Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 6 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.145 - Reclamation Plan: General Requirements for Surface Mining

Current through Reg. 49, No. 28; July 12, 2024
(a) Each application shall contain a plan for
					 reclamation of the lands within the proposed permit area, showing how the
					 applicant will comply with §§134.091-134.109 of the Act and
					 Subchapter K of this chapter (relating to Permanent Program Performance
					 Standards). The plan shall include, at a minimum, all information required
					 under this section and §§
											RSA
					 12.146-RSA
					 12.154 of this title (relating to Reclamation
					 Plan: Protection of Hydrologic Balance, to Reclamation Plan: Postmining Land
					 Uses, to Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments,
					 to Reclamation Plan: Surface Mining Near Underground Mining, to Diversions, to
					 Protection of Public Parks and Historic Places, to Relocation or Use of Public
					 Roads, to Disposal of Excess Spoil, and to Road Systems and Support
					 Facilities).
(b) Each plan shall
					 contain the following information for the proposed permit area:
(1) a detailed timetable for the completion
					 of each major step in the reclamation plan;
(2) a detailed estimate of the cost of
					 reclamation of the proposed operations required to be covered by a performance
					 bond under Subchapter J of this chapter (relating to Bond and Insurance
					 Requirements for Surface Coal Mining and Reclamation Operations), with
					 supporting calculations for the estimates;
(3) a plan for backfilling, soil
					 stabilization, compacting, and grading, with contour maps or cross sections
					 that show the anticipated final surface configuration of the proposed permit
					 area, in accordance with §§
												RSA
					 12.384-RSA
					 12.389 of this title (relating to Backfilling
					 and Grading: General Requirements, to Backfilling and Grading: General Grading
					 Requirements, to Backfilling and Grading: Covering Coal and Acid- and Toxic-
					 Forming Materials, to Backfilling and Grading: Thin Overburden, to Backfilling
					 and Grading: Thick Overburden, and to Stabilization of Surface Areas for
					 Surface Mining;
(4) a plan for
					 removal, storage, and redistribution of topsoil, subsoil, and other material to
					 meet the requirements of §§
												RSA
					 12.334-RSA
					 12.338 of this title (relating to Topsoil:
					 General Requirements, to Topsoil: Removal, to Topsoil: Storage, to Topsoil:
					 Redistribution, and to Topsoil: Nutrients and Soil Amendments). A demonstration
					 of the suitability of topsoil substitutes or supplements under this chapter
					 (relating to Coal Mining Regulations) shall be based upon analysis of the
					 thickness of soil horizons, total depth, texture, percent coarse fragments, pH,
					 and areal extent of the different kinds of soil series. The Commission may
					 require other chemical and physical analyses, field-site trials, or greenhouse
					 tests if determined to be necessary or desirable to demonstrate the suitability
					 of topsoil substitutes or supplements;
(5) a plan for revegetation as required in
					 §§
												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), including, but not
					 limited to, descriptions of the:
(A) schedule
					 of revegetation;
(B) species and
					 amounts per acre of seeds and seedlings to be used;
(C) methods to be used in planting and
					 seeding;
(D) mulching
					 techniques;
(E) irrigation, if
					 appropriate, and pest- and disease-control measures, if any;
(F) measures proposed to be used to determine
					 the success of revegetation as required in §
													RSA
					 12.395 of this title (relating to
					 Revegetation: Standards for Success); and
(G) a soil testing plan for evaluation of the
					 results of topsoil handling and reclamation procedures related to
					 revegetation;
(6) a
					 description of the measures to be used to maximize the use and conservation of
					 the coal resource as required in §
												RSA
					 12.356 of this title (relating to Coal
					 Recovery);
(7) a description of
					 measures to be employed to ensure that all debris, acid-forming and
					 toxic-forming materials, and materials constituting a fire hazard are disposed
					 of in accordance with §§
												RSA
					 12.375 and
					 RSA
					 12.386 of this title (relating to Disposal of
					 Noncoal Wastes, and to Backfilling and Grading: Covering Coal and Acid- and
					 Toxic-Forming Materials) and a description of the contingency plans which have
					 been developed to preclude sustained combustion of such materials;
(8) a description, including appropriate
					 cross sections and maps, of the measures to be used to seal or manage mine
					 openings, and to plug, case, or manage exploration holes, other bore holes,
					 wells, and other openings within the proposed permit area, in accordance with
					 §§12.331 of-12.333 of this title (relating to Casing and Sealing of
					 Drilled Holes: General Requirements, to Casing and Sealing of Drilled Holes:
					 Temporary, and to Casing and Sealing of Drilled Holes: Permanent);
					 and
(9) a description of steps to
					 be taken to comply with the requirements of the Clean Air Act (RSA
					 7401 et seq.), the Clean Water Act
					 (RSA
					 1251 et seq.), and other applicable air- and
					 water-quality laws and regulations and health and safety standards.