Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.24 - RECLAMATION › Subchapter 17.24.18 - Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act › Rule 17.24.1825 - PLANTING AND REVEGETATION

Current through Register Vol. 13, July 5, 2024
(1) A suitable
				permanent diverse primarily native vegetative cover capable of meeting the
				criteria set forth in
				82-4-233, MCA, shall be
				established on all areas of lands affected except traveled portions of railroad
				loops and roadways, areas of authorized water confinements, or areas where
				disturbance levels will preclude vegetation establishment. Areas shall be
				planted or seeded during the first seasonal opportunity following completion of
				grading topsoil redistribution and remedial soil treatments.
(2) An operator shall establish a permanent
				diverse vegetative cover of predominantly native species by drill seeding or
				planting, by seedling transplants, by establishing sod plugs, and/or by other
				methods. All methods must have prior approval by the department.
(3) The operator shall utilize certified seed
				of named varieties that have successfully demonstrated regional long range
				viability. Locally collected seed and locally grown seedlings shall be utilized
				when available in sufficient quality and quantity.
(4) An operator shall plant seed of a pure
				and viable nature. Unless otherwise approved by the department, seed shall be
				at least 90% pure. Seeding rates shall reflect germination
				percentages.
(5) The operator shall
				consider soil, climate, and other relevant factors when planting and/or seeding
				to provide for the best seed germination and plant survival.
(6) All drill seeding shall be done on the
				contour. When grasses, shrubs and/or forbs are seeded as a mixture they maybe
				drill seeded in separate rows at intervals specified in the standard soil
				conservation service (SCS) planting guidelines. Such mixed seedings shall be
				done in this manner wherever necessary to avoid deleterious competition of
				different vegetal types or to avoid seed distribution problems due to different
				seed sizes.
(7) Soil amendments
				shall be used as necessary to supplement the soil and to aid in the
				establishment of a permanent vegetative cover as specified in the approved
				reclamation plan or as later deemed necessary by the department.
(8) An operator shall use any other means
				necessary to insure the establishment of a diverse and permanent vegetative
				cover, including but not limited to irrigation, and fencing or other protective
				measures.
(9) The department may
				require the seeding of annual grasses and/or legumes on such areas as it deems
				necessary.
(10) Mulch shall be
				immediately applied to all areas that do not have permanent or temporary cover
				established when, in the opinion of the department, the grade or length of any
				slope presents a likelihood of substantial erosion or substantial deposition of
				sediment into any waters of the state.
(11) The department will annually inspect
				seeded areas at the end of the growing season to determine species diversity,
				germination and seedling take. If the department determines that seedings are
				unsuccessful in terms of good germination and/or seedling take, immediate
				investigative action shall be taken by the operator at the request of the
				department to determine the cause so that alternatives can be employed to
				establish the desired permanent vegetative cover at the very next seasonal
				opportunity. The investigative report shall be submitted along with prescribed
				course of corrective action prior to the next growing season.
(12) If the area affected is to be primarily
				utilized by domestic stock, the department may require incorporation of a
				grazing system after vegetation establishment to gauge stand tolerance to
				grazing pressure.
AUTH:
					 82-4-112, MCA; IMP:
					 82-4-125,
					 MCA