reglab/statecodes huggingface dataset:
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 12.534 - Disposal of Underground Development Waste and Excess Spoil: Durable Rock Fills

Current through Reg. 49, No. 28; July 12, 2024
(a) In lieu of the
					 requirements of §12.532 and §12.533 of this title (relating to
					 Disposal of Underground Development Waste and Excess Spoil: Valley Fills, and
					 to Disposal of Underground Development Waste and Excess Spoil: Head-of-Hollow
					 Fills), the Commission may approve alternate methods for disposal of hard rock
					 spoil, including fill placement by dumping in a single lift, on a site-specific
					 basis, provided the services of a qualified professional engineer experienced
					 in the design and construction of earth and rockfill embankments are utilized,
					 and provided the requirements of this section and §12.531 of this title
					 (relating to Disposal of Underground Development Waste and Excess Spoil:
					 General Requirements) are met. For this section, hard rock spoil shall be
					 defined as rockfill consisting of at least 80% by volume of sandstone,
					 limestone, or other rocks that do not slake in water. Resistance of the hard
					 rock waste or spoil to slaking shall be determined by using the slake index and
					 slake durability tests in accordance with guidelines and criteria established
					 by the Commission.
(b) Waste or
					 spoil is to be transported and placed in a specified and controlled manner
					 which will ensure stability of the fill.
(1)
					 The method of waste spoil placement shall be designed to ensure mass stability
					 and prevent mass movement in accordance with the additional requirements of
					 this section.
(2) Loads of
					 noncemented clay shale and/or clay spoil in the fill shall be mixed with hard
					 rock waste spoil in a controlled manner to limit, on a unit basis,
					 concentrations of noncemented clay shale and clay in the fill. Such materials
					 will comprise no more than 20% of the fill volume as determined by tests
					 performed by a qualified professional engineer and approved by the
					 Commission.
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 12.535 - Coal Mine Waste Banks: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) All coal mine waste shall be hauled or
					 conveyed and placed in new and existing disposal areas approved by the
					 Commission for this purpose. These areas shall be within a permit area. The
					 disposal area shall be designed, constructed and maintained:
(1) in accordance with §
												RSA
					 12.531 and §
												RSA
					 12.532 of this title (relating to Disposal of
					 Underground Development Waste and Excess Spoil: General Requirements, and to
					 Disposal of Underground Development Waste and Excess Spoil: Valley Fills), this
					 section, and §§
												RSA
					 12.536-RSA
					 12.541 of this title (relating to Coal Mine
					 Waste Banks: Site Inspection, to Coal Mine Waste Banks: Water-Control Measures,
					 to Coal Mine Waste Banks: Construction Requirements, to Coal Mine Waste:
					 Burning, to Coal Mine Waste: Burned-Waste Utilization, and to Coal Mine Waste:
					 Return to Underground Workings); and
(2) to prevent
					 combustion.
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 12.536 - Coal Mine Waste Banks: Site Inspection

Current through Reg. 49, No. 28; July 12, 2024
(a) All coal mine waste banks shall be
					 inspected, on behalf of the person conducting underground mining activities, by
					 a qualified professional engineer or other person approved by the Commission.
(1) Inspections shall occur at least
					 quarterly, beginning within seven days after preparation of the disposal area
					 begins. The Commission may require more frequent inspections based upon an
					 evaluation of the potential danger to the health or safety of the public and
					 the potential harm to land, air and water resources. Inspections may terminate
					 when the coal mine waste bank has been graded, covered in accordance with
					 §
												RSA
					 12.538 of this title (relating to Coal Mine
					 Waste Banks: Construction Requirements), topsoil has been distributed on the
					 bank in accordance with §
												RSA
					 12.507 of this title (relating to Topsoil:
					 Redistribution), or at such a later time as the Commission may
					 require.
(2) Inspections shall
					 include such observations and tests as may be necessary to evaluate the
					 potential hazard to human life and property, ensure that all organic material
					 and topsoil have been removed and that proper construction and maintenance are
					 occurring in accordance with the plan submitted under §§
												RSA
					 12.190-RSA
					 12.193 of this title (relating to Reclamation
					 Plan: Ponds, Impoundments, Banks, Dams, and Embankments, to Protection of
					 Public Parks and Historic Places, to Relocation or Use of Public Roads, and to
					 Underground Development Waste/Return of Coal Processing Waste to Abandoned
					 Underground Workings) and approved by the Commission.
(3) The engineer or other approved inspector
					 shall consider steepness of slopes, seepage, and other visible factors which
					 could indicate potential failure, and the results of failure with respect to
					 the threat to human life and property.
(4) Copies of the inspection findings shall
					 be maintained at the mine site.
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 12.537 - Coal Mine Waste Banks: Water-Control Measures

Current through Reg. 49, No. 28; July 12, 2024
(a) A properly designed subdrainage system
					 shall be provided, which shall:
(1) intercept
					 all ground-water sources;
(2) be
					 protected by an adequate filter; and
(3) be covered so as to protect against the
					 entrance of surface water or leachate from the coal mine waste.
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 12.538 - Coal Mine Waste Banks: Construction Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Coal mine waste banks shall be
					 constructed in compliance with §
											RSA
					 12.531 and §
											RSA
					 12.532 of this title (relating to Disposal of
					 Underground Development Waste and Excess Spoil: General Requirements, and to
					 Disposal of Underground Development Waste and Excess Spoil: Valley Fills),
					 except to the extent the requirements of those sections are specifically varied
					 in this section.
(b) Coal mine
					 waste banks shall have a minimum static factor of safety of 1.5.
(c) Compaction requirements during
					 construction or modification of all coal mine waste banks shall meet the
					 requirements of this subsection, instead of those specified in §
											RSA
					 12.532<subdiv>(d)</subdiv> of
					 this title (relating to Disposal of Underground Development Waste and Excess
					 Spoil: Valley Fills). The coal mine waste shall be:
(1) spread in layers no more than 24 inches
					 in thickness; and
(2) compacted to
					 attain 90% of the maximum dry density in order to prevent spontaneous
					 combustion and to provide the strength required for stability of the coal
					 processing waste bank. Dry densities shall be determined in accordance with the
					 American Association of State Highway and Transportation Officials (AASHTO)
					 Specification T99-74 (Twelfth Edition) (July, 1978) or an equivalent method.
					 AASHTO T99-74 is on file and available for inspection at the Commission office,
					 1701 N. Congress Avenue, Austin, Texas.
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 12.539 - Coal Mine Waste: Burning

Current through Reg. 49, No. 28; July 12, 2024
Coal mine waste fires shall be extinguished by the person
						who conducts the underground mining activities in accordance with a plan
						approved by the Commission and the Mine Safety and Health Administration. The
						plan shall contain, at a minimum, provisions to ensure that only those persons
						authorized by the operator, and who have an understanding of the procedure to
						be used, shall be involved in the extinguishing operations.
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 12.540 - Coal Mine Waste: Burned-Waste Utilization

Current through Reg. 49, No. 28; July 12, 2024
Before any burned coal mine waste or other materials or
						refuse is removed from a disposal area, approval shall be obtained from the
						Commission. A plan for the method of removal, with maps and appropriate
						drawings to illustrate the proposed sequence of the operation and methods of
						compliance with §§12.500 - 12.539, this section, and
						§§12.541 - 12.572 of this title (relating to Permanent Program
						Performance Standards--Underground Mining Activities), shall be submitted to
						the Commission. Consideration shall be given in the plan to potential hazards,
						which may be created by removal, to persons working or living in the vicinity
						of the structure. The plan shall be certified by a qualified professional
						engineer.
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 12.541 - Coal Mine Waste: Return to Underground Workings

Current through Reg. 49, No. 28; July 12, 2024
Coal mine waste may be returned to underground mine
						workings only in accordance with the waste disposal program approved by the
						Commission and MSHA under §
											RSA
						12.193 of this title (relating to Underground
						Development Waste/Return of Coal Processing Waste to Abandoned Underground
						Workings).
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 12.542 - Disposal of Noncoal Wastes

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Noncoal wastes including, but not limited to, grease, lubricants, paints,
					 flammable liquids, garbage, abandoned mining machinery, timber and other
					 combustibles generated during underground mining activities, shall be placed
					 and stored in a controlled manner in a designated portion of the permit area.
					 Placement and storage shall ensure that leachate and surface runoff do not
					 degrade surface or ground water, fires are prevented, and that the area remains
					 stable and suitable for reclamation and revegetation compatible with the
					 natural surroundings.
(b) Final
					 disposal of noncoal wastes shall be in a designated disposal site in the permit
					 area. Disposal sites shall be designed and constructed with appropriate water
					 barriers on the bottom and sides of the designated site. Wastes shall be
					 routinely compacted and covered to prevent combustion and wind-borne waste.
					 When disposal is completed, a minimum of 2 feet of soil cover shall be placed
					 over the site, slopes stabilized, and revegetation accomplished in accordance
					 with §§
											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). Operation of the disposal site shall be conducted in accordance with
					 all local, state, and federal requirements.
(c) At no time shall any solid waste material
					 be deposited at refuse embankments or impoundment sites, nor shall any solid
					 waste disposal excavation be placed within 8 feet of any coal outcrop or coal
					 storage area.
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 12.543 - Coal Mine Waste: Dams and Embankments: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) This section,
					 and §
											RSA
					 12.544 and §
											RSA
					 12.545 of this title (relating to Coal Mine
					 Waste: Dams and Embankments: Site Preparation, and to Coal Mine Waste: Dams and
					 Embankments: Design and Construction) apply to dams and embankments constructed
					 of coal mine waste or intended to impound coal mine waste, whether they were
					 completed before adoption of the Commission regulatory program or are intended
					 to be completed thereafter.
(b)
					 Waste shall not be used in the construction of dams and embankments unless it
					 has been demonstrated to the Commission that the stability of such a structure
					 conforms with the requirements of §§12.500-12.542, this section, and
					 §§
											RSA
					 12.544-RSA 12.572 of
					 this title (relating to Permanent Program Performance Standards--Underground
					 Mining Activities). It shall also be demonstrated that the use of coal mine
					 waste material shall not have a detrimental effect on downstream water quality
					 or the environment due to acid seepage through the dam or embankment. The
					 stability of the structure and the potential impact of acid mine seepage
					 through the impounding structure shall be discussed in detail in the design
					 plan submitted to the Commission in accordance with this chapter (relating to
					 Coal Mining Regulations). All demonstrations shall be submitted to and approved
					 by the Commission.
(c) Each
					 impounding structure constructed of coal mine waste or intended to impound coal
					 mine waste shall be designed, constructed and maintained in accordance with
					 this chapter (relating to Coal Mining Regulations). Such structures may not be
					 retained permanently as part of the approved postmining land use.
(d) If an impounding structure constructed of
					 coal mine waste or intended to impound coal mine waste meets the criteria of
					 the Mine Safety and Health Administration, 30 CFR 77.216(a), the combination of
					 principal and auxiliary spillways shall be able to safely pass the probable
					 maximum precipitation of a 6-hour precipitation event, or greater event as
					 specified by the Commission.
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 12.544 - Coal Mine Waste: Dams and Embankments: Site Preparation

Current through Reg. 49, No. 28; July 12, 2024
Before coal mine waste is placed at a dam or embankment
						site:
(1) all trees, shrubs, grasses,
					 and other organic material shall be cleared and grubbed from the site, and all
					 combustibles shall be removed and stockpiled in accordance with the
					 requirements of §§12.500-12.543, this section, and §§
											RSA
					 12.545-RSA 12.572 of
					 this title (relating to Permanent Program Performance Standards--Underground
					 Mining Activities); and
(2) surface
					 drainage that may cause erosion to the embankment area or the embankment
					 features, whether during construction or after completion, shall be diverted
					 away from the embankment by diversion ditches that comply with the requirements
					 of §
											RSA
					 12.511 of this title (relating to Hydrologic
					 Balance: Diversions). Adequate outlets for discharge from these diversions
					 shall be in accordance with §
											RSA
					 12.515 of this title (relating to Hydrologic
					 Balance: Discharge Structures). Diversions that are designed to divert drainage
					 from the upstream area away from the impoundment area shall be designed to
					 carry the peak runoff from a 100-year, 24-hour precipitation event. The
					 diversion shall be maintained to prevent blockage, and the discharges shall be
					 in accordance with §
											RSA
					 12.515 of this title (relating to Hydrologic
					 Balance: Discharge Structures). Sediment-control measures shall be provided at
					 the discharge of each diversion ditch before entry into natural watercourses in
					 accordance with §§12.509-12.511, 12.513, and 12.514 of this title
					 (relating to Hydrologic Balance: General Requirements, to Hydrologic Balance:
					 Water-Quality Standards and Effluent Limitations, to Hydrologic Balance:
					 Diversions, to Hydrologic Balance: Sediment Control Measures, and to Hydrologic
					 Balance:Siltation Structures).
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 12.545 - Coal Mine Waste: Dams and Embankments: Design and Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) The design of
					 each dam and embankment constructed of coal mine waste or intended to impound
					 such waste shall comply with the requirements of §
											RSA
					 12.517<subdiv>(a) and
					 (c)</subdiv> of this title (relating to
					 Hydrologic Balance: Permanent and Temporary Impoundments), modified as follows:
(1) the design freeboard between the lowest
					 point on the embankment crest and the maximum water elevation shall be at least
					 3 feet. The maximum water elevation shall be that determined by the freeboard
					 hydrograph criteria contained in the U.S. Natural Resources Conservation
					 Service criteria referenced in §
												RSA
					 12.517 of this title (relating to Hydrologic
					 Balance: Permanent and Temporary Impoundments);
(2) the dam and embankment shall have a
					 minimum safety factor of 1.5 for the partial pool with steady seepage
					 saturation conditions, and the seismic safety factor shall be at least 1.2;
					 and
(3) the dam or embankment
					 foundation and abutments shall be designed to be stable under all conditions of
					 construction and operation of the impoundment. Sufficient foundation
					 investigations and laboratory testing shall be performed to determine the
					 safety factors of the dam or embankment for all loading conditions appearing in
					 paragraph (2) of this subsection or the publications referred to in §
												RSA
					 12.517 of this title (relating to Hydrologic
					 Balance: Permanent and Temporary Impoundments), and for all increments of
					 construction.
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 12.548 - Slides And Other Damage

Current through Reg. 49, No. 28; July 12, 2024
At any time a slide occurs which may have a potential
						adverse effect on public property, health, safety, or the environment, the
						person who conducts the underground mining activities shall notify the
						Commission by the fastest available means and comply with any remedial measures
						required by the Commission.
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 12.549 - Pipelines

Current through Reg. 49, No. 28; July 12, 2024
With respect to pipelines transmitting crude oil, liquid
						petroleum, natural gas, toxic or flammable substances:
(1) identify and describe pipelines located
					 in the permit area, and within 100 feet thereof, in the application for a
					 surface mining permit;
(2) visibly
					 mark the location of pipelines at 200 foot intervals throughout the permit
					 area;
(3) ensure a minimum of six
					 feet of compacted material between the pipeline and any haul road or access
					 road within the permit area which crosses over it;
(4) not create a cut within 100 feet or one
					 times the depth of the cut (whichever is greater) of any pipeline;
(5) conduct blasting operations in accordance
					 with state and federal laws; but, in no case shall blasting be conducted within
					 500 feet of a pipeline;
(6) comply
					 with Railroad Commission of Texas Pipeline Safety Rules (16 Texas
					 Administrative Code, Chapter 8) and 49 CFR 191, 192, and 199; and
(7) at the discretion of the Commission,
					 variances to paragraphs (2)-(5) of this section may be granted by the
					 Commission. Variances to paragraphs (3)-(5) of this section will be granted if,
					 in the opinion of the Commission, the structural integrity of the pipeline will
					 be maintained and if agreed to by the owner of the pipeline.
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 12.550 - Contemporaneous Reclamation

Current through Reg. 49, No. 28; July 12, 2024
Reclamation efforts, including, but not limited to,
						backfilling, grading, topsoil replacement and revegetation, of all areas
						affected by surface operations shall occur as contemporaneously as practicable
						with mining operations.
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 12.551 - Backfilling and Grading: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Timing. Surface areas disturbed incident
					 to underground mining activities shall be backfilled and graded in accordance
					 with the time schedule approved by the Commission as a condition of the
					 permit.
(b) Backfilling and
					 grading.
(1) All areas affected by surface
					 operations shall be returned to approximate original contour. All spoil shall
					 be transported, backfilled, and compacted (where advisable to ensure stability
					 or to prevent leaching) and graded to eliminate all highwalls, spoil piles, and
					 depressions.
(2) Backfilled
					 material shall be placed to minimize erosion, to minimize water pollution both
					 on and off the site, and to support the approved postmining land use.
(3) The postmining graded slopes need not be
					 uniform.
(4) Cut-and-fill terraces
					 may be used only in those situations expressly identified in §
												RSA
					 12.552<subdiv>(b)</subdiv> of
					 this title (relating to Backfilling and Grading: General Grading
					 Requirements).
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 12.552 - Backfilling and Grading: General Grading Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The final graded slopes shall not exceed
					 in grade either the approximate premining slopes, or any lesser slopes approved
					 by the Commission based on consideration of soil, climate, or other
					 characteristics of the surrounding area. Postmining final graded slopes need
					 not be uniform but shall approximate the general nature of the premining
					 topography. The person who conducts underground mining activities shall, at a
					 minimum:
(1) retain all overburden and spoil
					 on the solid portion of existing or new benches; and
(2) backfill and grade to the most moderate
					 slope possible, to eliminate the highwall which does not exceed either the
					 angle of repose or such lesser slope as is necessary to achieve a minimum
					 static safety factor of 1.3. In all cases the highwall shall be
					 eliminated.
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 12.553 - Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials

Current through Reg. 49, No. 28; July 12, 2024
(a) Cover.
(1) A person who conducts underground mining
					 activities shall cover, with a minimum of 4 feet of the best available
					 non-toxic and non-combustible material, all exposed coal seams remaining after
					 mining and all acid-forming materials, toxic-forming materials, combustible
					 materials, or any other materials identified by the Commission as exposed,
					 used, or produced during mining.
(2) If necessary, these materials shall be
					 treated to neutralize toxicity, in order to prevent water pollution and
					 sustained combustion and minimize adverse effects on plant growth and land
					 uses.
(3) Where necessary to
					 protect against upward migration of salts, exposure by erosion, to provide an
					 adequate depth for plant growth, or to otherwise meet local conditions, the
					 Commission shall specify thicker amounts of cover using non-toxic
					 material.
(4) Acid-forming or
					 toxic-forming material shall not be buried or stored in proximity to a drainage
					 course so as to cause or pose a threat of water pollution.
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 12.554 - Stabilization of Surface Areas for Underground Mining

Current through Reg. 49, No. 28; July 12, 2024
(a) All exposed surface areas shall be
					 protected and stabilized to effectively control erosion and air pollution
					 attendant to erosion.
(b) Rills and
					 gullies which form in areas that have been regraded and topsoiled and which
					 either disrupt the approved postmining land use or the reestablishment of the
					 vegetative cover or cause or contribute to a violation of water-quality
					 standards for receiving streams shall be filled, regraded, or otherwise
					 stabilized. Topsoil shall be replaced and the areas shall be reseeded or
					 replanted.
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 12.555 - Revegetation: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The permittee shall establish on regraded areas and on all other disturbed
					 areas except water areas and surface areas of roads that are approved as part
					 of the postmining land use, a vegetative cover that is in accordance with the
					 approved permit and reclamation plan and that is:
(1) diverse, effective, and
					 permanent;
(2) comprised of species
					 native to the area, or of introduced species where desirable and necessary to
					 achieve the approved postmining land use and approved by the
					 Commission;
(3) at least equal in
					 extent of cover to the natural vegetation of the area; and
(4) capable of stabilizing the soil surface
					 from erosion.
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 12.556 - Revegetation: Use of Introduced Species

Current through Reg. 49, No. 28; July 12, 2024
Introduced species may be used if approved by the
						Commission under the following conditions:
(1) after appropriate field trials have
					 demonstrated that the introduced species can establish a diverse, effective,
					 and permanent cover capable of achieving the approved postmining land
					 use;
(2) the species are necessary
					 to achieve a quick, temporary, and stabilizing cover that aids in controlling
					 erosion; and measures to establish permanent vegetation are included in the
					 approved plan;
(3) the species are
					 compatible with the plant and animal species of the region; and
(4) the species meet the requirements of
					 applicable state and federal seed or introduced species statutes, and are not
					 poisonous or noxious.
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 12.557 - Revegetation: Timing

Current through Reg. 49, No. 28; July 12, 2024
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 a temporary cover of
						small grains, grasses, or legumes until a permanent cover is
						established.
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 12.558 - Revegetation: Mulching and Other Soil Stabilizing Practices

Current through Reg. 49, No. 28; July 12, 2024
(a) Suitable mulch or other soil stabilizing
					 practices shall be used on all regraded and topsoiled areas to control erosion,
					 to promote germination of seeds, or to increase the moisture retention of the
					 soil. The Commission may, on a case-by-case basis, suspend the requirement for
					 mulch if the permittee can demonstrate that alternative procedures will achieve
					 the requirements of §
											RSA
					 12.560 of this title (relating to
					 Revegetation: Standards for Success) and do not cause or contribute to air or
					 water pollution.
(b) Mulches shall
					 be mechanically or chemically anchored to the soil surface to assure effective
					 protection of the soil and vegetation when required by the
					 Commission.
(c) Annual grasses and
					 grains may be used alone, as in situ mulch, or in conjunction with another
					 mulch, when the Commission determines they will provide adequate soil erosion
					 control and will later be replaced by perennial species approved for the
					 postmining land use.
(d) Chemical
					 soil stabilizers alone or in combination with appropriate mulches may be used
					 in conjunction with vegetative covers approved for the postmining land
					 use.
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 12.559 - Revegetation: Grazing

Current through Reg. 49, No. 28; July 12, 2024
When the approved postmining land use is range or pasture
						land, the reclaimed land shall be used for livestock grazing at a grazing
						capacity approved by the Commission approximately equal to that for similar
						non-mined lands, for at least the last two full years of liability required
						under §
											RSA
						12.560<subdiv>(b)</subdiv> of
						this title (relating to Revegetation: Standards for Success).
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 12.560 - Revegetation: Standards for Success

Current through Reg. 49, No. 28; July 12, 2024
(a) Comparison to an established standard.
					 Success of revegetation shall be judged on the effectiveness of the vegetation
					 for the approved postmining land use, the extent of cover compared to the cover
					 occurring in natural vegetation of the area, and the general requirements of
					 §
											RSA
					 12.555 and §
											RSA
					 12.556 of this title (relating to
					 Revegetation: General Requirements; and Revegetation: Use of Introduced
					 Species).
(1) Standards for success and
					 statistically valid sampling techniques for measuring success shall be selected
					 by the Commission.
(2) Standards
					 for success shall include criteria representative of unmined lands in the area
					 being reclaimed to evaluate the appropriate vegetation parameters of ground
					 cover, production, or stocking. Ground cover, production, or stocking shall be
					 considered equal to the approved success standard when they are not less than
					 90% of the success standard. The sampling techniques for measuring success
					 shall use a 90% statistical confidence interval (i.e., one-sided test with a
					 0.10 alpha error).
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 12.562 - Subsidence Control: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Underground mining activities shall be
					 planned and conducted so as to prevent subsidence from causing material damage
					 to the surface, to the extent technologically and economically feasible, and so
					 as to maintain the value and reasonably foreseeable use of surface lands. This
					 may be accomplished by leaving adequate coal in place, backfilling, or other
					 measures to support the surface, or by conducting underground mining in a
					 manner that provides for planned and controlled subsidence. Nothing in this
					 chapter (relating to Coal Mining Regulations) shall be construed to prohibit
					 the standard method of room and pillar mining.
(b) The person engaged in underground mining
					 activities shall comply with all provisions of the subsidence-control plan
					 prepared pursuant to §
											RSA
					 12.194 of this title (relating to Subsidence
					 Control Plan) and approved by the Commission.
(c) Within a schedule approved by the
					 Commission, the operator shall submit a detailed plan of the underground
					 workings. The detailed plan shall include maps and descriptions, as
					 appropriate, of significant features of the underground mine, including the
					 size, configuration, and approximate location of pillars and entries,
					 extraction ratios, measures taken to prevent or minimize subsidence and related
					 damage, areas of full extraction, and other information required by the
					 Commission. Upon request of the operator, information submitted with the
					 detailed plan may be held as confidential, in accordance with the requirements
					 of this chapter (relating to Coal Mining Regulations).
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 12.563 - Subsidence Control: Public Notice

Current through Reg. 49, No. 28; July 12, 2024
The mining schedule shall be distributed by mail to all
						owners of property and residents within the area above the underground workings
						and adjacent areas. Each such person shall be notified by mail at least six
						months prior to mining beneath his or her property or residence. The
						notification shall contain, as a minimum:
(1) identification of specific areas in which
					 mining will take place;
(2) dates
					 of mining activities that could cause subsidence and affect specific
					 structures; and
(3) measures to be
					 taken to prevent or control adverse surface effects.
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 12.564 - Subsidence Control: Surface-Owner Protection

Current through Reg. 49, No. 28; July 12, 2024
(a) Each person who conducts underground
					 mining activities shall adopt all measures approved by the Commission under
					 §
											RSA
					 12.194 of this title (relating to Subsidence
					 Control Plan) to reduce the likelihood of subsidence, to prevent
					 subsidence-causing material damage or reducing the value or reasonably
					 foreseeable use of surface lands, and to mitigate the effects of any such
					 damage or reduction which may occur.
(b) Each person who conducts underground
					 mining which results in subsidence that causes material damage or reduces the
					 value or reasonably foreseeable use of the surface lands shall, with respect to
					 each surface area affected by subsidence:
(1)
					 restore, rehabilitate, or remove and replace each damaged structure, feature or
					 value promptly after the damage is suffered, to the condition it would be in if
					 no subsidence had occurred, and restore the land to a condition capable of
					 supporting reasonably foreseeable uses it was capable of supporting before
					 subsidence; or
(2) purchase the
					 damaged structure or feature for its fair market, pre-subsidence value, and
					 shall promptly, after subsidence occurs, to the extent technologically and
					 economically feasible, restore the land surface to a condition capable of and
					 appropriate for supporting the purchased structure and other foreseeable uses
					 it was capable of supporting before mining. Nothing in this paragraph shall be
					 deemed to grant or authorize an exercise of the power of condemnation or the
					 right of eminent domain by any person engaged in underground mining activities;
					 or
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 12.565 - Subsidence Control: Buffer Zones

Current through Reg. 49, No. 28; July 12, 2024
(a) Underground mining activities shall not
					 be conducted beneath or adjacent to any perennial stream, or impoundment having
					 a storage volume of 20 acre-feet or more, unless the Commission, on the basis
					 of detailed subsurface information, determines that subsidence will not cause
					 material damage to streams, water bodies and associated structures. If
					 subsidence causes material damage, then measures will be taken to the extent
					 technologically and economically feasible to correct the damage and to prevent
					 additional subsidence from occurring.
(b) Underground mining activities beneath any
					 aquifer that serves as a significant source of water supply to any public water
					 system shall be conducted so as to avoid disruption of the aquifer and
					 consequent exchange of ground water between the aquifer and other strata. The
					 Commission may prohibit mining in the vicinity of the aquifer or may limit the
					 percentage of coal extraction to protect the aquifer and water
					 supply.
(c) Underground mining
					 activities shall not be conducted beneath or in close proximity to any public
					 buildings including, but not limited to, churches, schools, hospitals,
					 courthouses and government offices, unless the Commission, on the basis of
					 detailed subsurface information, determines that subsidence from those
					 activities will not cause material damage to these structures, and specifically
					 authorizes the mining activities.
(d) The Commission shall suspend underground
					 coal mining under urbanized areas, cities, towns, and communities, and adjacent
					 to industrial or commercial buildings, major impoundments or permanent streams,
					 if imminent danger is found to inhabitants of the urbanized areas, cities,
					 towns, or communities.
(e) If
					 subsidence causes material damage to any of the features or facilities covered
					 by this section, the Commission may suspend mining under or adjacent to such
					 features or facilities until the subsidence control plan is modified to ensure
					 prevention of further material damage to such features or facilities.
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 12.566 - Cessation of Operations: Temporary

Current through Reg. 49, No. 28; July 12, 2024
(a) Each person who conducts underground
					 mining activities shall effectively support and maintain all surface-access
					 openings to underground operations, and secure surface facilities in areas in
					 which there are no current operations but operations are to be resumed under an
					 approved permit. Temporary abandonment shall not relieve a person of his or her
					 obligation to comply with any provisions of the approved permit.
(b) Before temporary cessation of mining and
					 reclamation operations for a period of thirty days or more, or as soon as it is
					 known that a temporary cessation will extend beyond 30 days, each person who
					 conducts underground mining activities shall submit to the Commission a notice
					 of intention to cease or abandon operations. This notice shall include a
					 statement of the exact number of surface acres and the horizontal and vertical
					 extent of subsurface strata which have been in the permit area prior to
					 cessation or abandonment, the extent and kind of reclamation of surface area
					 which will have been accomplished, and identification of the backfilling,
					 regrading, revegetation, environmental monitoring, underground-opening closures
					 and water treatment activities that will continue during the temporary
					 cessation.
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 12.567 - Cessation of Operations: Permanent

Current through Reg. 49, No. 28; July 12, 2024
(a) The person who conducts underground
					 mining activities shall close or backfill or otherwise permanently reclaim all
					 affected areas, in accordance with this chapter (relating to Coal Mining
					 Regulations) and according to the permit approved by the Commission.
(b) All surface equipment, structures, or
					 other facilities not required for continued underground mining activities and
					 monitoring, unless approved as suitable for the postmining land use or
					 environmental monitoring, shall be removed and the affected lands
					 reclaimed.
(c) Persons who conduct
					 underground mining activities shall submit to the Commission a written notice
					 of intent to permanently cease and abandon mining operations as soon as the
					 intent is finalized.
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 12.568 - Postmining Land Use

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
					 Surface land areas affected by mining activities shall be restored in a timely
					 manner:
(1) to conditions that are capable of
					 supporting the uses which they were capable of supporting before any mining;
					 or
(2) to higher or better uses
					 achievable under criteria and procedures of this section.
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 12.569 - Roads: General

Current through Reg. 49, No. 28; July 12, 2024
(a) Road
					 classification system.
(1) Each road, as
					 defined in §
												RSA 12.3
					 of this title (relating to Definitions), shall be classified as either a
					 primary road or an ancillary road.
(2) A primary road is any road which is:
(A) used for transporting coal or
					 spoil;
(B) frequently used for
					 access or other purposes for a period in excess of six months; or
(C) to be retained for an approved postmining
					 land use.
(3) An
					 ancillary road is any road not classified as a primary road.