Current through Register Vol. 35, No. 18, September 24, 2024
19.8.20.2066 NMAC sets forth forest resource conservation
standards for reforestation operations to ensure that a cover of commercial
tree species, noncommercial tree species, shrubs, or half-shrubs is established
for the development of fish and wildlife habitat, recreation, shelterbelts or
forestry after surface coal mining operations. Trees and shrubs used in
determining the success of stocking and the adequacy of plant arrangement shall
have utility for the approved postmining land use.
A. At a minimum, at the time of final bond
release, at least 80 percent of all trees and shrubs used to determine
revegetation success has been in place for at least 60 percent of the
applicable minimum period of responsibility.
B. Stocking, i.e., the number of stems per
unit area, will be determined using the following criteria:
(1) root crown or root sprouts more than 1
foot in height shall count as one toward meeting the stocking requirements;
where multiple stems occur only the tallest stem will be counted;
(2) a countable tree or shrub means a tree
that can be used in calculating the degree of stocking under the following
criteria:
(a) the tree or shrub shall be in
place at least 2 growing seasons;
(b) the tree or shrub shall be alive and
healthy; and
(c) the tree or shrub
shall have at least one-third of its length in live crown;
(3) rock areas, which replace similar natural
features, permanent road and surface water drainage ways on the revegetated
area shall not require stocking.
C. The following are the minimum performance
standards for areas where commercial forest land is the approved postmining
land use:
(1) the area shall have a minimum
stocking of trees or shrubs as determined by the state forester on a permit
specific basis;
(2) a minimum of 75
percent of countable trees or shrubs shall be commercial tree
species;
(3) the number of trees or
shrubs and the ground cover shall be determined using procedures described in
Subparagraph (d) of Paragraph (5) of Subsection B of
19.8.20.2065
NMAC and Subsection B of 19.8.20.2066 NMAC and the sampling methods approved by
the director;
(4) upon expiration
of the 5 or 10 year responsibility period and at the time of request for bond
release, each permittee shall provide documentation showing that the stocking
of trees and shrubs and the groundcover on the revegetated area satisfies
19.8.20.2065 and 2066 NMAC.
D. The following are the minimum performance
standards for areas where woody plants are used for wildlife management,
recreation, shelter belts, or forest uses other than commercial forest land:
(1) an inventory of trees, half-shrubs and
shrubs shall be conducted to comply with
19.8.8.808
NMAC and
19.8.20.2060
NMAC according to methods approved by the director after consultation with and
approval by the state forester and the department of game and fish; this
inventory shall contain, but not be limited to:
(a) site quality;
(b) stand size;
(c) stand condition;
(d) site and species relations; and
(e) appropriate forest land utilization
considerations.
(2) the
stocking of trees, half-shrubs, shrubs, and the ground cover established on the
revegetated area shall approximate the inventory pursuant to Subparagraph (d)
of Paragraph (5) of Subsection B of
19.8.20.2065
NMAC and Paragraph (1) of Subsection D of 19.8.20.2066 NMAC and shall utilize
local and regional recommendations regarding species composition, spacing and
planting arrangement and shall be approved the director in consultation with
and approval of the appropriate state agency responsible for the administration
of forestry and wildlife programs, on a permit specific basis;
(3) upon expiration of the 5 or 10 year
responsibility period and at the time of request for bond release, each
permittee shall provide documentation showing that:
(a) the woody plants established on the
revegetated site are equal to or greater than 90 percent of the stocking of
live woody plants of the same life form ascertained pursuant to Subsection B of
19.8.20.2066 NMAC with 90 percent statistical confidence, using an appropriate
(parametric or nonparametric) one-tail test with a 10 percent alpha error;
and
(b) the groundcover on the
revegetated area satisfies Subparagraph (d) of Paragraph (5) of Subsection B of
19.8.20.2065
NMAC; species diversity, aspection and regenerative capacity of the vegetation
of the revegetated area shall be evaluated on the basis of the results which
could reasonably be expected using the revegetation methods described in the
mining and reclamation plan.
