<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 26.21.01.11" title_num="26" subtitle_num="21" chapter_num="01" heading="Topsoil.">
  <paragraph num="A.">
    <text>The permittee shall remove, segregate, and stockpile topsoil on-site for reclamation unless the Department approves the removal from the site in the permit.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The permittee shall protect stockpiled topsoil in accordance with the approved mining and reclamation plan by a vegetative cover or by other methods demonstrated to provide protection, including but not limited to, chemical binders and mulching.</text>
  </paragraph>
  <paragraph num="C.">
    <text>After the final grade has been completed in accordance with the approved mining and reclamation plan, but before the topsoil is replaced, the permittee shall disk or scarify the land to a depth of 2 inches to promote root penetration.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The permittee shall distribute topsoil in accordance with the approved mining and reclamation plan in a manner which:</text>
    <paragraph num="(1)">
      <text>Achieves an approximate uniform thickness;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Prevents excessive compaction of subsoil;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Protects it from erosion before it is seeded.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Topsoil may not be placed while in a frozen or muddy condition, when the subgrade is excessively wet, or while in a condition that would otherwise be detrimental to proper grading.</text>
  </paragraph>
  <paragraph num="F.">
    <text>If topsoil was not conserved during mining or if there is an insufficient quantity of topsoil, the permittee shall upgrade the remaining native materials by the application of soil conditioners, mulches, or imported topsoil.</text>
  </paragraph>
</regulation>