Minnesota Administrative Rules
Agency 158 - Natural Resources Department
Chapter 6131 - PEAT MINING
PEATLAND RECLAMATION STANDARDS
Part 6131.0120 - SITE RESTORATION
Universal Citation: MN Rules 6131.0120
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Goals.
The mining area shall be progressively reclaimed so that it is nonpolluting, establishes a water system which is compatible with the surrounding regional water resource, has current land use value and future land use potential which recognizes the productivity of the site, and is maintenance-free to the maximum extent possible, unless an approved postmining management plan provides for maintenance.
Subp. 2. Requirements.
The requirements of site restoration are contained in items A to D:
A. The operator shall contact
the landowner to determine whether the landowner agrees to assume management
responsibility for a specific postmining land use including but not limited to
wildlife habitat, forest production, agriculture, or biomass production. If the
landowner does not agree to assume responsibility for postmining management,
then the operator shall comply with the site restoration requirements in item
B. If the landowner agrees to assume postmining management, the operator and
the landowner shall jointly develop a postmining management plan at the time of
application for or amendment to a permit to mine. The postmining management
plan shall:
(1) be compatible with
restoration goals;
(2) be
compatible with adjacent uses;
(3)
consider the needs of the area;
(4)
consider the productivity of the site;
(5) consider projected land use
trends;
(6) protect public health
and safety;
(7) avoid pollution of
air and water; and
(8) be
compatible with local land use plans and plans of the surface owners.
B. Within the mining area, all
mined peat surfaces, islands, littoral zones, and disturbed peat and mineral
surfaces such as ditches (excluding field ditches), dredge spoil, borrow pits,
plant sites, and auxiliary facilities shall be stabilized with vegetation.
(1) To ensure progressive reclamation, 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.
(2) During the fourth
and fifth year following initiation of revegetation, a vegetated reclaimed area
shall have a 75 percent live vegetative cover comprised of wetland or typical
peatland species that are either planted or naturally occurring. The vegetation
shall be self-sustaining, and either regenerating or in a stage of natural
succession. Cover estimates of revegetation shall be measured by standard
procedures approved by the commissioner for assessing ground cover and
productivity. Where this standard is not met, the surface shall be repaired as
necessary and replanted during the next normal planting period. No release
pursuant to part 6131.0250 shall be granted until the area has such
characteristics.
(3) Water levels
in open water areas shall be stable within five years following the cessation
of mining.
C. The amount
of peat that remains in a mine plot shall be dependent on the texture and type
of the underlying soil and the approved mining and reclamation plans.
D. Plans for water control shall be
implemented pursuant to part 6131.0170.
Statutory Authority: MS s 93.461
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