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 9 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.187 - Reclamation Plan: General Requirements for Underground Mining

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
					 application shall contain a plan for the reclamation of the lands within the
					 proposed permit area showing how the applicant will comply with
					 §§134.091-134.109 and §134.015 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
					 12.188-RSA
					 12.199 of this title (relating to Underground
					 Mining Permit Applications--Minimum Requirements for Reclamation and Operation
					 Plan).
(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 the
					 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
					 12.551-RSA
					 12.554 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, and to Stabilization of Surface Areas for Underground
					 Mining;
(4) a plan for removal,
					 storage, and redistribution of topsoil, subsoil, and other material to meet the
					 requirements of §§
												RSA
					 12.504-RSA
					 12.508 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 soils. 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
					 12.555-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), 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
					 12.560 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
					 12.525 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
					 12.542 and
					 RSA
					 12.553 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
					 §§12.501 of-12.503 of this title (relating to Casing and Sealing of
					 Exposed Underground Openings: General Requirements, to Casing and Sealing of
					 Underground Openings: Temporary, and to Casing and Sealing of Underground
					 Openings: 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.