<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".01" citation="COMAR 26.20.29.01" title_num="26" subtitle_num="20" chapter_num="29" heading="General Requirements.">
  <paragraph num="A.">
    <text>Except for water areas and surface areas of roads that are approved as part of the postmining land use, the permittee shall establish a vegetative cover on regraded areas and on all other disturbed areas to stabilize the soil, minimize damage from sediment and runoff to downstream areas, and establish a permanent vegetative cover compatible with the approved postmining land use, that is in accordance with the approved permit and reclamation plan and that is:</text>
    <paragraph num="(1)">
      <text>Diverse, effective, and permanent;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Comprised of species native to the area, or of introduced species when desirable and necessary to achieve the approved postmining land use and approved by the Bureau;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>At least equal in extent of cover to the natural vegetation of the area; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Capable of quickly stabilizing the soil surface from erosion.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The reestablished vegetative cover shall:</text>
    <paragraph num="(1)">
      <text>Be compatible with the approved postmining land use;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Have the same seasonal characteristics of growth as the original vegetation;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Be capable of self-regeneration and plant succession;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Be compatible with the plant and animal species of the area; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Meet the requirements of applicable State and federal seed, poisonous and noxious plant, and introduced species laws and regulations.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The Bureau may grant exception to the requirements of §B(2) and (3) of this regulation 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.</text>
  </paragraph>
  <paragraph num="D.">
    <text>When a cropland postmining land use is approved, the Bureau may grant a waiver to the requirements of §§A(1) and (3) and B(2) and (3) of this regulation.</text>
  </paragraph>
  <paragraph num="E.">
    <text>The person who conducts surface mining activities shall perform proper management practices including but not limited to the maintenance of any necessary fences, and periodic measurements of water, vegetation, and soils, as directed by the Bureau, to identify conditions during the period of liability.</text>
  </paragraph>
</regulation>