Okla. Admin. Code § 460:20-45-46

Current through Vol. 42, No. 7, December 16, 2024

Section 460:20-45-46 - Revegetation: standards for success

(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 and shrubs are to be planted, the following are required to be included in the wildlife habitat plan. The minimum tree and shrub stocking rate is 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 Americam 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. A minimum of two lbs of pure live seed per species per acre, at least three of the following grasses must be planted: big bluestem, little blue stem, indiangrass, switchgrass, and side oats grama. At 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 pea, Illinois bundleflower, 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 the 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 time frame.

(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), 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), 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.

Okla. Admin. Code § 460:20-45-46

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