Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter K - PERMANENT PROGRAM PERFORMANCE STANDARDS › Division 2 - PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES › Section 12.380 - Protection of Fish, Wildlife, and Related Environmental Values

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person
					 conducting surface mining activities shall, to the extent possible using the
					 best technology currently available, minimize disturbances and adverse impacts
					 of the activities on fish, wildlife, and related environmental values, and
					 achieve enhancement of such resources where practicable.
(b) No surface mining activity shall be
					 conducted which is likely to jeopardize the continued existence of endangered
					 or threatened species or which is likely to result in the destruction or
					 adverse modification of designated critical habitats of such species in
					 violation of the Endangered Species Act of 1973, as amended (RSA
					 1531 et seq.). The operator shall promptly
					 report to the Commission the presence in the permit area of any critical
					 habitat of a threatened or endangered species listed by the Secretary, any
					 plant or animal listed as threatened or endangered under state or federal law,
					 or any bald or golden eagle, of which the operator becomes aware and which was
					 not previously reported to the Commission by that person. Upon notification,
					 the Commission shall consult with appropriate state and federal fish and
					 wildlife agencies and, after consultation, shall identify whether, and under
					 what conditions, the operator may proceed.
(c) No surface mining activity shall be
					 conducted in a manner which would result in the unlawful taking of a bald or
					 golden eagle, its nest, or any of its eggs. The operator shall promptly report
					 to the Commission any golden or bald eagle nest discovered within the permit
					 area. The operator shall make a survey to determine whether nest sites have
					 eagles present, the range and habitat used by eagles at occupied sites, and to
					 determine whether other nesting sites are present. Upon notification, the
					 Commission shall consult with the U.S. Fish and Wildlife Service and the Texas
					 Parks and Wildlife Department. After consultation, the Commission shall
					 determine whether, and under what conditions the operator may
					 proceed.
(d) A person who conducts
					 surface mining activities shall ensure that the design and construction of
					 electric power lines and other transmission facilities used for or incidental
					 to the surface mining activities on the permit area are in accordance with the
					 guidelines set forth in Environmental Criteria for Electric Transmission
					 Systems (USDI, USDA (1970)), or in alternative guidance manuals approved by the
					 Commission. Distribution lines shall be designed and constructed in accordance
					 with REA Bulletin 61-10, Powerline Contacts by Eagles and Other Large Birds, or
					 in alternative guidance manuals approved by the Commission. For informational
					 purposes, these two documents are available at the office of the Commission,
					 1701 N. Congress Avenue, Austin, Texas.
(e) Each person who conducts surface mining
					 activities shall, to the extent possible using the best technology currently
					 available:
(1) locate and operate haul and
					 access roads so as to avoid or minimize impacts to important fish and wildlife
					 species or other species protected by state or federal law;
(2) fence roadways where specified by the
					 Commission to guide locally important wildlife to roadway underpasses. No new
					 barrier shall be created in known and important wildlife migration
					 routes;
(3) fence, cover, or use
					 other appropriate methods to exclude wildlife from ponds which contain
					 hazardous concentrations of toxic-forming materials;
(4) restore, enhance where practicable or
					 avoid disturbance to habitats of unusually high value for fish and
					 wildlife;
(5) restore, enhance
					 where practicable, or maintain natural riparian vegetation on the banks of
					 streams, lakes, and other wetland areas;
(6) afford protection to aquatic communities
					 by avoiding stream channels as required in §
												RSA
					 12.355 of this title (relating to Hydrologic
					 Balance: Stream Buffer Zones) or restoring stream channels as required in
					 §
												RSA
					 12.341 of this title (relating to Hydrologic
					 Balance: Diversions);
(7) not use
					 persistent pesticides on the area during surface mining and reclamation
					 activities, unless approved by the Commission;
(8) to the extent possible prevent, control,
					 and suppress range, forest, and coal fires which are not approved by the
					 Commission as part of a management plan;
(9) if fish and wildlife habitat is to be a
					 primary or secondary postmining land use, the operator shall in addition to the
					 requirements of §§
												RSA
					 12.390-RSA
					 12.393 and
					 RSA
					 12.395 of this title (relating to
					 Revegetation: General Requirements, to Revegetation: Use of Introduced Species,
					 to Revegetation: Timing, to Revegetation: Mulching and Other Stabilizing
					 Practices, and to Revegetation: Standards for Success):
(A) select plant species to be used on
					 reclaimed areas, based on the following criteria:
(i) their proven nutritional value for fish
					 and wildlife;
(ii) their uses as
					 cover for fish and wildlife; and
(iii) their ability to support and enhance
					 fish and wildlife habitat after release of bonds; and
(B) distribute plant groupings to maximize
					 benefit to fish and wildlife. Plants should be grouped and distributed in a
					 manner which optimize edge effect, cover, and other benefits for fish and
					 wildlife;
(10) where
					 cropland is to be the postmining land use and where appropriate for wildlife
					 and crop management practices, intersperse the fields with trees, hedges, or
					 fence rows throughout the harvested area to break up large blocks of
					 monoculture and to diversify habitat types for birds and other animals.
					 Wetlands shall be preserved or created rather than drained or otherwise
					 permanently abolished; and
(11)
					 where the primary land use is to be residential, public service, or industrial
					 land use, intersperse reclaimed lands with greenbelts utilizing species of
					 grass, shrubs and trees useful as food and cover for birds and small animals,
					 unless such green belts are inconsistent with the approved postmining land
					 use.