Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Location of vegetation.
Vegetation shall be established on the following:
A. surface overburden stockpiles;
B. exposed soils along diversion channels and
roads;
C. cuts, pits, trenches, and
other areas disturbed during the process of obtaining borrow materials or bulk
samples, except those entirely included in larger mining landforms;
D. benches and tops of rock and lean ore
stockpiles;
E. tailings
basins;
F. dikes and
dams;
G. exposed soils adjacent to
water reservoirs;
H. areas exposed
or disturbed during deactivation procedures such as building sites, parking
lots, pipeline routes, storage areas, transmission routes, and roads not used
for subsequent access;
I. surface
overburden portions of pitwalls;
J.
buffers and barriers; and
K.
subsided areas not permanently covered by water.
Subp. 2.
Other vegetative
measures.
Other vegetative measures shall be undertaken, as necessary,
to:
A. control access to pits and
other hazardous areas, for safety purposes;
B. control wind erosion, provide buffering
and enhance the establishment of approved specific subsequent uses, through the
development plant communities with specific density and composition;
C. control dust on temporarily inactive
tailings basins to which the nonvegetative methods prescribed pursuant to part
6130.3700 are not being applied;
D.
provide aesthetic and compatible areas on rock, lean ore, and coarse tailings
stockpile slopes, within one-fourth mile of residential and designated public
use areas, except designated trails; and
E. control the quality of water which would
otherwise contact rapidly decomposable material or material subject to
leaching.
Subp. 3.
Timing and techniques of vegetation establishment.
The establishment of vegetation shall be initiated during the
first normal planting period following the point when according to the permit
to mine, a surface, structure, facility, or element is no longer scheduled to
be disturbed or used in a manner that would interfere with the establishment
and maintenance of vegetation, or after it has otherwise been required, using
techniques such as grading, disking, or chisel plowing to reduce compaction,
seeding or planting, fertilizing, mulching, and irrigating.
Subp. 4.
Vegetation standards.
The following standards apply to the areas listed in subpart
1:
A. After three growing seasons
following the point when according to the permit to mine, a surface, structure,
facility, or element is no longer scheduled to be disturbed or used in a manner
that would interfere with establishment and maintenance of vegetation, a 90
percent ground cover, consisting of living vegetation and its litter, shall
exist on all areas, except slopes which primarily face south and west. Such
sloped areas shall attain the 90 percent ground cover requirement within five
growing seasons following the point when initiation of vegetation is required.
Where this standard is not met, or where unvegetated rills or gullies more than
nine inches deep form and erosion is occurring, the surface shall be repaired
and replanted during the next normal planting period.
B. Within ten growing seasons after the point
when according to the permit to mine, a surface, structure, facility, or
element is no longer scheduled to be disturbed or used in a manner that would
interfere with the establishment and maintenance of vegetation, an area shall
have a vegetative community with characteristics similar to those in an
approved reference area. The vegetation on a reference area may be either
planted or naturally occurring. For the purpose of controlling erosion, it
shall be self-sustaining, regenerating, or a stage in a recognized vegetation
succession which provides wildlife habitat or other uses such as pasture or
timber land. Reference areas must be representative of the site conditions and
possible uses which might exist on mining landforms. No release pursuant to
part 6130.5400 shall be granted until the area has such
characteristics.
Statutory Authority: MS s
93.47
