Current through Register Vol. 35, No. 24, December 23, 2024
A. General.
(1) The permittee shall establish on all land
that has been disturbed, a diverse, effective and permanent vegetative cover of
species native to the area of disturbed land or species that will support the
planned postmining uses of the land approved according to Section 715.13. For
areas designated as prime farmland, the reclamation procedures of Section 716.7
shall apply.
(2) Revegetation shall
be carried out in a manner that encourages a prompt vegetative cover and
recovery of productivity levels compatible with approved land uses. The
vegetative cover shall be capable of stabilizing the soil surface with respect
to erosion. All disturbed lands, except water areas and surface areas of roads
that are approved as a part of the postmining land use, shall be seeded or
planted to achieve a vegetative cover of the same seasonal variety native to
the area of disturbed land. If both the pre-and postmining land use is
intensive agriculture, planting of the crops normally grown will meet the
requirement. Vegetative cover will be considered of the same seasonal variety
when it consists of a mixture of species of equal or superior utility for the
intended land use when compared with the utility of naturally occurring
vegetation during each season of the year.
(3) On federal lands, the surface management
agency shall be consulted for approval prior to revegetation regarding what
species are selected, and following revegetation, to determine when the area is
ready to be used.
B. Use
of introduced species. Introduced species may be substituted for native species
only if appropriate field trials have demonstrated that the introduced species
are of equal or superior utility for the approved postmining land use, or are
necessary to achieve a quick, temporary and stabilizing cover. Such species
substitution shall be approved by the regulatory authority. Introduced species
shall meet applicable state and federal seed or introduced species statutes,
and shall not include poisonous or potentially toxic species.
C. Timing of revegetation. Seeding and
planting of disturbed areas shall be conducted during the first normal period
for favorable planting conditions after final preparation. The normal period
for favorable planting shall be that planting time generally accepted locally
for the type of plant materials selected to meet specific site conditions and
climate. Any disturbed areas, except water areas and surface areas of roads
that are approved under Section 715.13 as part of the postmining land use,
which have been graded shall be seeded with a temporary cover of small grains,
grasses or legumes to control erosion until an adequate permanent cover is
established. When rills or gullies, that would preclude the successful
establishment of vegetation or the achievement of the postmining land use, form
in regraded topsoil and overburden materials as specified in Section 715.14,
additional regrading or other stabilization practices will be required before
seeding and planting.
D. Mulching.
Mulch shall be used on all regraded and topsoiled areas to control erosion, to
promote germination of seeds and to increase the moisture retention of the
soil. Mulch shall be anchored to the soil surface where appropriate, to ensure
effective protection of the soil and vegetation. Mulch means vegetation
residues or other suitable materials that aid in soil stabilization and soil
moisture conservation, thus providing micro-climatic conditions suitable for
germination and growth, and do not interfere with the postmining use of the
land. Annual grains such as oats, rye and wheat may be used instead of mulch
when it is shown to the satisfaction of the regulatory authority that the
substituted grains will provide adequate stability and that they will later be
replaced by species approved for the postmining use. Where supplemental
irrigation is required by the regulatory authority during the initial plant
establishment period, if the operator can prove to the satisfaction of the
regulatory authority that permanent revegetation equal to or better than that
which would result from the use of mulch will result, the requirement for mulch
may be eliminated if approved by the regulatory authority.
E. Methods of revegetation.
(1) The permittee shall use technical
publications or the results of laboratory and field tests approved by the
regulatory authority to determine the varieties, species, seeding rates and
soil amendment practices essential for establishment and self-regeneration of
vegetation. The regulatory authority shall approve species selection and
planting plans.
(2) Where hayland,
pasture or range is to be the postmining land use, the species of grasses,
legumes, browse, trees or forbes for seeding or planting and their pattern of
distribution shall be selected by the permittee to provide a diverse, effective
and permanent vegetative cover with the seasonal variety, succession,
distribution and regenerative capabilities native to the area. Livestock
grazing will not be allowed on reclaimed land until the seedlings are
established and can sustain managed grazing. The regulatory authority in
consultation with the permittee and the landowner or in concurrence with the
governmental land-managing agency having jurisdiction over the surface, shall
determine when the revegetated area is ready for livestock grazing.
(3) Where forest is to be the postmining land
use, the permittee shall plant trees adapted for local site conditions and
climate. Trees shall be planted in combination with an herbaceous cover of
grains, grasses, legumes, forbs or woody plants to provide a diverse, effective
and permanent vegetation cover with the seasonal variety, succession and
regeneration capabilities native to the area.
(4) Where wildlife habitat is to be included
in the postmining land use, the permittee shall consult with appropriate State
and Federal wildlife and land management agencies and shall select those
species that will fulfill the needs of wildlife, including food, water, cover
and space. Plant groupings and water resources shall be spaced and distributed
to fulfill the requirements of wildlife.
F. Standards for measuring success of
revegetation.
(1) Success of revegetation
shall be measured on the basis of reference areas approved by the regulatory
authority. Reference areas mean land units of varying size and shape identified
and maintained under appropriate management for the purpose of measuring ground
cover, productivity and species diversity that are produced naturally. The
reference areas must be representative of geology, soils slope, aspect and
vegetation in the permit area. Management of the reference area shall be
comparable to that which will be required for the approved postmining land use
of the area to be mined. The regulatory authority shall approve the estimating
techniques that will be used to determine the degree of success in the
revegetated area.
(2) The ground
cover of living plants on the revegetated area shall be equal to the ground
cover of living plants of the approved reference area for a minimum of two
growing seasons. The ground cover shall not be considered equal if it is less
than 90 percent of the ground cover of the reference area for any significant
portion of the mined area. Exceptions may be authorized by the regulatory
authority for:
(a) Previously mined areas
that were not reclaimed to the standards required by this chapter prior to the
effective date of these regulations. The ground cover of living plants for such
areas shall not be less than required to control erosion, and in no case less
than that existing before redisturbance;
(b) Areas to be developed immediately for
industrial or residential use. The ground cover of living plants shall not be
less than required to control erosion. As used in this paragraph, immediately
means less than 2 years after regrading has been completed for the area to be
used; and
(c) Areas to be used for
agricultural cropland purposes. Success in revegetation of cropland shall be
determined on the basis of crop production from the mined area compared to the
reference area. Crop production from the mined area shall be equal to that of
the approved reference area for a minimum of two growing seasons. Production
shall not be considered equal if it is less than 90 percent of the production
of the reference area for any significant portion of the mined area.
(3) Species diversity,
distribution, seasonal variety, and vigor shall be evaluated on the basis of
the results which could reasonably be expected using the methods of
revegetation approved under Paragraph (e) [now Subsection E of
19.8.36.32 NMAC] of this
Section.
G. Seeding of
stockpiled topsoil. Topsoil stockpiled in compliance with Section 715.16 must
be seeded or planted with an effective cover of nonnoxious, quick growing
annual and perennial plants during the first normal period for favorable
planting conditions or protected by other approved measures as specified in
Section 715.16.
