# COMAR Title 26 — Department of the Environment

## Subtitle 20 — Surface Coal Mining and Reclamation Under Federally Approved Program

### Chapter 29 — Revegetation

**Authority:** Environment Article, §15-503, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.07 were previously codified as COMAR 08.13.09.35A—G, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.

**Administrative History:** Chapter recodified from COMAR 08.20.29 to COMAR 26.20.29, June 1996

**Administrative History:** Regulation .07 amended effective March 22, 1999 (26:6 Md. R. 488)

#### Regulation .01 General Requirements.

*COMAR 26.20.29.01*

A. Except for water areas and surface areas of roads that are approved as part of the postmining land use, the permittee shall establish a vegetative cover on regraded areas and on all other disturbed areas to stabilize the soil, minimize damage from sediment and runoff to downstream areas, and establish a permanent vegetative cover compatible with the approved postmining land use, that is in accordance with the approved permit and reclamation plan and that is:

  (1) Diverse, effective, and permanent;

  (2) Comprised of species native to the area, or of introduced species when desirable and necessary to achieve the approved postmining land use and approved by the Bureau;

  (3) At least equal in extent of cover to the natural vegetation of the area; and

  (4) Capable of quickly stabilizing the soil surface from erosion.

B. The reestablished vegetative cover shall:

  (1) Be compatible with the approved postmining land use;

  (2) Have the same seasonal characteristics of growth as the original vegetation;

  (3) Be capable of self-regeneration and plant succession;

  (4) Be compatible with the plant and animal species of the area; and

  (5) Meet the requirements of applicable State and federal seed, poisonous and noxious plant, and introduced species laws and regulations.

C. The Bureau may grant exception to the requirements of §B(2) and (3) of this regulation when the species are necessary to achieve a quick-growing, temporary, stabilizing cover, and measures to establish permanent vegetation are included in the approved permit and reclamation plan.

D. When a cropland postmining land use is approved, the Bureau may grant a waiver to the requirements of §§A(1) and (3) and B(2) and (3) of this regulation.

E. The person who conducts surface mining activities shall perform proper management practices including but not limited to the maintenance of any necessary fences, and periodic measurements of water, vegetation, and soils, as directed by the Bureau, to identify conditions during the period of liability.

#### Regulation .02 Timing.

*COMAR 26.20.29.02*

Seeding and planting of disturbed areas shall be conducted during the first normal period for favorable planting conditions after final regrading and spreading of topsoil. The normal period for favorable planting shall be that planting time generally accepted locally for the type of plant materials selected. When necessary to effectively control erosion, any disturbed area shall be seeded and planted, as contemporaneously as practicable with the completion of backfilling and grading, with a temporary cover of small grains, grasses, or legumes until a permanent cover is established.

#### Regulation .03 Plant Species Selection and Land Treatment.

*COMAR 26.20.29.03*

A. All planting plans, including trees and shrubs, shall include provisions for a herbaceous cover. The selection of plant species shall be based on proposed postmining land use, elevation, and soil conditions.

B. Establishment of a temporary or permanent herbaceous vegetative cover requires the following treatment:

  (1) Preparation of a seed bed by discing, harrowing, or other methods, if an adequate seed bed does not exist;

  (2) Application of lime to obtain a proper pH for the seed mixture to be planted, with minimum rate of 4 tons of lime per acre required, although a liming rate based on a soil analysis may be substituted for the minimum rate;

  (3) Application of fertilizer to ensure proper nutrients for plant growth, with minimum rate of 400 pounds per acre of 10-20-20 or equivalent required, although a fertilizer rate based on soil analysis may be substituted for the minimum rate;

  (4) Inoculation of legume seed with proper strain, and triple the inoculation rate if hydroseeded;

  (5) Protection of seeded area from livestock grazing and harvesting;

  (6) Fall seeding of legumes to be completed by September 1; and

  (7) Spring planting of seedlings to be completed before May 1.

#### Regulation .04 Revegetation Plan.

*COMAR 26.20.29.04*

A. The guidelines in §§B—I of this regulation shall be used in the development of a revegetation plan for the selected postmining land use.

B. Cropland. The plan shall contain appropriate crops for harvesting. These may include row crops, small grain crops, hay crops, nursery crops, orchard crops, or other similar crops. The crops may be planted alone or in combination with herbaceous cover. However, if nursery or orchard crops are planted, they shall include a herbaceous cover.

C. Pastureland and Hay Land. The plan shall include an appropriate selection of grasses and legumes to support the intended use of the area.

D. Forestry and Forest Land. The plan shall include the planting of a variety of trees and shrubs to support the intended use. A herbaceous cover shall also be provided for the area.

E. Residential and Industrial/Commercial. The plan shall provide for a vegetative cover for all open space areas in the developed area. The cover may be herbaceous or a combination of herbaceous/woody cover.

F. Recreation. The plan shall include the planting of a herbaceous cover and, if necessary, the planting of an appropriate variety of trees and shrubs to develop the area.

G. Fish and Wildlife. The plan shall include a herbaceous cover and the appropriate trees and shrubs necessary to enhance the use of the area, and shall be prepared in consultation with the Forest, Park and Wildlife Service and approved by the Bureau.

H. Developed Water Resources. The plan shall provide for the revegetation of all land not covered by water in accordance with one of the above land use categories.

I. Undeveloped Land. The plan shall provide for the revegetation of the area in accordance with the fish and wildlife or forestry land use categories.

#### Regulation .05 Soil-Stabilizing Practices.

*COMAR 26.20.29.05*

A. Suitable mulch and other soil-stabilizing practices shall be used on all regraded and topsoiled areas to control erosion, promote germination of seeds, or increase the moisture-retention capacity of the soil. The Bureau may modify this if seasonal, soil, or slope factors result in a condition when a lower application rate of mulch is adequate to control erosion and to promptly establish an effective vegetative cover.

B. When required by the Bureau, mulches shall be mechanically or chemically anchored to the soil surface to assure effective protection of the soil and vegetation.

C. Annual grasses and grains may be used alone, as in situ mulch, or in conjunction with another mulch, when the Bureau determines that they will provide adequate soil erosion control and will later be replaced by perennial species approved for the postmining land use.

D. Chemical soil stabilizers, alone or in combination with appropriate mulches, may be used in conjunction with vegetative covers approved for the postmining land use.

E. The minimum rate of application for hay or straw mulch is 2—3 tons per acre.

F. Other mulching materials may be substituted for hay or straw, on written request from the operator, and approval of the Bureau, of the mulch material and the rate of application.

#### Regulation .06 Backfilling and Planting Reports and Inspection.

*COMAR 26.20.29.06*

A. A backfilling and planting report shall be prepared by the permittee on forms furnished by the Bureau and filed with the Bureau not later than the time the mining and reclamation progress report required by Environment Article, §15-508(b), Annotated Code of Maryland, is submitted. The report shall include a location map showing the location of the acres backfilled and planted and covered by the report.

B. The permittee shall review all planted areas before the recognized planting seasons. The permittee shall cause those areas deficient of vegetative cover to be regraded, top dressed with lime and fertilizer, seeded, or mulched, or to have any other necessary treatment to establish a satisfactory cover of vegetation.

C. A vegetation inspection shall be made by the Bureau and the Land Reclamation Committee when the planted area has survived 2 years after the last augmented seeding. Following the inspection by the Bureau and the Land Reclamation Committee, the Bureau shall notify the operator whether the standards for success have been achieved. If standards have been met, the Bureau may then reduce the amount of bond on the area in accordance with COMAR 26.20.14. If the standards have not been met, the Bureau may order the operator to correct the deficiencies.

D. A final inspection shall be made by the Bureau on the planted areas at the end of the 5-year responsibility period. The Bureau shall notify the permittee, in writing, of its approval or disapproval of the revegetation. On areas for which the revegetation is:

  (1) Approved, the notification shall include procedures for bond release;

  (2) Not approved, the notification shall state the reasons for the disapproval.

#### Regulation .07 Standards for Success.

*COMAR 26.20.29.07*

A. Success of revegetation shall be judged on the effectiveness of the vegetation for the approved postmining land use, the extent of the cover compared to the cover occurring in natural vegetation of the area, and the general requirements of Regulation .01 of this chapter. Ground cover, production, or stocking of trees and shrubs shall be considered equal to the success standard when they are not less than 90 percent of the success standard using a 90 percent statistical confidence interval. A one-sided test with a 0.10 alpha error is an example of this.

B. Standards for success shall be applied in accordance with the approved postmining land use and, at a minimum, meet the following conditions:

  (1) For areas developed for use as pastureland or hay land, the ground cover and production of living plants on the revegetated area shall be at least equal to that of the approved reference area, or the revegetated area shall sustain a vegetative ground cover of 90 percent for the last 2 years of the responsibility period, with at least 10 percent of the area consisting of legumes well distributed, and contain no bare areas in excess of 300 square feet;

  (2) For areas developed for use as cropland, crop production on the revegetated area shall be at least equal to that of a reference area approved by the Bureau, or the crop production on the area shall be at least 90 percent of a production/yield standard recommended by the appropriate soil conservation district for the area and approved by the Bureau as part of the revegetation plan;

  (3) For areas to be developed for wildlife habitat, recreation, commercial forestry, or forest land, when a combination of herbaceous cover and woody plants is to be used, the success of the vegetation shall be determined on the basis of tree and shrub stocking and vegetative ground cover, and the following standards of success apply:

    (a) At the time of bond release the trees and shrubs shall be healthy, and at least 80 percent shall have been in place for at least 3 growing seasons,

    (b) Trees and shrubs may not be in place for less than 2 growing seasons and shall be counted in determining stocking adequacy,

    (c) On areas planted to woody species, there shall be at least 400 woody plants per acre on slopes less than 12 degrees, and 600 woody plants per acre on slopes greater than 12 degrees,

    (d) The herbaceous ground cover may not be less than that required to control erosion, and shall sustain a vegetative ground cover of 70 percent for the last 2 years of the responsibility period, and

    (e) For areas within the plan which are planted with herbaceous cover only, the success standards of §B(1) of this regulation apply;

  (4) For areas to be developed for industrial, commercial, or residential use less than 2 years after regrading is complete, the vegetative ground cover may not be less than that required to control erosion;

  (5) For areas classified as undeveloped land for which no specific postmining land use is specified, the success standards of §B(3) of this regulation apply unless another success standard is developed for §B(3)(b) of this regulation in consultation with the Forest, Park and Wildlife Service and approved by the Bureau;

  (6) The period of extended responsibility for successful revegetation shall begin after the last year of augmented seeding, fertilizing, or other work, excluding normal conservation and management practices approved by the Bureau;

  (7) Approved practices shall be normal conservation and management practices within the area for unmined lands having land uses similar to the approved postmining land use of the disturbed area;

  (8) The period of responsibility shall continue for a period of not less than 5 full years, except on lands eligible for remining as provided in §B(9) of this regulation; and

  (9) On lands eligible for remining included in permits issued before September 30, 2004, or on any later date authorized by the federal Surface Mining Control and Reclamation Act, or any renewal thereof, the period of responsibility shall continue for a period of not less than 2 full years.

C. On lands eligible for remining included in any permit, the lands shall equal or exceed the standards for success during the growing season of the last year of the responsibility period in §B(9) of this regulation.