(a) All exposed surface areas shall be protected and stabilized to effectively control erosion and air pollution attendant to erosion.
(b) Rills and gullies which form in areas that have been regraded and topsoiled and which either disrupt the approved postmining land use or the reestablishment of the vegetative cover or cause or contribute to a violation of water-quality standards for receiving streams shall be filled, regraded, or otherwise stabilized. Topsoil shall be replaced and the areas shall be reseeded or replanted.

Source Note: The provisions of this §12.389 adopted to be effective September 14, 1999, 24 TexReg 7223