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 38-3-10 - Revegetation and Standards for Evaluating Vegetative Cover

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. General Requirements. -- Each operator
				shall establish on all regraded areas and all other disturbed areas a diverse,
				effective and permanent vegetative cover of the same seasonal variety native to
				the area of disturbed land, or introduced species that are compatible with the
				approved postmining land use.
10.2.
				Objective in Revegetation. -- The objective in revegetation is to quickly
				establish a vegetative cover on all disturbed areas to minimize erosion,
				provide economic benefits, and restore aesthetic appeal. Plants that will give
				a quick permanent cover and enrich the soil shall be given priority. A
				temporary or permanent cover should be established by the end of the first
				growing season, and a permanent cover by the end of the second growing season.
				All plants shall be considered a tool in achieving stabilization and an
				appropriate land use objective.
10.3. Seeding and Planting.
10.3.a. Seasonal Feasibility. -- Appropriate
				vegetation shall be planted, seeded, aerial-seeded, or hydro-seeded in
				accordance with accepted agricultural and reforestation practices when the
				season is favorable for seed germination and plant survival, except as
				otherwise specified in this rule.
10.3.b. Minesoil Characteristics. --
				Quarrying of minerals and removal of overburden results in minesoil which
				varies greatly in fertility, acidity and stoniness. These three (3)
				characteristics, together with steepness of slope, shall be used in determining
				characterization for the purpose of establishing vegetation. Premining
				overburden sampling and analysis or previous experience and correlation data,
				shall be submitted with the quarrying and reclamation plan for all
				acid-producing overburden or minerals. The plan shall identify acid strata and
				provide planned handling and final placement for acid strata. Overburden
				analysis shall be in accordance with standard procedures outlined in
				Environmental Protection Agency Manual No. 600/2-78-054 (Field & Laboratory
				Methods Applicable to Overburdens and Minesoils), or other approved methods by
				the Department of Environmental Protection.
10.3.c. Function of Temporary Cover Crops. --
				On areas where excessive erosion is likely to occur, rapid establishment of
				vegetative cover shall be required. Seeding of annuals and biennials on such
				areas shall be considered as a means for achieving temporary vegetative cover
				only and not acceptable in the achievement of permanent cover. See Table
				Five.
10.3.d. Development of
				Planting Plan. -- Planting plans shall be a part of the quarrying and
				reclamation plan. The plan, when appropriate, shall include the following
				information:
10.3.d.1. Tests for minesoil
				acidity, expressed as pH, shall be taken at points distributed uniformly over
				the disturbed area. Minesoil tests may be made with accepted field indicators
				or other approved techniques. Minesoils with chemical characteristics that
				could restrict vegetation establishment and growth shall be analyzed by an
				approved soils laboratory;
10.3.d.2. Treatment to neutralize
				acidity;
10.3.d.3. Mechanical seed
				bed preparation;
10.3.d.4. Rate and
				analysis of fertilization;
10.3.d.5. Rates and types of mulch;
10.3.d.6. Perennial vegetation including
				herbaceous and woody plants where appropriate, rate and species;
10.3.d.7. Areas to be planted or seeded to
				trees and shrub;
10.3.d.8. Land use
				objective; and
10.3.d.9.
				Maintenance schedule if appropriate.
10.3.e. Concurrent Revegetation. -- Seeding
				shall be concurrent with the operation as quarrying and reclamation progresses.
				The final spring planting date shall be May fifteenth. The final fall planting
				date shall be September fifteenth. The Secretary may establish alternate final
				planting dates for the spring and fall planting seasons based upon weather or
				other conditions.
10.3.f. Plant
				Material Selection and Treatment.
10.3.f.1.
				Specifications. -- All planting plans for woody vegetation shall include
				provisions for herbaceous cover using a suitable mixture from Table One (1).
				The following specifications should govern the selection and establishment of
				seeds and plants used in the revegetation of surface minesoil and based upon
				the following capability class:
10.3.f.1.A. On
				favorable minesoil material, prepared for perennial cover crop use, non-stoney
				and with pH 5.5 or higher, one of the following mixtures should be used:
10.3.f.1.A.1. Seed mixtures one (1), two (2),
				three (3), four (4), or five (5) from Table one, of this rule should be applied
				where annual maintenance treatment is assured. Mixture four (4) should be
				applied where the graded portion of minesoil is to be used as a firebreak or
				occasionally as a haulageway;
10.3.f.1.A.2. Establishment of grass, legume
				or perennial grass cover crop shall require the following treatment:
10.3.f.1.A.2.(a) Inoculation of legume seed
				with proper strain;
10.3.f.1.A.2.(b) Triple inoculation rate if
				hydro-seeded;
10.3.f.1.A.2.(c)
				Protection of seeded minesoil area from grazing livestock;
10.3.f.1.A.2.(d) Application of lime to pH
				6.0 for mixture four (4), to pH 6.5 to 7.0 for all other mixtures;
10.3.f.1.A.2.(e) Application of fertilizer
				shall be based on a minesoil test for lime, phosphorus, and potash from a soils
				lab or shall be a minimum of two-hundred (200) lbs./acre, ammonium nitrate and
				two-hundred (200) lbs./acre triple super phosphate or equivalent;
10.3.f.1.A.2.(f) Preparation of seed bed by
				harrowing, discing or other approved methods; and
10.3.f.1.A.2.(g) Completion of fall seeding
				for legumes should be completed by September 1.
10.3.f.1.A.3. Maintenance of cover crop shall
				be carried out by the operator until the cover crop is adjudged by the
				Secretary to be satisfactorily established and may require the following
				treatment:
10.3.f.1.A.3.(a) Maintain pH
				6.5-7.0 for Mixture one (1);
10.3.f.1.A.3.(b) Maintain pH 6.0-6.5 for
				Mixture two (2), three (3), four (4), and six (6);
10.3.f.1.A.3.(c) Maintain pH 5.5-6.0 for
				Mixture four (4); and
10.3.f.1.A.3.(d) Top dress every two (2)
				years with four-hundred (400) lbs. per acre 0-20-20 for Mixture five
				(5).
10.3.f.1.B. On favorable minesoil material
				prepared for woodland and wildlife use, any one mixture from Table two (2) of
				this rule, along with proportions and treatment prescribed for it, should be
				selected for use in the direct seeding of herbaceous species and planting of
				trees and seedlings.
10.3.f.1.B.1.
				Establishment of plant growth for woodland cover on favorable minesoil material
				prepared for woodland and wildlife use should require the following:
10.3.f.1.B.1.(a) Spring planting of seedlings
				not later than May 1st and preferably before April
				15th; and
10.3.f.1.B.1.(b) Spacing of shrubs and all
				trees in a pattern eight feet (8') by eight feet (8') apart of six
				hundred-eighty (680) trees per acre.
10.3.f.1.B.2. Establishment of crown
				vetch-rye grass or clover-tall Fescue mixtures for wildlife cover may be done
				in accordance with paragraph 10.3.f.1.A.2 of this rule.
10.3.f.1.C. On moderately favorable minesoil
				material, prepared for woodland and wildlife use, with pH 5.5 and above, graded
				but stoney, on moderate to steep slopes, non-stoney and stoney, one of the
				mixtures with specified proportion and treatment from Table three (3), of this
				rule should be used:
10.3.f.1.C.1. Over
				seeding on moderate to steep slopes on tree planting sites shall be carried out
				on minesoil in order to prevent siltation, established ground cover and
				minimize erosion. Seed one of the mixtures from Table one (1); and
10.3.f.1.C.2. Establishment of plant growth
				shall require inoculation of legume seed with proper strain, and shall be
				protected from grazing by livestock. Triple inoculation rate if
				hydroseeding.
10.3.f.1.D.
				On favorable minesoil material prepared for woodland and wildlife use, which
				includes all extremely steep and/or stony minesoil, one of the mixtures with
				specified proportions and treatment from Table three (3) of this rule shall be
				used:
10.3.f.1.D.1. Establishment of plant
				growth should require:
10.3.f.1.D.1.(a)
				Broadcasting Mixture one (1) and three (3) before May 1st and frost seeding
				mixture two (2) by early March; and
10.3.f.1.D.1.(b) Black locust seed must be
				seventy percent (70%) or more viable. All legumes must be inoculated and must
				be protected from grazing by livestock. Triple inoculation rate if
				hydroseeding. Mixture No. one (1) of Table three (3), should be used for
				extremely stoney areas when tested acidity indicated a pH of 4.0 or
				better.
10.3.f.1.E. Other species of trees, shrubs,
				grasses, legumes or vines may be approved by the Secretary.
10.3.g. Mulch
				Specifications. -- Mulch shall be used on all disturbed areas. Annual grains
				such as oats, rye, wheat, etc. may be used instead of mulch when it is shown to
				the satisfaction of the Secretary that the substituted grains will provide
				adequate stability, and that they will be replaced by species approved for the
				post mining land use. Approved materials and minimum rates to be applied are as
				follows:
Material:
Rate/Acre:
Straw or hay
1 - 2 tons material may be anchored with asphalt
							 emulsion or other techniques approved by the director.
Wood fiber or wood cellulose products
1,000 lbs.
Shredded Bark
50 cubic yards
10.3.h. Standards for Evaluating Vegetative
				Cover.
10.3.h.1 Final Planting Report. -- A
				planting report shall be prepared by the operator and filed with the Secretary
				on the prescribed form upon application for a release of the bond or
				contributions to the Bond Pooling Fund. All planting reports shall be certified
				by the operator or by the party with which the operator contracted for
				planting.
10.3.h.2. Time for
				Inspection. -- The operator shall review all areas under permit prior to the
				recognized spring and fall planting seasons. The operator shall cause those
				areas deficient of vegetative cover to be retreated to establish a satisfactory
				stand of vegetation. For purposes of bond release, the vegetation must survive
				two (2) growing seasons or twenty-four (24) months and must meet the following
				standards:
10.3.h.2.A. Standards for
				Perennials. -- Standards for legumes and perennial grasses shall require at
				least an eighty percent (80%) ground cover. Substandard areas shall not exceed
				one-fourth (1/4) acre (100' X 100') in size nor total more than twenty percent
				(20%) of the area seeded.
10.3.h.2.B. Standards for Woody Plants with
				Perennials. -- Standards for woody plants with legumes and perennial grasses
				overseeded shall require a sixty percent (60%) establishment of ground cover of
				legumes and perennial grasses, and four hundred (400) trees (including
				volunteer tree species) and/or planted shrubs per acre, comprising a
				satisfactory vegetative ground cover as determined by the Secretary.
				Substandard areas shall not exceed one-fourth (1/4) acre (100' X 100') in size
				not total more than twenty percent (20%) of the area seeded or
				planted.
10.3.h.2.C. For areas
				developed for industrial, commercial, residential or public use less than two
				(2) years after reclamation is completed, the requirements of subparagraph
				10.3.h.2.A. and B. of this section do not apply. The ground cover of living
				plants shall not be less than required to control erosion. When the permittee
				has demonstrated that the proposed post quarrying land use will be
				accomplished, the Secretary may release the bond or the operator's
				contributions to the bond pooling fund.