Section 69-05.2-22-02 - Performance standards Revegetation Methods1. All revegetation must be carried out in accordance with the approved reclamation plan. 2. When the approved postmining land use is tame pastureland, the permittee shall seed or plant species of introduced grasses and legumes adapted to the local site conditions and capable of supporting grazing and occasional haying under proper management. 3. When the approved postmining land use is native grassland, the species of grasses, legumes, forbs, half-shrubs, or shrubs seeded or planted and their pattern of distribution must be selected by the permittee to provide a diverse, effective, and permanent vegetative cover with seasonal variety, succession, and regenerative capabilities native to the area. 4. When the approved postmining land use is woodland or fish and wildlife habitat where the vegetation type is woodland, the permittee shall plant woody species adapted for local site conditions and climate, in combination with a cover of grains, grasses, legumes, or forbs to provide a diverse, effective, and permanent vegetative cover with the seasonal variety, succession, and regenerative capabilities native to the area. Approval of species composition, minimum stocking, spacing and planting arrangements of trees, shrubs, half-shrubs, and ground cover will be based on local and regional recommendations following consultation with the state game and fish department, state forester, and the natural resource conservation service. 5. When the approved postmining land use is shelterbelt, the permittee shall plant woody species adapted for local site conditions and climate. Understory vegetation must be controlled until it no longer interferes with the growth of woody species. The stocking of trees and shrubs must follow current standards and specifications developed by the natural resource conservation service for farmstead and field windbreaks in North Dakota or others approved by the commission. 6. When fish and wildlife habitat is included in the postmining land use, the permittee shall consult with appropriate state wildlife and land management agencies and shall select those plant species that will fulfill the needs of wildlife for food and cover. Plant groupings and water resources must be appropriately spaced and distributed. N.D. Admin Code 69-05.2-22-02
Effective August 1, 1980; amended effective June 1, 1983; May 1, 1990; June 1, 1997.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24, 38-14.1-42