(1) A suitable permanent diverse primarily native vegetative cover capable
of meeting the criteria set forth in 82-4-233, MCA, shall be established on all
areas of lands affected except traveled portions of railroad loops and
roadways, areas of authorized water confinements, or areas where disturbance
levels will preclude vegetation establishment.
Areas shall be planted or seeded during the first seasonal opportunity
following completion of grading topsoil redistribution and remedial soil
(2) An operator shall establish a permanent
diverse vegetative cover of predominantly native species by drill
or planting, by seedling transplants, by establishing sod plugs, and/or by
other methods. All methods must have
prior approval by the department.
(3) The operator shall utilize certified seed of
named varieties that have successfully demonstrated regional long range
viability. Locally collected seed and
locally grown seedlings shall be utilized when available in sufficient quality
(4) An operator shall plant seed of a pure and
viable nature. Unless otherwise
approved by the department, seed shall be at least 90% pure. Seeding rates shall reflect germination
(5) The operator shall consider soil, climate, and
other relevant factors when planting and/or seeding to provide for the best
seed germination and plant survival.
(6) All drill seeding shall be done on the
contour. When grasses, shrubs and/or
forbs are seeded as a mixture they maybe drill seeded in separate rows at
intervals specified in the standard soil conservation service (SCS) planting
guidelines. Such mixed seedings shall be done in this manner wherever necessary
to avoid deleterious competition of different vegetal types or to avoid seed
distribution problems due to different seed sizes.
(7) Soil amendments shall be used as necessary to
supplement the soil and to aid in the establishment of a permanent vegetative
cover as specified in the approved reclamation plan or as later deemed
necessary by the department.
(8) An operator shall use any other means
necessary to insure the establishment of a diverse and permanent vegetative
cover, including but not limited to irrigation, and fencing or other protective
(9) The department may require the seeding of
annual grasses and/or legumes on such areas as it deems necessary.
(10) Mulch shall be immediately applied to all
areas that do not have permanent or temporary cover established when, in the
opinion of the department, the grade or length of any slope presents a
likelihood of substantial erosion or substantial deposition of sediment into
any waters of the state.
(11) The department will annually inspect seeded
areas at the end of the growing season to determine species diversity,
germination and seedling take. If the
department determines that seedings are unsuccessful in terms of good
germination and/or seedling take, immediate investigative action shall be taken
by the operator at the request of the department to determine the cause so that
alternatives can be employed to establish the desired permanent vegetative
cover at the very next seasonal opportunity.
The investigative report shall be submitted along with prescribed course
of corrective action prior to the next growing season.
(12) If the area affected is to be primarily
utilized by domestic stock, the department may require incorporation of a
grazing system after vegetation establishment to gauge stand tolerance to