(6) The procedure noted in D(5) of this regulation also shall be used to approach the tree from the opposite side.
(7) At least 24 inches of undisturbed earth shall remain over the tunnel or bore, or above other type of installation.
(8) For operations using shallow trenching techniques up to 12 inches deep, care shall be taken to minimize root damage and protect the trunk of the tree.
(9) Roots 1 inch or larger, damaged during construction, shall be sawed off close to the tree side of the ditch. Clean cuts shall be made at all times.
(10) Installations affecting roadside trees shall be completed in as short a time as possible to prevent the drying out of exposed roots.
(11) If considered necessary, the exposed root area within the ditch shall be watered and fertilized as directed by the Forest Service.
(12) Tunnels shall be refilled and the soil tamped tightly to original firmness.
(13) Trenches shall be filled to achieve and maintain original grade.
(14) Excess soil shall be removed from the site or disposed of as directed by the Forest Service.
(15) Unless otherwise directed by the Forest Service, the ground shall be fertilized and reseeded, cover shall be restored, and other procedures shall be followed as necessary to prevent erosion around trees.

E. Violations of Roadside Tree Standards.

(1) The Forest Service may require a person who fails to comply with C or D of this regulation to:

(a) Remove and replace a tree which dies within 1 year after the treatment activity is completed;
(b) Document for 3 years the condition of a tree which shows decline;
(c) Remove and replace a tree which dies after 3 years following the completion of the treatment activity, if the tree has been the subject of the documentation in E(l) (b) of this regulation.

(2) The value of a tree to be replaced is determined as of the date of the violation.

.08 Use of Pesticides.

A. The use or application of a pesticide to a tree on a public road right-of-way in the State is controlled as follows:

(1) Any person applying a pesticide to a roadside tree shall have acquired certification and licensure required by the Maryland Department of Agriculture and shall adhere to regulations provided in COMAR 15.05.01;
(2) Any person applying a pesticide shall apply only those pesticides registered for that use by the U.S. Environmental Protection Agency, and the Maryland Department of Agriculture, and shall follow the manufacturer's label directions for proper use;