Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 11 - SURFACE MINING AND RECLAMATION DIVISION › Subchapter C - SUBSTANTIVE RULES - URANIUM EXPLORATION AND SURFACE MINING › Division 6 - URANIUM SURFACE MINING RECLAMATION › Section 11.152 - Surface Mining Reclamation Standards

Current through Reg. 49, No. 28; July 12, 2024
The operator of all surface mining and reclamation
						operations not otherwise exempted or excluded shall as a minimum:
(1) conduct surface mining operations in a
					 manner consistent with prudent mining practice, so as to maximize the
					 utilization and conservation of the resource being recovered so that
					 reaffecting the land in the future through surface mining can be
					 minimized;
(2) restore the land
					 affected to the same or a substantially beneficial condition considering the
					 present and past uses of the land, so long as condition does not present any
					 actual or probable hazard to public health or safety or pose an actual or
					 probable threat of water diminution or pollution, and the operator's declared
					 anticipated land use following reclamation is not deemed to be impractical or
					 unreasonable, to involve unreasonable delay in implementation, or to be
					 violative of federal, state, or local law; provided that a variety of
					 postmining land conditions which differ from the land condition immediately
					 preceding the surface mining operation, including but not limited to stock
					 ponds, fishing or recreational lakes, school or park sites, industrial,
					 commercial, or residential sites, or open space uses, may be approved by the
					 commission if the proposed condition is determined to be substantially
					 beneficial and complies with the provisions of this division (relating to
					 Uranium Surface Mining Reclamation);
(3) reduce all highwalls, spoil piles, and
					 banks to a slope sufficient to control erosion effectively and sufficient to
					 sustain vegetation, where required, consistent with the anticipated subsequent
					 use of the affected land;
(4)
					 stabilize and protect all surface areas affected by the mining and reclamation
					 operation effectively to control erosion and attendant air and water
					 pollution;
(5) remove the topsoil,
					 if any, from the land in a separate layer, replace it on the backfill area; or,
					 if not utilized immediately, segregate it in a separate pile from other spoil
					 and when the topsoil is not replaced on a backfill area within a time short
					 enough to avoid deterioration of the topsoil, maintain a successful cover by
					 quick growing plants or other means so that the topsoil is preserved from wind
					 and water erosion, remains free of any contamination by toxic material, and is
					 in a usable condition for sustaining vegetation when restored during
					 reclamation; except if topsoil is of insufficient quantity or of poor quality
					 for sustaining vegetation and if other strata can be shown to be as suitable
					 for vegetation requirements, then the operator shall remove, segregate, and
					 preserve in a like manner such other strata which is best able to support
					 vegetation; provided that the requirements of this paragraph shall not apply if
					 a mixing of strata can be shown to be equally suitable for revegetation
					 requirements;
(6) replace the
					 topsoil or the best available subsoil, if any, on top of the land to be
					 reclaimed;
(7) fill any auger holes
					 with an impervious material in order to prevent drainage;
(8) minimize the disturbances to the
					 prevailing hydrologic balance at the mine site and in associated offsite areas
					 and to the quality and quantity of water in surface and ground water systems
					 both during and after surface mining operations and during reclamation by:
(A) avoiding mine drainage by such measures
					 as, but not limited to:
(i) preventing or
					 removing water from contact with toxic-producing deposits;
(ii) treating drainage to reduce toxic
					 content; or
(iii) casing, sealing,
					 or otherwise managing boreholes, shafts, and wells to keep toxic drainage from
					 entering ground and surface waters;