Okla. Admin. Code § 155:12-1-2

Current through Vol. 42, No. 6, December 2, 2024
Section 155:12-1-2 - Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"AEMS" means Agricultural Environmental Management Services division within the Oklahoma Department of Agriculture, Food, and Forestry dedicated to working with producers and concerned citizens in protecting the state's soils, air, and waters from animal waste.

"Alternate restoration" means the return of lands disturbed by human-related activities to a post-land use other than that which existed before the activity. Alternate restoration must be stable and have utility.

"BMPs" means Best Management Practices. These practices are capable of protecting the environment while considering economic factors, availability, technical feasibility, ability to implement, and effectiveness.

"Commission" means the Oklahoma Conservation Commission as created by the Conservation District Act of 1971.

"District" means a conservation district which is a governmental subdivision of this State and a public body corporate and politic organized in accordance with the provisions of the Conservation District Act of 1971.

"Director" means the Director of the Land Management Division of the Oklahoma Conservation Commission.

"DSA" means driving surface aggregate which is a well-graded, unbound mixture of loosely compacted fragments or particles designed for use as a wearing course on unpaved roads and to achieve maximum density to resist erosion and traffic wear.

"Eligible Land and Water" means those lands and waters that are eligible, under the criteria outlined in Section 155:12-3-2, for land restoration.

"Emergency" means a sudden danger or impairment that presents a high probability of substantial physical harm to the health, safety, or general welfare of people before the danger can be abated under normal program operation procedures.

"ESM" means environmentally sensitive maintenance practices that reduce the impact of road runoff and sediment into local streams, while reducing long-term road maintenance costs.

"ESP" means environmentally safe practices which are practices that are put in place to ensure that the surrounding environment is free from hazards that will impact the safety and well-being of the public, as well as prevent accidental environmental damage or erosion.

"Extreme Danger" means a condition that could reasonably be expected to cause substantial physical harm to persons, property, or the environment and to which persons or improvements on real property are currently exposed.

"FEMA" means Federal Emergency Management Agency an agency within the Department of Homeland Security charged with responding to Presidentially declared disasters.

"French mattress" means a structure under a road consisting of clean coarse rock wrapped in geotextile through which water can freely pass. French Mattresses are used in saturated soils, such as in wetlands, to support the roadbed while allowing unrestricted water movement.

"Hard rock mining" means uncovering and extracting non-fuel metal and mineral deposits of solid ores or eroded deposits in igneous or metamorphic terrains or streambeds. Some common hard rock minerals mined are copper, gold, iron ore, lead, molybdenum, phosphate rock, platinum, potash, silver, uranium, zinc, sand, and gravel.

"Land Management" means an activity to preserve or repair the function of previously disturbed land or water channels.

"Logjam" means an accumulation of lodged trees, root wads, or other debris that impedes the ordinary flow of water through a waterway and that is:

(1) Causing or threatening to cause flooding on a road or private property.
(2) Impeding navigation by a boat.
(3) Reducing the capacity of a waterway to transport water. The term does not include the development of sandbars, sedimentation, or accumulations of stone or gravel.

"Mineral" means any metalliferous material extracted from the earth, including gold, silver, copper, molybdenum, zinc, lead, and other materials that are used as feedstocks in producing metalliferous materials.

"NMP" means Nutrient Management Plan which is a plan that is developed to manage the amount or rate, source, placement, method of application, and timing of plant nutrients and soil amendments. The purpose is to budget, supply, and conserve nutrients for plant production.

"ODAFF" means the Oklahoma Department of Agriculture, Food, and Forestry which is an agency of the state of Oklahoma charged with protecting and promoting agriculture, agricultural goods, and natural resources.

"Permanent facilities" means any structure that is built, installed, or established to serve a particular purpose or any manipulation or modification of the site that is designed to remain after the land restoration is completed, such as a relocated stream channel or diversion ditch.

"Program" or "Land Management Program" means the program established by the State for the restoration, repair, reclamation, improvement, modification, or alteration of land and/or water adversely affected by human activity or natural processes (i.e., mining, logjams, erosion)

"Restoration" means measures that are taken on surface disturbances to achieve stability and safety consistent with post-land use objectives.

"Soil" means topsoil, suitable substrate, or other plant growth media that will sustain vegetation.

"Stability" means the condition of land concerning its erosion potential and ability to withstand seismic activity.

"Surface disturbance" means clearing, covering, or moving land using mechanized earth-moving equipment for exploration, development, and production purposes but does not include surveying, assessment and location work, seismic work, maintenance, and other activities that create a de minimis disturbance.

"Unpaved road" means surfaces of natural material or crushed aggregate that have not been incorporated into a bound layer using asphalt, oil, or other such binder.

Okla. Admin. Code § 155:12-1-2

Adopted by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 9/2/2024