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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 12COAL MINING REGULATIONS
SUBCHAPTER KPERMANENT PROGRAM PERFORMANCE STANDARDS
DIVISION 2PERMANENT PROGRAM PERFORMANCE STANDARDS--SURFACE MINING ACTIVITIES
RULE §12.336Topsoil: Storage

(a) Topsoil and other materials removed under §12.335 of this title (relating to Topsoil: Removal) shall be stockpiled only when it is impractical to promptly redistribute such materials on regraded areas.

(b) Stockpiled materials shall be selectively placed on a stable area within the permit area, not disturbed, and protected from wind and water erosion, unnecessary compaction, and contaminants which lessen the capability of the materials to support vegetation when redistributed.

  (1) Protection measures shall be accomplished either by:

    (A) an effective cover of non-noxious, quick-growing annual and perennial plants, seeded or planted during the first normal period after removal for favorable planting conditions; or

    (B) other methods demonstrated to and approved by the Commission to provide equal protection.

  (2) Unless approved by the Commission, stockpiled topsoil and other materials shall not be moved until required for redistribution on a regraded area.


Source Note: The provisions of this §12.336 adopted to be effective April 7, 1997, 22 TexReg 3093.

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