Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 1 - GENERAL LAND OFFICE
Chapter 10 - EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS
Section 10.7 - Conduct of Exploration and Mining Operations
Universal Citation: 31 TX Admin Code ยง 10.7
Current through Reg. 49, No. 38; September 20, 2024
(a) Purpose and scope.
(1) It is the intent of this section to set
minimum standards of conduct for lessees or permittees on state properties
leased or permitted under this chapter. These minimum standards cover several
types of state property, many different minerals, a wide range of mining
techniques, dramatically different kinds of terrain and many different
locations of varying value throughout the state. To provide the flexibility to
accommodate these differences:
(A) the GLO
has and will continue to include specific and express restrictions and
standards concerning exploration and development of its minerals in each lease
it negotiates and in each plan of operations it approves;
(B) if the minimum standards of conduct in
this section conflict with express provisions in a lease form or in an approved
plan of operations, then the express provisions will control; and
(C) the commissioner may grant, in accordance
with the law, written exceptions to the minimum standards and procedural rules
found in this section if the commissioner makes a written determination that
such exceptions are in the best interests of the PSF.
(2) This section shall not apply to leases
executed prior to March 22, 1989, unless the lease specifically requires a plan
of operations. Holders of active permits shall be required to comply with the
provisions of this section regardless of the date of issue.
(3) This section shall not apply to mining
operations for coal, lignite, and uranium because such operations are regulated
by the RRC. However, as a mineral owner, the GLO may need information that is
not required by or submitted to the RRC. Consequently, the GLO reserves the
right to request additional information on coal, lignite, and uranium
operations. If additional information is needed, the GLO will notify the lessee
or permittee in writing.
(4) This
section references regulatory statutes and the rules and regulations of
regulatory agencies which govern mineral development on state lands. By such
references the GLO does not intend to usurp authority or substitute its
judgment for that of the other agencies. These references are included to put
permittees and lessees on notice that state lands are not exempt from such
regulation, including all relevant environmental safeguards.
(5) If any provision of this section
conflicts with state or federal statutes, regulations, or rules of the RRC,
Texas Commission on Environmental Quality, Environmental Protection Agency, or
Texas Water Development Board, then such other statutes, regulations, or rules
shall control.
(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Lease--A mining lease issued under §
10.3
of this title (relating to Mining Leases on Properties Subject to Prospect),
§
10.4
of this title (relating to Exploration and Mining Leases for Minerals Subject
to Sealed Bid), or §
10.5
of this title (relating to Mining Leases on Relinquishment Act
Lands).
(2) Lessee--The initial
holder of a valid lease or a successor, assignee, devisee, or heir who acquires
any right of the initial holder.
(3) Operations--Any activities other than
reconnaissance activities, associated with mineral exploration or development
that require substantially disturbing or destroying the surface or subsurface
of the leased or permitted areas. Operations shall include drilling test holes
or core holes; excavating test pits; moving heavy machinery over the leased or
permitted area; sinking shafts; and extracting, storing, processing, and
shipping minerals.
(4) Operator--A
permittee or lessee or any employee, agent, servant, contractor, or
subcontractor of either a permittee or lessee.
(5) Permit--A prospect permit issued by the
commissioner under §
10.2
of this title (relating to Prospect Permits on State Lands) or an exploration
permit issued by the commissioner under §
10.4
of this title (relating to Exploration and Mining Leases for Minerals Subject
to Sealed Bid).
(6) Permittee--The
initial holder of a valid prospect or exploration permit or a successor,
assignee, devisee, or heir who acquires any right of a permittee.
(7) Premises--Any state property subject to a
lease or to a permit.
(8)
Reconnaissance activities--Hand sampling, geologic mapping, surveying, and
other activities which do not significantly impact the surface and which are
necessary to gather data to formulate the plan of operations.
(9) TPWD lands--(As used in this section
only) premises whose surface is owned or leased by TPWD or is subject to a
conservation easement in favor of TPWD.
(c) Overview of exploration and mining procedures.
(1) Reconnaissance activities.
After a permit or lease has been granted for exploration and development of the
premises, an operator may begin reconnaissance activities. The permits or
leases may contain rules and restrictions on reconnaissance activities. In
conducting reconnaissance activities on state premises, an operator shall also
comply with the rules found in subsection (f) of this section. In conducting
reconnaissance activities on TPWD lands, an operator shall comply with
additional rules found in subsection (g) of this section.
(2) Operations.
(A) Before an operator may commence
operations on any premises, the permittee or lessee of those premises must
submit an initial plan of operations to the GLO. Information required to be
included in an initial plan will be controlled by the type of state property
involved. If operations extend over several state properties, the permittee or
lessee may submit one unified plan of operations. No operations may commence
until such a plan of operations has been filed with the GLO in accordance with
subsection (d) of this section and approved by the GLO in accordance with
subsection (e) of this section.
(B)
The initial plan of operations shall include all reasonably foreseeable
exploration, extraction, mining, and processing activities. Whenever the
permittee or lessee wishes to undertake activities beyond the scope of the
initial plan of operations, a supplemental plan must be filed with the GLO.
Whenever the permittee or lessee wishes to change any activity found in an
approved plan, an amended plan must be filed with the GLO. An amended or
supplemental plan of operation shall have the same requirements and be subject
to the same approval process as the initial plan.
(C) Operations must be conducted in
accordance with an approved plan of operations and also with the rules found in
subsection (f) of this section.
(D)
Failure to submit a plan before conducting operations, to submit a supplemental
or amended plan before conducting additional or different operations, or to
conduct operations on the premises in compliance with the approved plan of
operations or these rules shall subject the permit or lease to
forfeiture.
(d) Content of plan of operations.
(1) For state property permitted or leased
under this chapter, the plan of operations must include the following:
(A) the name and legal mailing address of the
permittee or lessee and of any operators who will be on the premises;
(B) a 7 1/2 minute USGS topographic map
showing:
(i) information sufficient to locate
the proposed areas of operations on the ground;
(ii) existing and/or proposed roads or access
routes to be used in connection with the operations; and
(iii) the approximate location and size of
any other areas where surface resources or improvements might be
disturbed;
(C)
information sufficient to describe or identify:
(i) the precise nature and extent of all
proposed operations including all prospecting/exploration activities and all
mining/processing activities; and
(ii) the period during which each proposed
activity will take place;
(D) if the permittee or lessee proposes to
commingle minerals produced under the permit or lease with privately-owned
minerals or with other state-owned minerals:
(i) a specification of the proposed manner of
commingling; and
(ii) a comparison
of the quality of ore produced under the lease or permit to the quality of the
ore with which it will be commingled;
(E) if subsurface excavation is planned, a
statement of what possible effect such excavations could have on water, as
defined by Texas Civil Statutes, Article 8866, §1(11) (Vernon,
1989).
(2) For state
property permitted or leased under this chapter, except property leased under
§
10.5
of this title (relating to Mining Leases on Relinquishment Act Lands), the plan
of operations must also include the following:
(A) type, design, and location of existing
and proposed roads or access routes;
(B) transportation equipment and other heavy
equipment to be used on the premises;
(C) measures to be taken to protect and
preserve environmental resources;
(D) a statement of whether operations are
planned on steep slopes that may be subject to erosion and specific plans to
control erosion, the flow of run-off water, landslides, and drainage;
(E) a specification of what reclamation
efforts will be undertaken to minimize the impact of operations on the surface,
including vegetation, topsoil, wildlife habitats, caused by
operations.
(3) For TPWD
lands, the plan of operations must also include the following:
(A) a statement of whether any of the
drilling muds and fluids proposed to be used are toxic to fish or
wildlife;
(B) a listing of all
known natural historic and prehistoric resources, archeological resources, and
biological resources (including vegetation, fish, and animal life, especially
endangered plants and wildlife) found on the premises; and
(C) specific plans to remove toxic materials,
and to rehabilitate fisheries, wildlife habitats, and vegetation.
(e) Requirements for approval of plan of operations.
(1) The
proposed plan of operation shall be submitted to the GLO. GLO staff will
analyze the proposal and, if necessary, inspect the premises. In order to
evaluate the plan, the GLO staff may require additional information from the
lessee or permittee. Within 90 days after the GLO receives both a plan and any
requested additional information, the GLO shall:
(A) notify permittee or lessee that the plan
of operations has been approved; or
(B) notify the permittee or lessee of the
necessary additions and/or changes to the plan with are required for
approval.
(2) The GLO
may require a permittee or lessee to furnish a bond as a condition to approval
of a plan of operations but only if the lease or permit has reserved this right
to the GLO. The performance bond shall be in an amount to be determined by and
forfeitable to the GLO as a guarantee for the strict performance of reclamation
obligations found in the plan of operations. In determining the amount of the
bond, consideration shall be given to the estimated cost of reclaiming the land
to the condition it would have been in had the plan of operations or the
regulations been strictly followed.
(3) If subsurface excavations are involved,
the commissioner will issue a finding in the approved plan of operations as to
whether such excavations will affect water as defined by Texas Civil Statutes,
Article 8866, §1(11) (Vernon, 1989).
(4) In evaluating all plan of operations, the
GLO will consider the following factors:
(A)
the general economics of the operations;
(B) the reasonableness and effectiveness of
the plans to develop the state's minerals;
(C) the prevailing industry standards for the
type of mineral development or mining technique used; and
(D) the methods and standards employed by
similar mining operations in the same area as the state property.
(5) In evaluating all plan of
operations except those on leases issued under §
10.5
of this title (relating to Mining Leases on Relinquishment Act Lands) the GLO
will also consider:
(A) the reasonableness of
the provisions made for surface resource protection; and
(B) the value and uses of the surface of the
state property.
(6) In
evaluating plan of operations covering lands leased under §
10.5
of this title (relating to Mining Leases on Relinquishment Act Lands), the GLO
will not evaluate the impact of operations on the surface but it will evaluate
such plans based upon its interests as a mineral owner.
(7) In evaluating all plan of operations
covering TPWD lands, the GLO will also consider:
(A) whether sites and roadways should be
adjusted and realigned to avoid significant disturbance of biological,
archeological, or aesthetic features;
(B) whether the methods for disposing of
vegetation which must be cleared and for disposing of topsoil are
adequate;
(C) whether proposed
drilling muds and fluids should be changed to require use of those muds and
fluids that are not toxic to fish or wildlife;
(D) whether permittee or lessee should be
required to take action to mitigate any unavoidable impacts to fish and
wildlife resources and habitat caused by operations;
(E) whether slope stabilization should be
required during operations;
(F)
whether security fencing to protect the public from hazardous sites or
conditions should be required;
(G)
whether full restoration, including spreading of topsoil stockpile, of all
areas disturbed during permitted activity to preoperation elevations, contours,
and substrata should be required;
(H) whether steep slopes which are subject to
damaging erosion should be modified to facilitate revegetation and prevent
erosion;
(I) whether replanting of
disturbed native vegetation should be required; and
(J) whether seeding and mulching plans should
be modified so that different materials are used or applied at different rates
or times.
(f) Minimum standards of conduct on state premises.
(1) These minimum standards of conduct will
apply whenever a lessee, permittee, or other operator is on state premises even
if only reconnaissance activities are taking place.
(2) All activities shall be conducted so as
to minimize adverse environmental impact on surface resources.
(3) Operator shall comply with applicable
federal and state air quality standards and emission permit
requirements.
(4) Operator shall
comply with applicable federal and state water quality standards and wastewater
discharge permit requirements and federal permitting requirements applicable to
disturbance of wetlands, watercourses, and flood plains. Operator shall in its
construction activities, to the greatest extent possible, avoid disturbance
within natural watercourses and their immediate flood plains. Operator shall
use only so much of underground water as may be reasonably necessary. If
water-bearing strata or underground aquifers are encountered during drilling
activities, shaft construction, or subsurface excavation, measures shall be
taken by the operator to prevent pollution of such underground water sources.
Operator shall comply with all applicable Texas Commission on Environmental
Quality and RRC rules for the protection of usable quality water within the
premises.
(5) Operator shall comply
with applicable federal and state standards for the disposal and treatment of
all hazardous materials and all solid and liquid wastes. All garbage, refuse,
or trash shall either be removed from premises or disposed of, or treated so as
to minimize, so far as practicable, its impact on the environment and surface
resources. All waste rock, deleterious materials or substances and other waste
produced by operations shall be deployed, arranged, disposed of, or treated in
accordance with federal and state requirements and so as to minimize adverse
impact upon the environment and surface resources.
(6) Operator shall comply with the National
Historical Preservation Act of 1966,
16 United States Code
§470 (1985 and Supplement 1988) and the
Antiquities Code of Texas, Title 9, Chapter 191, Texas Natural Resources Code,
where applicable.
(7) Operator
shall comply with the United States Endangered Species Act of 1973,
16
United States Code §§1531 -
1543
(1985 and Supplement 1988) and the Texas Parks and Wildlife Code, Chapters 67,
68, and 88, which relate to endangered plants or wildlife and protected
nongame.
(8) Preservation of
existing vegetation shall be maximized at all times.
(9) These provisions concerning roads do not
apply to premises leased under §
10.5
of this title (relating to Mining leases on Relinquishment Act Lands). Operator
shall, if possible, use existing roadways for access to and across the
premises. Operator must justify construction of new roads by demonstrating that
there is no feasible and prudent alternative. Operator shall construct and
maintain all roads so as to assure adequate drainage and to minimize damage to
soil, water, and other natural resources. Roads utilized shall be left in as
good a condition as they were prior to use by operator.
(10) During all operations the operator shall
maintain structures, equipment, and other facilities in a safe, neat, and
workmanlike manner. Hazardous or dangerous sites or conditions resulting from
operations shall be fenced, marked by signs, or otherwise identified to protect
the public in accordance with all state and federal laws and
regulations.
(11) Unless the RRC
regulates reclamation efforts or unless a written notification to the GLO under
subsection (h)(1) of this section states otherwise, permittee or lessee shall
reclaim the surface as specified in the plan of operations within six months of
the expiration of the permit or lease.
(g) Minimum standards of conduct on TPWD lands.
(1) Operators on premises whose
surface is owned, or leased by TPWD or is subject to a conservation easement in
favor of TPWD are also subject to the additional regulations found in this
subsection.
(A) Operator is subject to all
TPWD rules in effect for the park or wildlife management area on which
operations are conducted to the extent that the park or management area rules
are not inconsistent with rules or regulations found in this section or with
the reasonable development of PSF minerals.
(B) No operations shall be commenced without
notification of the park superintendent or area manager 48 hours in advance of
entering TPWD premises. Permittee or lessee shall allow only those operators
that are necessary for operations to access the TPWD premises.
(C) No firearms or archery equipment shall be
permitted at any time on TPWD lands by any operator. Permittee or lessee shall
be liable for any taking of fish, wildlife, plants, or archeological resources
by any operator.
(D) Unless an
approved plan of operations provides otherwise, no materials required for
construction of roads shall be taken or borrowed from TPWD lands. There shall
be no vehicular travel off existing roads during wet weather. Where travel is
permitted by drilling buggies and water wagons, such vehicles shall use high
flotation tires.
(E) Operator shall
permanently stake limits of proposed access roads on the ground a minimum of 30
days prior to and throughout actual operations or other activities. Each access
road is subject to review and approval by the GLO. The area disturbed during
construction activity shall be strictly minimized. Access roads shall not
exceed 30 feet in width and operator shall use existing roads whenever
possible.
(F) The following rules
apply to new roads constructed by or improved and used by operator unless
otherwise requested by TPWD and approved by the GLO in a plan of operations.
(i) Roads no longer needed for operations
shall be closed to normal vehicular traffic.
(ii) Bridges and culverts shall be
removed.
(iii) Cross-drains, dips,
or water bars shall be constructed.
(iv) The road surface shall be shaped to as
near a natural contour as practicable and be stabilized.
(G) If a diversion between all drilling or
excavation sites, pads, and all upslope areas is required in an approved plan
of operations, the diversion shall be constructed with a flared outlet
stabilized by rock or other grade stabilization structures as necessary to
prevent erosion. Drilling sites should be sloped with a minimum grade 0.3-0.5%
to drain into such diversions so the run-off does not flow over the fill area.
Sediment shall be cleaned out of diversion and properly disposed of
periodically. A temporary straw bale barrier containing no noxious weed shall
be constructed along the base of the drill site where it follows a natural
water course. A temporary bale barrier shall be established immediately after
the drill site is constructed to prevent erosion while side slopes are being
stabilized. The bale barrier must be maintained, sediment removed and bales
replaced. Sedimentation on areas adjacent to the drill or excavation site shall
be minimized. Topsoil to a maximum depth not to exceed 18 inches shall be
stockpiled on the upslope edge of each drill or excavation site and separated
from upslope run-off by a diversion, or with other erosion control as
necessary.
(H) Unless an approved
plan of operation states otherwise, no explosives shall be used within 750 feet
of any building, utilities, or water well or within 1, 000 feet of any water
retention structures. All proposed use of explosives shall be specifically
described in an approved plan of operations.
(I) Restoration of the disturbed area to
approximate original contours and revegetation with appropriate native
vegetation may be required.
(J)
Operator shall, at all times, keep lands under permit or lease, access roads,
and prospect sites free of trash and litter generated by operations. No
vegetation or topsoil shall be pushed, windrowed, or abandoned except in
preparation for disposal by means approved by the GLO in the plan of
operations. Operator shall keep muds, cuttings, and all other fluids, including
all contaminants and saline fluids, in tanks or containers for removal from the
site. All drilling muds and fluids shall be water-based and nontoxic to fish
and wildlife; provided, however, that other drilling muds and fluids may be
used if, in the plan of operations, the GLO determines that there is no prudent
or feasible alternative. Soil-damaging petroleum and other chemicals shall be
hauled from the TPWD lands and disposed of lawfully. Dumping of any such
materials on TPWD lands is prohibited.
(K) Operator shall, to the extent
practicable, harmonize operations with scenic values through such measures as
the design and location of operating facilities, including roads and other
means of access, screening of operations by native vegetation, if possible, and
construction of structures and improvements which blend with the
landscape.
(L) In addition to
compliance with water quality and solid waste disposal standards required by
this section, operator shall take all practicable measures to maintain and
protect fisheries and wildlife habitat which may be affected by the
operations.
(M) Operator shall
comply with all applicable state and federal fire laws and regulations and
shall take all reasonable measures necessary to prevent and suppress fires in
the area of operations.
(2) As soon as the GLO receives a plan of
operations which covers TPWD lands and which supplies all the data required in
subsection (d) of this section, the GLO shall mail a copy of the plan of
operations to the TPWD for review and comment.
(3) TPWD must submit its comments, if any, to
the GLO within 30 days of TPWD's receipt of a plan of operations.
(4) Plan of operations on TPWD land may not
be approved until at least 30 days after the TPWD receives the plan of
operations. When the GLO approves a plan of operations on TPWD land, GLO will
send TPWD a copy of the approved plan on the day the plan is
approved.
(h) Completion of operations and abandonment of premises.
(1)
This subsection shall apply to all operations except those involving coal,
lignite, uranium, or uranium ore operations which are regulated by the
RRC.
(2) Within two weeks after all
operations and all reclamation activities addressed in the plan of operations
have been completed, permittee, or lessee shall send the GLO the following
information:
(A) date when operations
ceased;
(B) date when reclamation
activities ceased;
(C) problems
encountered during reclamation activities;
(D) success of reclamation efforts in
improving the surface condition;
(E) any additional reclamation activities
that permittee or lessee believes are necessary to restore or improve the
surface, vegetation, topsoil, or wildlife habitat;
(F) date on which any proposed additional
reclamation activities, if any, shall begin and end; and
(G) date on which the premises shall be ready
for initial GLO inspection.
(3) The GLO will inspect the premises to
verify that the reclamation required in the plan of operations has been
completed. If a performance bond guaranteeing reclamation has been required in
the plan of operations, it will be returned upon successful completion of
reclamation activities.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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