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 › Subchapter 2.5 - Permanent Program Performance Standards › Rule 11-8-2.5-53 - Permanent Program Performance Standards Surface Mining Activities › Section 11-8-2.5-53-53103 - Revegetation: Standards for Success

Current through June 25, 2024
(a) Success of
					 revegetation shall be judged on the effectiveness of the vegetation for the
					 approved post-mining land use, the extent of perennial cover compared to the
					 cover occurring in natural vegetation of the area, the general requirements of
					 §§ 5397-53103, and the specific requirements of Appendix A, "
					 Revegetation Success Standards", where specific standards for the designated
					 postmining land use are stated in Appendix A. Appendix A is incorporated by
					 reference into these regulations as if set out fully herein, and the provisions
					 of Appendix A are enforceable provisions of these regulations. If a postmining
					 land use is selected and approved by the Permit Board for which standards are
					 not specified in Appendix A, or to the extent that Appendix A does not specify
					 a more specific standard of success for a postmining land use, the following
					 general standards of success shall apply.
(b)
(1)
					 Standards for success shall include criteria representative of unmined lands in
					 the area being reclaimed to evaluate the appropriate vegetation parameters of
					 ground cover, production, or stocking. Ground cover, production, or stocking
					 shall be considered equal to the approved success standard when they are not
					 less than 90 percent of the success standard. The sampling techniques for
					 measuring success shall use a 90-percent statistical confidence interval (i.e.,
					 one-sided test with a 0.10 alpha error).
(2) 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 § 53103 (b)(3) of this
					 section.
(3) In areas of more than
					 26.0 inches of annual average precipitation, the period of responsibility shall
					 continue for a period of not less than:
(A)
					 Five full years, except as provided in § 53103(b)(2)(B) of this section.
					 The vegetation parameters identified in paragraph § 53103(b) of this
					 section for grazing land, pasture land, or cropland shall equal or exceed the
					 approved success standard during the growing season of any 2 years of the
					 responsibility period, except the first year. Areas approved for the other uses
					 identified in § 53103(b) of this section shall be equal or exceed the
					 applicable success standard during the growing season of the last year of the
					 responsibility period.
(B) Two full
					 years for lands eligible for remining included in permits issued before
					 September 30, 2004, or any renewals thereof. To the extent that the success
					 standards are established by § 53103(a) of this section, the lands shall
					 equal or exceed the standards during the growing season of the last year of the
					 responsibility period.
(4) The Permit Board may approve selective
					 husbandry practices, excluding augmented seeding, fertilization, or irrigation,
					 provided it obtains prior approval from the Director in accordance with 30 CFR
					 § 732.17 that the practices are normal husbandry practices, without
					 extending the period of responsibility for revegetation success and bond
					 liability, if such practices can be expected to continue as part of the
					 postmining 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 husbandry practices within the
					 region for unmined lands having land uses similar to the approved postmining
					 land use of the disturbed area, including such practices as disease, pest, and
					 vermin control; and any pruning, reseeding, and transplanting specifically
					 necessitated by such actions.