Current through Register Vol. 54, No. 45, November 9, 2024
Section 89.86 - Revegetation(a) General requirements for revegetation are as follows: (1) The operator shall establish, on areas disturbed by surface operations and facilities, effective, diverse and permanent vegetative cover. For areas designated as prime farmland, the requirements of Subchapter E (relating to prime farmlands) apply.(2) Revegetation shall comply with the reclamation plan submitted under this subchapter and approved by the Department in the permit, and shall be carried out in a manner that encourages a prompt vegetative cover and recovery of productivity levels compatible with the approved postmining land use.(i) Disturbed lands, except water areas and surface areas of roads that are approved as part of the postmining land use, shall be seeded or planted to achieve a permanent vegetative cover.(ii) The vegetative cover shall be of the same seasonal characteristics of growth as the original vegetation and be capable of self-regeneration and plant succession.(iii) Vegetative cover shall be at least equal in extent of cover to the natural vegetation of the area.(iv) If the postmining land use is cropland, planting of the crops normally grown shall meet the requirements of subparagraph (i).(b) If approved by the Department, introduced species may be used to achieve a quick, temporary cover that will stabilize the area, or when necessary and desirable to achieve the approved postmining land use. The following requirements shall be met: (1) The species used for temporary cover are replaced by permanent vegetation that supports the approved postmining land use.(2) The species are compatible with the plant and animal species of the region.(3) The species meet the requirements of applicable State and Federal seed or introduced species statutes, and are not poisonous or noxious.(c) Seeding and planting of disturbed areas shall be conducted during the first normal period for favorable planting conditions after final preparation. The normal period for favorable planting shall be that planting time generally accepted locally for the type of plant materials selected. When necessary to effectively control erosion, a disturbed area shall be seeded, as contemporaneously as practicable, with a temporary cover of small grains, grasses or legumes until a permanent cover is established.(d) Mulching and other soil stabilizing practices shall be as follows: (1) Suitable mulch or other soil stabilizing practices shall be used on regraded and topsoiled areas to control erosion, to promote germination of seeds or to increase the moisture retention of the soil. The Department may, on a case-by-case basis, suspend the requirement for mulch if the operator can demonstrate that alternative procedures do not cause or contribute to pollution.(2) Mulches shall be anchored to the soil surface to assure effective protection of the soil and vegetation when required by the Department.(3) Annual grasses and grains may be used alone or in conjunction with another mulch if the Department determines they will provide adequate soil erosion control and will later be replaced by perennial species approved for the postmining land use.(4) Chemical soil stabilizers, alone or in combination with appropriate mulches, may be used in conjunction with vegetative covers approved for the postmining land use.(e) Standards for successful revegetation shall be as follows:(1) When the approved postmining land use is cropland:(i) The standards for successful revegetation shall be based upon crop productivity, yield or soil tests.(ii) The approved standard shall be the average yield per acre for the crop and soil type as specified in the Soil Surveys of the United States Department of Agriculture Natural Resources Conservation Service.(iii) The productivity or yield of the mined area shall be equal to or greater than the approved standard for the last 2 consecutive growing seasons of the 5-year responsibility period established in this section. Productivity or yield shall be considered equal if production or yield is at least 90% of the approved standard.(2) When the approved postmining land use is other than cropland:(i) The standards for successful revegetation shall be determined by ground cover.(ii) The approved standard shall be the percent ground cover of the vegetation which exists on the proposed area to be affected by mining activities. The Department will not approve less than a minimum of 70% ground cover of permanent plant species with not more than 1.0% of the area having less than 30% ground cover with no single or contiguous area having less than 30% ground cover exceeding 3,000 square feet. When woody species are planted in mixture with herbaceous species, the standards in this paragraph shall be met and 400 woody plants shall be planted per acre except: (A) On slopes greater than 20 degrees, the minimum number of woody plants shall be 600 per acre.(B) When the approved postmining land use is commercial forest land, the minimum number of woody plants shall be 450 trees per acre with at least 75% commercial tree species.(C) When the approved postmining land use is wildlife habitat, a minimum of 75% of the land affected shall be planted with a mixture and minimum of 400 woody plants per acre. The configuration and species composition of the cover types shall be established in accordance with guidelines established by the Fish and Boat Commission and the Game Commission. (iii) For purposes of measuring the stocking standards for woody species, the following shall apply: (A) Root crown or root sprouts over 1 foot in height shall count as one toward meeting the stocking requirements. When multiple stems occur, only the tallest stem will be counted.(B) A tree or shrub shall count as one toward meeting the stocking requirements if the tree or shrub has been in place at least 2 growing seasons and is alive and healthy with at least 1/3 of its length in live crown.(iv) The percent ground cover of the reclaimed area shall meet the standards of this paragraph for a minimum of the last 2 consecutive years of the 5-year period of responsibility, and the 5-year period of responsibility shall commence after the last year of augmented seeding and fertilizing.(v) For purposes of this section, herbaceous species means grasses, legumes and nonleguminous forbs; woody plants means woody shrubs, trees and vines; and ground cover means the area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally onsite, expressed as percentage of the total area of measurement.(3) When the approved postmining land use is pastureland, the crop productivity standards of paragraph (1) and the ground cover standards of paragraph (2) shall be met.(f) Exceptions to the standards contained in this section may be authorized by the Department under the following conditions: (1) For previously mined areas that were not reclaimed to the requirements of this subchapter, as a minimum, the ground cover of living plants may not be less than that which can be supported by the best available topsoil or other suitable material in the reaffected area, may not be less than the ground cover existing before redisturbance and shall be adequate to control erosion.(2) For areas to be developed for industrial or residential use less than 2 years after regrading is completed, the ground cover of living plants may not be less than that required to control erosion. (g) The operator shall: (1) Maintain necessary fences and proper management practices.(2) Conduct periodic measurements of vegetation, soils and water prescribed or approved by the Department, to identify conditions during the applicable period of liability specified in subsection (e) and § 86.151 (relating to period of liability).The provisions of this §89.86 adopted December 19, 1980, 10 Pa.B. 4789, effective 7/31/1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective 7/31/1982, 12 Pa.B. 2382; amended February 17, 1984, 14 Pa.B. 524, effective 8/4/1984, 14 Pa.B. 2860; amended June 15, 1990, 20 Pa.B. 3383, effective 7/27/1991, 21 Pa.B. 3316; amended June 25, 1993, effective 6/26/1993, 23 Pa.B. 3075; amended March 13, 2020, effective 3/14/2020, 50 Pa.B. 1508.The provisions of this §89.86 amended under section 5 of The Clean Streams Law (35 P.S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1396.4(a) and 1396.4b); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7(b)); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
This section cited in 25 Pa. Code § 86.151 (relating to period of liability); 25 Pa. Code § 86.172 (relating to criteria for release of bond); 25 Pa. Code § 89.23 (relating to diversion and conveyance of overland flow); 25 Pa. Code § 89.56 (relating to stream channel diversions); 25 Pa. Code § 89.71 (relating to general requirements); 25 Pa. Code § 89.85 (relating to topsoil use); 25 Pa. Code § 89.90 (relating to restoration of roads); 25 Pa. Code § 89.112 (relating to impoundments); 25 Pa. Code § 89.134 (relating to revegetation); and 25 Pa. Code § 89.173 (relating to performance standards).