Ohio Administrative Code
Title 1501:13 - Division of Mineral Resources Management - Coal
Chapter 1501:13-9 - Identification of Mine Area: Environmental Integrity; Postmining Use of Land
Section 1501:13-9-15 - Revegetation
Universal Citation: OH Admin Code 1501:13-9-15
Current through all regulations passed and filed through September 16, 2024
(A) Definitions.
(1) "Countable tree" means a tree or shrub
that:
(a) Is in place for at least two
years;
(b) Is alive and
healthy;
(c) Has at least one-third
of its length in live crown, with green foliage during its growing season, and
is not diseased or insect-infested; and
(d) Has a root crown or root sprouts over one
foot in height. Root crowns or root sprouts over one foot in height shall count
as one towards meeting the stocking requirements. Where multiple stems occur,
only the tallest stem will be counted.
(2) "Ground cover" means the area of ground
covered by the aerial parts of perennial and biennial vegetation and the litter
that is produced naturally onsite, expressed as a percentage of the total area
of measurement.
(3) "Herbaceous
species" means grasses and non-woody legumes.
(4) "Woody plants" means woody shrubs, trees,
and vines.
(B) General requirements. The permittee shall establish on regraded areas and on all other disturbed areas except water areas and the surface areas of roads that are approved as part of the postmining land use, and other small incidental areas where revegetation would conflict with the postmining land use and no environmental harm would result, a vegetative cover that is in accordance with the approved permit and reclamation plan and that is:
(1) Diverse, effective, and
permanent;
(2) Comprised of species
native to the area, or of introduced species where desirable and necessary to
achieve the approved postmining land use and approved by the chief;
(3) At least equal in extent of cover to the
natural vegetation of the area; and
(4) Capable of stabilizing the soil surface
from erosion.
(C) Use of native and introduced species.
(1) The
reestablished plant species shall:
(a) Be
compatible with the approved postmining land use;
(b) Have the same seasonal characteristics of
growth as the original vegetation;
(c) Be capable of self-regeneration and plant
succession;
(d) Be compatible with
the plant and animal species of the area; and
(e) Meet the requirements of applicable state
and federal seed, poisonous and noxious plant, and introduced species laws or
regulations.
(2) The
chief may grant exceptions to the requirements of paragraphs (C)(1)(b) and
(C)(1)(c) of this rule when the species are necessary to achieve a
quick-growing, temporary, stabilizing cover, and measures to establish
permanent vegetation are included in the approved permit and reclamation
plan.
(3) When the chief approves a
cropland postmining land use, the chief may grant exception to the requirements
of paragraphs (B)(1), (B)(3), (C)(1)(b) and (C)(1)(c) of this rule. The
requirements of rule
1501:13-13-03
of the Administrative Code apply to areas identified as prime
farmland.
(D) Time of revegetation. Seeding and planting of disturbed areas shall be conducted during the first normal period for favorable planting conditions after replacement of the topsoil or topsoil substitute. The normal period for favorable planting shall be that planting time generally accepted locally for the type of plant materials selected. When necessary to effectively control erosion, any disturbed areas shall be seeded and planted as contemporaneously as practicable after the completion of backfilling, grading, and topsoiling with a temporary cover of small grains, grasses, or legumes until a permanent cover is established.
(E) Mulching and other soil stabilizing practices.
(1) Suitable mulch
and/or other stabilizing practices shall be used on all areas that have been
regraded and resoiled in order to control erosion, promote germination of
seeds, or increase the moisture-retention capacity of the soil. The chief may
suspend the requirements for mulch if the permittee can demonstrate that:
(a) Seasonal, soil, or slope factors result
in a condition for which mulch and other soil-stabilizing practices are not
necessary to control erosion and to promptly establish an effective vegetative
cover; and
(b) Alternative
procedures will achieve the revegetation success standards of this rule for the
approved postmining land use and will not cause or contribute to air or water
pollution.
(2) Annual
grasses and grains may be used alone as natural mulch, or in conjunction with
another mulch, when the chief determines that they will provide adequate soil
erosion control and cover and will later be replaced by perennial species
approved for the postmining land use.
(3) Chemical soil stabilizers alone, or in
combination with appropriate mulches, may be used in conjunction with
vegetative covers approved for the postmining land use.
(F) General requirements for measuring success of revegetation.
(1) Success standards
will differ depending on the approved postmining use of an area. In all
revegetation efforts, the general requirements of this rule shall be met and
the success of revegetation shall be judged on the effectiveness of the
vegetation for the approved postmining land use, the extent of cover compared
to the cover occurring in natural vegetation of the area, and the requirements
of paragraphs (B) and (C) of this rule. Statistically valid sampling techniques
for measuring success of ground cover, production, or stocking for final
performance security release shall be specified in guidelines for evaluating
revegetation success compiled by the chief. The statistical sampling techniques
shall use a ninety per cent confidence interval (i.e.,
one-sided test with a 0.10 alpha error).
(2) Except as provided in paragraph (F)(2)(a)
of this rule the period of extended responsibility for revegetation success
under the performance security requirement shall continue for not less than
five full years.
(a) On lands eligible for
remining included in permits issued pursuant to the requirements of rule
1501:13-4-12
of the Administrative Code and renewals thereof, the period of extended
responsibility for revegetation success under the performance security
requirement shall continue for not less than two full years.
(3) Except as provided in
paragraph (F)(3)(a) of this rule, the period of extended responsibility shall
begin on the date of the last augmented seeding, fertilizing, planting or other
work necessary to ensure successful vegetation. The date of this last seeding,
fertilizing, planting or other work shall be the same date that is recorded in
the planting report required in paragraph (P) of this rule.
(a) For row crops planted on areas to be used
for agricultural cropland, including prime farmland, the period of extended
responsibility for revegetation shall commence on the date on which the initial
planting of the crop has been completed. Promptly thereafter, the chief shall
inspect the area to verify that the initial planting has been
completed.
(4) The
following practices will not be considered augmentative when the practice and
the rate of application is an accepted local practice for comparable unmined
lands that can be expected to continue as a postmining practice:
(a) Seeding, applying soil amendments, and
irrigating to maintain productivity, as recommended by or as specified in
technical guidelines published by the Ohio state university cooperative
extension service as normal practices on cropland, pasture land or grazing
land;
(b) Limited repair of rills
and gullies. The chief will classify instances of rill and gully erosion repair
as either limited or extensive, based on the extent of repairs needed and the
cause of the erosion. The chief will consider extensive repairs to be
augmentative;
(c) Reseeding and
adding soil amendments when necessary to repair damage to land and/or
established permanent vegetation that is
unavoidably disturbed in order to meet the reclamation standards of this
chapter, provided that:
(i) The damage is not
caused by a lack of planning, design, or implementation of the mining and
reclamation plan, inappropriate reclamation practices on the part of the
permittee, or the lack of established permanent vegetation; and
(ii) The total acreage of repaired areas
under paragraphs (F)(4)(b) and (F) (4)(c) of this rule does not exceed ten
per
cent of the total land affected, with no individual area exceeding three
acres;
(d) Replanting of
trees as a reinforcement measure on areas for which the approved planting plan
requires woody vegetation; and
(e)
Reseeding of legumes within three years after the initial planting where the
legumes are expected to be present at the end of the period of extended
responsibility.
(5)
Reseeding of areas that have been unavoidably disturbed in the course of
gaining access for removal of structures that are part of the sediment control
system or initial seeding of areas upon which the sediment control system was
located and subsequently removed will not restart the period of extended
responsibility for revegetation success.
(6) For the purposes of paragraphs (F)(4)(c)
and (F)(5) of this rule, permanent vegetation that is established or
reestablished on these areas must have been seeded a minimum of twelve months
prior to the request for phase III performance security release
unless the chief determines the extent of the area of
repair was limited in size and the permittee remains in compliance with
paragraph (G)(3)(b) of the Administrative Code.
(G) Revegetation success standards for pasture or grazing land.
(1) Species
diversity, seasonal variety 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
reclamation plan.
(2) Revegetation
shall be determined to be successful for a reclamation phase II approval or a
phase II performance security release when the species planted in accordance
with the approved reclamation plan, including natural succession and
non-noxious volunteer species consistent with the reclamation plan, are
established and the area has sufficient ground cover to control erosion. As
used in this paragraph, "established" means that individual plants have matured
to the point that they are deriving their nourishment from the soil instead of
from stored food in the seed. Development of secondary leaves is considered an
indication that a plant is established.
(3) Revegetation shall be determined to be
successful for a phase III performance security release when:
(a) The period of extended responsibility has
expired and the species planted in accordance with the approved reclamation
plan, including natural succession and non-noxious volunteer species consistent
with the reclamation plan, equal or exceed the county average yield for hay for
any two years of the period of extended responsibility except the first year;
and
(b) For the last year of the
period of extended responsibility and one additional year, except the first
year, the ground cover shall equal or exceed ninety per cent and no single area
with less than thirty per cent cover shall exceed the lesser of three thousand
square feet or 0.3 per cent of the land affected.
(H) Revegetation success standards for areas to be used for agricultural cropland, other than prime farmland.
(1) Revegetation shall be determined to be
successful for a reclamation phase approval or a phase II performance security
release for row and hay crops when the species planted in accordance with the
approved reclamation plan meet, at a minimum, the ground-cover standards of
paragraph (G)(2) of this rule.
(2)
Revegetation shall be determined to be successful for a phase III performance
security release for row and hay crops when:
(a) The period of extended responsibility has
expired and the yield data of crop harvest on the mined area for any two years
of the period of extended responsibility, except the first year, equals or
exceeds the average county yield for comparable crops and hay crops;
and
(b) The vegetation meets, at a
minimum, the ground cover standards of paragraph (G)(3)(b) of this rule during
the last year of the period of extended responsibility.
(I) Revegetation success standards for prime farmland.
(1) The success in
revegetation shall be determined on the basis of an average crop production
from the reclaimed prime farmland areas compared to the target yields specified
in the web soil survey administered by the U.S. department of
agriculture, natural resources conservation service, as approved by the chief.
The website for the
web soil survey is
http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm.
(2) The measurement of soil productivity
shall be initiated within ten years after completion of soil
replacement.
(3) The level of
management applied during the measurement period shall be the same as the level
of management used on nonmined prime farmland in the surrounding
area.
(4) The reference crop on
which restoration of soil productivity is proven shall be selected from the
crops most commonly produced on the surrounding prime farmland. Where row crops
are the dominant crops grown on the prime farmland in the area, the row crop
requiring the greatest rooting depth shall be chosen as one of the reference
crops.
(5) Revegetation shall be
determined to be successful for a reclamation phase II approval or a phase II
performance security release for row and hay crops when the yield data from
three years of crop harvest on the mined area equals or exceeds the target
yields specified in the web soil survey administered by
the U.S. department of agriculture, natural resources conservation service, as
approved by the chief. The website for the web soil survey is http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm.
(6) Revegetation shall be
determined to be successful for a phase III performance security release for
row and hay crops when the period of extended responsibility has expired and
the yield data from at least three years of crop harvest on the mined area
equals or exceeds the target yields specified in the web soil survey administered by the U.S. department of
agriculture, natural resources conservation service, as approved by the chief.
The website for the
web soil survey is
http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm.
The same yield data that was submitted for the phase II approval or the phase
II release may be submitted for the phase III release.
(7) The average crop yield for prime farmland
may be adjusted, if approved by the chief with the concurrence of the U.S.
natural resources conservation service, for:
(a) Disease, pest, and weather-induced
seasonal variations; or
(b)
Differences in specific management practices when the overall management
practices of the crops being compared are equivalent.
(J) Revegetation success standards for areas for which the postmining land use is industrial, residential, or commercial use, other than commercial forest land.
(1) For areas to be developed for the
intended postmining land use within two years after regrading is completed:
(a) Revegetation shall be determined to be
successful for a reclamation phase II approval or a phase II performance
security release when the species planted in accordance with the approved
mining and reclamation plan provide sufficient ground cover to control erosion;
and
(b) Revegetation shall be
determined to be successful for a phase III performance security release in the
last year of the period of extended responsibility for revegetation success
when substantial construction has begun, the area not disturbed by construction
activity has sufficient ground cover to control erosion and the period of
extended responsibility has expired.
(2) For areas to be developed for the
intended postmining land use two or more years after regrading is completed,
revegetation shall meet the ground cover success standards contained in
paragraph (G)(2) of this rule for reclamation phase II approval or phase II
performance security release and paragraph (G)(3)(b) of this rule for phase III
performance security release, except that only one ground cover evaluation in
the last year of the period of extended responsibility for revegetation success
is necessary for phase III performance security release.
(K) General requirements for woody vegetation.
(1) For areas for which the
approved postmining land use requires woody plants as the primary vegetation,
success of revegetation shall be determined on the basis of tree, shrub, or
half-shrub stocking and ground cover to ensure that commercial tree species,
non-commercial tree species, or shrubs, sufficient for adequate use of
available growing space, are established after coal mining.
(2) Quality stock and proven field techniques
in the science of woody revegetation on mined areas shall be
employed.
(3) The chief shall
determine the appropriate stocking level of trees and shrubs, the appropriate
species of trees and shrubs, the appropriate herbaceous species and mixtures of
herbaceous species, and the appropriate planting arrangement after consultation
with and approval by the division of forestry for areas where the approved
postmining land use is forest, or consultation with and approval by the
division of wildlife for areas where the approved postmining land use is fish
and wildlife habitat or undeveloped land.
(4) The number of stems per unit area will be
used to determine the degree to which space is occupied by properly distributed
acceptable trees. Volunteer stems of acceptable tree species may also be
counted.
(L) Revegetation success standards for forest land, fish and wildlife habitat, or other postmining land uses that require establishment of woody vegetation.
(1) For areas where the approved postmining
land use is forest or fish and wildlife habitat, revegetation shall be
determined to be successful for a reclamation phase II approval or a phase II
performance security release when:
(a) There
are at least six hundred trees or shrubs per acre on each acre on which trees
or shrubs are to be planted; and
(b) The herbaceous ground cover provides the
greater of thirty per cent cover or sufficient cover to control
erosion.
(2)
Revegetation shall be determined to be successful for a phase III performance
security release in the last year of the period of extended responsibility for
revegetation success when the period of extended responsibility has expired,
the herbaceous ground cover is at least seventy per cent, and:
(a) For areas where the approved postmining
land use is forest, the area has a minimum of four hundred fifty countable
trees per acre, of which a minimum of seventy-five per cent are commercial tree
species, and of which eighty per cent have been in place for at least three
years, on each acre on which trees or shrubs are to be planted; or
(b) For areas where the approved postmining
land use is fish and wildlife habitat, the area has a minimum of two hundred
fifty countable trees per acre, of which eighty per cent have been in place for
at least three years, on each acre on which trees or shrubs are to be
planted.
(M) Revegetation success standards for undeveloped land.
(1) For areas for which the approved
postmining land use is undeveloped land, success of revegetation shall be
determined on the basis of ground cover and the proper planting of appropriate
tree and shrub species specified in the approved planting plan. Such plans
shall include tree or shrub plantings over ten to fifty per cent of the
revegetated area. Planting locations shall include slopes steeper than twenty
degrees and areas along drainways and permanent sources of water.
(2) In addition to meeting the general
requirements for woody vegetation contained in paragraphs (K)(2) and (K)(3) of
this rule, the selected tree and shrub species and herbaceous ground cover
species shall have value as wildlife habitat, and the herbaceous ground cover
species shall be compatible with the growth of acceptable species of trees and
shrubs, as determined by the chief with consultation of the division of
wildlife.
(3) Revegetation shall be
determined to be successful for a reclamation phase II approval or a phase II
performance security release when the herbaceous ground cover species are
established and provide sufficient ground cover to control erosion.
(4) Revegetation shall be determined to be
successful for a phase III performance security release when the period of
extended responsibility has expired, and:
(a)
Acceptable species of trees and shrubs have been properly planted and in
accordance with the approved planting plan at a rate of six hundred trees or
shrubs per acre on each acre on which trees or shrubs are to be
planted;
(b) The herbaceous ground
cover on areas not planted with trees or shrubs meets the ground cover
standards of paragraph (G)(3)(b) of this rule, except that only one ground
cover evaluation in the last year of the period of extended responsibility for
revegetation success is necessary for phase III performance security release;
and
(c) The herbaceous ground cover
on areas on which trees or shrubs are planted is at least seventy per cent in
the last year of the period of extended responsibility for revegetation
success.
(N) Revegetation success standards for recreation areas.
(1) For areas where the approved postmining
land use is developed recreation facilities, including but not limited to
portions of parks, camps, and amusement areas where woody vegetation would be
incompatible with the approved postmining land use, the area shall meet the
ground cover standards of paragraph (G)(2) of this rule for reclamation phase
II approval or phase II performance security release and paragraph (G)(3)(b) of
this rule for phase III performance security release, except that only one
ground cover evaluation in the last year of the period of extended
responsibility for revegetation success is necessary for phase III performance
security release.
(2) For areas
where the approved postmining land use is recreation area with less intensive
uses, such as hiking or canoeing, the area shall meet the general requirements
for woody vegetation in accordance with paragraph (K) of this rule, and the
revegetation success standards of paragraph (L)(1) of this rule for reclamation
phase II approval or phase II performance security release and paragraph (L)(2)
of this rule in the last year of the period of extended responsibility for
revegetation success for phase III performance security release.
(O) Revegetation success standards on lands eligible for remining.
(1) For
pasture and grazing land:
(a) Revegetation
shall be determined to be successful for a reclamation phase II approval or a
phase II performance security release when the standards of paragraph (G)(2) of
this rule are met; and
(b)
Revegetation shall be determined to be successful for a phase III performance
security release when the period of extended responsibility has expired and the
species planted in accordance with the approved reclamation plan, including
natural succession and non-noxious volunteer species consistent with the
reclamation plan, have provided, during the last year of the period of extended
responsibility, ground cover equal to or exceeding seventy percent cover and
adequate to control erosion, with no single area with less than thirty percent
cover exceeding the lesser of three thousand square feet or 0.3 per cent of the
land affected.
(2) For
cropland, other than prime farmland:
(a)
Revegetation shall be determined to be successful for a reclamation phase II
approval or a phase II performance security release when the standards of
paragraph (G)(2) of this rule are met; and
(b) Revegetation shall be determined to be
successful for a phase III performance security release when:
(i) The period of extended responsibility has
expired and the yield data of crop harvest on the mined area for any year of
the period of extended responsibility, except the first year, equals or exceeds
the average county yield for comparable crops and hay crops; and
(ii) The vegetation meets, at a minimum, the
ground cover standards of paragraph (O)(1)(b) of this rule during the last year
of the period of extended responsibility.
(3) For industrial, residential, or
commercial land use, other than commercial forest land:
(a) Revegetation shall be determined to be
successful for a reclamation phase II approval or a phase II performance
security release when vegetation meets the ground cover success standards of
paragraph (G)(2) of this rule; and
(b) Revegetation shall be determined to be
successful for a phase III performance security release when vegetation meets
the standards of paragraph (O)(1)(b) of this rule.
(4) For forest land, fish and wildlife
habitat, or other land use which requires the establishment of woody
vegetation:
(a) Revegetation shall be
determined to be successful for a reclamation phase II approval or a phase II
performance security release when vegetation meets the success standards of
paragraph (L)(1) of this rule; and
(b) Revegetation shall be determined to be
successful for a phase III performance security release when vegetation meets
the standards of paragraph (L)(2) of this rule, except that of the minimum
countable trees per acre, eighty per cent have been in place for at least two
years, on each acre on which trees or shrubs are to be planted.
(5) For undeveloped land:
(a) Success of revegetation shall be
determined as provided in paragraphs(M)(1), (M)(2) and (M)(3) of this rule; and
(b) Revegetation shall be
determined to be successful for a phase III performance security release when
the period of extended responsibility has expired and the vegetation meets the
requirements of paragraph (M)(4) of this rule except that the herbaceous ground
cover on areas not planted with trees or shrubs must meet the standards of
paragraph (O)(1)(b) of this rule.
(6) For recreation areas:
(a) Revegetation shall be determined to be
successful for a reclamation phase II approval or a phase II performance
security release, for areas where herbaceous vegetation comprises the ground
cover, when the standard of paragraph (G)(2) of this rule are met;
(b) Revegetation shall be determined to be
successful for a phase III performance security release, for the areas listed
in paragraph (O)(6)(a) of this rule, when the standards of paragraph (O)(1)(b)
of this rule are met;
(c)
Revegetation shall be determined to be successful for a reclamation phase II
approval or a phase II performance security release, for areas which require
the planting of woody vegetation as described in paragraph (N)(2) of this rule,
when the standards of paragraph (L)(1) of this rule are met; and
(d) Revegetation shall be determined to be
successful for a phase III performance security release for areas listed in
paragraph (O)(6)(c) of this rule, when the standards of paragraph (L)(2) of
this rule are met.
(P) Planting report. Upon completion of planting, the permittee shall file planting reports with the chief, on a form prescribed and furnished by the chief, providing the following information:
(1) Permit number;
(2) The type of planting or seeding,
including mixtures and amounts;
(3)
The date of planting, seeding, or reseeding;
(4) The area of land planted; and
(5) Such other relevant information as the
chief may require.
Effective: 1/17/2016
Five Year
Review (FYR) Dates: 11/02/2015 and
01/16/2021
Promulgated
Under: 119.03
Statutory
Authority: 1513.02
Rule
Amplifies: 1513.16
Prior
Effective Dates: 9/1/77, 5/15/78 (Emer.), 8/28/78, 5/1/80, 8/16/82 (Emer.),
10/27/82, 6/30/83, 8/20/84, 10/1/88, 6/14/90, 8/5/91, 1/1/93, 11/27/93,
10/3/94, 3/31/97, 12/10/98, 4/30/09
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
