W. Va. Code R. § 38-3-18

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 38-3-18 - State and Federal Compliance

The issuance of quarrying permit pursuant to W. Va. Code §22-4, as amended, and any rules promulgated thereunder authorizes the operations covered by said permit, but does not release the permit holder from any other legal duties imposed by the laws of this state or these United States.

TABLE ONE

1, 3 USE: HAY, PASTURE OR OTHER WHERE HERBACAOUS COVER IS DESIRED

1.

Alfalfa

Orchard grass

Tall Fescue

20 lbs.

10 lbs.

15 lbs.

2.

Birdsfoot Trefoil

Tall Fescue

2Weeping Lovegrass

10 lbs.

15 lbs.

3 lbs.

3.

Birdsfoot Trefoil

Orchard grass

2Weeping Lovegrass

10 lbs.

10 lbs.

3 lbs.

4.

Orchard grass

Red Top

20 lbs.

3 lbs.

5.

Crown Vetch

Tall Fescue

15 lbs.

20 lbs.

6.

Crown Vetch

Rye Grass

15 lbs.

15 lbs.

1 APPROVED SEED MIXTURES FOR OVER SEEDING TREE AND SHRUB SEEDLINGS FOR ELEVATIONS ABOVE 2500

7.

Tall Fescue

Birdsfoot Trefoil

30 lbs.

15 lbs.

8.

Tall Fescue

Rye Grass

Birdsfoot Trefoil

20 lbs.

10 lbs.

15 lbs.

9.

Tall Fescue

2Weeping Lovegrass

Birdsfoot Trefoil

20 lbs.

3 lbs.

15 lbs.

10.

Tall Fescue

Red Top

20 lbs.

4 lbs.

11.

Tall Fescue

2Weeping Lovegrass

20 lbs.

3 lbs.

12.

Tall Fescue

Sweet Clover

20 lbs.

10 lbs.

1 Establishment of vegetation includes liming pH range 5.5-7.0. Application of fertilizer shall be based on soil test results from a soil laboratory. Without a soil test, apply 600 lbs. 10-20-10 or equivalent, and protection from grazing during the seedling state.

2 Red Top may be substituted for Weeping Lovegrass for late summer and fall seedings at a rate of 3 lbs. per acre.

3On areas that will be used as pasture or hayland, timothy, perennial rye grass, red top, smooth brome or other appropriate species may be substituted for tall fescue.

TABLE TWO

APPROVED WOODLAND PLANT MIXTURES

(Nursery Grown Seedlings)

1. Black Locust (below 3000') White Pine

Plant in bands 6 rows or more in width Black Locust not to exceed 50%.

2. Black Locust (below 3000') Virginia Pine

Plant in bands 6 rows or more wide Black Locust not to exceed more than 50%.

3. Scotch Pine

White Pine

Red Pine (above 2000')

Virginia Pine (below 2500')

Use mixture of two or more if available Plant in bands 6 rows or more.

4. Black Locust (below 3000')

Tulip Poplar (below 3000')

Sycamore (below 2500')

Red Oak

Use up to one-half locust with one or more of hardwood species. Plant in bands 6 or more rows in each species.

5. Autumn Olive and adapted pine or hardwoods

Where owner's interest is wildlife improvement, plant in bands of 3 to 6 rows preferable with pines or in blocks of one-fourth acre spaced 600' apart.

6. European Black Alder (below (2500)

Sycamore

Indigo Bush

Autumn Olive

Use these plants where protection from grazing is impractical or protection will not be maintained. For wildlife habitat improvement use 3 to 6 row bands where two or more species are planted.

7. European Black Alder

Use European Black Alder where pH is near 5.5.

8. Black Locust

Use only on steep erodible outslopes.

9. Sweet Crab Apple1

Washington Hawthorne1

On bench of areas where owners primary1 interest is wildlife habitat improvement, plant in clumps of 12 spaced 10' to 12' apart. Clumps should be spaced 200' to 300' apart, planted in between with pine, Indigo Bush, or Autumn Olive to 300' apart, planted in between with pine, Indigo Bush or Autumn Olive.

10. Blackberry1 per block.

Plant on bench spaced 6 x 6 in blocks 100 plants per block.

11. Grey Dogwood1 Silky Cornell1

On bench near water impoundments spaced 8 x 8.

1 Should be planted only on the more favorable sites. Preferably a north or northeastern aspect with a pH of 5.5 or above.

TABLE THREE

1 APPROVED MIXTURES HERBACEOUS AND WOODY SPECIES FOR DIRECT SEEDING

1.

Tall Fescue

Birdsfoot Trefoil

Black Locust2

30 lbs.

15 lbs.

3 lbs.

2.

Tall Fescue

Rye Grass

Birdsfoot Trefoil

Black Locust2

20 lbs.

10 lbs.

15 lbs.

3 lbs.

3.

Tall Fescue

Weeping Lovegrass

Birdsfoot Trefoil

Black Locust2

20 lbs.

3 lbs.

15 lbs.

3 lbs.

4.

Orchard grass

Birdsfoot Trefoil

Black Locust2

30 lbs.

10 lbs.

3 lbs.

Better suited to higher elevations above 2500'

5.

Orchard grass

Red Top

Birdsfoot Trefoil

Black Locust2

20 lbs.

3 lbs.

10 lbs.

3 lbs.

Better suited to higher elevations to 2500'

1 Application of fertilizer shall be based on soil testing results from a soils laboratory. Without a soil test, apply a minimum of 600 lbs. per acre of 10-20-10 or 10-20-20. Equivalent amounts of nitrogen and phosphorus is acceptable.

2 Black Locust seed may be omitted on the bench areas or where erosion is not a serious problem, or at elevations above 2000', 1/4 lb./acre Virginia Pine; 1/4 lb/acre White Pine, and 3 lbs./acre Japonica Intermedia may be substituted for Black Locust.

TABLE FOUR

1 APPROVED MIXTURES FOR WATERWAYS, DIVERSIONS DRAINAGE STRUCTURES, HAULAGEWAYS, HIGHWALL ACCESS, ETC.

1.

Tall Fescue

Birdsfoot Trefoil

Red Top

50 lbs.

10 lbs.

3 lbs.

2.

Perennial Rye Grass

Tall Fescue

Birdsfoot Trefoil

20 lbs.

30 lbs.

3 lbs.

3.

Tall Fescue

Crown Vetch

Red Top

40 lbs

15 lbs.

3 lbs.

4.

Tall Fescue

Crown Vetch

50 lbs.

15 lbs.

5.

Tall Fescue

Reed Canarygrass

Red Top

30 lbs.

20 lbs.

3 lbs.

NOTE: Weeping lovegrass at 3 lbs. per acre may be substituted for Red Top for spring and early summer seedlings on well drained areas.

1 Application of fertilizer shall be based on soil test results from a soils laboratory. Without a soil test, apply a minimum of 600 lbs. per acre of 10-20-10 or 10-20-20. Equivalent amounts of nitrogen and phosphorus fertilizer is acceptable

TABLE FIVE

1 ANNUAL AND BIENNIAL COVER CROPS FOR TEMPORARY COVER

- Grasses -

Suggested Rates of Application - Pounds In Acres

Seeding Season

Balbo Rye

30-60

Fall

Abruzzi Rye

30-60

Fall

Wheat

30-60

Fall

Oats

30-60

Fall

Japanese Millet

10-15

Summer

Millets - German, Foxtail

10-15

Summer

Sudan Grass - Sorghum Hybrid

10-20

Summer

Pearl Millet

10-20

Summer

Sudan Grass

10-20

Summer

Annual Rye Grass

10-15

Spring or Fail

- Legumes -

Kobe Lespedeza

5-10

Summer

Korean Lespedeza

5-10

Summer

Hairy Vetch

20-40

Fall

Sweet Clover

10-20

Summer

- Forbs -

Buckwheat

30-60

Summer

1 Application of fertilizer shall be based on soil test results from a soils laboratory. Without a soil test, apply a minimum of 600 lbs. per acre of 10-20-10 or 10-20-20. Equivalent amounts of nitrogen and phosphorus fertilizer is acceptable.

W. Va. Code R. § 38-3-18