(a) After final grading and before the replacement of topsoil and other materials segregated in accordance with §12.505 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 underground 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 and other materials shall be redistributed in a manner that:
  (1) achieves an approximate uniform, stable thickness consistent with the postmining land uses, slopes, and surface-drainage system;
  (2) prevents excess compaction of the topsoil; and
  (3) protects the topsoil from wind and water erosion before and after it is seeded and planted.

Source Note: The provisions of this §12.507 adopted to be effective April 7, 1997, 22 TexReg 3093.