(a) The permittee shall establish on regraded areas and on all other disturbed areas except water areas and surface areas of roads that are approved as part of the postmining land use, a vegetative cover that is in accordance with the approved permit and reclamation plan and that is:
  (1) diverse, effective, and permanent;
  (2) comprised of species native to the area, or of introduced species where desirable and necessary to achieve the approved postmining land use and approved by the Commission;
  (3) at least equal in extent of cover to the natural vegetation of the area; and
  (4) capable of stabilizing the soil surface from erosion.
(b) The reestablished plant species shall:
  (1) be compatible with the approved postmining land use;
  (2) have the same seasonal characteristics of growth as the original vegetation;
  (3) be capable of self-regeneration and plant succession;
  (4) be compatible with the plant and animal species of the area; and
  (5) meet the requirements of applicable state and federal seed, poisonous and noxious plant, and introduced species laws or regulations.
(c) The Commission may grant exception to the requirements of subsection (b)(2) and (3) of this section when the species are necessary to achieve a quick-growing, temporary, stabilizing cover, and measures to establish permanent vegetation are included in the approved permit and reclamation plan.
(d) When the Commission approves a cropland postmining land use, the Commission may grant exception to the requirements of subsections (a)(1), (a)(3), (b)(2), and (b)(3) of this section. The requirements of §§12.620-12.622, 12.624, and 12.625 of this title (relating to Special Permanent Program Performance Standards--Operations on Prime Farmland) apply to areas identified as prime farmland.

Source Note: The provisions of this §12.390 adopted to be effective November 4, 1997, 22 TexReg 10640.