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
Universal Citation: 16 TX Admin Code § 12.145
Current through Reg. 50, No. 13; March 28, 2025
(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 §§ 12.146-12.154 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 §§
12.384-12.389 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 §§
12.334-12.338 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
§§
12.390-12.393 and
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 §
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 §
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 §§
12.375 and
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
(42 U.S.C.
7401 et seq.), the Clean Water Act
(33 U.S.C.
1251 et seq.), and other applicable air- and
water-quality laws and regulations and health and safety standards.
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