W. Va. Code R. § 38-3-10 - Revegetation and Standards for Evaluating Vegetative Cover

10.1. General Requirements. -- Each operator shall establish on all regraded areas and all other disturbed areas a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of disturbed land, or introduced species that are compatible with the approved postmining land use.

10.2. Objective in Revegetation. -- The objective in revegetation is to quickly establish a vegetative cover on all disturbed areas to minimize erosion, provide economic benefits, and restore aesthetic appeal. Plants that will give a quick permanent cover and enrich the soil shall be given priority. A temporary or permanent cover should be established by the end of the first growing season, and a permanent cover by the end of the second growing season. All plants shall be considered a tool in achieving stabilization and an appropriate land use objective.

10.3. Seeding and Planting.

10.3.a. Seasonal Feasibility. -- Appropriate vegetation shall be planted, seeded, aerial-seeded, or hydro-seeded in accordance with accepted agricultural and reforestation practices when the season is favorable for seed germination and plant survival, except as otherwise specified in this rule.

10.3.b. Minesoil Characteristics. -- Quarrying of minerals and removal of overburden results in minesoil which varies greatly in fertility, acidity and stoniness. These three (3) characteristics, together with steepness of slope, shall be used in determining characterization for the purpose of establishing vegetation. Premining overburden sampling and analysis or previous experience and correlation data, shall be submitted with the quarrying and reclamation plan for all acid-producing overburden or minerals. The plan shall identify acid strata and provide planned handling and final placement for acid strata. Overburden analysis shall be in accordance with standard procedures outlined in Environmental Protection Agency Manual No. 600/2-78-054 (Field & Laboratory Methods Applicable to Overburdens and Minesoils), or other approved methods by the Department of Environmental Protection.

10.3.c. Function of Temporary Cover Crops. -- On areas where excessive erosion is likely to occur, rapid establishment of vegetative cover shall be required. Seeding of annuals and biennials on such areas shall be considered as a means for achieving temporary vegetative cover only and not acceptable in the achievement of permanent cover. See Table Five.

10.3.d. Development of Planting Plan. -- Planting plans shall be a part of the quarrying and reclamation plan. The plan, when appropriate, shall include the following information:

10.3.d.1. Tests for minesoil acidity, expressed as pH, shall be taken at points distributed uniformly over the disturbed area. Minesoil tests may be made with accepted field indicators or other approved techniques. Minesoils with chemical characteristics that could restrict vegetation establishment and growth shall be analyzed by an approved soils laboratory;

10.3.d.2. Treatment to neutralize acidity;

10.3.d.3. Mechanical seed bed preparation;

10.3.d.4. Rate and analysis of fertilization;

10.3.d.5. Rates and types of mulch;

10.3.d.6. Perennial vegetation including herbaceous and woody plants where appropriate, rate and species;

10.3.d.7. Areas to be planted or seeded to trees and shrub;

10.3.d.8. Land use objective; and

10.3.d.9. Maintenance schedule if appropriate.

10.3.e. Concurrent Revegetation. -- Seeding shall be concurrent with the operation as quarrying and reclamation progresses. The final spring planting date shall be May fifteenth. The final fall planting date shall be September fifteenth. The Secretary may establish alternate final planting dates for the spring and fall planting seasons based upon weather or other conditions.

10.3.f. Plant Material Selection and Treatment.

10.3.f.1. Specifications. -- All planting plans for woody vegetation shall include provisions for herbaceous cover using a suitable mixture from Table One (1). The following specifications should govern the selection and establishment of seeds and plants used in the revegetation of surface minesoil and based upon the following capability class:

10.3.f.1.A. On favorable minesoil material, prepared for perennial cover crop use, non-stoney and with pH 5.5 or higher, one of the following mixtures should be used:

10.3.f.1.A.1. Seed mixtures one (1), two (2), three (3), four (4), or five (5) from Table one, of this rule should be applied where annual maintenance treatment is assured. Mixture four (4) should be applied where the graded portion of minesoil is to be used as a firebreak or occasionally as a haulageway;

10.3.f.1.A.2. Establishment of grass, legume or perennial grass cover crop shall require the following treatment:

10.3.f.1.A.2.(a) Inoculation of legume seed with proper strain;

10.3.f.1.A.2.(b) Triple inoculation rate if hydro-seeded;

10.3.f.1.A.2.(c) Protection of seeded minesoil area from grazing livestock;

10.3.f.1.A.2.(d) Application of lime to pH 6.0 for mixture four (4), to pH 6.5 to 7.0 for all other mixtures;

10.3.f.1.A.2.(e) Application of fertilizer shall be based on a minesoil test for lime, phosphorus, and potash from a soils lab or shall be a minimum of two-hundred (200) lbs./acre, ammonium nitrate and two-hundred (200) lbs./acre triple super phosphate or equivalent;

10.3.f.1.A.2.(f) Preparation of seed bed by harrowing, discing or other approved methods; and

10.3.f.1.A.2.(g) Completion of fall seeding for legumes should be completed by September 1.

10.3.f.1.A.3. Maintenance of cover crop shall be carried out by the operator until the cover crop is adjudged by the Secretary to be satisfactorily established and may require the following treatment:

10.3.f.1.A.3.(a) Maintain pH 6.5-7.0 for Mixture one (1);

10.3.f.1.A.3.(b) Maintain pH 6.0-6.5 for Mixture two (2), three (3), four (4), and six (6);

10.3.f.1.A.3.(c) Maintain pH 5.5-6.0 for Mixture four (4); and

10.3.f.1.A.3.(d) Top dress every two (2) years with four-hundred (400) lbs. per acre 0-20-20 for Mixture five (5).

10.3.f.1.B. On favorable minesoil material prepared for woodland and wildlife use, any one mixture from Table two (2) of this rule, along with proportions and treatment prescribed for it, should be selected for use in the direct seeding of herbaceous species and planting of trees and seedlings.

10.3.f.1.B.1. Establishment of plant growth for woodland cover on favorable minesoil material prepared for woodland and wildlife use should require the following:

10.3.f.1.B.1.(a) Spring planting of seedlings not later than May 1^st and preferably before April 15^th; and

10.3.f.1.B.1.(b) Spacing of shrubs and all trees in a pattern eight feet (8') by eight feet (8') apart of six hundred-eighty (680) trees per acre.

10.3.f.1.B.2. Establishment of crown vetch-rye grass or clover-tall Fescue mixtures for wildlife cover may be done in accordance with paragraph 10.3.f.1.A.2 of this rule.

10.3.f.1.C. On moderately favorable minesoil material, prepared for woodland and wildlife use, with pH 5.5 and above, graded but stoney, on moderate to steep slopes, non-stoney and stoney, one of the mixtures with specified proportion and treatment from Table three (3), of this rule should be used:

10.3.f.1.C.1. Over seeding on moderate to steep slopes on tree planting sites shall be carried out on minesoil in order to prevent siltation, established ground cover and minimize erosion. Seed one of the mixtures from Table one (1); and

10.3.f.1.C.2. Establishment of plant growth shall require inoculation of legume seed with proper strain, and shall be protected from grazing by livestock. Triple inoculation rate if hydroseeding.

10.3.f.1.D. On favorable minesoil material prepared for woodland and wildlife use, which includes all extremely steep and/or stony minesoil, one of the mixtures with specified proportions and treatment from Table three (3) of this rule shall be used:

10.3.f.1.D.1. Establishment of plant growth should require:

10.3.f.1.D.1.(a) Broadcasting Mixture one (1) and three (3) before May 1st and frost seeding mixture two (2) by early March; and

10.3.f.1.D.1.(b) Black locust seed must be seventy percent (70%) or more viable. All legumes must be inoculated and must be protected from grazing by livestock. Triple inoculation rate if hydroseeding. Mixture No. one (1) of Table three (3), should be used for extremely stoney areas when tested acidity indicated a pH of 4.0 or better.

10.3.f.1.E. Other species of trees, shrubs, grasses, legumes or vines may be approved by the Secretary.

10.3.g. Mulch Specifications. -- Mulch shall be used on all disturbed areas. Annual grains such as oats, rye, wheat, etc. may be used instead of mulch when it is shown to the satisfaction of the Secretary that the substituted grains will provide adequate stability, and that they will be replaced by species approved for the post mining land use. Approved materials and minimum rates to be applied are as follows:

Material:	Rate/Acre:
Straw or hay	1 - 2 tons material may be anchored with asphalt emulsion or other techniques approved by the director.
Wood fiber or wood cellulose products	1,000 lbs.
Shredded Bark	50 cubic yards

10.3.h. Standards for Evaluating Vegetative Cover.

10.3.h.1 Final Planting Report. -- A planting report shall be prepared by the operator and filed with the Secretary on the prescribed form upon application for a release of the bond or contributions to the Bond Pooling Fund. All planting reports shall be certified by the operator or by the party with which the operator contracted for planting.

10.3.h.2. Time for Inspection. -- The operator shall review all areas under permit prior to the recognized spring and fall planting seasons. The operator shall cause those areas deficient of vegetative cover to be retreated to establish a satisfactory stand of vegetation. For purposes of bond release, the vegetation must survive two (2) growing seasons or twenty-four (24) months and must meet the following standards:

10.3.h.2.A. Standards for Perennials. -- Standards for legumes and perennial grasses shall require at least an eighty percent (80%) ground cover. Substandard areas shall not exceed one-fourth (1/4) acre (100' X 100') in size nor total more than twenty percent (20%) of the area seeded.

10.3.h.2.B. Standards for Woody Plants with Perennials. -- Standards for woody plants with legumes and perennial grasses overseeded shall require a sixty percent (60%) establishment of ground cover of legumes and perennial grasses, and four hundred (400) trees (including volunteer tree species) and/or planted shrubs per acre, comprising a satisfactory vegetative ground cover as determined by the Secretary. Substandard areas shall not exceed one-fourth (1/4) acre (100' X 100') in size not total more than twenty percent (20%) of the area seeded or planted.

10.3.h.2.C. For areas developed for industrial, commercial, residential or public use less than two (2) years after reclamation is completed, the requirements of subparagraph 10.3.h.2.A. and B. of this section do not apply. The ground cover of living plants shall not be less than required to control erosion. When the permittee has demonstrated that the proposed post quarrying land use will be accomplished, the Secretary may release the bond or the operator's contributions to the bond pooling fund.

10.4. The permittee shall protect all vegetated areas from excessive grazing.

Notes

W. Va. Code R. § 38-3-10