Do the cases define the phrase “first normal period for favorable planting conditions” or specify specific planting materials?
REGULATIONS The Alabama Regulation, which went into effect on July 27, 1983, reads as follows: “Seeding and planting of disturbed areas shall be conducted during the first normal period for favorable planting conditions after final preparation. The normal period for favorable planting shall be that planting time generally accepted locally for the type of plant materials selected. When necessary to effectively control erosion, any disturbed area shall be seeded as contemporaneously as practicable with the completion of backfilling and grading, with a temporary cover of small grains, grasses, or legumes until a permanent cover is established.” The corresponding version of the federal regulation presently in effect does not contain the sentence highlighted above [the last sentence of the previous paragraph]. The preamble to the current rule (48 FR 40146-40147, SEPTEMBER 2, 1983) states that “the provision concerning the use of temporary cover has not been adopted because it is redundant o
