16 Tex. Admin. Code § 12.399 - Postmining Land Use
(a) General. All
affected areas shall be restored in a timely manner:
(1) to conditions that are capable of
supporting the uses which they were capable of supporting before any mining;
or
(2) to higher or better uses
achievable under criteria and procedures of this section.
(b) Determining premining use of land. The
premining uses of land to which the postmining land use is compared shall be
those uses which the land previously supported, if the land had not been
previously mined and had been properly managed.
(1) The postmining land use for land that has
been previously mined and not reclaimed shall be judged on the basis of the
highest and best use that can be achieved and is compatible with surrounding
areas.
(2) The postmining land use
for land that has received improper management shall be judged on the basis of
the premining use of surrounding lands that have received proper
management.
(3) If the premining
use of the land was changed within 5 years of the beginning of mining, the
comparison of postmining use to premining use shall include a comparison with
the historic use of the land as well as its use immediately preceding
mining.
(c) Alternative
land uses. Prior to the release of lands from the permit area in accordance
with §
12.313 of this title (relating to
Criteria and Schedule for Release of Performance Bond), the permit area shall
be restored, in a timely manner, either to conditions capable of supporting the
uses they were capable of supporting before any mining, or to conditions
capable of supporting approved alternative land uses. Alternative land uses may
be approved by the Commission after consultation with the landowner or the land
management agency having jurisdiction over the lands, if the following criteria
are met:
(1) the proposed postmining land use
is compatible with adjacent land use and, where applicable, with existing
local, state, or federal land-use policies and plans: A written statement of
the views of the authorities with statutory responsibilities for land use
policies and plans is submitted to the Commission within 60 days of notice by
the Commission and before surface mining activities begin. Any required
approval, including any necessary zoning or other changes required for land use
by local, state, or federal land-management agencies, is obtained and remains
valid throughout the surface mining activities;
(2) specific plans are prepared and submitted
to the Commission which show the feasibility of the postmining land use as
related to projected land-use trends and markets and that include a schedule
showing how the proposed use will be developed and achieved within a reasonable
time after mining and will be sustained. The Commission may require appropriate
demonstrations to show that the planned procedures are feasible, reasonable,
and integrated with mining and reclamation, and that the plans will result in
successful reclamation;
(3)
provision of any necessary public facilities is ensured as evidenced by letters
of commitment from parties other than the person who conducts surface mining
activities, as appropriate, to provide the public facilities in a manner
compatible with the plans submitted under §
12.147 of this title (relating to
Reclamation Plan: Postmining Land Uses). The letters shall be submitted to the
Commission before surface mining activities begin;
(4) specific and feasible plans are submitted
to the Commission which show that financing, attainment and maintenance of the
postmining land use are feasible and, if appropriate, are supported by letters
of commitment from parties other than the person who conducts the surface
mining activities;
(5) plans for
the postmining land use are designed under the general supervision of qualified
professional engineer, who will ensure that the plans conform to applicable
accepted standards for adequate land stability, drainage, vegetative cover, and
aesthetic design appropriate for the postmining use of the site;
(6) the proposed use will present neither
actual nor probable hazard to public health or safety, nor will it pose any
actual or probable threat of water flow-diminution or pollution;
(7) the use will not involve unreasonable
delays in reclamation;
(8)
necessary approval of measures to prevent or mitigate adverse effects on fish,
wildlife, and related environmental values and threatened or endangered plants
is obtained from the Commission and appropriate state and federal fish and
wildlife management agencies have been provided a 60-day period in which to
review the plan before surface mining activities begin; and
(9) proposals to change premining land uses
of range, fish and wildlife habitat, forestland, hayland, or pasture to a
postmining cropland use, where the cropland would require continuous
maintenance such as seeding, plowing, cultivation, fertilization, or other
similar practices to be practicable or to comply with applicable federal,
state, and local laws, are reviewed by the Commission to ensure that:
(A) there is a firm written commitment by the
person who conducts surface mining activities or by the landowner or land
manager to provide sufficient crop management after release of applicable
performance bonds under Subchapter J of this Chapter (relating to Bond and
Insurance Requirements for Surface Coal Mining and Reclamation Operations) and
§§
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 Soil Stabilizing
Practices, and to Revegetation: Standards for Success), to assure that the
proposed postmining cropland use remains practical and reasonable;
(B) there is sufficient water available and
committed to maintain crop production; and
(C) topsoil quality and depth are sufficient
to support the proposed use.
Notes
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