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 3 - PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES › Section 12.547 - Protection of Fish, Wildlife, and Related Environmental Values

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person
					 conducting underground mining activities shall, to the extent possible using
					 the best technology currently available, minimize the disturbances and adverse
					 impacts of the activities on fish, wildlife, and related environmental values,
					 and achieve enhancement of such resources where practicable.
(b) No underground 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 underground 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 during the months of October, November, and December. The operator shall
					 make a survey to determine the range and habitat and whether other nesting
					 sites are present. Upon notification, the Commission shall consult with the
					 U.S. Fish and Wildlife Service and, where appropriate, with the state fish and
					 wildlife agency. After consultation, the Commission shall determine whether,
					 and under what conditions, the operator may proceed.
(d) A person who conducts underground mining
					 activities shall ensure that the design and construction of electric power
					 lines and other transmission facilities used for or incidental to the
					 underground mining activities in the permit area shall be designed and
					 constructed 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 Commission office, 1701 North Congress Avenue,
					 Austin, Texas.
(e) Each person who
					 conducts underground 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 or overpasses and construct the necessary passages. No new
					 barrier shall be located 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 disturbances 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
					 12.524 and §
												RSA
					 12.565 of this title (relating to Hydrologic
					 Balance: Stream Buffer Zones, and to Subsidence Control: Buffer Zones) or
					 restoring stream channels as required in §
												RSA
					 12.511 of this title (relating to Hydrologic
					 Balance: Diversions);
(7) not use
					 persistent pesticides on the area during underground 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 post-mining land use, the operator shall, in addition to
					 the requirements of §§
												RSA
					 12.555-RSA
					 12.560 of this title (relating to
					 Revegetation: General Requirements, to Revegetation: Use of Introduced Species,
					 to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing
					 Practices, to Revegetation: Grazing, 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 ponds; and
(B) distribute plant groupings to maximize
					 benefit to fish and wildlife. Plants should be grouped and distributed in a
					 manner which optimizes 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;
					 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.