Sec. 134.097. REMOVAL, STORAGE, AND REPLACEMENT OF SOIL AND OVERBURDEN WITHOUT REGARD TO SOIL HORIZONS. (a) This section applies only to prime farmland to be mined and reclaimed.
(b) On proper documentation supporting the use of the mining technique to obtain crop yields equivalent to or higher than yields on surrounding nonmined soil of the same type, the commission may authorize the permit holder, without regard to soil horizons, to:
(1) remove the soil and overburden in one step;
(2) store the soil and overburden in one stockpile; and
(3) begin reclamation by replacing and grading the stockpile material.
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