Oklahoma § 45-754 - Reestablishment of native flora - Length of liability

§ 45-754. Reestablishment of native flora - Length of liability

A. The operator shall establish on the regraded areas and all

other lands affected, a diverse, effective and permanent vegetative

cover of the same seasonal variety native to the area of land to be

affected and capable of self-regeneration and plant succession at

least equal in extent of cover to the natural vegetation of the

area; except, that introduced species may be used in the

revegetation process where desirable and necessary to achieve the

approved postmining land use plan.

B. The operator shall assume the responsibility for successful

revegetation for a period of five (5) full years after the last year

of augmented seeding, fertilizing, irrigation or other work in order

to assure compliance with this section. In those areas or regions

of Oklahoma, where the annual average precipitation is twenty-six

(26) inches or less as determined by the most recent National

Oceanic and Atmospheric Administration Annual Summary of

Climatological Data for Oklahoma, then the operator's assumption of

responsibility and liability will extend for a period of ten (10)

full years after the last year of augmented seeding, fertilizing,

irrigation or other work. When the Department approves a long-term

intensive agricultural postmining land use, the applicable five- or

ten-year period of responsibility for revegetation shall commence at

the date of initial planting for such long-term intensive

agricultural postmining land use. When the Department issues a

written finding approving a long-term, intensive, agricultural

postmining land use as part of the mining and reclamation plan, the

Oklahoma Statutes - Title 45. Mines and Mining

Department may grant exception to the provisions of subsection A of

this section.

Laws 1978, c. 10, § 14, emerg. eff. Feb. 2, 1978; Laws 1979, c. 249,

§ 26, emerg. eff. June 1, 1979.