SECTION 12.327. Performance Standards for Coal Exploration

(a) Habitats of unique or unusually high value for fish, wildlife, and other related environmental values and critical habitats of threatened or endangered species identified pursuant to the Endangered Species Act of 1973 (16 USC 1531 et seq.) shall not be disturbed during coal exploration.

(b) The person who conducts coal exploration shall, to the extent practicable, measure important environmental characteristics of the exploration area during the operations, to minimize environmental damage to the area and to provide supportive information for any permit application that person may submit under Subchapter G of this chapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems).

(c) All roads or other transportation facilities used for coal exploration shall comply with the applicable provisions of §§12.400(b)-(f), 12.402, and 12.403 of this title (relating to Roads: General, to Utility Installations, and to Support Facilities).

(d) If excavations, artificial flat areas, or embankments are created during exploration, these areas shall be returned to the approximate original contour promptly after such features are no longer needed for coal exploration.

(e) Topsoil shall be removed, stored, and redistributed on disturbed areas as necessary to assure successful revegetation or as required by the Commission.

(f) Revegetation of areas disturbed by coal exploration shall be performed by the person who conducts the exploration, or his or her agent. All areas disturbed by coal exploration activities shall be revegetated in compliance with the plan approved by the Commission and carried out in a manner that encourages prompt vegetative cover and recovery of productivity levels compatible with approved post-exploration land use and in accordance with the following:

(1) all disturbed lands shall be seeded or planted to the same seasonal variety native to the disturbed area. If both the pre-exploration and post-exploration land uses are intensive agriculture, planting of the crops normally grown will meet the requirements of this subsection; and

(2) the vegetative cover shall be capable of stabilizing the soil surface in regards to erosion.

(g) With the exception of small and temporary diversions of overland flow of water around new roads, drill pads, and support facilities, no ephemeral, intermittent or perennial streams shall be diverted during coal exploration activities. Overland flow of water shall be diverted in a manner that:

(1) prevents erosion;

(2) to the extent possible using the best technology currently available, prevents additional contributions of suspended solids to streamflow or runoff outside the exploration area; and

(3) complies with all other applicable state and federal requirements.

(h) Each exploration hole, borehole, well, or other exposed underground opening created during exploration must meet the requirements of §§12.331-12.333 of this title (relating to Casing and Sealing of Drilled Holes: General Requirements, to Casing and Sealing of Drilled Holes: Temporary, and to Casing and Sealing of Drilled Holes: Permanent).

(i) All facilities and equipment shall be removed from the exploration area promptly when they are no longer needed for exploration, except for those facilities and equipment that the Commission determines may remain to:

(1) provide additional environmental quality data;

(2) reduce or control the on- and off-site effects of the exploration activities; or

(3) facilitate future surface mining and reclamation operations by the person conducting the exploration under an approved permit.

(j) Coal exploration shall be conducted in a manner which minimizes disturbance of the prevailing hydrologic balance, and shall include sediment control measures such as those listed in §12.343 of this title (relating to Hydrologic Balance: Sediment Control Structures) or sedimentation ponds which comply with §12.344 of this title (relating to Hydrologic Balance: Sedimentation Ponds). The Commission may specify additional measures which shall be adopted by the person engaged in coal exploration.

(k) Toxic- or acid-forming materials shall be handled and disposed of in accordance with §§12.346 and 12.386 of this title (relating to Hydrologic Balance: Acid-Forming and Toxic-Forming Spoil, and to Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials). If specified by the Commission, additional measures shall be adopted by the person engaged in coal exploration.

Source Note: The provisions of this §12.327 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640.