SECTION 311.78. Reclamation Plan

(a) The Reclamation Plan establishes procedures and standards for reclamation of the quarry.

(1) The Reclamation Plan must, at a minimum:

(A) provide a description of the proposed use of the disturbed area following reclamation;

(B) develop site-specific standards for reclamation appropriate to the end use proposed in subparagraph (A) of this paragraph that addresses the following:

(i) removal or final stabilization of all raw material, intermediate material, final product, waste product, byproduct, and/or ancillary material;

(ii) removal of waste or closure of all waste disposal areas;

(iii) removal of structures, where appropriate;

(iv) removal and reclamation of all temporary roads and/or railroads;

(v) backfilling, regrading, and recontouring;

(vi) slope stability for remaining highwalls and detention ponds;

(vii) revegetation of the reclaimed area giving consideration to species diversity and the use of native species;

(viii) establishment of wildlife habitat;

(ix) establishment of drainage patterns;

(x) establishment of permanent control structures (e.g., retention ponds), where necessary, to address erosion, siltation, and runoff from post quarrying and reclaimed areas; and

(xi) removal of all equipment;

(C) provide a description of how reclamation will be conducted (e.g., phased reclamation) and a timetable for the completion of reclamation activities.

(2) The Reclamation Plan must include a detailed estimate of the maximum probable cost required to complete and implement the plan. The maximum probable cost must be based on the cost to a third party conducting the reclamation without a financial interest or ownership in the quarry operation.

(b) Certification of the Reclamation Plan must be provided, within the appropriate area or discipline, by a licensed Texas professional engineer or a licensed Texas professional geoscientist. Components of the Reclamation Plan may be independently certified, as appropriate.

Source Note: The provisions of this §311.78 adopted to be effective August 3, 2006, 31 TexReg 6033