1501:14-3-10. Revegetation

To establish a diverse permanent vegetative cover capable of self-regeneration, plant succession, and to control soil erosion, the operator shall comply with the following conditions and requirements:

(A) Permanent planting shall be completed on the surface of the affected area immediately upon the completion of any required grading or resoiling except when the grading and resoiling are completed within a season that is not suitable for planting, in which case the permanent planting shall be completed at the earliest possible time within the next appropriate planting season;

(B) The permanent planting shall contain species of perennial grasses and legumes unless otherwise required by the future intended use and approved in the mining and reclamation plan. Small grains or fast-growing annual grasses may be used to provide adequate cover to control erosion and shall later be replaced by perennial species;

(C) Trees shall be planted in the species, amounts and spacing as are consistent with the intended future use and approved in the mining and reclamation plan;

(D) The permanent vegetation shall be deemed to be a successful diverse vegetative cover capable of self-regeneration and plant succession if the vegetation planted in accordance with paragraph (B) of this rule has survived two growing seasons and if the permanent vegetative cover has been established and maintained in accordance with the following standards:

(1) Any individual barren area shall not exceed 0.3 per cent of the total affected area for which the "Request for Approval of Planting and All Other Reclamation" has been submitted;

(2) The total barren area shall not exceed 1.0 per cent of the total affected area for which the "Request for Approval of Planting and All Other Reclamation" has been submitted;

(3) The total sparse area shall not exceed 10 per cent of the total affected area for which the "Request for Approval of Planting and All Other Reclamation" has been submitted; and

(4) For purposes of this rule, barren area means any area with permanent vegetative cover equal to or less than 30 per cent, and sparse area means any area with permanent vegetative cover greater than 30 per cent but less than 75 per cent; and

(E) If agricultural crops required by the future intended use are planted in lieu of the permanent planting required in paragraph (B) of this rule and as approved in the mining and reclamation plan, such crops shall be raised and managed for two years in accordance with good farming practices.

Five Year Review (FYR) Dates: 9/14/2017 and 09/13/2022
Promulgated Under: 119.03
Statutory Authority: 1514.08
Rule Amplifies: 1514.011, 1514.02, 1514.08
Prior Effective Dates: 3/24/75, 10/6/11

Prior History: (Effective: 10/06/2011
R.C. 119.032 review dates: 07/14/2011 and 10/06/2016
Promulgated Under: 119.03
Statutory Authority: 1514.08
Rule Amplifies: 1514.011, 1514.02, 1514.08
Prior Effective Dates: 3/24/75 )