82nd Texas Legislature, Regular Session, Senate Bill 1295, Chapter 442 Page: 4 of 11
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S.B. No. 1295
1 protection from wind and water erosion or contamination by other
2 acid or toxic material;
3 (C) to replace and regrade the root zone material
4 described by Subdivision (7)(B) with proper compaction and uniform
5 depth over the regraded spoil material; and
6 (D) to redistribute and grade uniformly the
7 surface soil horizon described by Subdivision (7)(A);
8 (8) to create a permanent impoundment of water on a
9 mining site as part of a reclamation activity if:
10 (A) the approved mining and reclamation plan and
11 permit authorize impoundment; and
12 (B) it is adequately demonstrated that:
13 (i) the size of the impoundment is adequate
14 for its intended purposes;
15 (ii) the impoundment dam construction will
16 be designed to achieve necessary stability with an adequate margin
17 of safety compatible with that of structures constructed under the
18 Watershed Protection and Flood Prevention Act (16 U.S.C. Section
19 1001 et seq.);
20 (iii) the quality of impounded water will
21 be permanently suitable for its intended use;
22 (iv) discharges from the impoundment will
23 not degrade the water quality in the receiving stream below water
24 quality standards established under applicable federal and state
25 law;
26 (v) the water level will be reasonably27 stable;
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Texas. Legislature. Senate. 82nd Texas Legislature, Regular Session, Senate Bill 1295, Chapter 442, legislative document, June 17, 2011; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth311811/m1/4/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.