(a) Suitable mulch and other soil stabilizing practices shall be used on all regraded and topsoiled areas to control erosion, promote germination of seeds, or increase the moisture retention capacity of the soil. The Commission may, on a case-by-case basis, suspend the requirement for mulch, if the permittee can demonstrate that alternative procedures will achieve the requirements of §12.395 of this title (relating to Revegetation: Standards for Success) and do not cause or contribute to air or water pollution.
(b) When required by the Commission, mulches shall be mechanically or chemically anchored to the soil surface to assure effective protection of the soil and vegetation.
(c) Annual grasses and grains may be used alone, as in situ mulch, or in conjunction with another mulch, when the Commission determines that they will provide adequate soil erosion control and will later be replaced by perennial species approved for the postmining land use.
(d) Chemical soil stabilizers alone, or in combination with appropriate mulches, may be used in conjunction with vegetative covers approved for the postmining land use.

Source Note: The provisions of this §12.393 adopted to be effective April 7, 1997, 22 TexReg 3093.