| (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 §12.555 and §12.556 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.
(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) Ground cover and productivity standards. 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 for use 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, 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 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;
(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; 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) Maintenance and data collection.
(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 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
will not reduce the probability of permanent revegetation success.
Approved practices shall be normal husbandry practices within the
region for unmined 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 necessary by such actions.
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