(a) After final grading and before the replacement of topsoil, topsoil substitutes, and other materials segregated in accordance with §12.335 of this title (relating to Topsoil: Removal), regraded land shall be scarified or otherwise treated as required by the Commission to eliminate slippage surfaces and to promote root penetration. If the person who conducts the surface mining activities shows, through appropriate tests, and the Commission approves, that no harm will be caused to the topsoil and vegetation, scarification may be conducted after topsoiling.
(b) Topsoil material, and topsoil substitutes, and other supplements shall be redistributed in a manner that:
  (1) achieves an approximate uniform, stable thickness consistent with the approved postmining land uses, contours, and surface water drainage system. Soil thickness may also be varied to the extent that such variations help meet the specific revegetation goals identified in the permit;
  (2) prevents excess compaction of the topsoil, topsoil substitutes, and supplements; and
  (3) protects the topsoil, topsoil substitutes, and supplements from wind and water erosion before and after it is seeded and planted.

Source Note: The provisions of this §12.337 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 12, 2007, 32 TexReg 8124