Oklahoma Administrative Code
Title 460 - Department of Mines
Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979
Subchapter 43 - Permanent Program Performance Standards: Surface Mining Standards
Section 460:20-43-46 - Revegetation: standards for success
Universal Citation: OK Admin Code 460:20-43-46
Current through Vol. 42, No. 1, September 16, 2024
(a) 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 general requirements of Section 460:20-43-43.
(1) Standards for success and statistically
valid sampling techniques for measuring success are identified in the Bond
Release Guidelines published by the Department.
(2) Comparison of ground cover and
productivity may be made on the basis of either reference areas or technical
standards representative of unmined lands in the area. Management of references
areas, if required for the approved postmining land use of the permit area.
Species composition of the vegetation of the reference area and the reclaimed
area must be comparable. Ground cover, production, or stocking shall be
considered equal to the approved success standard (reference area of technical
standard) when they are not less than 90 percent of the success standard. The
sampling techniques for measuring success shall use a 90-percent statistical
confidence interval (i.e., one-sided t-test with a 0.10 alpha error).
(b) The following minimum success standards must be achieved:
(1) For areas with
a post-mining land use of pasture land or grazing land, the minimum ground
cover of desirable living plants on the revegetated area shall be equal (as
defined above) to the ground cover of living plants of the approved reference
area(s) or to a standard of ninety percent desirable living ground cover if no
reference area is used. The minimum production of desirable living plants on
the revegetated area shall be at least equal (as defined in (a)(2) of this
Section to the production of desirable living plants on the approved reference
area or to technical standards. For permits using reference areas, at no time
shall an area reclaimed to improved pasture be released from Phase III or III
liability if it is composed of less than 70 percent ground cover of desirable
living plants or, if reclaimed with desirable native grasses, less than 50
percent desirable cover.
(2) For
areas developed for use as cropland, crop production on the revegetated area
shall be at least equal (as defined in (a)(2) of this Section to that of a
reference area or technical standards.
(3) For areas to be developed for fish and
wildlife habitat, recreation, shelter belts, or forest products, success of
vegetation shall be determined on the basis of tree and shrub stocking and
vegetative ground cover. Such parameters are described as follows:
(A) Minimum stocking and planting
arrangements for fish and wildlife habitat shall be specified by the Department
after consultation with the State agencies responsible for the administration
of forestry and wildlife programs.
(i) If
trees or shrubs are to be planted, the following are required to be included in
the wildlife habitat plan. The minimum tree and shrub stocking rate will be 250
per acre. Of that 250, there will be 100 hard mast producing trees of at least
three native species such as red oak, post oak, bur oak, black oak, willow oak,
shumard oak, water oak . Of that 250, there will be 100 soft mast producing
trees of at least three native species such as sugarberry, sweet gum, black
cherry, black gum, sycamore, and hackberry. In addition to the hard mast and
soft mast producing trees, 50 soft mast producing shrubs of at least two native
species such as American plum, Mexican plum, deciduous holly, Carolina
buckthorn or rusty blackhaw must be planted.
(ii) If native grasses and forbs are to be
planted, the following are required to be included in the wildlife habitat
plan. At a minimum seeding rate of two lbs of pure live seed per species per
acre, at least three of the following grasses must be planted: big bluestem,
little bluestem, indiangrass, switchgrass, and side oats grama. A minimum
seeding rate of one lb. of pure live seed per species per acre, at least three
of the following forbs must be planted: maximilian sunflower, showy partridge
peas, Illinois bundleflower, partridge pea, purple prairie clover, roundhead,
common and Korean lespedeza.
(iii)
If the applicant chooses not to follow (b)(3)(A)(i) or (b)(3)(A)(ii)of this
subsection then an alternative wildlife habitat plan must be submitted to the
Department for review, along with written approval of the alternative planting
rates and species from the state agency responsible for the management of Fish
and Wildlife.
(B)
Minimum stocking and planting arrangements for areas to be developed for
recreation, shelter belts, or forest products shall be specified by the
Department on the basis of local and regional conditions and after consultation
with and approval by the state agencies responsible for administration of
forestry and wildlife programs and will be incorporated into an approved
reclamation plan. Consultation and approval will occur on a permit specific
basis.
(C) Trees and shrubs that
will be used in determining the success of stocking and the adequacy of the
plant arrangement shall have utility for the approved postmining land use.
Trees and shrubs counted in determining such success shall be healthy and have
been in place for not less than two growing seasons. At the time of bond
release, at least 80 percent of the trees and shrubs used to determine such
success shall have been in place for at least three years or 60% of the
responsibility period.
(D) The
technical standard for vegetative ground cover on these areas is 80 percent. In
no cases shall vegetative ground cover be less than that required to achieve
the approved postmining land use and must be sufficient to control
erosion.
(E) Comments from state
Agencies responsible for management of Fish and Wildlife are
required.
(4) Bare areas
shall not exceed one-sixteenth acres in size and total not more than one
percent of the area planted.
(5)
For areas to be developed for industrial, commercial, or residential use less
than two years after regrading is completed, the vegetative ground cover shall
not be less than that required to control erosion.
(6) For areas previously disturbed by mining
that were not reclaimed to the requirements of this Chapter and that are
remined or otherwise redisturbed by surface coal mining operations, as a
minimum, the vegetative ground cover shall be not less than the ground cover
existing before redisturbance and shall be adequate to control erosion. In
general this is considered to be at least 70% vegetative ground
cover.
(c) Responsibility period.
(1) The
period of extended responsibility for successful revegetation shall begin after
the last year of augmented seeding, fertilizing, irrigation, or other work,
excluding husbandry practices that are approved by the Department in accordance
with (c)(4) of this Section.
(2) In
areas of more than 26.0 inches average annual precipitation, the period of
responsibility shall continue for a period of not less than:
(A) Five full years, except as provided in
paragraph (c)(2)(B) of this section. The vegetation parameters identified in
Subsection (b) of this Section for grazing land or pasture land and cropland
shall equal or exceed the approved success standard during the growing seasons
of any two years of the responsibility period, except the first year. Areas
approved for the other uses identified in Subsection (b) of this Section shall
equal or exceed the applicable success standard during the growing season of
the last year of the responsibility period.
(B) Two full years for lands eligible for
remining included in permits issued before September 30, 2004, or any renewals
thereof. To the extent that the success standards are established by subsection
(b)(6), the lands shall equal or exceed the standards during the growing season
of the last year of the responsibility period.
(3) In areas of 26.0 inches or less average
annual precipitation, the period of responsibility shall continue for a period
of not less than:
(A) Ten full years, except
as provided in subsection (c)(3)(B) below. Vegetation parameters identified in
Subsection (b) of this Section shall equal or exceed the approved success
standard for at least the last two consecutive years of the responsibility
period.
(B) Five full years for
lands eligible for remining included in permits issued before September 30,
2004, or any renewals thereof. To the extent that the success standards are
established by subsection (b)(6), the lands shall equal or exceed the standards
during the growing seasons of the last two consecutive years of the
responsibility period.
(4) The Department has approved selective
husbandry practices that, when accomplished in accordance with (c)(4)(A)
through (G) of this Section, do not extend the period of responsibility for
revegetation success and bond liability. The approved practices shall be
required to continue as part of the postmining land use and shall also be
considered a normal husbandry practice within the region for unmined lands
having uses similar to the approved postmining land use of the disturbed area.
Since no absolute limits for individual parameters for fertility, liming, etc.
can be set by the Department, established approved and published information
sources and other variables involved shall be considered in determining what is
approved selective husbandry practice. Evaluations shall include professional
judgements and the incorporation of guidelines provided by approved source
documents and information provided by Oklahoma State University (OSU) and the
United States Department of Agriculture National Resources Conservation Service
(NRCS). OSU has established and publishes many recommended fertility and
management practices for row crops, hayland, and grazingland tailored for soil
conditions, crop rotations, tillage and application practices plus OSU also has
Extension Offices through out the state that can provide more site specific
recommendations. The Department will judge management practices on mined lands
against the recommended practices provided by OSU and NRCS to judge if the
practices are normal husbandry practices and shall through routine inspection
process, monitor liability starts dates, liming and fertilization activities
and the success of the reclamation. The Department shall review and assess
whether site specific activities are outside the normal husbandry practices and
the liability period must restart. Giving allowance for flexibility to maintain
conditions and latitude for proper management of reclaimed areas, the
Department's review and assessment, for determination of whether or not site
specific activities are outside the normal husbandry practice, shall
incorporate the following:
(A) The Department
will consider limited reseeding and associated fertilizing and liming as
non-augmentative if the area is small in relation to the permit area,
watershed(s) or surface property boundary(ies), whichever is smaller. Also, the
size of the area relative to the surrounding area and the ability of the
reclaimed area to meet the postmining land use will be considered. Removal and
reclamation of temporary structures identified in (c)(4)(E) of this Section
would not be considered augmentation. Repair of rills and gullies that are not
in excess of the stipulations within (c)(4)(D) of this Section would not be
considered augmentation. The Department will require any minor reseeded areas
to be fully established and meet the requirements of (a) and (b) of this
Section at the time of the bond release.
(B) Approved agricultural practices described
by the Oklahoma State University (OSU) Cooperative Extension Service are not
considered augmentation. These practices include but are not limited to:
fertilizing, liming, weed and pest control, and mulching. The OSU Cooperative
Extension Services publishes recommended agricultural practices as Fact Sheets
and are available by contacting the state or local OSU Extension
Office.
(C) On all lands with a
postmining land use other than cropland, any areas reseeded or replanted as a
part or result of a normal husbandry practice must be sufficiently small in
size and limited in extent of occurrence, as described in (c)(4)(A) of this
Section, or as a part of a hay management plan that is an agricultural practice
described by the OSU Cooperative Extension Service. The reestablished
vegetation must be in place for a sufficient length of time to not adversely
affect the Department's ability to make a valid determination at the time of
bond release as to whether the site has been properly reclaimed.
(D) Pursuant to (c)(4) of this Section, the
repair of rills and gullies will not be allowed in Oklahoma without restarting
the revegetation liability period. However, the repair the repair of rills and
gullies will not be considered an augmentation practice if the occurrences and
treatment of such rills and gullies constitutes a normal conservation practice
in the region as defined by the Department. In Oklahoma the normal range of
precipitation during the fall or spring seeding seasons may result in the
formation of rills and gullies of permanent vegetative cover for any land use.
The Department has determined the NRCS prepared guidelines for the treatment of
and repair of these rills and gullies constitutes the treatment practice which
is the usual degree of management customarily performed to prevent
exploitation, destruction, or neglect of the soil resource and maintain the
productivity of the land use. This treatment would not be prohibited as an
augmentative practice because the NRCS guidance is the standard developed for
the normal treatment of rills and gullies that may develop on permanent cover
of vegetation on unmined lands in Oklahoma. After initial vegetation
establishment, the Department defines the treatment of rills and gullies
requiring permanent reseeding of more than 10 acres in a contiguous block or
10% of a permit area initially seeded during a single year to be an
augmentative practice because of the potential for delayed seeding of large
areas to reduce the probability of revegetation success. The NRCS guidelines
for repair of rills and gullies require that acreage with active furrows,
rills, ditches, or gullies be filled to aid the conservation practice
application. The rills and gullies should be contoured or smoothed if the site
is large.
(i) These areas must be seeded
during the appropriate seeding season with approved perennial species followed
by an application of mulch. If permanent seeding of the area must be delayed
due to weather conditions, then appropriate temporary erosion control measures
must be utilized. Mulch that is to be applied must be free of noxious weeds,
anchored during or immediately after application, and may be applied at the
following rates:
(I) Hay or straw shall be
applied at the rate of 2 tons/acre and crimped into the soil, or 1 ton/acre
with the additional application of 300 gallons/acre of asphalt emulsion spray
to bind the mulch to the soil. Hay mulch must be less than 2 years old. Straw
derived from small grain species shall not be used as mulch.
(II) Wood chips shall be applied at a rate of
11-15 tons/acres alone or 6/tons/acre with the additional application of 300
gallon/acre of asphalt emulsion spray to bind the mulch to the soil.
(III) Strawy manure shall be applied at the
rate of 10 tons/acre. Strawy manure need not be anchored if it contains heavy
solids.
(ii) The use of
hay bales and rock rip-rap to fill or repair rills and gullies will be approved
on a case by case basis. Monitoring will be required to assure that the
treatment provides long term erosion control, does not disrupt the postmining
land use, and that permanent vegetation becomes established. If this treatment
is not effective then filling of the rills and gullies with topsoil then
revegetating the areas will be required. If the drainage area is of sufficient
size to create continued problems with rills and gullies, the operator shall
install terraces to control the amount and velocity of water moving across the
area. These terraces shall be designed and constructed accordance with this
Chapter.
(E) Liming,
fertilization, mulching, seeding or stocking following the reclamation of any
temporary roads, remaining after a Phase I Bond Release approval, temporary
sediment or hydraulic control structures, areas disturbed by the installation
or removal of oil and gas wells or utility lines, and areas where the
vegetation was disturbed by vehicular traffic not under the control of the
permittee will not be considered augmentation.
(F) Irrigation, reliming, refertilization of
revegetated areas; reseeding cropland; renovating pastureland by overseeding
with legumes after a Phase II bond release shall be considered normal husbandry
practices and shall not restart liability period if the amount and frequency of
these practices used on unmined land within the region.
(G) Other normal husbandry practices that may
be conducted on postmining land uses of fish and wildlife habitat, recreation,
and forestry without restarting the liability period are disease, pest, and
vermin control; pruning; and transplanting and replanting trees and shrubs in
accordance with (b)(3) of this Section.
Amended at 12 Ok Reg 117, eff 9-29-94 through 7-14-95 (emergency); Amended at 12 Ok Reg 3592, eff 10-12-95; Amended at 16 Ok Reg 3526, eff 9-13-99; Amended at 18 Ok Reg 3202, eff 7-26-01; Amended at 21 Ok Reg 2979, eff 7-26-04; Amended at 23 Ok Reg 3059, eff 7-27-06; Amended at 23 Ok Reg 3059, eff 7-27-06
Disclaimer: These regulations may not be the most recent version. Oklahoma 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.
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