(a) The standards for successful revegetation
shall be determined by ground cover, unless the approved postmining land use is
cropland, in which case the standards shall be based upon crop productivity or
yield. The standards for successful revegetation of pastureland shall be
determined by ground cover.
(b) The
approved standard shall be 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
of permanent plant species. When woody species are planted in mixture with
herbaceous species, the above standards shall be met and 400 woody plants per
acre shall be established except:
(1) On
slopes greater than 20 degrees, the minimum number of woody plants shall be 600
per acre.
(2) When the approved
postmining land use is commercial forest land, the minimum number of woody
plants shall be 450 living commercial trees per acre.
(3) When the approved postmining land use is
wildlife habitat, the requirements of §
88.125(b)
(relating to revegetation: tree and shrub species and seedling standards) shall
apply and the areas approved for planting of woody species shall have a minimum
of 400 woody plants per acre.
(c) For purposes of measuring the stocking
standards for woody species, the following apply:
(1) Root crown or root sprouts over 1 foot in
height shall count as one toward meeting the stocking requirements. Where
multiple stems occur, only the tallest stem shall be counted.
(2) A tree or shrub shall count as one toward
meeting the stocking requirements if the tree or shrub has been in place at
least two growing seasons and is alive and healthy with at least 1/3 of its
length in live crown.
(d)
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 on site, expressed as a
percentage of the total area of measurement.
(e) When the approved postmining land use is
cropland, the approved standard shall be the average yields 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. The
productivity or yield of the mined area shall be equal to or greater than the
approved standard for the last two consecutive growing seasons of the extended
period of responsibility established in §
86.151 (relating to period of
liability). Productivity or yield shall be considered equal if production or
yield is at least 90% of the approved standard.
(f) Standards for determining success of
restoration on prime farmlands soils shall be based upon the soil surveys and
soil interpretations and the latest yield data available from the United States
Department of Agriculture Natural Resources Conservation Service.
(1) If crops are grown, standards for
determining success of restoration shall be based on crop yields. The current
estimated yields under equivalent levels of management for each soil map unit
and for each crop shall be used by the Department as the predetermined target
level for determining success of revegetation. The target yields may be
adjusted by the Department in consultation with the United States Secretary of
Agriculture before approval of the permit application. The crop productivity or
yield of the mined area shall be compared to the predetermined target level. As
a minimum, the following standards shall be met:
(i) Average annual crop production shall be
determined based upon a minimum of 3 years' data. Crop production shall be
measured for the 3 years immediately prior to release of bonding according to
Chapter 86 Subchapter F (relating to bonding and insurance
requirements).
(ii) Adjustments for
weather-induced variability in the annual crop production may be permitted by
the Department.
(iii) Restoration
of prime farmland shall be considered a success when the adjusted 3-year
average annual crop production is equivalent to, or higher than, the
predetermined target level of crop production.
(2) If crops are not grown, standards for
determining success of restoration shall be based on a soil survey, in addition
to meeting the standards of subsection (b). The permittee shall demonstrate to
the Department that the prime farmland soil has been restored to a capability
of equivalent or higher levels of yield as nonmined prime farmland of the same
soil type in the surrounding area. The demonstration shall include erodibility,
moisture holding capacity, permeability, depth, texture, pH and other analysis
deemed relevant by the Department for determining quality of the restored soils
as prime farmland.
(g) In
all cases, soil productivity for prime farmlands shall be returned to
equivalent levels of yield as nonmined land of the same soil type in the
surrounding area under equivalent management practices as determined from the
soil survey performed under §
88.32 (relating to prime farmland
investigation).