Sec. 59.
(a) Success
of revegetation is judged on the following:
(1) The effectiveness of the vegetation for
the approved postmining land use.
(2) The extent of cover compared to the cover
occurring in natural vegetation in the area.
(3) The general requirements of section 54 of
this rule.
(b) Ground
cover, production, and stocking are satisfactory if they are not less than
ninety percent (90%) of the success standard as determined by the sampling
techniques under section 60 of this rule and the statistical methodology under
section 61 of this rule.
(c)
Standards for success are applied under the approved postmining land use and
must include the following conditions:
(1) For
a previously mined area that was not reclaimed under sections 1 through 58 of
this rule, this section, and sections 60 through 148 of this rule, the ground
cover of living plants shall be as follows:
(A) Not less than can be supported by the
best available topsoil or other suitable material in the reaffected
area.
(B) Not less than the cover
existing before redisturbance.
(C)
Adequate to control erosion.
(2) For an area to be developed for an
industrial/commercial or a residential use less than two (2) years after
regrading is completed, the ground cover of living plants shall be not less
than what is required to control erosion.
(3) For pastureland, the ground cover success
standard shall be one hundred percent (100%). In addition, the production of
living plants on the revegetated area shall be equal to one (1) of the
following:
(A) An approved reference
area.
(B) Current Natural Resources
Conservation Service predicted yield by soil map unit. If this method is used,
the standard for success shall be a weighted average of the predicted yields
for each unmined soil type that existed on the permit area at the time the
permit was issued.
(C) A target
yield determined by the following formula:
Target Yield = NRCS Target Yield × (CCA/10 Year
CA)
Where: NRCS Target Yield = The average yield per acre, as
predicted by the Natural Resources Conservation Service, for the crop and the
soil map units being evaluated. The most current yield information at the time
of permit issuance shall be used and shall be contained in the appropriate
sections of the permit application.
CCA = The county average for the crop for the year being
evaluated as reported by the United States Department of Agriculture crop
reporting service, the Indiana Agricultural Statistics Service.
10 Year CA = The 10 year Indiana Agricultural Statistics
Service county average, consisting of the year being evaluated and the 9
preceding years.
(D) Other
methods approved by the director.
(E) The method for establishing the standard,
once selected, may not be modified without the approval of the
director.
(4) For an
area to be developed as a shelter belt, a fish and wildlife habitat,
recreation, or forestry land use, the success of vegetation is determined on
the basis of tree, shrub, or half-shrub stocking and ground cover. The area
seeded to a ground cover is not acceptable unless the director determines the
ground cover is adequate to control erosion. Stocking rates are those in the
approved permit reclamation plan and are not less than the following:
(A) For a forestry use, four hundred fifty
(450) plantings per acre or such stocking rate and species approved in the
reclamation plan for a specific forest reclamation approach.
(B) A rate appropriate to support a shelter
belt or a land use (other than forestry) described in this subsection. The rate
established under this clause may be adjusted for particular areas within a
shelter belt or land use in order to support a diverse wildlife habitat if the
adjusted rate is approved in the plan of reclamation and will not result in
erosion.
(5) For an area
to be used as cropland, crop production on the revegetated area must be at
least equal to one (1) of the following:
(A)
An approved reference area.
(B)
Current Natural Resources Conservation Service predicted yield by soil map
unit. If this method is used, the standard for success shall be a weighted
average of the predicted yields for each unmined soil type that existed on the
permit area at the time the permit was issued.
(C) A target yield determined by the
following formula:
Target Yield = CCA × (NRCSP/NRCSC)
Where: CCA = The county average for the crop for the year
being evaluated as reported by the United States Department of Agriculture crop
reporting service, the Indiana Agricultural Statistics Service.
NRCSP = The weighted average of the current Natural Resources
Conservation Service predicted yield for each croppable, unmined soil that
existed on the permit area at the time the permit was issued.
NRCSC = The weighted average of the current Natural Resources
Conservation Service predicted yield for each croppable, unmined soil that is
shown to exist in the county on the most current county soil survey.
A croppable soil is any soil that the Natural Resources
Conservation Service has defined as being in capability Class I, II, III, or
IV.
(D) Other methods
approved by the director.
(E) The
method for establishing the standard, once selected, may not be modified
without the approval of the director.
(6) A crop grown to demonstrate satisfaction
of the requirements of subdivision (5) must be one (1) or more of the crops
listed in
312 IAC
25-1-33 and as specified in the reclamation plan. An
adjustment to predicted crop yields may be made according to accepted agronomic
practices, after consultation with the Natural Resources Conservation Service
or other sources approved by the director for factors, including:
(A) disease;
(B) weather;
(C) tillage management;
(D) pests; and
(E) seed or plant selection.
(7) The aggregate of the barren
areas within an area under evaluation must not exceed five percent (5%) of the
area. Revegetation is not successful unless each barren area within an area
under evaluation is as follows:
(A) Smaller
than seven hundred fifty (750) square feet.
(B) Completely surrounded by desirable
vegetation.
(C) In compliance with
sections 11 and 50 of this rule.
(d) A single reference area may be used for
more than one (1) permit area if the requirements of this subsection are met
with respect to each permit area. A reference area used to establish success
standards under this section must meet the following requirements:
(1) If the area to be represented contains
more than fifty (50) acres, the reference area shall contain at least five (5)
acres unless the director approves a smaller area. If the area to be
represented contains less than fifty (50) acres, the reference area shall be
the greater of:
(A) ten percent (10%) of the
area to be represented; or
(B) one
(1) acre.
(2) Each
reference area shall be representative of the:
(A) geology;
(B) soils;
(C) slopes; and
(D) vegetation;
of the area to be represented.
(3) Management of the reference area shall be
identical to the area to be represented.
(4) Each reference area must be located
within twenty (20) miles of the area to be represented.
(5) Right-of-entry on the reference area for
the authorized representatives of the director must be secured by written
agreement or consent for the entire period in which the reference area will be
used.
(e) In determining
the period of responsibility under
312 IAC
25-5-7, the director may approve selective husbandry
practices (except for augmented seeding, fertilization, or irrigation) without
extending the period of responsibility for revegetation success and bond
liability if:
(1) the selective husbandry
practices can be expected to continue as part of the postmining land use;
or
(2) discontinuance of the
practices after the liability period will not reduce the probability of
permanent revegetation success.
(f) Selective husbandry practices that may be
approved under subsection (e) are normal conservation practices within the
region for unmined lands having land uses similar to the approved postmining
land use of the disturbed area and may include the following:
(1) Disease, pest, and vermin
control.
(2) Repair of rills and
gullies.
(3) Pruning, reseeding, or
transplanting specifically necessitated by these practices.
(g) The success standards
identified in subsection (c) shall be met during the growing seasons of any two
(2) years of the responsibility period, except the first year, for cropland or
pastureland. The success standards for any other land use are measured by the
last year of the responsibility period.
