The operator of all surface mining and reclamation operations not otherwise exempted or excluded shall as a minimum:
  (1) conduct surface mining operations in a manner consistent with prudent mining practice, so as to maximize the utilization and conservation of the resource being recovered so that reaffecting the land in the future through surface mining can be minimized;
  (2) restore the land affected to the same or a substantially beneficial condition considering the present and past uses of the land, so long as condition does not present any actual or probable hazard to public health or safety or pose an actual or probable threat of water diminution or pollution, and the operator's declared anticipated land use following reclamation is not deemed to be impractical or unreasonable, to involve unreasonable delay in implementation, or to be violative of federal, state, or local law; provided that a variety of postmining land conditions which differ from the land condition immediately preceding the surface mining operation, including but not limited to stock ponds, fishing or recreational lakes, school or park sites, industrial, commercial, or residential sites, or open space uses, may be approved by the commission if the proposed condition is determined to be substantially beneficial and complies with the provisions of this division (relating to Uranium Surface Mining Reclamation);
  (3) reduce all highwalls, spoil piles, and banks to a slope sufficient to control erosion effectively and sufficient to sustain vegetation, where required, consistent with the anticipated subsequent use of the affected land;
  (4) stabilize and protect all surface areas affected by the mining and reclamation operation effectively to control erosion and attendant air and water pollution;
  (5) remove the topsoil, if any, from the land in a separate layer, replace it on the backfill area; or, if not utilized immediately, segregate it in a separate pile from other spoil and when the topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, maintain a successful cover by quick growing plants or other means so that the topsoil is preserved from wind and water erosion, remains free of any contamination by toxic material, and is in a usable condition for sustaining vegetation when restored during reclamation; except if topsoil is of insufficient quantity or of poor quality for sustaining vegetation and if other strata can be shown to be as suitable for vegetation requirements, then the operator shall remove, segregate, and preserve in a like manner such other strata which is best able to support vegetation; provided that the requirements of this paragraph shall not apply if a mixing of strata can be shown to be equally suitable for revegetation requirements;
  (6) replace the topsoil or the best available subsoil, if any, on top of the land to be reclaimed;
  (7) fill any auger holes with an impervious material in order to prevent drainage;
  (8) minimize the disturbances to the prevailing hydrologic balance at the mine site and in associated offsite areas and to the quality and quantity of water in surface and ground water systems both during and after surface mining operations and during reclamation by:
    (A) avoiding mine drainage by such measures as, but not limited to:
      (i) preventing or removing water from contact with toxic-producing deposits;
      (ii) treating drainage to reduce toxic content; or
      (iii) casing, sealing, or otherwise managing boreholes, shafts, and wells to keep toxic drainage from entering ground and surface waters;
    (B) conducting surface mining operations so as to prevent unreasonable additional contributions of suspended solids to streamflow or runoff outside the permit area above natural levels under seasonal flow conditions; and
    (C) consistent with good water conservation practices, removing such temporary or large siltation structures from drainways after disturbed areas are revegetated and stabilized;
  (9) stabilize any waste piles;
  (10) refrain from surface mining in proximity to active and abandoned underground mines where such mining would cause breakthroughs or would endanger the health or safety of miners;
  (11) with respect to the use of impoundments for the disposal of mine wastes, processing wastes, or other liquid or solid wastes, incorporate current engineering practices for the design and construction of water retention facilities which, at a minimum, shall be compatible with the requirements of Texas Water Code, §12.052, and applicable federal laws, ensure that leachate will not pollute surface or groundwater, and locate impoundments so as not to endanger public health and safety should failure occur;
  (12) insure that all debris, toxic materials, or materials constituting a fire hazard are treated or disposed of in a manner designed to prevent contamination of ground or surface waters or combustion;
  (13) insure that any explosives are used only in accordance with existing state and federal law and regulations promulgated by the commission;
  (14) insure that all reclamation efforts proceed as contemporaneously as practicable with the surface mining operation;
  (15) insure that construction, maintenance, and postmining conditions of access roads into and across the site of operations will minimize erosion and siltation, pollution of air and water, damage to fish or wildlife or their habitat, or public or private property; provided that the commission may permit the retention after mining of certain access roads if compatible with the approved reclamation plan;
  (16) refrain from the construction of roads or other access ways up a stream bed or drainage channel or in proximity to such channel where such construction would seriously alter the normal flow of water;
  (17) establish on all affected lands, where required in the approved reclamation plan, a diverse vegetative cover native to the affected land where vegetation existed prior to mining and capable of self-regeneration and plant succession equal in extent of cover to the natural vegetation of the area; except that introduced species may be used in the revegetation process where desirable or necessary to achieve the approved reclamation plan;
  (18) assume responsibility for successful revegetation for a period of four years beyond the first year in which the vegetation has been successfully established as evidenced by the land being used as anticipated in the reclamation plan;
  (19) with respect to permanent impoundments of water as a part of the approved reclamation plan, ensure that:
    (A) the size of the impoundment and the availability of water are adequate for its intended purpose;
    (B) the impoundment dam construction will meet the requirements of Texas Water Code, §12.052, and applicable federal laws;
    (C) the quality of impounded water will be suitable on a permanent basis for its intended use and the discharges from the impoundment will not degrade the water quality in the receiving stream;
    (D) final grading will provide adequate safety and access for anticipated water users; and
    (E) such water impoundments will not result in the diminution of the quality or quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses;
  (20) unless the operator has made appropriate arrangements with the persons affected (as used in this paragraph only, "persons affected" means those persons or government agencies which own or reside on or are responsible for the administration of the places listed in this paragraph), either not create a cut:
    (A) within 100 feet of any oil and gas well unless such well has been properly plugged; or
    (B) within 150 feet of the outside line of the right of way of any public highway or from the boundary of any national park, national monument, national historic landmark, property listed on the national register of historic places, national forest, national wilderness area, national wildlife refuge, national wildlife and scenic areas, state park, state wildlife refuge, state forest, recorded Texas landmark, state historic site, state archaeological landmark, city or county park, public road, public building, cemetery, school, church, or existing dwelling outside the permit area;
  (21) provide, when the surface mining operation is permitted to be located within 150 feet of the outside line of the right of way of any public highway or from the boundary of any national park, national monument, national historic landmark, property listed on the national register of historic places, national forest, national wilderness area, national wildlife refuge, national wildlife and scenic areas, state park, state wildlife refuge, state forest, recorded Texas historic landmark, state historic site, state archaeological landmark, city or county park, public road, public building, cemetery, school, church, or existing dwelling outside the permit area a screen of natural vegetation between the surface mining operation and the areas described in this paragraph;
Cont'd...