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RULE §12.145Reclamation Plan: General Requirements for Surface Mining

(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 §§12.331-12.333 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.

Source Note: The provisions of this §12.145 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective September 14, 1999, 24 TexReg 7223

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