Revegetation for Reclamation Approval Process
In Reply Refer To:
3809/3715 (AK930) P
Instruction Memorandum No. AK-2019-011
Expires: 9/30/2020
To: District Managers and Field Managers
From: State Director
Subject: Revegetation for Reclamation Approval Process
Program Area: Mining Law Administration Program (L1990) – Surface Management
Purpose: The purpose of this Instruction Memorandum (IM) is to outline how BLM Alaska’s field staff will assess mine site revegetation, as part of the reclamation approval process, in a timely manner and in accordance with approved plans of operations (plans). Clear reclamation criteria established before mining begins may reduce costs of repeated site visits to discuss or evaluate reclamation progress.
This IM applies to areas disturbed by mining operations and is intended to be used in conjunction with the Stream Reclamation Approval Process Instruction Memorandum (IM AK 2019-010), where applicable. This IM replaces IM AK 2017-011.
Policy/Action: To meet the revegetation performance standards outlined at [43 CFR 3809.420 (b)(3)] for plans and notices, BLM Alaska personnel will use the criteria in this IM to:
- Assess reclamation completeness when a mine operator requests a reclamation inspection, and
- Guide formulation of revegetation criteria into new or modified plans and notices.
Revegetation criteria do not apply to existing reclamation plans that contain explicit revegetation targets, nor does this IM supersede approved land use plans that include specific criteria related to mining reclamation.
Revegetation for Reclamation
Existing Plans and Notices
For plans approved prior to July 1, 2019, assess revegetation in accordance with the approved reclamation plan for that operation. If the approved reclamation plan failed to include specific requirements for the monitoring and approval of revegetation, the site should be assessed and the revegetation approved once the following have been met:
- A reasonable positive trend in self-sustaining revegetation for no less than two growing seasons.
- No evidence of undue erosion.
- Non-native invasive plant species are no greater than the surrounding area.
New Plans and Notices
As part of the revegetation component of the reclamation and monitoring plans, incorporate the following for evaluating revegetation into plans and notices:
- Attainment of approximately 70% or more native plant foliar cover.[1]
- A minimum of two growing seasons, with a self-sustaining upward trend in native plant species foliar cover.
- Absence of non-native invasive plant species above baseline (i.e. non-native invasive species are no greater than the pre-mining conditions or surrounding area).
If the revegetation criteria are met, mining compliance staff may recommend reclamation release to the Authorized Officer (AO) without a request for release by the operator; then, if the operator concurs, the AO may authorize release of that acreage. Note that successful revegetation is the byproduct of topsoil management, site stability and erosion control management, and may lead to satisfaction of other regulatory considerations such as wildlife habitat rehabilitation.
Concurrent Reclamation
Concurrent reclamation is required per regulation and is commonly the most cost effective reclamation model for Alaska placer mines.[2] Plans and notices that implement concurrent reclamation as part of their operations allow for continued daily monitoring of reclaimed areas. Establishing the conditions for suitable revegetation (e.g., contouring, spreading topsoil, spreading slash, controlling erosion, vegetation transplants, etc.) while mining operations are still active helps ensure that maintenance and monitoring of the reclaimed area is continuous, while minimizing additional cost or time restrictions on the operator. Waiting to complete revegetation until after all mining is complete may necessitate additional costs to mobilize equipment and facilitate maintenance activities and monitoring. Therefore, BLM staff are encouraged to guide operators to implement concurrent reclamation whenever such reclamation is feasible.
Plant Foliar Cover Adjustments
If pre-disturbance conditions indicate that the 70% native plant species foliar cover criterion may be difficult to achieve post-reclamation, the AO may ask a BLM-led interdisciplinary (ID) team to recommend an alternative foliar cover criterion. The team will consist of a mining compliance specialist and BLM or partner-agency staff with expertise in botany, wildlife, hydrology, or soils, as deemed necessary by the AO. The team will document pre-mining site conditions, evaluate the revegetation growth potential, and make a recommendation to the AO on an alternative native plant species foliar cover percentage. The AO, with a focus on the site’s available topsoil and fines, will make the decision on whether to adopt alternative foliar cover less than the 70% standard.
Alternative Wildlife Habitat Features
The AO may consider alternative (non-vegetative) wildlife habitat features (AWHF) as a partial substitute for foliar cover (see Appendix 1).
Non-Native Invasive Plant Species
If non-native invasive plant species above that of baseline conditions occur at a reclaimed site, staff will work with miners to develop a plan to incorporate adaptive management practices for the inventory, monitoring, control, and potential removal of the infestations.
Preliminary Approval (PA) for Placer Mine Reclamation (IM-AK-2017-002)
If the AO determines that circumstances warrant the use of a PA, the criteria in this IM will apply to those areas under PA status.
Timeframe: Effective immediately.
Budget Impact: There should be little change from the previous year. It is expected that inspectors, and sometimes interdisciplinary teams, may still need to travel to mine sites that are remote, air-accessible, and require several days’ time. Technical assistance, education, and publication of technical and educational material will continue. For the long-term, BLM Alaska personnel may achieve cost reductions through baseline data gathering during site visits that are years in advance of mining, thus reducing the need for a site visit before each new area is mined.
Background: This Instruction Memorandum (IM) is designed to support the Secretary’s priorities of sustainably developing our energy and natural resources, restoring trust and being a good neighbor, and striking a regulatory balance.
Manual/Handbook Sections Affected: This IM is in conformance with the 43 CFR 3809 Surface Management Handbook.
Coordination: The BLM Alaska State Office Branches of Energy and Minerals, Solid Minerals (AK932) and Renewable Resources (AK931) coordinated with the Fairbanks and Anchorage District Offices in the development of this policy.
Contact: James Whitlock, Compliance & Enforcement Coordinator, 907-271-4227, j05whitl@blm.gov; or Joseph Galluzzi, Chief of Solid Minerals, 907-271-3236, jgalluzz@blm.gov.
Signed by Chad Padgett
BLM Alaska State Director
[1] The AO has discretion to adjust this percentage based on site conditions. Staff may also count moss 2-inch or greater in thickness and/or non-crustose lichen as foliar cover. BLM-AK data indicate that sites reclaimed with best management practices without seeding that attain 70% native foliar cover generally exhibit levels of plant diversity, structural composition, and plant species richness that are adequate for meeting vegetation and wildlife habitat reclamation standards in 43 CFR 3809.420.
[2] 43 CFR 3809.420(a)(5)