Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 12 - COAL MINING REGULATIONS
Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS
Division 5 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES
Section 12.133 - Fish and Wildlife Resources Information
Universal Citation: 16 TX Admin Code § 12.133
Current through Reg. 50, No. 13; March 28, 2025
(a) Resource Information. Each application shall include fish-and-wildlife resource information for the permit area and adjacent area.
(1) The scope and level of
detail for such information shall be determined by the Commission in
consultation with state and federal agencies with responsibilities for fish and
wildlife and shall be sufficient to design the protection and enhancement plan
required under §
12.144 of this title (relating to
Fish and Wildlife Plan).
(2)
Site-specific resource information necessary to address the respective species
or habitats shall be required when the permit area or adjacent area is likely
to include:
(A) listed or proposed endangered
or threatened species of plants or animals or their critical habitats listed by
the Secretary under the Endangered Species Act of 1973, as amended
(16
U.S.C. 1531 et seq.), or those species or
habitats protected by similar state statutes;
(B) habitats of unusually high value for fish
and wildlife such as important streams, wetlands, riparian areas, cliffs
supporting raptors, areas offering special shelter or protection, migration
routes, or reproduction and wintering areas; or
(C) other species or habitats identified
through agency consultation as requiring special protection under state or
federal law.
(b) Fish and Wildlife Service review. Upon request, the Commission shall provide the resource information required under subsection (a) of this section and the protection and enhancement plan required under § 12.144 of this title (relating to Fish and Wildlife Plan) to the U.S. Department of the Interior, Fish and Wildlife Service Regional or Field Office for their review. This information shall be provided within 10 days of receipt of the request from the Service.
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