Section 11-8-2.5-53-53103 - Revegetation: Standards for Success(a) Success of revegetation shall be judged on the effectiveness of the vegetation for the approved post-mining land use, the extent of perennial cover compared to the cover occurring in natural vegetation of the area, the general requirements of §§ 5397-53103, and the specific requirements of Appendix A, " Revegetation Success Standards", where specific standards for the designated postmining land use are stated in Appendix A. Appendix A is incorporated by reference into these regulations as if set out fully herein, and the provisions of Appendix A are enforceable provisions of these regulations. If a postmining land use is selected and approved by the Permit Board for which standards are not specified in Appendix A, or to the extent that Appendix A does not specify a more specific standard of success for a postmining land use, the following general standards of success shall apply.(b)(1) Standards for success shall include criteria representative of unmined lands in the area being reclaimed to evaluate the appropriate vegetation parameters of ground cover, production, or stocking. Ground cover, production, or stocking shall be considered equal to the approved success standard when they are not less than 90 percent of the success standard. The sampling techniques for measuring success shall use a 90-percent statistical confidence interval (i.e., one-sided test with a 0.10 alpha error).(2) The period of extended responsibility for successful revegetation shall begin after the last year of augmented seeding, fertilizing, irrigation, or other work, excluding husbandry practices that are approved by the Department in accordance with § 53103 (b)(3) of this section.(3) In areas of more than 26.0 inches of annual average precipitation, the period of responsibility shall continue for a period of not less than:(A) Five full years, except as provided in § 53103(b)(2)(B) of this section. The vegetation parameters identified in paragraph § 53103(b) of this section for grazing land, pasture land, or cropland shall equal or exceed the approved success standard during the growing season of any 2 years of the responsibility period, except the first year. Areas approved for the other uses identified in § 53103(b) of this section shall be equal or exceed the applicable success standard during the growing season of the last year of the responsibility period.(B) Two full years for lands eligible for remining included in permits issued before September 30, 2004, or any renewals thereof. To the extent that the success standards are established by § 53103(a) of this section, the lands shall equal or exceed the standards during the growing season of the last year of the responsibility period.(4) The Permit Board may approve selective husbandry practices, excluding augmented seeding, fertilization, or irrigation, provided it obtains prior approval from the Director in accordance with 30 CFR § 732.17 that the practices are normal husbandry practices, without extending the period of responsibility for revegetation success and bond liability, if such practices can be expected to continue as part of the postmining land use or if discontinuance of the practices after the liability period expires will not reduce the probability of permanent revegetation success. Approved practices shall be normal husbandry practices within the region for unmined lands having land uses similar to the approved postmining land use of the disturbed area, including such practices as disease, pest, and vermin control; and any pruning, reseeding, and transplanting specifically necessitated by such actions.11 Miss. Code. R. § 8-2.5-53-53103