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.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
Structure Texas Statutes
Chapter 134 - Texas Surface Coal Mining and Reclamation Act
Subchapter E. Performance Standards
Section 134.091. Operations Required to Meet Performance Standards
Section 134.092. Performance Standards
Section 134.093. Backfilling, Grading, and Compacting: Insufficient Overburden
Section 134.094. Backfilling, Grading, and Compacting: Sufficient Overburden
Section 134.095. Maintenance of Topsoil or Other Strata
Section 134.096. Specifications for Soil Removal, Storage, Replacement, and Reconstruction
Section 134.098. Prohibition on Augering
Section 134.099. Certification of Siltation Structure
Section 134.100. Proximity of Mine to Underground Mines: Exception
Section 134.101. Rules Regarding Use of Explosives
Section 134.102. Variance to Permit Underground Mining Operations Before Reclamation
Section 134.103. Use of Introduced Species for Revegetation
Section 134.104. Responsibility for Revegetation: Area of Low Precipitation
Section 134.105. Responsibility for Revegetation: Long-Term Intensive Agricultural Postmining Use
Section 134.106. Spoil Disposal
Section 134.107. Permit Without Regard to Requirement to Restore to Approximate Original Contour
Section 134.108. Steep Slope Surface Coal Mining
Section 134.109. Variance From Requirement to Restore Contour