SECTION 12.505. Topsoil: Removal

(a) Timing. Topsoil shall be removed from areas to be affected by surface operations or major structures, after vegetative cover that would interfere with the use of the topsoil is cleared from portions of those areas that will be disturbed, but before any drilling for blasting, mining, or other surface disturbance of surface lands.

(b) Materials to be removed. Topsoil shall be removed in a separate layer from the areas to be disturbed, unless use of substitute or supplemental materials is approved by the Commission in accordance with subsection (e) of this section. If use of substitute or supplemental materials is approved, all materials to be redistributed shall be removed.

(c) Material to be removed in thin topsoil situations. If the topsoil is less than 6 inches, a 6-inch layer that includes the A horizon and the unconsolidated materials immediately below the A horizon or the A horizon and all unconsolidated material if the total available is less than 6 inches, shall be removed and the mixture segregated and redistributed as the surface soil layer, unless topsoil substitutes are approved by the Commission pursuant to subsection (e) of this section.

(d) Subsoil segregation. The B horizon and portions of the C horizon, or other underlying layers demonstrated to have qualities for comparable root development, shall be segregated and replaced as subsoil, if the Commission determines that either of these is necessary or desirable to ensure soil productivity consistent with the approved postmining land use.

(e) Topsoil substitutes and supplements.

(1) Selected overburden materials may be substituted for, or used as a supplement to, topsoil, if the Commission determines that the resulting soil medium is equal to or more suitable for sustaining the vegetation than is the available topsoil and the substitute material is the best available to support the vegetation. This determination shall be based on the results of chemical and physical analysis of overburden and topsoil. These analyses shall include determinations of pH, net acidity or alkalinity, phosphorus, potassium, texture class, and other analyses as required by the Commission. The Commission may also require that results of field-site trials or greenhouse tests be used to demonstrate the feasibility of using these overburden materials.

(2) Results of analyses, trials, and tests shall be submitted to the Commission. Certification of trials and tests shall be made by a laboratory approved by the Commission stating that:

(A) the proposed substitute material is equal to or more suitable for sustaining the vegetation than is the available topsoil;

(B) the substitute material is the best available material to support the vegetation; and

(C) the trials and tests were conducted using standard testing procedures.

(3) Substituted or supplemental material shall be removed, segregated, and replaced in compliance with the requirements for topsoil under this section.

(f) Limits on topsoil removal area. Where the removal of vegetative material, topsoil, or other materials may result in erosion which may cause air or water pollution:

(1) the size of the area from which topsoil is removed at any one time shall be limited;

(2) the surface soil layer shall be redistributed at a time when the physical and chemical properties of topsoil can be protected and erosion can be minimized; and

(3) such other measures shall be taken as the Commission may approve or require to control erosion.

Source Note: The provisions of this §12.505 adopted to be effective April 7, 1997, 22 TexReg 3093.