Illinois Administrative Code › Title 62 - MINING › Part 1816 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 1816.116 - Revegetation: Standards for Success

Current through Register Vol. 48, No. 28, July 12, 2024
a) Success of Revegetation
1) Success of revegetation shall be judged in
			 accordance with this Section, Section
			 1816.117, and as described in
			 the Agricultural Lands Productivity Formula (Illinois Department of Natural
			 Resources, Office of Mines and Minerals, Land Reclamation Division and Illinois
			 Department of Agriculture, Bureau of Land and Water Resources, October 19,
			 2021, this incorporation includes no later amendments or additions). The
			 Agricultural Lands Productivity Formula is a program that compares reclaimed
			 field crop yields against projected county yields adjusted annually for weather
			 variations. The Agricultural Lands Productivity Formula is described in writing
			 and made available to the public.
2) Requirements
A) The period of extended responsibility for
			 successful revegetation shall begin after the last year of augmented seeding,
			 fertilizing, irrigation, or other work, excluding husbandry practices that are
			 approved by the Department in accordance with subsection (a)(2)(C).
B) The period of extended responsibility
			 shall continue for a period of not less than 5 full years, except that on lands
			 eligible for remining, the period of responsibility shall be 2 full years.
			 Vegetation parameters identified in subsection (a)(1) shall equal or exceed the
			 approved success standard set forth in subsection (a)(3).
C) The Department shall approve selective
			 husbandry practices, excluding irrigation or augmented seeding or augmented
			 fertilization, without extending the period of responsibility for revegetation
			 success and bond liability, if such practices can be expected to continue as
			 part of the post-mining land use or if discontinuance of the practices after
			 the liability period expires will not reduce the probability of permanent
			 revegetation success. Approved practices shall be normal conservation and land
			 use management practices within the region for unmined lands having land uses
			 similar to the approved post-mining land use of the disturbed area, including
			 such practices as disease, pest, and vermin control; any pruning, reseeding
			 and/or transplanting specifically necessitated by such actions; approved
			 agricultural practices described in the Illinois Agronomy Handbook,
			 24th Edition (University of Illinois at
			 Champaign-Urbana, University of Illinois Extension, College of Agriculture,
			 Consumer and Environmental Science, (2009; this incorporation includes no later
			 amendments or editions)); and those practices that are a part of an approved
			 conservation plan subject to the Farm Security and Rural Investment Act of 2002
			 (P.L.
			 107-171; 116 Stat. 134). On all lands with a
			 postmining land use other than cropland, any areas reseeded or replanted as a
			 part or result of a normal husbandry practice must be sufficiently small in
			 size and limited in extent of occurrence, or part of a hay management plan
			 which is an agricultural practice described by the Illinois Agronomy Handbook
			 or as part of an approved conservation plan subject to the Farm Security and
			 Rural Investment Act of 2002, and the reestablished vegetation must be in place
			 for a sufficient length of time so as not to adversely affect the Department's
			 ability to make a valid determination at the time of bond release as to whether
			 the site has been properly reclaimed to a condition in which it will support a
			 diverse, effective, permanent vegetative cover of the required nature and
			 productivity. Copies of the Illinois Agronomy Handbook and the Farm Security
			 and Rural Investment Act of 2002 are available at the Department's Springfield
			 office.
D) Rill and gully repair on
			 cropland-capable reclaimed land will not be considered augmentation if a
			 permittee has an approved erosion control plan in place in the field pursuant
			 to 62 Ill. Adm. Code 1823.14(g) or
			 1825.14(f), and
			 shortly after the first rainfall event after the repair, the Department makes
			 the following determinations:
i) the area is a
			 minor erosional feature;
ii) the
			 area is small;
iii) the erosion is
			 not expected to recur; and
iv) the
			 area is stable.
The Department shall notify the permittee in writing whether or
				not a repair is augmentative after making the determination. Such written
				notice shall be in the form of an inspection report or other document issued by
				the Department.
E)
			 Rill and gully repair on noncropland-capable land will not be considered
			 augmentation if, shortly after the first rainfall event after the repair, the
			 Department makes the following determinations:
i) the area is a minor erosional
			 feature;
ii) the area is
			 small;
iii) the erosion is not
			 expected to recur; and
iv) the area
			 is stable.
The Department shall notify the permittee in writing whether or
				not a repair is augmentative after making the determination. Such written
				notice shall be in the form of an inspection report or other document issued by
				the Department.
F)
			 Augmentation
Wetlands shall be considered augmented when significant
				alterations are made to the size or character of the watershed, pumping is used
				to maintain water levels, or neutralizing agents, chemical treatments or
				fertilizers are applied to the wetland area, except that wetlands managed as
				wildlife food plot areas using agricultural techniques shall not be considered
				augmented when normal agricultural husbandry practices, such as routine liming
				and fertilization, are used. The application of neutralization agents and
				fertilizers used for minor remediation work or repairs is considered a normal
				husbandry practice and not augmentative. Water level management using permanent
				water control structures is considered a normal husbandry practice.
G) Other Management Practices
The Department shall approve the use of deep tillage for prime
				farmland and high capability land as a beneficial practice that will not
				restart the 5 year period of responsibility, if the following conditions are
				met:
i) The permittee has submitted a
			 request to use the practice and has identified the field that will be deep
			 tilled;
ii) One or more hay crops,
			 or other acceptable row crops, have been grown or will be grown to dry out the
			 subsoil prior to deep tilling the field; and
iii) The Department has determined that the
			 use of deep tillage will be beneficial to the soil structure and long term crop
			 production of the field and the benefits will continue well beyond the
			 responsibility period.
The Department shall notify the permittee in writing of its
				decision. Such written notice shall be in the form of an inspection report or
				other document issued by the Department.
3) Ground cover and production shall be
			 considered equal to the approved success standard when they are not less than
			 90% of the success standard. The sampling techniques for measuring success
			 shall use a 90% statistical confidence interval (i.e., one-sided t test with a
			 0.10 alpha error). Vegetative
			 ground cover shall be measured using the technique set forth in 62 Ill. Adm.
			 Code 1816.117(d).
			 Standards for success shall be applied in accordance with the approved
			 post-mining land use and, at a minimum, the following conditions:
A) The vegetative ground cover for areas
			 previously disturbed by mining operations that were not reclaimed to the
			 requirements 62 Ill. Adm. Code 1810 through 1828 and that are remined or
			 otherwise redisturbed by surface coal mining operations, shall not be less than
			 the greater of 70% or the percentage of ground cover existing before
			 redisturbance, and shall be adequate to control erosion during the last year of
			 the responsibility period;
B) For
			 areas to be developed for industrial, commercial or residential use less than 2
			 years after regrading is completed, the vegetative ground cover shall not be
			 less than that required to control erosion and shall not be less than
			 70%;
C) For areas designated in the
			 approved reclamation plan as cropland, except those cropland areas subject to
			 62 Ill. Adm. Code 1823.15, success of revegetation
			 of cropland areas shall be determined in accordance with subsection (a)(4) or
			 (a)(6). Crop production shall be considered successful if it is 90% of that
			 crop production required in subsection (a)(4) or (a)(6) with 90% statistical
			 confidence (i.e., one-sided t test with a
			 0.10 alpha error) for a minimum
			 of any 2 crop years of a 10 year period prior to release of the performance
			 bond, except the first year of the 5 year responsibility period. During the
			 extended 5 year responsibility period, erosion from cropland must be minimized
			 using equivalent or better management practices than surrounding unmined
			 cropland. The 5 year responsibility period shall begin after the last year of
			 augmented seeding, fertilizing, or soil treatment and at the time of the
			 planting of the crops to be grown for the productivity showing or crops grown
			 in rotation. Crop production for proof of productivity purposes shall be
			 initiated within 10 years after completion of backfilling and final grading.
			 All cropland shall be maintained using proper management practices as set forth
			 in subsection (a)(2)(C) until the end of the responsibility period. Once chosen
			 by the permittee, the productivity alternative in subsection (a)(6) may not be
			 modified without approval from the Department;
D) For areas to be developed for fish and
			 wildlife habitat (including shelter belts), recreation, or forest products land
			 uses, success of revegetation shall be determined on the basis of tree and
			 shrub populations and ground cover. The tree and shrub population and ground
			 cover shall meet the standards described in Section 1816.117;
E) For areas designated as pasture and/or
			 hayland or grazing land in the approved reclamation plan, except for erosion
			 control devices and other structures (i.e., levees, ditches, waterways,
			 impounding structures, etc.) productivity success (tons of grasses and/or
			 legumes per acre) shall be determined in accordance with subsection (a)(4) or
			 (a)(6). Productivity shall be considered successful if it is 90% of the
			 productivity required in subsection (a)(4) or (a)(6) with 90% statistical
			 confidence (i.e., one-sided t test with a
			 0.10 alpha error) for a minimum
			 of any 2 crop years of a 10 year period prior to release of the performance
			 bond, except the first year of the 5 year extended responsibility period. All
			 pasture, hayland and grazing land shall be maintained using proper management
			 practices as set forth in subsection (a)(2)(C) until the end of the
			 responsibility period. Production for proof of productivity purposes shall be
			 initiated within 10 years after completion of backfilling and final grading.
			 Ground cover shall be considered successful if it is 90% with 90% statistical
			 confidence (i.e., one sided t test with a
			 0.10 alpha error) for a minimum
			 of any 2 years of a 10 year period prior to the release of the performance
			 bond, except the first year of the 5 year extended responsibility period. On
			 high capability land, the Department shall allow the permittee to substitute
			 corn production for hay production. If determined to be a proper management
			 practice in accordance with subsection (a)(2)(C), the Department shall allow
			 the permittee to substitute one year of crop production of an allowable crop
			 specified in subsection (a)(4)(D) for one year of hay production on limited
			 capability land. Once chosen by the permittee, the productivity alternative in
			 subsection (a)(6) may not be modified without approval from the
			 Department;
F) Non-contiguous areas
			 less than or equal to 4 acres which were disturbed from activities such as, but
			 not limited to, signs, boreholes, power poles, stockpiles and substations shall
			 be considered successfully revegetated if the permittee can demonstrate that
			 the soil disturbance was minor, i.e., the majority of the subsoil remains in
			 place, the soil has been returned to its original capability and the area is
			 supporting its approved post-mining land use at the end of the responsibility
			 period.
4) In order to
			 use the Agricultural Lands Productivity Formula, or the alternative in
			 subsection (a)(6), to determine success of revegetation, the following shall
			 apply:
A) The permittee shall submit annually,
			 by February 15, a one inch equals 500 (1:500) feet or larger scale drawing or
			 aerial photograph delineating:
i) Field
			 boundaries, a field numbering scheme and the total acreage for each field which
			 will be cropped to demonstrate proof of productivity for the coming crop year.
			 The Department shall approve such submittal if the information is correct and
			 accurate. Once field boundaries are established in a submittal, the boundaries
			 shall not be changed without recommencing the responsibility period, unless the
			 submittal is amended in accordance with subsection (a)(4)(A)(ii); and
ii) The crop (e.g., hay, wheat, corn,
			 soybeans, etc.) which will be grown on each field to demonstrate proof of
			 productivity for the coming crop year. The permittee may amend its scale
			 drawing in accordance with 62 Ill. Adm. Code
			 1774.13(b)(2)
			 until July 15 of the submittal year. Each such amendment shall contain a
			 written explanation of changes from the original submittal and include a map
			 reflecting the changes. A field is an area of land reclaimed by a single
			 reclamation technique that comprises either high capability land or prime
			 farmland or limited capability land. The size of the field and its boundaries
			 are determined by such factors which include, but are not limited to, contour,
			 non-cropped boundaries and size of farming equipment.
B) Fields identified in subsection (a)(4)(A)
			 to be measured for success of revegetation for cropland shall be planted
			 annually to a single approved crop. The current sampling method of the
			 Agricultural Lands Productivity Formula shall apply. Soil and water
			 conservation practices approved in the permit application including but not
			 limited to grass waterways, diversion ditches, contour grass strips, and
			 sedimentation ponds within the boundaries of a field shall be excluded from the
			 sampling requirements of the Agricultural Lands Productivity Formula and shall
			 remain vegetated with permanent ground cover species, where appropriate, to
			 conserve soil and water resources. Subject to rulemaking, the Department in
			 cooperation with the Illinois Department of Agriculture may determine if a
			 portion of a field is a representative sample of the entire field when
			 technology has developed to make it possible through physical and chemical
			 agronomic testing to demonstrate success of vegetation through soil surveys or
			 when statistically valid sampling procedures are developed for determining
			 success of revegetation based upon cropping and sampling a representative
			 portion of the field.
C)
			 Adjustments for abnormal growing conditions shall be accepted by the Department
			 if the adjustments are certified by a qualified professional (American Society
			 of Agronomy certified) or National Association of State Departments of
			 Agriculture crop enumerators used under this Section, whose ability to perform
			 such adjustments has been previously approved by the Department.
D) The crops to be grown shall include those
			 commonly grown on surrounding unmined cropland such as corn, soybeans, hay or
			 wheat. The Department may approve a hay crop use where this is a common use of
			 unmined cropland in the surrounding area. Prime farmland and other cropland
			 areas must include a minimum of one successful year of corn and if the
			 Department has approved its use, a maximum of one successful year each of hay
			 and wheat crops, may be used for the productivity demonstration. If deep
			 tillage has been completed to a minimum depth of 36 inches prior to bond
			 release, the applicant may use more than one successful year of hay or wheat as
			 a crop to be used for the productivity demonstration. The requirement for one
			 successful year of corn remains unchanged under this subsection
			 (a)(4)(D).
5) Wetland
			 revegetation shall be deemed successful when:
A) The applicable wetland vegetation criteria
			 included in the following reference materials have been met: Corps of Engineers
			 Wetlands Delineation Manual (Department of the Army Technical Report Y-87-1,
			 January 1987, published by the Department of the Army, Waterways Experiment
			 Station, Corps of Engineers, P.O. Box 631, Vicksburg, Mississippi 39180-0631),
			 Regional Supplement to the Corp of Engineers Wetlands Delineation Manual:
			 Midwest Region (Department of the Army ERDC/EL TR-10-16, August 2010, published
			 by the Department of the Army, U.S. Army Engineer Research and Development
			 Center, 3909 Ferry Halls Road, Vicksburg, MS 39180-6199), and the National
			 Wetland Plant List for the State of Illinois (U.S. Army Corps of Engineers
			 2018, National Wetland Plant List, version
			 3.4
http://wetland-plants.usace.army.mil
).
			 The reference materials are available for inspection and copying at the
			 Department's Springfield office; and
B) Areas designed to support vegetation in
			 the approved plan shall have a minimum areal coverage of 30%. The testing
			 procedure in Section 1816.117(d)(1) through
			 (3) shall be used to evaluate the extent of
			 cover. Areal cover shall be determined to be present if any approved wetland
			 species is measured at the increment. The percentage of areal cover shall be
			 established for the area tested by taking the total number of measurements
			 where areal cover was determined to be present.
6) In order to use the alternative to the
			 Agricultural Lands Productivity Formula to determine success of revegetation,
			 the following shall apply: use of this alternative is contingent upon the
			 permittee demonstrating for the entire field that the soil strength of the
			 entire soil profile will average [LESS THAN OR EQUAL TO] 200 psi or has been
			 deep tilled to a minimum depth of 36 inches prior to bond release, and soil
			 fertility will average Optimum Management for pH, P and K values as defined
			 under the current Illinois Agronomy Handbook, and intensive land leveling is
			 implemented, as needed, for the entire field. Areas to be tested are allowed
			 under the provisions of subsection (a)(3)(C) or (E). The alternative to the
			 Agricultural Lands Productivity Formula compares reclaimed field crop yields
			 against an average of the five most recent county yields adjusted annually for
			 weather variations.
The following substitution of the annual pit base yield
				adjustment shall read:
County Success Factor = Average of the Five Previous County
				Success Factors