312 Ind. Admin. Code 25-6-59

Current through December 4, 2024

Section 312 IAC 25-6-59 - Surface mining; revegetation; standards for success for nonprime farmland

Authority: IC 14-34-2-1

Affected: IC 14-34

Sec. 59.

(a) Success of revegetation is judged on the following:

(1) The effectiveness of the vegetation for the approved postmining land use.

(2) The extent of cover compared to the cover occurring in natural vegetation in the area.

(3) The general requirements of section 54 of this rule.

(b) Ground cover, production, and stocking are satisfactory if they are not less than ninety percent (90%) of the success standard as determined by the sampling techniques under section 60 of this rule and the statistical methodology under section 61 of this rule.

(c) Standards for success are applied under the approved postmining land use and must include the following conditions:

(1) For a previously mined area that was not reclaimed under sections 1 through 58 of this rule, this section, and sections 60 through 148 of this rule, the ground cover of living plants shall be as follows:

(A) Not less than can be supported by the best available topsoil or other suitable material in the reaffected area.

(B) Not less than the cover existing before redisturbance.

(C) Adequate to control erosion.

(2) For an area to be developed for an industrial/commercial or a residential use less than two (2) years after regrading is completed, the ground cover of living plants shall be not less than what is required to control erosion.

(3) For pastureland, the ground cover success standard shall be one hundred percent (100%). In addition, the production of living plants on the revegetated area shall be equal to one (1) of the following:

(A) An approved reference area.

(B) Current Natural Resources Conservation Service predicted yield by soil map unit. If this method is used, the standard for success shall be a weighted average of the predicted yields for each unmined soil type that existed on the permit area at the time the permit was issued.

(C) A target yield determined by the following formula:

Target Yield = NRCS Target Yield × (CCA/10 Year CA)

Where: NRCS Target Yield = The average yield per acre, as predicted by the Natural Resources Conservation Service, for the crop and the soil map units being evaluated. The most current yield information at the time of permit issuance shall be used and shall be contained in the appropriate sections of the permit application.

CCA = The county average for the crop for the year being evaluated as reported by the United States Department of Agriculture crop reporting service, the Indiana Agricultural Statistics Service.

10 Year CA = The 10 year Indiana Agricultural Statistics Service county average, consisting of the year being evaluated and the 9 preceding years.

(D) Other methods approved by the director.

(E) The method for establishing the standard, once selected, may not be modified without the approval of the director.

(4) For an area to be developed as a shelter belt, a fish and wildlife habitat, recreation, or forestry land use, the success of vegetation is determined on the basis of tree, shrub, or half-shrub stocking and ground cover. The area seeded to a ground cover is not acceptable unless the director determines the ground cover is adequate to control erosion. Stocking rates are those in the approved permit reclamation plan and are not less than the following:

(A) For a forestry use, four hundred fifty (450) plantings per acre or such stocking rate and species approved in the reclamation plan for a specific forest reclamation approach.

(B) A rate appropriate to support a shelter belt or a land use (other than forestry) described in this subsection. The rate established under this clause may be adjusted for particular areas within a shelter belt or land use in order to support a diverse wildlife habitat if the adjusted rate is approved in the plan of reclamation and will not result in erosion.

(5) For an area to be used as cropland, crop production on the revegetated area must be at least equal to one (1) of the following:

(A) An approved reference area.

(B) Current Natural Resources Conservation Service predicted yield by soil map unit. If this method is used, the standard for success shall be a weighted average of the predicted yields for each unmined soil type that existed on the permit area at the time the permit was issued.

(C) A target yield determined by the following formula:

Target Yield = CCA × (NRCSP/NRCSC)

Where: CCA = The county average for the crop for the year being evaluated as reported by the United States Department of Agriculture crop reporting service, the Indiana Agricultural Statistics Service.

NRCSP = The weighted average of the current Natural Resources Conservation Service predicted yield for each croppable, unmined soil that existed on the permit area at the time the permit was issued.

NRCSC = The weighted average of the current Natural Resources Conservation Service predicted yield for each croppable, unmined soil that is shown to exist in the county on the most current county soil survey.

A croppable soil is any soil that the Natural Resources Conservation Service has defined as being in capability Class I, II, III, or IV.

(D) Other methods approved by the director.

(E) The method for establishing the standard, once selected, may not be modified without the approval of the director.

(6) A crop grown to demonstrate satisfaction of the requirements of subdivision (5) must be one (1) or more of the crops listed in 312 IAC 25-1-33 and as specified in the reclamation plan. An adjustment to predicted crop yields may be made according to accepted agronomic practices, after consultation with the Natural Resources Conservation Service or other sources approved by the director for factors, including:

(A) disease;

(B) weather;

(C) tillage management;

(D) pests; and

(E) seed or plant selection.

(7) The aggregate of the barren areas within an area under evaluation must not exceed five percent (5%) of the area. Revegetation is not successful unless each barren area within an area under evaluation is as follows:

(A) Smaller than seven hundred fifty (750) square feet.

(B) Completely surrounded by desirable vegetation.

(C) In compliance with sections 11 and 50 of this rule.

(d) A single reference area may be used for more than one (1) permit area if the requirements of this subsection are met with respect to each permit area. A reference area used to establish success standards under this section must meet the following requirements:

(1) If the area to be represented contains more than fifty (50) acres, the reference area shall contain at least five (5) acres unless the director approves a smaller area. If the area to be represented contains less than fifty (50) acres, the reference area shall be the greater of:

(A) ten percent (10%) of the area to be represented; or

(B) one (1) acre.

(2) Each reference area shall be representative of the:

(A) geology;

(B) soils;

(C) slopes; and

(D) vegetation;

of the area to be represented.

(3) Management of the reference area shall be identical to the area to be represented.

(4) Each reference area must be located within twenty (20) miles of the area to be represented.

(5) Right-of-entry on the reference area for the authorized representatives of the director must be secured by written agreement or consent for the entire period in which the reference area will be used.

(e) In determining the period of responsibility under 312 IAC 25-5-7, the director may approve selective husbandry practices (except for augmented seeding, fertilization, or irrigation) without extending the period of responsibility for revegetation success and bond liability if:

(1) the selective husbandry practices can be expected to continue as part of the postmining land use; or

(2) discontinuance of the practices after the liability period will not reduce the probability of permanent revegetation success.

(f) Selective husbandry practices that may be approved under subsection (e) are normal conservation practices within the region for unmined lands having land uses similar to the approved postmining land use of the disturbed area and may include the following:

(1) Disease, pest, and vermin control.

(2) Repair of rills and gullies.

(3) Pruning, reseeding, or transplanting specifically necessitated by these practices.

(g) The success standards identified in subsection (c) shall be met during the growing seasons of any two (2) years of the responsibility period, except the first year, for cropland or pastureland. The success standards for any other land use are measured by the last year of the responsibility period.

312 IAC 25-6-59

Natural Resources Commission; 312 IAC 25-6-59; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3537, eff Dec 1, 2001; errata filed Aug 17, 2001, 1:50 p.m.: 25 IR 106; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; filed Apr 13, 2011, 11:16 a.m.: 20110511-IR-312100547FRA, eff Jul 25, 2012; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA

Readopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA