Current through Register Vol. 35, No. 18, September 24, 2024
A. If the fugitive dust control permit
includes provisions to revegetate a disturbed area, the permittee may use the
specifications described in 20.11.20.24 NMAC. When properly applied and
maintained, these specifications have provided reasonably successful results in
the past in Bernalillo county. They are included here as a reference for
permittees and others who choose to use native revegetation as a long-term
reasonably available control measure. However, use of these specifications does
not guarantee success. Failure of any revegetation method as a long-term
reasonably available control measure requires re-application or other control
method approved by the department. The disturbed area shall maintain compliance
with 20.11.20 NMAC.
(1) The native
seedspecies used and rate of application should be as provided in Subsection F
of 20.11.20.24 NMAC.
(a) If the area to be
seeded is along a recreational trail of any type, the seed mixes for either
type of soil listed in Subsection F of 20.11.20.24 NMAC should not include
four-wing saltbush and the seeding rate should be reduced by one pound per
acre.
(b) Seeds may be pre-mixed by
a seed dealer. Each pre-mixed bag of seed should be sealed and labeled by the
seed dealer in accordance with federal seed laws and New Mexico department of
agriculture labeling laws. The label should include: variety, kind of seed, lot
number, purity, germination, percent crop, percent inert, percent weed
(including noxious weeds), origin, test data and net weight. Federal seed laws
require that analysis shall be no older than five months for seed shipped
interstate and no older than nine months for seed shipped
intra-state.
(c) 48 hours before
seeding, the owner or operator should give written notice to the department by
hand delivery or facsimile, requesting inspection of the sealed seed bags to be
used. The department may inspect the sealed seed bags and labels.
(2) Fertilizer and soil
amendments: unless otherwise specified in the fugitive dust control permit, no
fertilizer or other soil amendments are required on areas to be
reseeded.
(3) Mulch: areas to be
reseeded should be mulched as described below unless otherwise specified in the
permit.
(a) Hay mulch: perennial native or
introduced grasses of fine-stemmed varieties should be used unless otherwise
specified in the plan. At least 65 percent of the herbage by weight of each
bale of hay should be 10 inches in length or longer. Hay with noxious seed or
plants should not be used. Rotted, brittle, or moldy hay are not considered
acceptable. Marsh grass or prairie hay composed of native grass of species to
be seeded is considered acceptable. Tall wheat grass, intermediate wheat grass,
switch grass, or orchard hay will be acceptable if cut prior to seed formation.
Marsh grass hay should be composed of mid and tall native, usually tough and
wiry grass and grass-like plants found in the lowland areas within the Rocky
Mountain region. Hay should be properly cured prior to use. Hay that is
brittle, short fibered or improperly cured is not considered acceptable. Hay
mulch should be crosshatched crimped to minimum depth of two inches.
(b) Straw mulch: small grain plants such as
wheat, barley, rye, or oats should not be used. Alfalfa or the stalks of corn,
maize or sorghum are not considered acceptable. Material which is brittle,
shorter than 10 inches or which breaks or fragments during the crimping
operation are not considered acceptable. Straw mulch should be crosshatched
crimped to minimum depth of two inches.
(c) Gravel mulch: gravel mulch should be a
maximum of three-quarter to one inch in diameter and must have been crushed or
screened with a minimum of one angular face. Experience has demonstrated that
gravel mulch provides very successful results on steep slopes and other areas
that may be difficult to stabilize.
(d) Erosion control mats, fabric or blankets:
the type of erosion control mats, fabric or blankets used should be specified
in the fugitive dust control permit.
B. Seed bed preparation:
(1) Prior to starting seed bed preparation,
the final grades of all earthwork should be inspected and certified by a New
Mexico licensed engineer, and a copy of the certification should be delivered
to the department:
(a) no soil preparation
should be performed when the surface is wet or muddy or when the soil is so
moist that the soil is not fully loosened by the discing operation;
(b) if erosion, crusting or re-compaction
occurs in an area before seeding, mulching and crimping are successfully
completed, the area should be reworked, beginning with seedbed
preparation.
(2)
Mechanical preparation: the seedbed should be loosened to a minimum depth of
six inches by disc or harrow. Areas of heavy or compacted soil may require
additional preparation by chiseling or ripping if discing alone does not result
in preparation to the full minimum depth of six inches. The soil should be
worked to a smooth surface and should be free of clods, stones four inches in
diameter and larger, and debris or foreign material that could interfere with
seeding or crimping operations.
(3)
Hand preparation: areas which cannot be prepared with mechanized equipment
because of small size, irregular shape or slope may be prepared to a minimum
depth of two inches using hand tools or a rototiller, as specified in the
permit.
C. Seeding:
(1) Should not start until the seed bed
preparation has been inspected and certified by a New Mexico licensed engineer,
a New Mexico licensed landscape architect, or other professional approved by
the department (e.g. a department certified erosion control specialist). Notice
in writing or by facsimile providing certification pertaining to the seed bed
preparation should be given to the department at least 48 hours prior to
beginning seeding operations so that the department has an opportunity to
inspect the site. No seeding operations should be conducted when steady wind
speeds exceed 10 miles per hour.
(2) Seed application:
(a) Drill seeding: drill seeding is highly
recommended. Seed should be applied with a "rangeland" type seed drill equipped
with packer wheels. Seed should be drilled to a maximum depth of one-half inch.
Direction of seeding should be across slopes and on the contour whenever
possible.
(b) Broadcast seeding:
seed may be applied using the broadcast method when size, irregular shape, or
slope exceeding three to one, prevents the use of a seed drill. Seed may be
broadcast by hand or by a mechanical seeder provided that the seed is evenly
distributed over the seeding area. Areas that are broadcast seeded should be
seeded at a rate that is double the rate used for drill seeding. Areas of
broadcast seeding should be hand raked to cover seed.
(c) Seeding with gravel mulch: areas to be
gravel mulched should be seeded at double the standard seed rate with one-half
the seed applied prior to application of gravel and one-half of the seed
applied on the surface of the gravel. Water should be applied in a quantity
sufficient to wash seed from the surface and into the gravel.
(d) Hydro seeding: hydro seeding with native
grass will normally only be successful on areas that will be
irrigated.
D.
Hay or straw mulching:
(1) All seeded areas
should be mulched unless otherwise specified in the fugitive dust control
permit. On seeded areas that are level or have slopes that are a ratio of three
to one or less, any of the four types of mulching below may be used. On erosion
control areas or slopes steeper than a ratio of three to one, only gravel mulch
or erosion control materials should be used.
(2) Hay mulch should be applied at a minimum
rate of one and one-half tons per acre of air dry hay.
(3) Straw mulch should be applied at a
minimum rate of two and one-half tons per acre of air dry straw.
(4) Hay or straw mulch should be crosshatched
crimped into the soil to a minimum depth of two inches.
(a) The mulch should be spread uniformly over
the area either by hand or with a mechanical mulch spreader.
(b) When spread by hand, the bales of mulch
should be torn apart and fluffed before spreading.
(c) Mulching should stop when wind speeds
exceed 15 miles per hour.
(d) The
mulch should be wetted down and allowed to soften for approximately 15 to 20
minutes prior to crimping.
(e) A
heavy disc should be used to crimp or anchor the mulch into the soil to a
minimum depth of two inches. A mulch-tiller with flat serrated discs at least
one-quarter of an inch in thickness, having dull edges with discs spaced six
inches to eight inches apart or similar equipment should be used. The discs
should be of sufficient diameter to prevent the frame of the equipment from
dragging the mulch.
(f) The
crimping operations should be across the slope where practical, but not
parallel to prevailing winds. In general, crimping should be in a north-south
direction or in tight interlocking "S" curves to avoid straight east-west crimp
lines.
(g) If small grain straw
mulch is used, the mulch should be crimped in two directions in a cross-hatch
pattern.
(5) Gravel
mulch: gravel mulch should be laid evenly by hand or by equipment to a
thickness of two inches.
(6)
Erosion control mats, fabric or blankets: the type of erosion control mats,
fabric or blankets used should be as specified in the fugitive dust control
permit. Anchoring of the erosion control materials should be consistent with
the manufacturer's recommendations.
(7) Upon completion of the reseeding project,
the permittee should deliver written notice to the department in a timely
manner, certifying completion of seeding project.
E. Protection of native grass seeded area:
the person, owner or operator who has elected to use native seeding as a
control measure shall be responsible for protecting and caring for the seeded
area until plants are fully established. After project completion, the owner or
operator shall repair any damage to seeded areas caused by pedestrian or
vehicular traffic or vandalism. During periods of low rainfall, supplemental
watering may be required to successfully establish the native grass seed.
Because the owner is responsible for the fugitive emissions leaving the
property, failure of the reseeding project shall not be a defense to
enforcement of 20.11.20 NMAC. The owner or operator may find it necessary to
reseed or use other reasonably available control measures to bring the property
into compliance. The department strongly recommends that any area being seeded
or mulched be adequately fenced and posted to prevent trespass
traffic.
F. Seed specifications and
rates should be used as established by the most recent edition of "city
of Albuquerque standard specifications for public works construction - native
grass seeding" section as updated by the city or as approved in
writing by the department.
G.
Variations in seeding due to special environmental conditions: the owner or
operator may use a different seeding mixture in order to address special
environmental conditions that make it unlikely for success of the reseeding
effort. Use of an annual rye (Lolium sp.) or cool season
grasses (e.g. barley at 10 pounds per acre) may be added to the seed
specification in order to help stabilize soils, especially for disturbed areas
comprising 25 acres or more when a significant amount of the publicly-owned
land or privately-owned real property is not expected to be built upon within
one year.
