(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, which shall promptly acknowledge its receipt to the permittee or lessee.
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 which 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 plans 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 geothermal energy and related resources;
(C) The prevailing industry standards; and
(D) The methods and standards employed by similar operations
in the same area as the state property.
(5) In evaluating all plan of operations except those on leases
issued under §155.44 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 §155.44 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 pre-operation
elevations, contours, and substrata should be required;
(H) Whether steep slopes that are subject to damaging erosion
should be modified to facilitate re-vegetation 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 waste water 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 water courses 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 Natural Resources Conservation Commission 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 solid 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 non-game.
(8) Preservation of existing vegetation shall be maximized
at all times.
(9) These provisions concerning roads do not apply to premises
leased under §155.44 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.
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