black locust

(ii) Other species that may be used are:

European black alder

Red maple

Loblolly pine (below 1,000 ft. elevation)

Pitch pine

White pine

2. Tree seedlings shall be planted at a 6'x 7'spacing.

3. Seedlings should be planted between November 1 and May 1.

(i) Wildlife Planting

1. Plantings for wildlife food and cover shall consist of one or more of the following:

(i) Shrub Lespedeza:

Lespedeza bicolor

Lespedeza japonica

(ii) Bush Honeysuckle:

Amur - Lonicera maackii (Fall fruiting)

Tatarian - Lonicera tataric (Summer fruiting)

Autumn Olive - Elaeagnus umbellata (Fail fruiting)

2. The following type of plantings may be made:

(i) Intervening contour strips and borders. Contour strips or borders of wildlife food and cover may be substituted for the appropriate number of trees to provide space for planting one or more of the following shrub species:

(I) Bush honeysuckle - 1 to 3 rows - 6' x 6' spacing - Feb. 1 to April 15

(II) Autumn olive - 1 to 3 rows - 6'x 6' spacing - Feb. 1 to April 15

(III) Shrub lespedeza plants - 5 rows - 2'x 2'spacing - Feb. 1 to April 15

(IV) Shrub lespedeza seeded - 12 to 15 feet width - 20 Ibs./ac. scarified seed March 1 to June 15.

(ii) Clumps - Clump plantings numbering not more than 2 per acre may be substituted for trees to provide space for one or more of the following shrub species:

(I) Bush honeysuckle - 25 plants - 6' x 6' spacing - Feb. 1 to April 15

(II) Autumn olive - 25 plants - 6'x 6'spacing - Feb. 1 to April 15

(III) Shrub lespedeza plants - 700 plants - 2' x 2' spacing - Feb. 1 to April 15

(IV) Shrub lespedeza - 1 lb. scarified seed 50'x 50' area - March 1 to June 15.

(iii) Rocky and Stony Areas

(I) Shrub lespedeza may be substituted for tree species using the following mixture for rocky and stony sites where planting of tree seedlings is not possible:

(II) Plant the mixture from Dec. 1 to April 15.

SPECIES	AMOUNT PER ACRE
Tall fescue	20 pounds
Shrub lespedeza (scarified seed)	10 pounds

(j) Legumes, Perennial Grasses, and Annual Grains. One of the following mixtures shall be sown on the entire disturbed area, unless an alternative mixture is proposed in the Revegetation Plan and approved by the Commissioner.

1. Mixture One: February-April Per Acre

(i)	Sericea Lespedeza (scarified)	25 pounds
(ii)	Ky-31 Tall Fescue	25 pounds
(iii)	Weeping Lovegrass,	10 pounds
(iv)	Kobe or Korean Lespedeza	10 pounds
(v)	Bicolor Lespedeza	5 pounds
(vi)	Millett or Sudangrass	10 pounds

2. Mixture Two: May-July

(i)	Sericea Lespedeza (scarified)	35 pounds
(ii)	Ky-31 Tall Fescue	25 pounds
(iii)	Weeping Lovegrass	10 pounds
(iv)	Bicolor Lespedeza	5 pounds
(v)	Millett or Sudangrass	10 pounds

3. Mixture Three: August-October

(i)	Sericea Lespedeza (Unscarified)	45 pounds
(ii)	Ky-31 Tall Fescue	9-5 pounds
(iii)	Weeping Lovegrass	5 pounds
(iv)	Bicolor Lespedeza	5 pounds
(v)	Balboa or English Rye	15 pounds

4. Mixture Four: November-January

(i)	Sericea Lespedeza (unscarified)	20 pounds
(ii)	Ky-31 Tall Fescue	40 pounds
(iii)	Weeping Lovegrass*	5 pounds
(iv)	Bicolor Lespedeza	5 pounds
(v)	Balboa or English Rye	15 pounds

(k) Evaluation of Vegetation Survival

Inspection and evaluation of' vegetation for cover and survival shall be made as soon as it is possible to determine if a satisfactory stand has been established. In no instance shall this vegetative cover check be made until twelve (12) months following the planting of trees or shrubs. A revegetation evaluation report shall be prepared and filed by the inspector.

(l) Standards for Perennials

Standards for legumes and perennial grasses shall require at least an eighty percent (80%) ground cover. Bare areas shall not exceed one-fourth (¼) acre (100 feet by 100 feet) in size, nor total more than twenty percent (20%) of the area seeded unless such areas are too stony to support vegetation.

(m) Standards for Woody Plants with Perennials

Standards for woody plants with legumes and perennial grasses overseeded shall require an eighty percent (80%) establishment of ground cover of legumes and perennial grasses and six hundred (600) trees or woody plants per acre distributed more or less uniformly over the area. No fifty-foot by fifty-foot (50' x 50') area shall contain fewer than seventeen (17) surviving trees or woody plants.

(n) Performance Bond Release

After the vegetative cover has been inspected and approved, the operator shall submit his final report to the Commissioner and request release of the remaining portion of the performance bond still in force. No revegetation performance bonds will be released until the approved revegetation plan has been carried out unless the Commissioner determines that further efforts toward revegetation are impractical. No revegetation plans will be considered to have been carried out until satisfactory coverage and survival have been obtained.

Notes

Tenn. Comp. R. & Regs. 0400-42-07-.04

Original rule filed March 15, 2013; effective June 13, 2013.

Authority: T.C.A. §§ 59-8-401 et seq. and 4-5-201 et seq.