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Section 816.116 (b) Continued. <br />(3) The ground cover and productivity of the revegetated areas shall be <br />considered equal if they are at least 90 percent of the ground cover and <br />productivity of the reference area within 90 percent statistical con- <br />fidence, or with 80 percent statistical confidence on shrublands, or <br />ground cover and productivity are at least 90 percent of the standards <br />in a technical guide approved pursuant to 30 CFR 816.116 (b)(1). Excep- <br />tions may be authorized by the regulatory authority under the following <br />standards: <br />(i) For previously mined areas that were not reclaimed to the require- <br />ments of this Subchapter, as minimum the ground cover of living plants <br />shall not be less than can be supported by the best available topsoil <br />or other suitable material in the reaffected areas, shall not be less <br />than the ground cover existing before redisturbance, and shall be <br />adequate to control erosion; <br />(ii) For areas to be developed for industrial or residential use less <br />than 2 years after regrading is completed, the ground cover of living <br />plants shall not be less than required to control erosion; and <br />(iii) For areas to be used for cropland, success in revegetation of <br />cropland shall be determined on the basis of crop production from the <br />mined area as compared to approved reference areas or other technical <br />guidance procedures. Crop production from the mined area shall be <br />equal to or greater than that of the approved standard for the last <br />two consecutive growing seasons of the 5 or 10 year liability period <br />of responsibility for revegetation shall commence at the date of <br />initial planting of the crop being grown. Production shall not be <br />considered equal if it is less than 90 percent of the production of <br />the approved standard with 90 percent statistical confidence. <br />(iv) On areas to be developed for fish and wildlife management or <br />forestland, success of vegetation shall be determined on the basis of <br />tree, shrub or half-shrub stocking and ground cover. The tree, shrub, <br />or half-shrub stocking shall meet the standards described in Section <br />816.117. The area seeded to a ground cover shall be considered acceptable <br />816-159 <br />