West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-03 - Rules For Quarrying And Reclamation › Section 38-3-18 - State and Federal Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
The issuance of quarrying permit pursuant to W. Va. Code
				  §22-4, as amended, and any rules promulgated thereunder authorizes the
				  operations covered by said permit, but does not release the permit holder from
				  any other legal duties imposed by the laws of this state or these United
				  States.
TABLE ONE
1, 3 USE: HAY, PASTURE OR
							 OTHER WHERE HERBACAOUS COVER IS DESIRED
1.
Alfalfa
Orchard grass
Tall Fescue
20 lbs.
10 lbs.
15 lbs.
2.
Birdsfoot Trefoil
Tall Fescue
2Weeping Lovegrass
10 lbs.
15 lbs.
3 lbs.
3.
Birdsfoot Trefoil
Orchard grass
2Weeping Lovegrass
10 lbs.
10 lbs.
3 lbs.
4.
Orchard grass
Red Top
20 lbs.
3 lbs.
5.
Crown Vetch
Tall Fescue
15 lbs.
20 lbs.
6.
Crown Vetch
Rye Grass
15 lbs.
15 lbs.
1 APPROVED SEED MIXTURES FOR OVER
				  SEEDING TREE AND SHRUB SEEDLINGS FOR ELEVATIONS ABOVE 2500
7.
Tall Fescue
Birdsfoot Trefoil
30 lbs.
15 lbs.
8.
Tall Fescue
Rye Grass
Birdsfoot Trefoil
20 lbs.
10 lbs.
15 lbs.
9.
Tall Fescue
2Weeping Lovegrass
Birdsfoot Trefoil
20 lbs.
3 lbs.
15 lbs.
10.
Tall Fescue
Red Top
20 lbs.
4 lbs.
11.
Tall Fescue
2Weeping Lovegrass
20 lbs.
3 lbs.
12.
Tall Fescue
Sweet Clover
20 lbs.
10 lbs.
1 Establishment of vegetation
				  includes liming pH range 5.5-7.0. Application of fertilizer shall be based on
				  soil test results from a soil laboratory. Without a soil test, apply 600 lbs.
				  10-20-10 or equivalent, and protection from grazing during the seedling
				  state.
2 Red Top may be substituted for
				  Weeping Lovegrass for late summer and fall seedings at a rate of 3 lbs. per
				  acre.
3
On areas that will be used
				  as pasture or hayland, timothy, perennial rye grass, red top, smooth brome or
				  other appropriate species may be substituted for tall fescue.
TABLE TWO
APPROVED WOODLAND PLANT MIXTURES
(Nursery Grown Seedlings)
1. Black Locust (below 3000') White Pine
Plant in bands 6 rows or more in width Black Locust
							 not to exceed 50%.
2. Black Locust (below 3000') Virginia Pine
Plant in bands 6 rows or more wide Black Locust not
							 to exceed more than 50%.
3. Scotch Pine
White Pine
Red Pine (above 2000')
Virginia Pine (below 2500')
Use mixture of two or more if available Plant in
							 bands 6 rows or more.
4. Black Locust (below 3000')
Tulip Poplar (below 3000')
Sycamore (below 2500')
Red Oak
Use up to one-half locust with one or more of
							 hardwood species. Plant in bands 6 or more rows in each species.
5. Autumn Olive and adapted pine or hardwoods
Where owner's interest is wildlife improvement, plant
							 in bands of 3 to 6 rows preferable with pines or in blocks of one-fourth acre
							 spaced 600' apart.
6. European Black Alder (below (2500)
Sycamore
Indigo Bush
Autumn Olive
Use these plants where protection from grazing is
							 impractical or protection will not be maintained. For wildlife habitat
							 improvement use 3 to 6 row bands where two or more species are planted.
7. European Black Alder
Use European Black Alder where pH is near 5.5.
8. Black Locust
Use only on steep erodible outslopes.
9. Sweet Crab
							 Apple1
Washington
							 Hawthorne1
On bench of areas where owners
							 primary1 interest is wildlife habitat improvement,
							 plant in clumps of 12 spaced 10' to 12' apart. Clumps should be spaced 200' to
							 300' apart, planted in between with pine, Indigo Bush, or Autumn Olive to 300'
							 apart, planted in between with pine, Indigo Bush or Autumn Olive.
10. Blackberry1 per
							 block.
Plant on bench spaced 6 x 6 in blocks 100 plants per
							 block.
11. Grey Dogwood1 Silky
							 Cornell1
On bench near water impoundments spaced 8 x 8.
1 Should be planted only on the
				  more favorable sites. Preferably a north or northeastern aspect with a pH of
				  5.5 or above.
TABLE THREE
1 APPROVED MIXTURES
							 HERBACEOUS AND WOODY SPECIES FOR DIRECT SEEDING
1.
Tall Fescue
Birdsfoot Trefoil
Black Locust2
30 lbs.
15 lbs.
3 lbs.
2.
Tall Fescue
Rye Grass
Birdsfoot Trefoil
Black Locust2
20 lbs.
10 lbs.
15 lbs.
3 lbs.
3.
Tall Fescue
Weeping Lovegrass
Birdsfoot Trefoil
Black Locust2
20 lbs.
3 lbs.
15 lbs.
3 lbs.
4.
Orchard grass
Birdsfoot Trefoil
Black Locust2
30 lbs.
10 lbs.
3 lbs.
Better suited to higher elevations above 2500'
5.
Orchard grass
Red Top
Birdsfoot Trefoil
Black Locust2
20 lbs.
3 lbs.
10 lbs.
3 lbs.
Better suited to higher elevations to 2500'
1 Application of fertilizer shall
				  be based on soil testing results from a soils laboratory. Without a soil test,
				  apply a minimum of 600 lbs. per acre of 10-20-10 or 10-20-20. Equivalent
				  amounts of nitrogen and phosphorus is acceptable.
2 Black Locust seed may be omitted
				  on the bench areas or where erosion is not a serious problem, or at elevations
				  above 2000', 1/4 lb./acre Virginia Pine; 1/4 lb/acre White Pine, and 3
				  lbs./acre Japonica Intermedia may be substituted for Black Locust.
TABLE FOUR
1 APPROVED MIXTURES FOR
							 WATERWAYS, DIVERSIONS DRAINAGE STRUCTURES, HAULAGEWAYS, HIGHWALL ACCESS,
							 ETC.
1.
Tall Fescue
Birdsfoot Trefoil
Red Top
50 lbs.
10 lbs.
3 lbs.
2.
Perennial Rye Grass
Tall Fescue
Birdsfoot Trefoil
20 lbs.
30 lbs.
3 lbs.
3.
Tall Fescue
Crown Vetch
Red Top
40 lbs
15 lbs.
3 lbs.
4.
Tall Fescue
Crown Vetch
50 lbs.
15 lbs.
5.
Tall Fescue
Reed Canarygrass
Red Top
30 lbs.
20 lbs.
3 lbs.
NOTE: Weeping lovegrass at 3 lbs. per acre may be substituted
				  for Red Top for spring and early summer seedlings on well drained areas.
1 Application of fertilizer shall
				  be based on soil test results from a soils laboratory. Without a soil test,
				  apply a minimum of 600 lbs. per acre of 10-20-10 or 10-20-20. Equivalent
				  amounts of nitrogen and phosphorus fertilizer is acceptable
TABLE FIVE
1 ANNUAL AND BIENNIAL
							 COVER CROPS FOR TEMPORARY COVER
- Grasses -
Suggested Rates of Application - Pounds In
							 Acres
Seeding Season
Balbo Rye
30-60
Fall
Abruzzi Rye
30-60
Fall
Wheat
30-60
Fall
Oats
30-60
Fall
Japanese Millet
10-15
Summer
Millets - German, Foxtail
10-15
Summer
Sudan Grass - Sorghum Hybrid
10-20
Summer
Pearl Millet
10-20
Summer
Sudan Grass
10-20
Summer
Annual Rye Grass
10-15
Spring or Fail
- Legumes -
Kobe Lespedeza
5-10
Summer
Korean Lespedeza
5-10
Summer
Hairy Vetch
20-40
Fall
Sweet Clover
10-20
Summer
- Forbs -
Buckwheat
30-60
Summer
1 Application of fertilizer shall
				  be based on soil test results from a soils laboratory. Without a soil test,
				  apply a minimum of 600 lbs. per acre of 10-20-10 or 10-20-20. Equivalent
				  amounts of nitrogen and phosphorus fertilizer is acceptable.