(a) Soil reconstruction specifications established by the U.S. Natural Resources Conservation Service are based upon the standards of the National Cooperative Soil Survey and include, as a minimum, physical and chemical characteristics of reconstructed soils and soil descriptions containing soil-horizon depths, soil densities, soil pH, and other specifications such that reconstructed soils will have the capability of achieving levels of yield equal to, or higher than, those of nonmined prime farmland in the surrounding area.
(b) The minimum depth of soil and substitute soil material to be reconstructed for prime farmland shall be 48 inches, or a lesser depth equal to the depth to a subsurface horizon in the natural soil that inhibits or prevents root penetration, or a greater depth if determined necessary to restore the original soil productive capacity. Soil horizons shall be considered as inhibiting or preventing root penetration if their physical or chemical properties or water-supplying capacities cause them to restrict or prevent penetration by roots of plants common to the vicinity of the permit area and if these properties or capacities have little or no beneficial effect on soil productive capacity.
(c) The operator shall replace soil material only on land which has been first returned to final grade and scarified according to §§12.384-12.388 of this title (relating to Backfilling and Grading: General Requirements, to Backfilling and Grading: General Grading Requirements, to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials, to Backfilling and Grading: Thin Overburden, and to Backfilling and Grading: Thick Overburden) or §§12.551-12.553 of this title (relating to Backfilling and Grading: General Requirements, to Backfilling and Grading: General Grading Requirements, and to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials), unless site-specific evidence is provided and approved by the Commission showing that scarification will not enhance the capability of the reconstructed soil to achieve equivalent or higher levels of yield.
(d) The operator shall replace and regrade the soil horizons or other root-zone material with proper compaction and uniform depth.
(e) The operator shall replace the B horizon, C horizon, or other suitable material specified in §12.621(a)(2) of this title (relating to Prime Farmland: Soil Removal) to the thickness needed to meet the requirements of subsection (b) of this section.
(f) The operator shall replace the topsoil or other suitable soil materials specified in §12.621(a)(1) of this title (relating to Prime Farmland: Soil Removal) as the final surface soil layer. This surface soil layer shall equal or exceed the thickness of the original surface soil layer, as determined by the soil survey in §12.201(b)(1) of this title (relating to Prime Farmland), and be replaced in a manner that protects the surface layer from wind and water erosion before it is seeded or planted.
(g) Apply nutrients and soil amendments as needed to quickly establish vegetative growth.

Source Note: The provisions of this §12.624 adopted to be effective April 7, 1997, 22 TexReg 3093.