reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-2 - Phase III Revegetation Success Standards for Cropland › Section 11-8-8-2-A-2-II - Success Standards and Measurement Frequency

Current through June 25, 2024
A.
					 General Revegetation Requirement for Ground Cover
1. Following cropland soil replacement, the
					 soil surface shall be stabilized with a vegetative cover or other means that
					 effectively controls soil loss by wind and water erosion.
2. Ground cover shall consist of the species
					 or species mixture which has been approved in the permit. Unacceptable plant
					 species are listed in Addendum T. Whenever the cropland is planted to a
					 perennial cover, then up to thirty-five percent of the cover may consist of
					 volunteer species not listed in Addendum T.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-2 - Phase III Revegetation Success Standards for Cropland › Section 11-8-8-2-A-2-III - Sampling Procedures

Current through June 25, 2024
A. Random Sampling
1. To assure that the samples truly represent
					 the vegetative characteristics of the whole release and reference area, the
					 permittee must use methods that will provide 1) a random selection of sampling
					 sites, 2) a sampling technique unaffected by the sampler's preference, and 3)
					 sufficient samples to represent the true mean of the vegetation
					 characteristics.
2. Sampling points
					 shall be randomly located by using a grid overlay on a map of the release or
					 reference area and by choosing horizontal and vertical coordinates as described
					 in Addendum A. Each sample point must fall within the release or reference area
					 boundaries and be within an area having the vegetative cover type being
					 measured. Additionally, if the release area does not consist of a single unit,
					 at least one sample point must be measured in each noncontiguous
					 unit.
3. The permittee shall notify
					 the Office of Geology ten days prior to conducting sampling or other harvesting
					 operations to allow any authorized representative of the Department an
					 opportunity to monitor the sampling procedures.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-2 - Phase III Revegetation Success Standards for Cropland › Section 11-8-8-2-A-2-IV - Data Submission and Analysis

Current through June 25, 2024
Refer to Addendum U for procedure to manually sample row
						crops. If the data show that the average production success has been met, the
						permittee shall submit the data to the Department in the format shown in
						Addenda B, D, and O.
When the data indicate that the average production was
						insufficient, but close to the standards, the permittee may submit the data to
						the Department to determine if the production was acceptable when statistically
						compared to the standards using a t-test at a 90 percent statistical confidence
						interval. (See Addenda N and P.)
Row crop and raw sampling frame yield data from reclaimed
						(mined) areas and reference areas must be adjusted for moisture. (See Addendum
						R)
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-2 - Phase III Revegetation Success Standards for Cropland › Section 11-8-8-2-A-2-V - Maps

Current through June 25, 2024
A. Whenever a new Phase III plan is submitted
					 to the Permit Board, it must be accompanied by maps showing:
1. the location of the area proposed for
					 release covered by the plan;
2. the
					 location of test and reference plots; and
3. all permit boundaries.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-2 - Phase III Revegetation Success Standards for Cropland › Section 11-8-8-2-A-2-VI - Mitigation Plan

Current through June 25, 2024
Productivity must meet or exceed these standards at least
						two sampling years by the fifth year. If productivity is not achieved by these
						dates, the permittee must submit a mitigation plan to the Permit Board which
						includes the following:
A. a statement
					 outlining the problem;
B. a
					 discussion of what practices, beyond normal farming practices, the operator
					 intends to use to enable the area to finally meet the release standards;
					 and
C. a new Phase III liability
					 release plan.
If renovation, soil substitution, or any other practice
						which constitutes augmentation is employed, the five-year responsibility period
						shall restart when the mitigation plan is approved and the practices are
						completed.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-3 - Phase III Revegetation Success Standards for Industrial or Commercial Land › Section 11-8-8-2-A-3-I - Introduction

Current through June 25, 2024
This policy describes the criteria and procedures for
						determining Phase III success standards for areas being restored to an
						industrial or commercial land use.
These standards do not apply to areas such as buildings,
						parking lots, and roads which are part of an industrial or commercial land use
						and are not intended to be vegetated. The revegetation standards described here
						only apply to those parts of the industrial or commercial land use which will
						require vegetative erosion control.
Revegetation success on industrial or commercial land use
						areas must be determined on the basis of the following conditions:
1. general revegetation requirements of the
					 approved permit; and
2. ground
					 cover density.
The permittee is responsible for measuring the vegetation
						and for submitting the data to the Department for analysis. Measurements of the
						vegetation must be made in accordance with the procedures outlined in this
						document.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-3 - Phase III Revegetation Success Standards for Industrial or Commercial Land › Section 11-8-8-2-A-3-II - General Revegetation Requirements

Current through June 25, 2024
The general requirements for revegetation shall be
						considered satisfied upon the determination by the Department that:
A. The permittee has established on regraded
					 areas and all other disturbed areas, except water areas, and surface areas of
					 roads and areas around buildings that are approved as part of the postmining
					 land use, a vegetative cover that is in accordance with the reclamation plan in
					 the approved permit and that is:
1. diverse,
					 effective, and permanent;
2.
					 comprised of species not listed in Addendum T, and which are necessary to
					 achieve the postmining land use and approved by the regulatory
					 authority;
3. at least equal in
					 extent of cover to the natural vegetation of the area; and
4. capable of stabilizing the soil surface
					 from erosion.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-3 - Phase III Revegetation Success Standards for Industrial or Commercial Land › Section 11-8-8-2-A-3-III - Success Standards and Measurement Frequency

Current through June 25, 2024
A.
					 Ground Cover
1. In areas developed for
					 industrial or commercial land use within two years of regrading, ground cover
					 shall not be less than seventy percent at a ninety percent statistical
					 confidence level.
2. If the area is
					 not developed for industrial or commercial use within two years of regrading,
					 any areas that are vegetated must be designated with another acceptable land
					 use and evaluated under the appropriate success standard.
3. The aggregate of areas with less than
					 seventy percent ground cover must not exceed five percent of the release area.
					 These areas must not be larger than one acre and must be completely surrounded
					 by desirable vegetation which has a ground cover of seventy percent. Areas void
					 of desirable vegetation may not be larger than one quarter of an acre and must
					 be surrounded by desirable vegetation which has a ground cover of seventy
					 percent.
4. No more than thirty
					 percent of the stand can be approved species not listed in the
					 permit.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-3 - Phase III Revegetation Success Standards for Industrial or Commercial Land › Section 11-8-8-2-A-3-IV - Sampling Procedures

Current through June 25, 2024
A. Random Sampling
1. To assure that the samples truly represent
					 the vegetative characteristics of the whole release area, the permittee must
					 use methods that will provide 1) a random selection of sampling sites, 2) a
					 sampling technique unaffected by the sampler's preference, and 3) sufficient
					 samples to represent the true mean of the vegetation characteristics.
2. Sampling points shall be randomly located
					 by using a grid overlay on a map of the release area and by choosing horizontal
					 and vertical coordinates as described in Addendum A. Each sample point must
					 fall within the release area boundaries and be within an area having the
					 vegetative cover type being measured. Additionally, at least one sample point
					 must be measured in each noncontiguous unit, if the release area does not
					 consist of a single unit.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-3 - Phase III Revegetation Success Standards for Industrial or Commercial Land › Section 11-8-8-2-A-3-V - Data Analysis

Current through June 25, 2024
A. If the data show
					 that revegetation success has been met, the permittee shall submit the data to
					 the Department for review in the format shown in Addendum C within four months
					 of collection.
B. When the data
					 indicate that the average ground cover density was insufficient, but close to
					 the standards, the permittee may submit the data to the Department to determine
					 if the vegetation is acceptable when statistically compared to the standards
					 using a ninety percent statistical confidence interval. Addendum L explains how
					 the statistical analysis shall be performed.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-3 - Phase III Revegetation Success Standards for Industrial or Commercial Land › Section 11-8-8-2-A-3-VI - Maps

Current through June 25, 2024
A. Whenever a new Phase III plan is submitted
					 to the Permit Board, it must be accompanied by maps showing the location of the
					 area proposed for release covered by the plan.
B. Whenever data from a previously approved
					 plan is submitted to the Permit Board, it must be accompanied by maps showing:
1. the location of each transect;
2. the area covered by the sampling;
					 and
3. all permit
					 boundaries.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-3 - Phase III Revegetation Success Standards for Industrial or Commercial Land › Section 11-8-8-2-A-3-VII - Mitigation Plan

Current through June 25, 2024
Ground cover must be greater than or equal to seventy
						percent coverage the fifth year following completion of the last augmented
						seeding. If it is not, the permittee must submit a Mitigation Plan to the
						Permit Board which includes the following:
A. a statement outlining the
					 problem;
B. a discussion of what
					 practices, beyond normal agronomic practices, the operator intends to use to
					 enable the area to finally meet the release standards; and
C. a new Phase III liability release plan.
If any practice which constitutes augmentation is
						employed, the five-year responsibility period shall restart when the mitigation
						plan is approved and the practices are completed.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-4 - Phase III Revegetation Success Standards for Pasture and Previously Mined Areas › Section 11-8-8-2-A-4-I - Introduction

Current through June 25, 2024
This policy describes the criteria and procedures for
						determining Phase III ground cover and production success for areas being
						restored to pasture and previously mined areas.
Ground cover and production success on pasture must be
						determined on the basis of the following conditions:
1. general revegetation requirements of the
					 approved permit;
2. ground cover
					 density; and
3. production.
The permittee is responsible for determining and
						measuring ground cover and production and submitting this data to the
						Department for evaluation. Procedures for making these determinations are
						described in this document.
For areas previously disturbed by mining that were not
						reclaimed to the standards of these regulations and that are remined or
						otherwise redisturbed by surface coal mining operations, as a minimum, the
						vegetative ground cover shall not be less than the ground cover existing before
						redisturbance and shall be adequate to control erosion. This ground cover
						standard must have been determined and incorporated into the permit prior to
						disturbance. There is no productivity standard.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-4 - Phase III Revegetation Success Standards for Pasture and Previously Mined Areas › Section 11-8-8-2-A-4-II - General Revegetation Requirements

Current through June 25, 2024
The general requirements for revegetation shall be
						considered satisfied upon the determination by the Department that:
A. The permittee has established on regraded
					 areas and all other disturbed areas, except water areas, surface areas of roads
					 and areas around buildings that are approved as part of the postmining land
					 use, a vegetative cover that is in accordance with the reclamation plan in the
					 approved permit and that is:
1. diverse,
					 effective, and permanent;
2.
					 comprised of species native to the area, or of introduced species which are
					 desirable and allowable, not listed in Addendum T, and are necessary to achieve
					 the postmining land use and approved by the regulatory authority;
3. at least equal in extent of cover to the
					 natural vegetation of the area; and
4. capable of stabilizing the soil surface
					 from erosion.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-4 - Phase III Revegetation Success Standards for Pasture and Previously Mined Areas › Section 11-8-8-2-A-4-III - Success Standards and Measurement Frequency

Current through June 25, 2024
A.
					 Ground Cover
1. Ground cover shall be
					 considered acceptable if it is at least ninety percent of the approved success
					 standard at a ninety percent statistical confidence level for any two of the
					 last four years of the five year responsibility period. The success standard
					 for ground cover shall be ninety percent density. Other approved success
					 standards could be other areas that are representative of unmined lands in the
					 area being reclaimed or through the use of technical guidance procedures
					 published by the United States Department of Agriculture (USDA) or United
					 States Department of Interior (USDI) for assessing ground cover and
					 productivity.
Ground cover must be measured over each noncontiguous
						area which is proposed for release. The aggregate of areas with less than 90
						percent ground cover must not exceed five percent of the release area. These
						areas must not be larger than one acre and must be completely surrounded by
						desirable vegetation which has a ground cover of ninety percent. Areas void of
						desirable vegetation may not be larger than one quarter of an acre and must be
						surrounded by desirable vegetation which has a ground cover of ninety
						percent.
2. Ground cover
					 shall consist of the species mixture which has been approved in the original
					 permit or an approved acceptable species mixture as recommended by the
					 USDA/Natural Resources Conservation Service (NRCS) for use in that area. No
					 more than fifteen percent of the stand can be approved species not listed in
					 the permit. If the area was previously mined, thirty-five percent can be
					 approved species not listed in the permit. See Addendum T for unacceptable
					 plant species.
3. The sampling
					 techniques for measuring success shall use a ninety percent statistical
					 confidence interval (i.e., one sided test with a .10 alpha error). Whenever
					 ground cover is equal to or exceeds the success standard, the statistical
					 confidence interval test does not have to be determined.
4. Ground cover success and forage production
					 success need not be met during the same year.
5. Ground cover shall be sampled twice during
					 any two of the last four years of the five-year responsibility period to verify
					 cover data.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-4 - Phase III Revegetation Success Standards for Pasture and Previously Mined Areas › Section 11-8-8-2-A-4-IV - Sampling Procedures

Current through June 25, 2024
A. Random Sampling
1. To assure that the samples truly represent
					 the vegetative characteristics of the whole release or reference area, the
					 permittee must use methods that will provide:
a) a random selection of sampling
					 sites,
b) a sampling technique
					 unaffected by the sampler's preference, and
c) sufficient samples to represent the true
					 mean of the vegetation characteristics.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-4 - Phase III Revegetation Success Standards for Pasture and Previously Mined Areas › Section 11-8-8-2-A-4-V - Data Submission and Analysis

Current through June 25, 2024
If the data shows that revegetation success has been met,
						the permittee shall submit the data to the Department for review in the format
						shown in Addenda B, C, and O.
When the data indicates that the average ground cover and
						average forage production was insufficient, but close to the standards, the
						permittee may submit the data to the Department to determine if the production
						was acceptable when statistically compared to the standards using a t-test at a
						ninety percent statistical confidence interval. See Appendices B, O, and
						P.
Raw yield data from reclaimed (mined) areas and raw data
						from reference (unmined) areas must be oven dried to remove moisture. This must
						be done before statistical comparisons can be made.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-4 - Phase III Revegetation Success Standards for Pasture and Previously Mined Areas › Section 11-8-8-2-A-4-VI - Maps

Current through June 25, 2024
A. Whenever a new Phase III plan is submitted
					 to the Permit Board, it must be accompanied by maps showing:
1. the location of the area proposed for
					 release covered by the plan;
2. the
					 location of test and reference plots; and
3. all permit boundaries.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-4 - Phase III Revegetation Success Standards for Pasture and Previously Mined Areas › Section 11-8-8-2-A-4-VII - Mitigation Plan

Current through June 25, 2024
Ground cover and forage productivity must equal or exceed
						the standards for Phase III liability release for at least two sampling years
						during the second through the fourth years following completion of the last
						augmented seeding. If productivity is not achieved by these dates, the
						permittee must submit a mitigation plan to the Permit Board which includes the
						following:
A. a statement outlining the
					 problem;
B. a discussion of what
					 practices, beyond normal farming practices, the operator intends to use to
					 enable the area to finally meet the release standards; and
C. a new Phase III liability release plan.
If any practice which constitutes augmentation is
						employed, the five year responsibility period shall restart after the
						mitigation plan is approved and the practices are completed.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-5 - Phases II/III Revegetation Success Standards for Prime Farmland › Section 11-8-8-2-A-5-I - Introduction

Current through June 25, 2024
This policy describes the criteria and procedures for
						determining Phase II/III success standards for areas being restored to prime
						farmland.
Ground cover and soil productivity success of
						revegetation on prime farmland, shall be determined on the basis of crop
						production.
The permittee is responsible for determining and
						measuring production and submitting this data to the Department for evaluation.
						Procedures for making these determinations are described in this
						document.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-5 - Phases II/III Revegetation Success Standards for Prime Farmland › Section 11-8-8-2-A-5-II - Success Standards and Measurement Frequency

Current through June 25, 2024
A.
					 General Revegetation Requirement for Ground Cover
1. Following prime farmland soil replacement,
					 the soil surface shall be stabilized with a vegetative cover or other means
					 that effectively controls soil loss by wind and water erosion.
2. Ground cover shall consist of the species
					 or species mixture which has been approved in the permit. Whenever the Prime
					 Farmland is planted to a perennial cover, then up to five percent of the cover
					 may consist of volunteer species not listed in Addendum T. Unacceptable plant
					 species are listed in Addendum T.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-5 - Phases II/III Revegetation Success Standards for Prime Farmland › Section 11-8-8-2-A-5-III - Sampling Procedures

Current through June 25, 2024
Crop production on prime farmland shall be measured by
						one of the following methods:
1.
					 Randomly selected representative samples, see Addenda A, B, N, Q, S, and
					 U.
2. Whole site harvest, see
					 Addenda D, O, P, Q, R, and S.
3.
					 Representative test plots, see Addenda A, B, D, N, O, P, Q, R and S.
A. Random Sampling
1. To assure that the samples truly represent
					 the vegetative characteristics of the whole release and reference area, the
					 permittee must use methods that will provide 1) a random selection of sampling
					 sites, 2) a sampling technique unaffected by the sampler's preference, and 3)
					 sufficient samples to represent the true mean of the vegetation
					 characteristics.
2. Sampling points
					 shall be randomly located by using a grid overlay on a map of the release or
					 reference area and by choosing horizontal and vertical coordinates as described
					 in Addendum A. Each sample point must fall within the release or reference area
					 boundaries and be within an area having the vegetative cover type being
					 measured. Additionally, at least one ground cover sample point must be measured
					 in each noncontiguous parcel of the release area.
3. The permittee shall notify the Office of
					 Geology ten days prior to conducting sampling or other harvesting operations to
					 allow any authorized representative of the Department an opportunity to monitor
					 the sampling procedures.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-5 - Phases II/III Revegetation Success Standards for Prime Farmland › Section 11-8-8-2-A-5-IV - Data Analysis

Current through June 25, 2024
If the data show that production success has been met,
						the permittee shall submit the data to the Department for review in the format
						shown in Addenda B, D, and O.
When the data indicate that the average crop or average
						forage production was insufficient, but close to the standards, the permittee
						may submit the data to the Department to determine if the production was
						acceptable when statistically compared to the standards using a t-test at a
						ninety percent statistical confidence interval. (See Addenda N and P.)
Row crop and raw sampling frame yield data from reclaimed
						(mined) areas and reference areas must both be adjusted for moisture. Addendum
						R.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-5 - Phases II/III Revegetation Success Standards for Prime Farmland › Section 11-8-8-2-A-5-V - Maps

Current through June 25, 2024
A. Whenever a new Phase II/III plan is
					 submitted to the Permit Board, it must be accompanied by maps showing:
1. the location of the area proposed for
					 release covered by the plan;
2. the
					 location of test and reference plots; and
3. all permit boundaries.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-5 - Phases II/III Revegetation Success Standards for Prime Farmland › Section 11-8-8-2-A-5-VI - Mitigation Plan

Current through June 25, 2024
Productivity must meet or exceed these standards at least
						two sampling years by the fifth year; and three sampling years by the sixth
						year. If productivity is not achieved by these dates, the permittee must submit
						a mitigation plan to the Permit Board which includes the following:
A. a statement outlining the
					 problem;
B. a discussion of what
					 practices, beyond normal farming practices, the operator intends to use to
					 enable the area to finally meet the release standards; and
C. a new Phase II/III liability release plan.
If any practice which constitutes augmentation is
						employed, the five-year responsibility period shall restart when the mitigation
						plan is approved and the practices are completed.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-6 - Phase III Revegetation Success Standards for Recreation Land › Section 11-8-8-2-A-6-I - Introduction

Current through June 25, 2024
This policy describes the criteria and procedures for
						proving Phase III ground cover and stocking success for areas being restored to
						a recreation land use.
Revegetation success on a recreation land use must be
						determined on the basis of the following conditions:
1. general revegetation requirements of the
					 approved permit;
2. ground cover
					 density; and
3. tree and shrub
					 stocking and survival.
The permittee is responsible for determining the ground
						cover and stocking rate and submitting the data to the Department for
						evaluation. Procedures for making these determinations are described in this
						document.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-6 - Phase III Revegetation Success Standards for Recreation Land › Section 11-8-8-2-A-6-II - General Revegetation Requirements

Current through June 25, 2024
The general requirements for revegetation shall be
						considered satisfied upon the determination by the Department that:
A. The permittee has established on regraded
					 areas and all other disturbed areas, except water areas and surface areas of
					 roads and areas around buildings that are approved as part of the postmining
					 land use, a vegetative cover that is in accordance with the reclamation plan in
					 the approved permit and that is:
1. diverse,
					 effective, and permanent;
2.
					 comprised of species native to the area, or of introduced species which are
					 desirable, not listed in Addendum T, and are necessary to achieve the
					 postmining land use and approved by the Permit Board;
3. at least equal in extent of cover to the
					 natural vegetation of the area; and
4. capable of stabilizing the soil surface
					 from erosion and not be less than that required to achieve the approved
					 postmining land use.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-6 - Phase III Revegetation Success Standards for Recreation Land › Section 11-8-8-2-A-6-III - Success Standards and Measurement Frequency

Current through June 25, 2024
A.
					 Ground Cover
1. Vegetative ground cover shall
					 not be less than that required to achieve the approved postmining land
					 use.
2. Ground cover shall be
					 considered acceptable if it is equal to a density of seventy percent at a
					 ninety percent statistical confidence level (one sided test with a .10 alpha
					 error). This does not mean seventy percent of a reference area; ground cover
					 must average seventy percent of all the points sampled.
The aggregate of areas with less than seventy percent
						ground cover must not exceed five percent of the release area. These areas must
						not be larger than one acre and must be completely surrounded by desirable
						vegetation which has a ground cover of seventy percent. Ground cover must be
						measured over the entire area which is proposed for release. Areas void of
						desirable vegetation may not be larger than 1/4 acre and must be surrounded by
						desirable vegetation which has a ground cover of seventy percent.
3. Ground cover shall be sampled
					 once during the last year of the five-year responsibility period. Follow
					 procedures outlined in Addenda A and I.
4. No more than thirty percent of the stand
					 can consist of approved species not listed in the permit.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-6 - Phase III Revegetation Success Standards for Recreation Land › Section 11-8-8-2-A-6-IV - Sampling Procedures

Current through June 25, 2024
A. Random Sampling
1. To assure that the samples truly represent
					 the vegetative characteristics of the whole release area, the permittee must
					 use methods that will provide 1) a random selection of sampling sites, 2) a
					 sampling technique unaffected by the sampler's preference, and 3) sufficient
					 samples to represent the true mean of the vegetation characteristics.
2. Sampling points shall be randomly located
					 by using a grid overlay on a map of the release area and by choosing horizontal
					 and vertical coordinates as described in Addendum A. Each sample point must
					 fall within the release area boundaries and be within an area having the
					 vegetative cover type being measured. Additionally, at least one sample point
					 must be measured in each noncontiguous unit, if the release area has more than
					 one unit.
3. The permittee shall
					 notify the Office of Geology ten days prior to conducting sampling or other
					 harvesting operations to allow any authorized representative of the Department
					 an opportunity to monitor the sampling procedures.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-6 - Phase III Revegetation Success Standards for Recreation Land › Section 11-8-8-2-A-6-V - Data Analysis

Current through June 25, 2024
If the data show that revegetation success has been met,
						the permittee shall submit the data to the Department for review in the format
						shown in Addendum C within thirty days of collection.
When the data indicate that the average ground cover
						density is insufficient, but close to the standard, the permittee may submit
						the data to the Department to determine if the vegetation is acceptable when
						statistically compared to the standards using a ninety percent statistical
						confidence interval. Addendum L explains how the statistical analysis shall be
						performed.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-6 - Phase III Revegetation Success Standards for Recreation Land › Section 11-8-8-2-A-6-VI - Maps

Current through June 25, 2024
A. Whenever a new Phase III plan is submitted
					 to the Permit Board, it must be accompanied by maps showing the location of the
					 area proposed for release covered by the plan.
B. Whenever data from a previously approved
					 plan is submitted to the Permit Board, it must be accompanied by maps showing:
1. the location of each transect and sampling
					 circle location;
2. the area
					 covered by the sampling; and
3. all
					 permit boundaries.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-6 - Phase III Revegetation Success Standards for Recreation Land › Section 11-8-8-2-A-6-VII - Mitigation Plan

Current through June 25, 2024
Average ground cover must be greater than or equal to
						seventy percent, and tree and shrub stocking must achieve the standards set
						forth in the permit the fifth year following completion of the initial seeding.
						If they are not, the permittee must submit a mitigation plan to the Permit
						Board which includes the following:
1.
					 a statement outlining the problem;
2. a discussion of what practices, beyond
					 normal agronomic practices, the operator intends to use to enable the area to
					 finally meet the release standards; and
3. a new Phase III liability release plan.
If any practice which constitutes augmentation is
						employed, the five-year responsibility period shall restart when the mitigation
						plan is approved and the practices are completed.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-7 - Phase III Revegetation Success Standards for Residential Land › Section 11-8-8-2-A-7-I - Introduction

Current through June 25, 2024
This policy describes the criteria and procedures for
						determining Phase III success standards for areas being restored to a
						residential land use.
Revegetation success on a residential land use must be
						determined on the basis of the following conditions:
1. general revegetation requirements of the
					 approved permit, and
2. ground
					 cover density.
The permittee is responsible for measuring the vegetation
						and for submitting the data to the Department for analysis. Measurements of the
						vegetation must be made in accordance with the procedures outlined in this
						document.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-7 - Phase III Revegetation Success Standards for Residential Land › Section 11-8-8-2-A-7-II - General Revegetation Requirements

Current through June 25, 2024
The general requirements for revegetation shall be
						considered satisfied upon the determination by the Department that:
A. The permittee has established on regraded
					 areas and all other disturbed areas, except water areas, surface areas of roads
					 and areas around buildings that are approved as part of the postmining land
					 use, a vegetative cover that is in accordance with the approved reclamation
					 plan and that is:
1. diverse, effective, and
					 permanent;
2. comprised of species
					 native to the area, or of introduced species which are allowable under Addendum
					 T, necessary to achieve the postmining land use, and approved by the Permit
					 Board;
3. at least equal in extent
					 of cover to the natural vegetation of the area; and
4. capable of stabilizing the soil surface
					 from erosion.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-7 - Phase III Revegetation Success Standards for Residential Land › Section 11-8-8-2-A-7-III - Success Standards and Measurement Frequency

Current through June 25, 2024
A.
					 Ground Cover
1. In areas developed for
					 residential land use within two years of regrading, ground cover shall not be
					 less than seventy percent at a ninety percent statistical confidence
					 level.
2. If the area is not
					 developed for residential use within two years of regrading, any areas that are
					 vegetated must be designated with another acceptable land use and evaluated
					 under the appropriate success standard.
3. The aggregate of areas with less than
					 seventy percent ground cover must not exceed five percent of the release area.
					 These areas must not be larger than one acre and must be completely surrounded
					 by desirable vegetation which has a ground cover of seventy percent. Areas void
					 of desirable vegetation may not be larger than one quarter of an acre and must
					 be surrounded by desirable vegetation which has a ground cover of seventy
					 percent.
4. No more than thirty
					 percent of the stand can be approved species not listed in the
					 permit.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-7 - Phase III Revegetation Success Standards for Residential Land › Section 11-8-8-2-A-7-IV - Sampling Procedures

Current through June 25, 2024
A. Random Sampling
1. To assure that the samples truly represent
					 the vegetative characteristics of the whole release or reference area, the
					 permittee must use methods that will provide 1) a random selection of sampling
					 sites, 2) a sampling technique unaffected by the sampler's preference, and 3)
					 sufficient samples to represent the true mean of the vegetation
					 characteristics.
2. Sampling points
					 shall be randomly located by using a grid overlay on a map of the release or
					 reference area and by choosing horizontal and vertical coordinates as described
					 in Addendum A. Each sample point must fall within the release area boundaries
					 and be within an area having the vegetative cover type being measured.
					 Additionally, if the release area does not consist of a single unit, at least
					 one sample point must be measured in each noncontiguous unit.
3. The permittee shall notify the Office of
					 Geology ten days prior to conducting sampling or other harvesting operations to
					 allow any authorized representative of the Department an opportunity to monitor
					 the sampling procedures.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-7 - Phase III Revegetation Success Standards for Residential Land › Section 11-8-8-2-A-7-V - Data Analysis

Current through June 25, 2024
If the data show that revegetation success has been met,
						the permittee shall submit the data to the Department for review in the format
						shown in Addenda C and F within four months of collection.
When the data indicate that the average ground cover
						and/or tree and shrub average stocking density is insufficient, but close to
						the standards, the permittee may submit the data to the Department to determine
						if the vegetation is acceptable when statistically compared to the standards
						using a 90 percent statistical confidence interval. Addenda E and M explain how
						the statistical analysis will be performed.
Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Governing Surface Coal Mining › Appendix 11-8-2-A - To The Administrative Procedures Act Rules › Rule 11-8-8-2-A-7 - Phase III Revegetation Success Standards for Residential Land › Section 11-8-8-2-A-7-VI - Maps

Current through June 25, 2024
A. Whenever a new Phase III plan is submitted
					 to the Permit Board, it must be accompanied by maps showing the location of the
					 area proposed for release covered by the plan.
B. Whenever data from a previously approved
					 plan is submitted to the Permit Board, it must be accompanied by maps showing:
1. the location of each transect and sampling
					 circle location;
2. the area
					 covered by the plan; and
3. all
					 permit boundaries.