Louisiana Administrative Code
Title 43 - NATURAL RESOURCES
Part XV - Office of Conservation-Surface Mining
Subpart 5 - Permanent Program Performance Standards
Chapter 53 - Permanent Program Performance Standards: Surface Mining Activities
Section XV-5423 - Revegetation: Standards for Success
Universal Citation: LA Admin Code XV-5423
Current through Register Vol. 50, No. 9, September 20, 2024
A. Success of revegetation shall be judged on the effectiveness of the vegetation for the approved post-mining land use, the extent of perennial cover compared to the cover occurring in natural vegetation of the area, and the general requirements of §5417
1. Techniques for estimating cover shall be
chosen from the following.
a. Pin Method. In
the pin method, a pinpoint is lowered to the ground. If vegetation is
encountered, a hit is recorded. If bare ground is encountered, a miss is
recorded. Sample locations are distributed randomly throughout the area to be
measured. Percentage of cover is the number of hits divided by the total number
of points sampled. Each randomly placed pin is considered one sample
unit.
b. Point Frame Method. In the
point frame method, a group of pinpoints is lowered to the ground. If
vegetation is encountered, a hit is recorded. If bare ground is encountered, a
miss is recorded. Sample locations are distributed randomly throughout the area
to be measured. Percentage of cover is the number of hits divided by the total
number of points sampled. Each randomly placed frame is considered one sample
unit.
c. Line Intercept Method. The
sampling unit is a tape at least 100 feet long that is stretched from a random
starting point in a randomly selected direction. The procedure consists of
recording the length of tape underlain by vegetation, then dividing by the
total length of tape to obtain the percentage of cover. Each randomly located
tape is considered one sampling unit.
2. Techniques for estimating production shall
be chosen from the following.
a. Clipping. A
quadrat of appropriate size is randomly located within the area to be measured.
Plants within the volumetric vertical projection are clipped and retained. All
production samples shall be oven dried and weighed. The average oven-dried
weight per sample is then converted to a production amount for the entire
area.
b. Haying. A total harvest of
the area to be measured may be used to establish production. The area is cut at
a uniform height, the cuttings are windrowed and dried, and the air-dried hay
is baled. Randomly selected bales are weighed. These weights are converted to a
production amount for the entire area to be measured by multiplying the total
number of bales by the average weight of the bales sampled.
c. Double Sampling. Each randomly located
cluster is counted as one sampling unit. Plants will be clipped and reported by
life form.
3. Technique
for Estimating Live Stems Per Acre-Fixed Area Method. Sample locations are
randomly established. The live stems within a specified radius of the sample
point are counted. The average number of stems per plot is converted to stems
per acre by multiplying by the appropriate conversion factor for the radius of
the circle used.
4. Estimates of
the mean for particular parameters shall be statistically valid. Sample
adequacy shall be determined by the following formula:
Nmin = (t2s2)/(dx)2
where:
Nmin = the minimum number of observations needed;
t = 1.64 (the t table value for a double-tailed t test with infinite degrees of freedom at the 90 percent confidence level);
s2 = the sample standard deviation;
d = the level of precision for the estimate of the mean; and
x = the sample mean.
Minimum sample size shall be 10. Sample adequacy must be met for cover, production, and/or woody plant densities.
5. Standards for success shall include
criteria representative of unmined lands in the area being reclaimed to
evaluate the appropriate vegetation parameters of ground cover, production, or
stocking. Ground cover, production, or stocking shall be considered equal to
the approved success standard when they are not less than 90 percent of the
success standard. The sampling techniques for measuring success shall use a
90-percent statistical confidence interval (e.g., one-sided test with a 0.10
alpha error, two-sided test with a 0.05 alpha, etc.).
B. Standards for success shall be applied in accordance with the approved post-mining land use and shall be selected from the following.
1. For areas developed for use
as pastureland, the ground cover and production of living plants on the
revegetated area shall be at least equal to the standard for success selected
from the following methods.
a. Reference
Area. An area of at least 1 acre which will not be disturbed by mining and
which is used in a direct comparison with reclaimed areas. As stated in §105,
the reference area is to be maintained under appropriate management for the
purpose of measuring the referenced vegetative parameters, and should be
representative of the geology, soil, slope, and vegetation in the permit area.
i. Direct reference area comparisons are
appropriate for pastureland.
b. The Historic Record. A suitable database
for the historic record would consist of at least four growing seasons of data,
collected to achieve sample adequacy. The historic record shall be based on
vegetation data collected from premining areas or areas with plant communities
comparable (cover, production, density, diversity) to the disturbed area and
shall be established for each plant community or group of plant communities
that will be disturbed by mining. The mean value for each parameter for each
yearly sampling would be averaged to obtain an overall mean. This value would
then be established as the success standard.
c. Technical Documents. Standards established
by reference to technical documents of the USDA, USDI, or other authorities are
allowed when specifically approved by the office. The office should be
consulted prior to the use of this approach.
d. The criteria to be used by the office in
approving technical documents for use in determining success standards in
accordance with
§5423. B.1 b-c,
5423.B.2.b-c, or 5423.B.3.b-c are as follows:
i. the technical documents are published by
state or federal governmental agencies or educational institutions with a
recognized expertise in agronomics, rain sciences or related
disciplines;
ii. the technical
documents are applicable to the area in which the permittee's operations are
conducted;
iii. the technical
documents are generally available to the public and to the office;
and
iv. any technical document
submitted for approval shall be considered an amendment to Louisiana's approved
state program and shall be subject to the state program amendment
process.
e. The criteria
and procedures for determining ground cover and production success are found at
§5424
2. For areas
developed for use as grazingland, the ground cover and production of living
plants on the revegetated area shall be at least equal to the standard for
success selected from the following methods.
a. Reference Area. An area of at least 1 acre
which will not be disturbed by mining and which is used in a direct comparison
with reclaimed areas. As stated in §105, the reference area is to be maintained
under appropriate management for the purpose of measuring the referenced
vegetative parameters, and should be representative of the geology, soil,
slope, and vegetation in the permit area.
b. The Historic Record. A suitable database
for the historic record would consist of at least four growing seasons of data,
collected to achieve sample adequacy. The historic record shall be based on
vegetation data collected from premining areas or areas with plant communities
comparable (cover, production, density, diversity) to the disturbed area and
shall be established for each plant community or group of plant communities
that will be disturbed by mining. The mean value for each parameter for each
yearly sampling would be averaged to obtain an overall mean. This value would
then be established as the success standard.
c. Technical Documents. Standards established
by reference to technical documents of the USDA, USDI, or other authorities are
allowed when specifically approved by the office. The office should be
consulted prior to the use of this approach.
3. For areas developed for use as cropland,
crop production on the revegetated area shall be at least equal to the standard
for success selected from the following methods.
a. Reference Area. An area of at least 1 acre
which will not be disturbed by mining and which is used in a direct comparison
with reclaimed areas. As stated in §105, the reference area is to be maintained
under appropriate management for the purpose of measuring the referenced
vegetative parameters, and should be representative of the geology, soil,
slope, and vegetation in the permit area.
b. The Historic Record. A suitable database
for the historic record would consist of at least four growing seasons of data,
collected to achieve sample adequacy. The historic record shall be based on
vegetation data collected from premining areas or areas with plant communities
comparable (cover, production, density, diversity) to the disturbed area and
shall be established for each plant community or group of plant communities
that will be disturbed by mining. The mean value for each parameter for each
yearly sampling would be averaged to obtain an overall mean. This value would
then be established as the success standard.
c. Technical Documents. Standards established
by reference to technical documents of the USDA, USDI, or other authorities are
allowed when specifically approved by the office. The office should be
consulted prior to the use of this approach.
4. For areas developed for forestry, the
ground cover and live stems per acre on the revegetated area shall be at least
equal to the following standard for success.
a. At the time of final bond release there
shall be 450 well-distributed free-to-grow live pine trees of the same age per
acre or 250 well-distributed free-to-grow live hardwood trees of the same age
per acre. Countable stems shall have utility for the approved post-mining land
use, be healthy, and be a minimum of three years old. This standard has been
developed after consultation and approval by the Louisiana Department of
Agriculture and Forestry.
Free-to-Grow-pine seedlings or saplings without significant hardwood competition. Competing vegetation shades the pine's crown on less than 30 percent of the crown's circumference and the pines are judged to have better than a 90 percent chance of capturing a place in the crown canopy.
(a). This standard has
been developed after consultation and approval by the Louisiana Department of
Agriculture and Forestry.
(b).
Vegetative ground cover shall not be less than 70 percent. This standard has
been developed after consultation and approval by the Louisiana Department of
Agriculture and Forestry.
Well-Distributed- uniform stocking levels over an entire planting site.
5. For areas developed for residential use,
the vegetative ground cover shall not be less than 70 percent.
6. For areas developed for
industrial/commercial use, the vegetative ground cover shall not be less than
70 percent.
7. For areas developed
for recreation use, the vegetative ground cover shall not be less than 70
percent. The planting success standard for trees and shrubs will be established
after consultation and approval by the Louisiana Department of Wildlife and
Fisheries on a permit-specific basis. Trees and shrubs that will be used in
determining the success of stocking and the adequacy of the plant arrangement
shall have utility for the approved post-mining land use. At the time of bond
release, at least 80 percent of the trees and shrubs shall have been in place
for 60 percent of the five-year responsibility period. Trees and shrubs counted
in determining such success shall be healthy and in place for not less than two
growing seasons.
8. For areas
developed for fish and wildlife habitat, the vegetative ground cover shall not
be less than 70 percent. The planting success standard for trees and shrubs
will be established after consultation and approval by the Louisiana Department
of Wildlife and Fisheries on a permit-specific basis. Trees and shrubs that
will be used in determining the success of stocking and the adequacy of the
plant arrangement shall have utility for the approved post-mining land use. At
the time of bond release, at least 80 percent of the trees and shrubs shall
have been in place for 60 percent of the five-year responsibility period. Trees
and shrubs counted in determining such success shall be healthy and in place
for not less than two growing seasons.
a. The
criteria and procedures for determining ground cover and stocking success are
found at §5425
9. For
areas with a post-mine designation of undeveloped, the vegetative ground cover,
production or stocking shall be comparable to the standard for success for the
highest and best managed land use that area is capable of supporting based on
the information required by
§2533. A.2 a
10. For areas previously disturbed by mining
that were not reclaimed to the requirements of this Subpart and that are
remined or otherwise redisturbed by surface coal mining operations, the
vegetative ground cover shall be, at a minimum, not less than the ground cover
existing before redisturbance and shall be adequate to control
erosion.
C.
1. The period of extended responsibility for
successful revegetation shall begin after the last year of augmented seeding,
fertilizing, irrigation or other work, excluding husbandry practices that are
approved by the office in accordance with
§5423. C 3
2. In areas of more than 26.0 inches of
annual average precipitation, the period of responsibility shall continue for a
period of not less than five full years. Vegetation parameters identified in
§5423. B for grazing
land or pasture land and cropland shall equal or exceed the approved success
standard during the growing seasons of any two years of the responsibility
period, except the first year. Areas approved for the other uses identified in
§5423. B shall equal or
exceed the applicable success standard during the growing season of the last
year of the responsibility period.
3. The office may approve selective husbandry
practices, excluding augmented seeding, fertilization or irrigation, provided
it obtains prior approval from the director in accordance with
30 CFR
732.17 that the practices are normal
husbandry practices, without extending the period of responsibility for
revegetation success and bond liability, if such practices can be expected to
continue as part of the post-mining land use or if discontinuance of the
practices after the liability period expires will not reduce the probability of
permanent revegetation success. Approved practices shall be normal husbandry
practices within the region for unmined lands having land uses similar to the
approved post-mining land use of the disturbed area, including such practices
as disease, pest and vermin control; and any pruning, reseeding or
transplanting specifically necessitated by such actions.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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