| (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. Cont'd... |
