N.D. Admin Code 69-05.2-22-07 - Performance standards - Revegetation - Standards for success
1. Success of
revegetation must be measured by using statistically valid techniques approved
by the commission. Comparison of ground cover and productivity may be made on
the basis of reference areas, through the use of standards in technical guides
published by the United States department of agriculture, or through the use of
other approved standards. If reference areas are used, the management of the
reference area during the responsibility period required in subsection 2 must
be comparable to that required for the approved postmining land use of the
permit area. If standards are used, they must be approved by the commission and
the office of surface mining reclamation and enforcement. Approved standards
are contained in the commission's Standards for Evaluation of Revegetation
Success and Recommended Procedures for Pre- and Postmining Vegetation
Assessments.
2. The period of
responsibility under the performance bond requirements of section
69-05.2-12-09 will begin following
augmented seeding, planting, fertilization, irrigation, or other work, except
for cropland and prime farmland where the period of responsibility begins at
the date of initial planting of the crop being grown or a precropland mixture
of grasses and legumes, and must continue for not less than ten years. However,
for eligible lands that are remined, the revegetation responsibility period
must continue for not less than five years.
3. Vegetation establishment, for the purpose
of the third stage bond release provided for in subdivision c of subsection 7
of North Dakota Century Code section
38-14.1-17, will be determined for
each postmining land use according to the following procedures:
a. For native grassland, tame pastureland,
and fish and wildlife habitat where the vegetation type is grassland, ground
cover on the permit area must be equal to or greater than that of the approved
reference area or standard with ninety percent statistical confidence. All
species used in determining ground cover must be perennial species not
detrimental to the approved postmining land use.
b. For cropland, vegetation will be
considered established after the successful seeding of the crop being grown or
a precropland mixture of grasses and legumes.
c. For prime farmland, annual average crop
production from the permit area must be equal to or greater than that of the
approved reference area or standard with ninety percent statistical confidence
for a minimum of three crop years.
d. For woodland, shelterbelts, and fish and
wildlife habitat where the vegetation type is woodland, the number of trees and
shrubs must be equal to or greater than the approved standard. Understory
growth must be controlled. Erosion must be adequately controlled by mulch or
site characteristics.
e. For fish
and wildlife habitat where the vegetation type is wetland, the basin must
exhibit the capacity to hold water and support wetland vegetation. Ground cover
of the contiguous areas must be adequate to control erosion.
4. The success of revegetation on
the permit area at the time of final bond release must be determined for each
postmining land use according to the following:
a. For native grassland, the following must
be achieved for any two years after year six of the responsibility period:
(1) Ground cover and productivity of the
permit area must be equal to or greater than that of the approved reference
area or standard with ninety percent statistical confidence; and
(2) Diversity, seasonality, and permanence of
the vegetation of the permit area must equal or exceed the approved
standard.
b. For tame
pastureland, ground cover and productivity of the permit area must be equal to
or greater than that of the approved standard with ninety percent statistical
confidence for any two years after year six of the responsibility
period.
c. For cropland, crop
production from the permit area must be equal to or greater than that of the
approved reference area or standard with ninety percent statistical confidence
for any two years after year six of the responsibility period.
d. For prime farmlands, a showing that the
requirements for the restoration of productivity as specified in subdivision c
of subsection 3 have been met and that the ten-year period of responsibility
has elapsed.
e. For woodlands and
fish and wildlife habitat where the vegetation type is woodland, the following
must be achieved during the growing season of the last year of the
responsibility period:
(1) The number of woody
plants established on the permit area must be equal to or greater than the
number of live woody plants of the same life form of the approved standard with
ninety percent statistical confidence. Trees, shrubs, half-shrubs, root crowns,
or root sprouts used in determining success of stocking must meet the following
criteria:
(a) Be healthy;
(b) Be in place for at least two growing
seasons;
(c) If any replanting of
woody plants took place during the responsibility period, the total number
planted during the last six years of that period must be less than twenty
percent of the total number of woody plants required. Any replanting must be by
means of transplants to allow for adequate accounting of plant stocking;
and
(d) Volunteer trees and shrubs
of approved species will be considered at least two years of age and can be
counted toward meeting success standards; however, volunteer trees must be at
least thirty inches [76 centimeters] in height to be included in the count.
Suckers on shrubby vegetation can be counted as volunteer plants when it is
evident the shrub community is vigorous and expanding;
(2) The ground cover must be equal to or
greater than ninety percent of the ground cover of the approved standard with
ninety percent statistical confidence and must be adequate to control erosion;
and
(3) Species diversity, seasonal
variety, and regenerative capacity of the vegetation on the permit area must be
evaluated on the basis of species stocked and expected survival and
reproduction rates.
f.
For shelterbelts, the following must be achieved during the growing season of
the last year of the responsibility period:
(1) Trees, shrubs, half-shrubs, root crowns,
or root sprouts used in determining success of stocking must meet the following
criteria:
(a) Be healthy;
(b) Be in place for at least two growing
seasons;
(c) If any replanting of
woody plants took place during the responsibility period, the total number
planted during the last six years of that period must be less than twenty
percent of the total number of woody plants required. Any replanting must be by
means of transplants to allow for adequate accounting of plant stocking;
and
(d) Volunteer trees and shrubs
of approved species will be considered at least two years of age and can be
counted toward meeting success standards; however, volunteer trees must be at
least thirty inches [76 centimeters] in height to be included in the count.
Suckers on shrubby vegetation can be counted as volunteer plants when it is
evident the shrub community is vigorous and expanding;
(2) Shelterbelt density and vigor must be
equal to or greater than that of the approved standard; and
(3) Erosion must be adequately
controlled.
g. For fish
and wildlife habitat, where the vegetation type is wetland, vegetation zones
and dominant species must be equal to those of the approved standard during the
growing season of the last year of the responsibility period. In addition,
wetland permanence and water quality must meet approved standards.
h. For fish and wildlife habitat, where the
vegetation type is grassland, the following must be achieved during the growing
season of the last year of the responsibility period:
(1) Ground cover must be equal to or greater
than that of the approved standard with ninety percent statistical confidence
and must be adequate to control erosion.
(2) Species diversity, seasonal variety, and
regenerative capacity of the vegetation must meet or exceed the approved
standard.
i. For
previously mined areas that were not reclaimed to the requirements of this
chapter, any reclamation requirements in effect when the areas were mined must
be met. In addition, the ground cover may not be less than can be supported by
the best available plant growth material in the reaffected area, nor less than
the ground cover existing before redisturbance. Adequate measures must be in
place to control erosion as approved by the commission. If lands affected by
coal or commercial leonardite mining activities prior to January 1, 1970, are
remined or otherwise redisturbed, the applicable standard must be met for the
last two consecutive years of the minimum five-year responsibility period that
applies to remined lands. However, if the postmining land use for the remined
area is woodlands, shelterbelts, or fish and wildlife habitat, the applicable
standard must be met for just the last year of the responsibility
period.
j. For areas to be
developed for water, residential, or industrial and commercial uses within two
years after the completion of grading or soil replacement, the ground cover on
these areas may not be less than required to control erosion.
k. For areas to be developed for recreation,
woody plants must meet or exceed the stocking and plant establishment standards
for woodlands or shelterbelts found in paragraph 1 of subdivision e or in
subdivision f as applicable. In addition, ground cover must not be less than
required to achieve the approved postmining land use.
l. If a reclaimed tract contains a mixture of
prime and nonprime farmlands, the commission may approve a single yield
standard for the entire tract based on the soil types that occurred on the
prime and nonprime areas prior to mining. The operator must provide a detailed
description and comparison of the soil mapping units, acreages, and yield
calculations in the reclamation plan as required by subsection 8 of section
69-05.2-09-15. When a single yield
standard is approved, the operator must demonstrate that the standard has been
achieved for any three years starting no sooner than the sixth year of the
responsibility period. If this option is approved, the operator must also meet
the applicable requirements of section
69-05.2-26-05 for the entire
tract.
5. Throughout
the liability period the permittee must:
a.
Maintain any necessary fences and use proper management practices;
and
b. Conduct periodic
measurements of vegetation, soils, and water prescribed or approved by the
commission.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24
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