§ 131.101 — RECLAMATION PLAN.

Sec. 131.101. RECLAMATION PLAN. (a) A reclamation plan shall be developed in a manner consistent with local, physical, environmental, and climatological conditions and current mining and reclamation technologies.
(b) A reclamation plan submitted as part of a permit application shall include:
(1) the identification of the entire area to be mined and affected over the estimated life of the mining operation;
(2) the condition of the land to be covered by the permit prior to any mining, including:
(A) the uses existing at the time of the application, and if the land has a history of previous mining, the uses, if reasonably ascertainable, that immediately preceded any mining; and
(B) the capability of the land prior to any mining to support a variety of uses giving consideration to soil and foundation characteristics, topography, and vegetative cover;
(3) the capacity of the land to support its anticipated use following reclamation, including a discussion of the capacity of the reclaimed land to support alternative uses;
(4) a description of how the proposed postmining land condition is to be achieved and the necessary support activities that may be needed to achieve the condition, including an estimate of the cost per acre of the reclamation;
(5) the steps taken to comply with applicable air and water quality and water rights laws and regulations and any applicable health and safety standards, including copies of any pertinent permit applications;
(6) a general timetable that the operator estimates will be necessary for accomplishing the major events included in the reclamation plan; and
(7) other information the commission, by rule, determines to be reasonably necessary to effectuate the purposes of this chapter.
(c) The operator may revise or amend the reclamation plan at any time in accordance with the requirements of this code.

Legislative History

Acts 1977, 65th Leg., p. 2616, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.