Sand Mining Clause Samples

Sand Mining. Recent years have seen the introduction of sand mining operations in and near DSL Habitat in Texas. Sand mining operations have the potential to alter DSL habitat and cause fragmentation. As a relatively new activity in the region, the potential consequences of sand mining activity to habitat, DSL dispersal, and the structure and stability of dune systems are not yet fully understood. One of the benefits of the 2020 DSL CCAA is to develop information about these potential consequences, which can be used to inform Adaptive Management. In general, sand mining consists of the following major components: plant infrastructure, supporting infrastructure (roads, water and power pipelines, well fields), excavation, processing/operations, transportation, and regrading. If the operation of a sand-mining facility is in DSL Habitat, it may result in significant habitat alteration by removing vegetation, altering topography, displacing wildlife during the life of the operation, and introducing noise, light, and vehicular traffic. Mining operations can remove sand to a depth of 80 feet or more depending on the depth of the deposit, which can serve to minimize impacts across the surface. Non- commercial grade sediments (e.g., gravels, fines, large organic material) removed during excavation are returned to the mined area up to two years after the excavation in that area has been completed. The long-term impacts of sand removal on geomorphic dynamics of shin-oak dune blowout features are unclear. Vehicular traffic to and from sand mines may have effects on lizard populations, although it is unclear the extent to which any increased truck activity is related to sand mining operations in the area, given that sand would need to be trucked in for certain oil and gas operations regardless where mined. Increased truck activity also may contribute to behavioral modifications of DSL and further exacerbate the effects of fragmentation, if the activity is within DSL Habitat. Each of these components may have direct and indirect consequences on DSL and DSL habitat. The permanency and extent of habitat loss, habitat fragmentation, and mortality or altered behaviors and dispersal of DSL will depend on the component.

Sand Mining. Beginning early in 2017, sand mining companies began purchasing or leasing large tracts of land in the Permian Basin in Texas for sand operations. Some of these properties include areas of DSL Habitat. Texas requires certain permits, depending on the extent of operations. These permits include (but are not limited to): an aggregate production operation registration, an air pollution control permit, storm water construction and operation general permits, public drinking water well permit, on-site sewage facility registration and permit, hazardous chemical inventory reporting (Tier II), solid and/or hazardous waste registration and reporting, petroleum storage tank registration. Texas has no requirements pertaining to the reclamation of sand mining sites. Thus the 2020 DSL CCAA offers the ability, which otherwise does not exist, to bring substantial acres of DSL Habitat on private lands into conservation, generate sustainable revenue to fund conservation and scientific study under the plan, and to limit the overall disturbance from sand mining activity on private lands in Texas. Certain sand mining operations enrolled under the TCP and agreed to avoid excavations in DSL Habitat, as delineated by the ▇▇▇▇▇▇▇▇ map, and two sand mine operators agreed to provide conservation protection for a total of 944 acres of off-site High Suitability habitat.