In addition to all other applicable conditions in this part, the following conditions shall apply to restoring all temporary impacts:

1. (a) Within 3 days of final grading or temporary suspension of work in an area that is in or adjacent to surface waters, all exposed soil areas shall be stabilized by:

   1. (1) Seeding and mulching, if during the growing season; or
   2. (2) Mulching with tackifiers on slopes less than 3:1 or netting and pinning on slopes steeper than 3:1 if not within the growing season;
2. (b) Upon completion of construction, all disturbed wetland areas shall be stabilized with wetland seed mix containing non-invasive plant species only;
3. (c) Any seed mix used shall not contain plant species that are invasive species;
4. (d) Mulch used within an area being restored shall be natural straw or equivalent non-toxic, non-seed-bearing organic material;
5. (e) Wetland soils from areas vegetated with invasive species shall not be used in the area being restored;
6. (f) If any temporary impact area that is stabilized with seeding or plantings does not have at least 75% successful establishment of wetlands vegetation after 2 growing seasons, the area shall be replanted or reseeded, as applicable;

7. (g) If a temporary impact area is restored by seeding or plantings, then:

   1. (1) The work shall not be deemed successful if the area is invaded by invasive species during the first full growing season following the completion of construction; and
   2. (2) The person responsible for the work shall submit a remediation plan to the department that proposes measures to be taken to eradicate invasive species during this same period;
8. (h) Unless otherwise authorized, any trees cut in an area of authorized temporary impacts shall be cut at ground level with the shrub and tree roots left intact, to prevent disruption to the wetland soil structure and to allow stump sprouts to revegetate the work area; and
9. (i) Unless otherwise authorized, wetland areas where permanent impacts are not authorized shall be restored to their pre-impact conditions and elevation by replacing the removed soil and vegetation in their pre-construction location and elevation such that post-construction soil layering and vegetation schemes are as close as practicable to pre-construction conditions.

Source. #12803, eff 12-15-19; amd by #13124, eff 10-23-20; ss by #13777, ef 10-13-23