Texas § 134.094 BACKFILLING, GRADING, AND COMPACTING: SUFFICIENT OVERBURDEN.

Texas Statutes

§ 134.094 — BACKFILLING, GRADING, AND COMPACTING: SUFFICIENT OVERBURDEN.

Texas § 134.094

Code NRNatural Resources Code

This text of Texas § 134.094 (BACKFILLING, GRADING, AND COMPACTING: SUFFICIENT OVERBURDEN.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Natural Resources Code Code Ann. § 134.094 (2026).

Text

Sec. 134.094. BACKFILLING, GRADING, AND COMPACTING: SUFFICIENT OVERBURDEN.

(a)This section applies to a surface coal mining operation:

(1)in which the volume of overburden is large relative to the thickness of the coal deposit; and

(2)for which the operator demonstrates that because of volumetric expansion the amount of overburden and other spoil and waste materials removed in the course of the mining operation is more than sufficient to restore the approximate original contour.

(b)Notwithstanding Section 134.092 (a)(3), the operator shall, after restoring the approximate contour, backfill, grade, and compact, where advisable, the excess overburden and other spoil and waste materials to attain the lowest grade but not more than the angle of repose and to cover the acid-forming and othe

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Sec. 134.094. BACKFILLING, GRADING, AND COMPACTING: SUFFICIENT OVERBURDEN. (a) This section applies to a surface coal mining operation:
(1) in which the volume of overburden is large relative to the thickness of the coal deposit; and
(2) for which the operator demonstrates that because of volumetric expansion the amount of overburden and other spoil and waste materials removed in the course of the mining operation is more than sufficient to restore the approximate original contour.
(b) Notwithstanding Section 134.092 (a)(3), the operator shall, after restoring the approximate contour, backfill, grade, and compact, where advisable, the excess overburden and other spoil and waste materials to attain the lowest grade but not more than the angle of repose and to cover the acid-forming and other toxic materials in order to achieve an ecologically sound land use compatible with the surrounding region. The overburden or spoil shall be shaped and graded to prevent slides, erosion, and water pollution and shall be revegetated in accordance with this chapter.