(a) Part 816 of this chapter, Permanent Program Performance Standards—Surface Mining Activities, applies to any person who conducts surface mining activities, except §816.116(a)(1) of this chapter regarding revegetation success standards, for which paragraph (b) of this section substitutes.

(b) Standards for success shall be those identified at §816.116(a)(2) and (b) of this chapter. Statistically valid sampling techniques for measuring success shall be included in the mining and reclamation plan and approved by the regulatory authority.