Texas Statutes
Subchapter E. Performance Standards
Section 134.095. Maintenance of Topsoil or Other Strata

Sec. 134.095. MAINTENANCE OF TOPSOIL OR OTHER STRATA. (a) The performance standards shall require that, if the topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, the operator shall maintain a successful cover by quick-growing plant or other means so that the topsoil:
(1) is preserved from wind and water erosion;
(2) remains free of contamination by other acid or toxic material; and
(3) is in a usable condition for sustaining vegetation when restored during reclamation.
(b) The performance standards shall require that, if topsoil is of insufficient quantity or of poor quality for sustaining vegetation requirements or if other strata can be shown to be more suitable for vegetation requirements, the operator shall remove, segregate, and preserve in the manner provided by Section 134.092(a)(5) and Subsection (a) the other strata that are best able to support vegetation.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.

Structure Texas Statutes

Texas Statutes

Natural Resources Code

Title 4 - Mines and Mining

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 134.097. Removal, Storage, and Replacement of Soil and Overburden Without Regard to Soil Horizons

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

Section 134.110. Water Supply Replacement