Current through Register Vol. XLI, No. 24, June 14, 2024
Section 38-2-9 - Revegetation9.1. General Requirements. 9.1.a. Each surface mine operator shall establish on all regraded areas and all other disturbed areas a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of disturbed land, or introduced species that are compatible with the approved postmining land use. Reforestation opportunities must be maximized for all areas not directly associated with the primary approved post mining land use. All revegetation plans must include a map identifying areas to be reforested, planting schedule and stocking rates.9.1.b. The established vegetative cover shall be capable of stabilizing the soil from erosion.9.1.c. The established vegetative cover shall be capable of regeneration and plant succession.9.1.d. Revegetation efforts will be kept concurrent with the mining operation as mining and backfilling progresses and shall be carried out in a manner that encourages a prompt vegetative cover and rapid recovery of productivity levels compatible with the approved postmining land use.9.1.e. A temporary vegetative cover shall be established as contemporaneously as practicable with backfilling and grading until a permanent vegetative cover can be established. At a minimum, a temporary or permanent vegetative cover shall be established by the end of the first growing season and a permanent vegetative cover shall be established by the end of the second growing season.9.2. Revegetation Plan. A complete revegetation plan shall be made a part of each permit application. The revegetation plan shall be developed in a manner which is compatible with the following requirements:9.2.a. Plant species and seed mixtures that will give a quick, permanent vegetative cover and enrich the soil will be given priority. Plant species and seed mixtures shall be considered of the same seasonal variety when they consist of a mixture of species of equal or superior utility as compared with the seasonal utility of naturally-occurring vegetation. All revegetation mixtures must include at least one herbaceous legume species.9.2.b. All species shall be compatible with the plant and animal species of the region and the approved post mining land use.9.2.c. All species shall comply with State and Federal seed, poisonous and noxious plant, and introduced species, laws and rules and regulations.9.2.d. If both the premining and postmining land uses are cropland, planting of the crops normally grown will meet the requirements of subdivision 9.2.a of this subsection.9.2.e. The revegetation plan shall contain a statement asserting that rills and gullies which form in areas that have been regraded and topsoiled and which disrupt the approved postmining land use, interfere with the reestablishment of the vegetation cover, or cause or contribute to a violation of applicable water quality standards will be filled, regraded, stabilized, topsoiled, and reseeded or replanted.9.2.f. The revegetation plan shall specify that the operator will rapidly establish temporary vegetation cover on disturbed and regraded areas around sediment control structures, haulage ways, stockpiles, storage areas, and other areas where excessive erosion is likely to occur. Immediate seeding of approved annuals and biennials on such areas shall be considered as a means for achieving temporary vegetative cover only.9.2.g. A planting plan shall be made a part of the revegetation plan and shall contain the following: 9.2.g.1. A prediction of the mine soil character based on overburden analysis, soil analysis, and other available information;9.2.g.2. The proposed treatment to neutralize acidity;9.2.g.3. The method of mechanical seed bed preparation;9.2.g.4. The application rates and analysis of fertilization;9.2.g.5. The application rates and types of mulch;9.2.g.6. The application rates and species of perennial vegetation including herbaceous and woody plants in accordance with the Handbook or other appropriate sources;9.2.g.7. The areas to be planted or seeded to trees and shrubs;9.2.g.8. The land use objective; and9.2.g.9. A maintenance schedule.9.2.h. Alternative species of trees, shrubs, grasses, legumes, or vines may be substituted for native species if approved by the Secretary. Use of substitute species may be approved on the basis of the following:9.2.h.1. The species are compatible with the plant and animal species of the region and are necessary to and compatible with achieving the approved postmining land use; and9.2.h.2. The species meet the requirements of applicable State and Federal seed, poisonous and noxious plant, or introduced species laws and regulations.9.2.i. The vegetation plan shall contain a plan for soil treatment and amendments which meet the following minimum standards:9.2.i.1. 600 Ibs/ac of 10-20-10 or 10-20-20 fertilizer. Alternative rates and fertilizer analysis based on soil analysis performed by a qualified soils laboratory may be substituted.9.2.i.2. Lime shall be required where soil pH is less than 5.5. Lime rates shall be such that a uniform soil pH of 6.0 will be achieved. An alternate maximum or minimum soil pH may be approved based on the optimum pH for the revegetation species.9.2.i.3. Mulch Specifications: Mulch shall be used on all disturbed areas. Approved materials and minimum rates to be applied are as follows: Material | Rate/Acre |
Straw or hay | 1½-2 tons materials may be anchored with asphalt emulsion or other techniques approved by the Secretary. |
Wood Fiber or Wood Cellu10se | 1,000 lbs. |
Shredded Bark | 50 cubic yards |
Adhesives or tackifiers may be used with wood fiber or wood cellulose at the rates indicated in the following table:
Minimum Rate/Acre for Wood Fiber or Wood Cellulose
Material | Rate/Acre Genaqua |
743 | 25 gallons 500 lbs. |
Curasol AK or HA | 25 gallons 500 lbs. |
Aero spray 70 | 25 gallons 500 lbs. |
9.2.j. In implementing the revegetation plan, the operator shall take into consideration the character of the mine soil. Factors to be considered are the following: 9.2.j.4. Steepness of slope;9.2.j.5. Standard field and laboratory overburden analysis; and9.2.j.6. Premining overburden analysis.9.2.k. Mine soils which have a demonstrated history of acidity or other chemical parameters which may limit vegetative success shall be analyzed by a qualified soils laboratory. The results of such analysis shall be made a part of the final planting plan.9.3. Standards for Evaluating Vegetative Cover.9.3.a. The planting plan may be amended or modified prior to implementation to reflect the results of analyses of mine soils and to make minor adjustments to application rates and species composition. Any amendments or modifications which reflect major changes in seeding or planting rates and species composition shall be submitted as a permit revision.9.3.b. Final Planting Report. A final planting plan report shall be submitted to the Secretary within sixty (60) days after Phase 1 bond reductions. The report shall contain the actual acreage planted, application rates of soil amendments, seed and seedlings mixtures and rates. Where tree plantings are a part of the revegetation plan, the report may reflect only grasses and legumes with a subsequent and separate report to be filed after the tree plantings are completed during the appropriate planting season.9.3.c. Time for Inspection. Prior to the recognized spring and fall planting seasons, the operator shall review all areas which were seeded and/or planted during previous planting seasons. The operator shall then cause those areas deficient in vegetative cover to be retreated (graded, seeded, planted, mulched, limed, etc.) to establish the required level of vegetation success.9.3.d. The Secretary shall conduct a vegetative inspection to verify that applicable standards for vegetative success have been met. The operator shall provide to the Secretary a vegetative evaluation using a statistically valid sampling technique with a ninety (90) percent statistical confidence interval. An inspection report shall be filed for each inspection and when the standard is met, the Secretary shall execute a Phase II bond release.9.3.e. After five (5) growing seasons following the last augmented seeding, planting, fertilization, revegetation, or other work, the operator may request a final inspection and final bond release which includes a final vegetative evaluation using approved, statistically valid sampling techniques. Upon receipt of such request, the Secretary shall conduct an inspection to verify the final vegetative evaluation. A final report shall be filed and if the applicable standards have been met, the Secretary shall release the remainder of the bond. Ground cover, production, or stocking shall be considered equal to the approved success standard when they are not less than 90 (ninety) percent of the success standard.9.3.f. For areas to be developed for hayland or pasture use, the operator shall achieve at least a ninety (90) percent ground cover and a productivity level as set forth by the Secretary during any two years of the responsibility period except for the first year. Substandard areas shall not exceed one-fourth (1/4) acre in size nor total more than ten (10) percent of the area seeded. Exceptions to this standard may be authorized by the Secretary based on the following: 9.3.f.1. For areas to be developed for industrial or residential use less than two (2) years after regrading is completed, the ground cover of living plants shall not be less than required to control erosion.9.3.f.2. For areas to be used for cropland, the success of crop production from the mined area shall be equal to or greater than that of the approved standard for the crop being grown over last two (2) consecutive growing seasons of the five growing season liability period. The applicable five growing season period of responsibility for revegetation shall commence at the date of initial planting of the crop being grown.9.3.g. On areas to be developed for forest land and/or wildlife use, success of vegetation shall be determined on the basis of tree and shrub survival and ground cover. Minimum standards for woody plants shall be seventy percent (70%) ground cover of legumes and perennial grasses, and four hundred fifty (450) trees (including volunteer tree species) and/or planted shrubs per acre for the growing season of the last year of the responsibility period. Substandard areas shall not exceed one-fourth (1/4) acre in size nor total more than twenty percent (20%) of the area seeded or planted. A professional wildlife biologist employed by the West Virginia Division of Natural Resources shall develop a planting plan that meets the requirements of the West Virginia Surface Coal Mining and Reclamation Act. Provided, that where a wildlife planting plan has been approved by a professional wildlife biologist and proposes a stocking rate of less than four hundred fifty (450) trees or shrubs per acre the standard for grasses and legumes shall meet those standards contained in subdivision 9.3.f of this subsection. At the time of final bond release, at least eighty (80) percent of all trees and shrubs used to determine revegetation success must have been in place for at least sixty (60) percent of the applicable minimum period of responsibility. Trees and shrubs counted in determining such success shall be healthy and shall have been in place for not less than two (2) growing seasons.
9.3.h. Forest resource conservation standards for commercial reforestation operations are as follows: 9.3.h.1. The minimum stocking rate of commercial tree species shall be in accordance with the approved forest management plan prepared by a registered professional forester. In no case may the rate be less than four hundred fifty (450) stems per acre of commercial tree species;9.3.h.2. A request for bond release shall be approved by the Secretary if the tree survival is equal to or greater than three hundred (300) trees per acre or the rate specified in the forest management plan and there is seventy percent (70%) herbaceous cover during the growing season of the last year of the responsibility period; and9.3.h.3. At the time of final bond release, at least eighty (80) percent of all trees and shrubs used to determine revegetation success must have been in place for at least sixty (60) percent of the applicable minimum period of responsibility. Trees and shrubs counted in determining such success shall be healthy and shall have been in place for not less than two (2) growing seasons.