Revegetation of Mined Lands

You should know... North Dakota Public Service Commission Issue R-6, Updated April 2017 Revegetation of Mined Lands INTRODUCTION released for backfi lling the mined-out pits, establishing drainage control and shaping Successful revegetation of mined lands the disturbed area; another 20 percent North Dakota Public is one of the most critical parts of the can be released once subsoil and topsoil Service Commission reclamation process involving the surface have been respread; and additional bond mining of coal in North Dakota. The can be released once vegetation has been Commissioners: Randy Christmann revegetation requirements must be met established. Vegetation establishment is the Julie Fedorchak before the mine operator or permittee can key to reducing erosion and sedimentation Brian Kroshus be relieved of his or her legal liability to on the disturbed acreage. Enough bond is reclaim the land. The purpose of this fact retained to cover revegetation and associated 600 E Boulevard Ave. Department 408 sheet is to supply an overview of those costs for a ten-year liability period after the Bismarck, ND requirements. last year of seeding and must be held until 58505-0480 all reclamation requirements have been LANDOWNER PREFERENCE satisfi ed. Telephone: 701-328-2400 STATEMENTS LIABILITY PERIOD AND Facsimle: MEASURES OF REVEGETATION 701-328-2410 An applicant for a surface mining permit must obtain the landowner’s postmining SUCCESS TDD/TTY: land use preference statement as part of 800-366-6888 the permit application process so that the Since July 1, 1975, North Dakota law has E-mail: appropriate postmining topography, seed required that reclaimed lands designated for [email protected] mixes and soil thicknesses can be made as agricultural purposes be restored to a level part of the reclamation plan. Postmining of productivity equal to or greater than that Website: land uses include cropland, native which existed prior to mining. Since July 1, www.psc.nd.gov grassland, tame pastureland, shelterbelts, 1979, all land disturbed for coal mining is wetlands and others. subject to a ten-year period of responsibility for successful revegetation. Vegetation PERFORMANCE BOND AND established on the land must meet or exceed Public Service Commission BOND RELEASE targets set for properties such as production (yield), diversity and seasonality. Lands An applicant for a surface mining permit mined between July 1, 1975, and June 30, must supply a performance bond in an 1979, are required to meet yield targets, but amount that will ensure reclamation the 10-year period does not apply. Neither at no cost to the state or to the public yield targets nor the ten-year period apply to if the permit is revoked. Performance lands mined prior to July 1, 1975. The reader agrees that use of this information is entirely at the customer’s bond release in North Dakota during own risk. The Public Service Commis- normal surface mining and reclamation To meet the requirements for third-stage sion’s services are provided “as is,” without warranty of any kind, either operations takes place in four stages. bond release (i.e., vegetation establishment), expressed or implied, including without limitation any warranty for information Up to 40 percent of the bond can be the properties to be measured are as follows. provided through or in connection with this service. North Dakota Public Service Commission Issue R-6, Page 2, Updated April 2017 Revegetation of Mined Lands (cont.) • For native grassland and tame • For native grassland: ground cover, pastureland: ground cover. All grasses productivity, diversity, seasonality and used for measuring ground cover must permanence. be perennial and not detrimental to the • For tame pastureland: ground cover and postmining land use. productivity. • For cropland: vegetation is considered • For cropland: production (yield). established after the successful seeding of either the crop being grown Again, there are also fi nal bond release or a precropland mixture of grasses requirements for less-common land uses and legumes. such as wetlands, woodland, fi sh and wildlife habitat, recreation, industrial and There are also third-stage bond release commercial uses, etc. requirements for less-common land uses such as wetlands, woodland, prime A more detailed presentation of the farmland, and fi sh and wildlife habitat. revegetation requirements can be obtained from the Commission’s rules governing The measures of success for revegetation surface-mined land, and from the on the permit area at the time of fi nal Commission’s “Standards for Evaluation of bond release must be determined for Revegetation Success and Recommended each postmining land use as shown in the Procedures for Pre- and Postmining next column. Each must be demonstrated Vegetation Assessments” document. Both for at least two years near the end of the are available from the Reclamation Division responsibility period. and are available online at the Commission's website: www.psc.nd.gov/public/laws/othercoalmining.php..

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