PURPOSE: This rule complies with section 444.535.1(8), RSMo by setting forth the requirements for revegetation of lands affected by coal strip mining.

1. (1) General.

   1. (A) The operator shall establish on all land that has been disturbed, a diverse, effective and permanent vegetative cover of species native to the area of disturbed land or species that will support the planned postmining uses of the land approved according to 10 CSR 40- 2.030. For areas designated as prime farmland, the reclamation procedures of 10 CSR 40-2.110 shall also apply.
   2. (B) Revegetation shall be carried out in a manner that encourages a prompt vegetative cover and recovery of productivity levels compatible with approved land uses. The vegetative cover shall be capable of stabilizing the soil surface with respect to erosion. All disturbed lands, except water areas and surface areas of roads that are approved as a part of the postmining land use, shall be seeded or planted to achieve a vegetative cover, of the same seasonal variety native to the area of disturbed land. If both the premining and postmining land use is intensive agriculture, planting of the crops normally grown will meet the requirement. Vegetative cover will be considered of the same seasonal variety when it consists of a mixture of species of equal or superior utility for the intended land use when compared with the utility of naturally occurring vegetation during each season of the year.
   3. (C) On federal lands, the surface management agency shall be consulted for approval prior to revegetation regarding what species are selected and following revegetation, to determine when the area is ready to be used.
2. (2) Use of Introduced Species. Introduced species may be substituted for native species only if appropriate field trials have demonstrated that the introduced species are of equal or superior utility for the approved postmining land use, or are necessary to achieve a quick, temporary and stabilizing cover. These species substitution shall be approved in the reclamation plan. Introduced species shall meet applicable state and federal seed or introduced species statutes, and shall not include poisonous or potentially toxic species.
3. (3) Timing of Revegetation. Seeding and planting of disturbed areas shall be conducted during the first normal period for favorable planting conditions after final preparation. The normal period for favorable planting shall be that planting time generally accepted locally for the type of plant materials selected to meet specific site conditions and climate. Any disturbed areas, except water areas and surface areas of roads that are approved under 10 CSR 40-2.030 as part of the postmining land use, which have been graded shall be seeded with a temporary cover of small grains, grasses or legumes to control erosion until an adequate permanent cover is established. When rills or gullies, that would preclude the successful establishment of vegetation or the achievement of the postmining land use, form in regraded topsoil and overburden materials as specified in 10 CSR 40-2.040, additional regrading or other stabilization practices will be required before seeding and planting.
4. (4) Mulching. Mulch shall be used on all regraded and topsoiled areas to control erosion, to promote germination of seeds and to increase the moisture retention of the soil. Mulch shall be anchored to the soil surface where appropriate, to ensure effective protection of the soil and vegetation. Mulch means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing microclimatic conditions suitable for germination and growth and do not interfere with the postmining use of the land. Annual grains such as oats, rye and wheat may be used instead of mulch when it is shown that the substituted grains will provide adequate stability and that they will later be replaced by species approved for the postmining use.

5. (5) Methods of Revegetation.

   1. (A) The operator shall use technical publications or the results of laboratory and field tests approved in the reclamation plan to determine the varieties, species, seeding rates and soil amendment practices essential for establishment and self-regeneration of vegetation.
   2. (B) Where hayland, pasture or range is to be the postmining land use, the species of grasses, legumes, browse, trees or forbs for seeding or planting and their pattern of distribution shall be selected by the operator to provide a diverse, effective and permanent vegetative cover with the seasonal variety, succession, distribution and regenerative capabilities native to the area. Livestock grazing will not be allowed on reclaimed land until the seedlings are established and can sustain managed grazing. The director, in consultation with the operator and the landowner or in concurrence with the governmental land managing agency having jurisdiction over the surface, shall determine when the revegetated area is ready for livestock grazing.
   3. (C) Where forest is to be the postmining land use, the operator shall plant trees adapted for local site conditions and climate. Trees shall be planted in combination with an herbaceous cover of grains, grasses, legumes, forbs or woody plants to provide a diverse, effective and permanent vegetation cover with the seasonal variety, succession and regeneration capabilities native to the area.
   4. (D) Where wildlife habitat is to be included in the postmining land use, the operator shall consult with appropriate state and federal wildlife and land management agencies and shall select those species that will fulfill the needs of wildlife, including food, water, cover and space. Plant groupings and water resources shall be spaced and distributed to fulfill the requirements of wildlife.

6. (6) Standards for Measuring Success of Revegetation.

   1. (A) Success of revegetation shall be determined either by comparison to standards set forth in this rule or by comparison to reference areas approved in the reclamation plan. Reference areas mean land units of varying size and shape identified and maintained under appropriate management for the purpose of measuring ground cover, productivity and species diversity that are produced naturally. The reference areas must be representative of geology, soils, slope, aspect and vegetation in the permit area. Management of the reference area shall be comparable to that which will be required for the approved postmining land use of the area to be mined. Estimating techniques either established by the commission or approved in the reclamation plan will be used to determine the degree of success in the revegetated area.

   2. (B) Standards for success shall be applied in accordance with the approved postmining land use and shall be met for two (2) growing seasons. However, ground cover of living plants on the revegetated area shall in no case be less than that required to control erosion. In terms of specific land uses, the following minimum standards for success apply:

      1. 1. For areas reclaimed to pasture, the

ground cover of living plants on the revegetated area shall be equal to ninety percent (90%);

1. 2. For areas reclaimed to cropland, suc-

cess in revegetation shall be determined on the basis of crop production from the disturbed area compared to crop production from a reference area. The average of a minimum of two (2) years’ crop production from the disturbed area shall equal the corresponding average production of the approved reference area. Production on nonprime cropland shall be considered equal if it is at least ninety percent (90%) of the production of the reference area; whereas, production on prime farmland shall be considered equal if it is at least one hundred percent (100%) of the production of the reference area;

1. 3. For areas reclaimed to woodland, the

success of revegetation shall be determined on the basis of tree stocking. Specifically, a reclaimed area with a postmining land use of woodland must have a minimum stocking of four hundred fifty (450) countable stems per acre. A countable stem shall—

1. A. Have been in place for at least six-

teen (16) months;

1. B. Be alive and healthy; 10 CSR 40-2

   1. C. Have at least one-third (1/3) of its

length in live crown; and

1. D. Not be in danger of being elimi-

nated by herbaceous vegetation;

1. 4. For areas reclaimed to wildlife habi-

tat, the success of revegetation shall be determined on the basis of tree and shrub stocking and herbaceous ground cover. Specifically, a reclaimed area with a postmining land use of wildlife habitat must have a minimum stocking of two hundred twenty-five (225) countable stems where trees, shrubs, or both, are established and at least ninety percent (90%) ground cover where herbaceous vegetation is established. A countable stem shall meet the requirements described in paragraph (6)(B)3. of this rule;

1. 5. Previously mined areas that were not

reclaimed to the standards required by this chapter prior to November 15, 1976. The ground cover of living plants for those areas shall not be less than required to control erosion, and in no case less than that existing before redisturbance; and

1. 6. Areas to be developed immediately

for industrial or residential use. The ground cover of living plants shall not be less than required to control erosion. As used in this paragraph, immediately means less than two (2) years after regrading has been completed for the area to be used.

1. (C) Species diversity, distribution, seasonal variety and vigor shall be evaluated on the basis of the results which could reasonably be expected using the methods of revegetation approved under section (5) of this rule.

1. (7) Seeding of Stockpiled Topsoil. Topsoil stockpiled in compliance with 10 CSR 40- 2.050 must be seeded or planted with an effective cover of nonnoxious quick growing annual and perennial plants during the first normal period for favorable planting conditions or protected by other approved measures as specified in 10 CSR 40-2.050.

AUTHORITY: section 444.535.1(8), RSMo 1986.* Original rule filed July 13, 1978, effective Jan. 13, 1979. Amended: Filed June 3, 1985, effective Oct. 28, 1985. Amended: Filed April 2, 1986, effective July 26, 1986. Amended: Filed Aug. 4, 1987, effective Nov. 23, 1987.

*Original authority:444.535, RSMo 1978, amended 1988.