North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-05.2 - Surface Coal Mining and Reclamation Operations › Chapter 69-05.2-22 - Performance Standards - Revegetation › Section 69-05.2-22-07 - Performance standards - Revegetation - Standards for success

Current through Supplement No. 393, July, 2024
1. Success of
				revegetation must be measured by using statistically valid techniques approved
				by the commission. Comparison of ground cover and productivity may be made on
				the basis of reference areas, through the use of standards in technical guides
				published by the United States department of agriculture, or through the use of
				other approved standards. If reference areas are used, the management of the
				reference area during the responsibility period required in subsection 2 must
				be comparable to that required for the approved postmining land use of the
				permit area. If standards are used, they must be approved by the commission and
				the office of surface mining reclamation and enforcement. Approved standards
				are contained in the commission's Standards for Evaluation of Revegetation
				Success and Recommended Procedures for Pre- and Postmining Vegetation
				Assessments.
2. The period of
				responsibility under the performance bond requirements of section
				69-05.2-12-09 will begin following
				augmented seeding, planting, fertilization, irrigation, or other work, except
				for cropland and prime farmland where the period of responsibility begins at
				the date of initial planting of the crop being grown or a precropland mixture
				of grasses and legumes, and must continue for not less than ten years. However,
				for eligible lands that are remined, the revegetation responsibility period
				must continue for not less than five years.
3. Vegetation establishment, for the purpose
				of the third stage bond release provided for in subdivision c of subsection 7
				of North Dakota Century Code section
				38-14.1-17, will be determined for
				each postmining land use according to the following procedures:
a. For native grassland, tame pastureland,
				and fish and wildlife habitat where the vegetation type is grassland, ground
				cover on the permit area must be equal to or greater than that of the approved
				reference area or standard with ninety percent statistical confidence. All
				species used in determining ground cover must be perennial species not
				detrimental to the approved postmining land use.
b. For cropland, vegetation will be
				considered established after the successful seeding of the crop being grown or
				a precropland mixture of grasses and legumes.
c. For prime farmland, annual average crop
				production from the permit area must be equal to or greater than that of the
				approved reference area or standard with ninety percent statistical confidence
				for a minimum of three crop years.
d. For woodland, shelterbelts, and fish and
				wildlife habitat where the vegetation type is woodland, the number of trees and
				shrubs must be equal to or greater than the approved standard. Understory
				growth must be controlled. Erosion must be adequately controlled by mulch or
				site characteristics.
e. For fish
				and wildlife habitat where the vegetation type is wetland, the basin must
				exhibit the capacity to hold water and support wetland vegetation. Ground cover
				of the contiguous areas must be adequate to control erosion.