| (a) Comparison to an established standard. 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 §12.390 and §12.391 of this title
(relating to Revegetation: General Requirements; and Revegetation:
Use of Introduced Species).
(1) Standards for success and statistically valid sampling
techniques for measuring success shall be selected by the Commission,
described in writing, and made available to the public.
(2) Standards for success shall include criteria representative
of unmined lands in the area being reclaimed to evaluate the appropriate
vegetation parameters of ground cover, production, or stocking. Ground
cover, production, or stocking shall be considered equal to the approved
success standard when they are not less than 90% of the success standard.
The sampling techniques for measuring success shall use a 90% statistical
confidence interval (i.e., one-sided test with a 0.10 alpha error).
(b) Standard for revegetated success. Standards for
success shall be applied in accordance with the approved postmining
land use and, at a minimum, the following conditions:
(1) for areas developed as grazingland or pastureland,
the ground cover and production of living plants on the revegetated
area shall be at least equal to that of a reference area or such other
success standards approved by the Commission;
(2) for areas developed for use as cropland, crop production
on the revegetated area shall be at least equal to that of a reference
area or such other success standards approved by the Commission;
(3) for areas to be developed for fish and wildlife
habitat, recreation, undeveloped land, 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 shall
be specified by the Commission on the basis of local and regional
conditions and after consultation with and approval by the state agencies
responsible for the administration of forestry and wildlife programs.
Consultation and approval may occur on either a program wide or permit-specific
basis;
(B) 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% of the trees and shrubs used to determine
such success shall have been in place for 60% of the applicable minimum
period of responsibility. The requirements of this section apply to
trees and shrubs that have been seeded or transplanted and can be
met when records of woody vegetation planted show that no woody plants
were planted during the last two growing seasons of the responsibility
period and, if any replanting of woody plants took place during the
responsibility period, the total number planted during the last 60%
of that period is less than 20% of the total number of woody plants
required. Any replanting must be by means of transplants to allow
for adequate accounting of plant stocking. This final accounting may
include volunteer trees and shrubs of approved species. Volunteer
trees and shrubs of approved species shall be deemed equivalent to
planted specimens two years of age or older and can be counted towards
success. Suckers on shrubby vegetation can be counted as volunteer
plants when it is evident the shrub community is vigorous and expanding;
and
(C) vegetative ground cover shall not be less than
that required to achieve the approved postmining land use;
(4) for areas to be developed for industrial/commercial
or residential land use less than two years after regrading is completed,
the vegetative ground cover shall not be less than that required to
control erosion; and
(5) for areas previously disturbed by mining that were
not reclaimed to the requirements of this subchapter 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.
(c) Extended 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 Commission in accordance with paragraph (4)
of this subsection.
(2) In areas of more than 26.0 inches of annual average
precipitation, the period of responsibility shall continue for a period
of not less than:
(A) five full years, except as provided in subparagraph
(B) of this paragraph. The vegetation parameters identified in subsection
(b) of this section for grazingland, pastureland, or cropland shall
equal or exceed the approved success standard during the growing season
of any 2 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;
or
(B) two full years for lands eligible for remining
included in a permit for which a finding has been made under §12.216(16)
of this title (relating to Criteria for Permit Approval or Denial).
To the extent that the success standards are established by subsection
(b)(5) of this section, the lands must 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 subparagraph
(B) of this paragraph. The vegetation parameters identified in subsection
(b) of this section for grazingland, pastureland, or cropland shall
equal or exceed the approved success standard during the growing season
of any two years after year six of the responsibility period. 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; or
(B) five full years for lands eligible for remining
included in a permit for which a finding has been made under §12.216(16)
of this title. To the extent that the success standards are established
by subsection (b)(5) of this section, the lands must equal or exceed
the standards during the growing seasons of the last two consecutive
years of the responsibility period.
(4) The Commission may approve selective husbandry
practices, excluding augmented seeding, fertilization, or irrigation,
provided it obtains prior approval from the Director, Office of Surface
Mining Reclamation and Enforcement in accordance with 30 CFR 732.17
that the practices are normal husbandry practices, without extending
the period of responsibility for revegetation success and bond liability
if such practices can be expected to continue as part of the postmining
land use or if the discontinuance of the practices after the liability
period expires will not reduce the probability of permanent revegetation
success. Approved practices shall be normal husbandry practices within
the region for unmined land having land uses similar to the approved
postmining land use of the disturbed area, including such practices
as disease, pest, and vermin control; and any pruning, reseeding,
and transplanting specifically necessitated by such actions.
|
