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RULE §12.187Reclamation Plan: General Requirements for Underground Mining

(a) Each application shall contain a plan for the reclamation of the lands within the proposed permit area showing how the applicant will comply with §§134.091-134.109 and §134.015 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 §§12.188-12.199 of this title (relating to Underground Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan).

(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 the 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 §§12.551-12.554 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, and to Stabilization of Surface Areas for Underground Mining;

  (4) a plan for removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of §§12.504-12.508 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 soils. 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 §§12.555-12.560 of this title (relating to Revegetation: General Requirements, to Revegetation: Use of Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing Practices, to Revegetation: Grazing, 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 §12.560 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 §12.525 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 §§12.542 and 12.553 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 §§12.501-12.503 of this title (relating to Casing and Sealing of Exposed Underground Openings: General Requirements, to Casing and Sealing of Underground Openings: Temporary, and to Casing and Sealing of Underground Openings: 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 §12.187 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective September 14, 1999, 24 TexReg 7223

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