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 12.135 - Land-Use Information
Universal Citation: 16 TX Admin Code § 12.135
Current through Reg. 50, No. 13; March 28, 2025
(a) The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including:
(1) a map and supporting narrative of the
uses of the land existing at the time of the filing of the application. If the
premining use of the land was changed within 5 years before the anticipated
date of beginning the proposed operations, the historic use of the land shall
also be described;
(2) a narrative
of land capability and productivity, which analyzes the land-use description
under this section in conjunction with other environmental resources
information required under §§
12.124-12.138 of this title (relating to
Surface Mining Permit Applications--Minimum Requirements for Information on
Environmental Resources). The narrative shall provide analyses of:
(A) the capability of the land before any
mining to support a variety of uses, giving consideration to soil and
foundation characteristics, topography, vegetative cover and the hydrology of
the proposed permit area; and
(B)
the productivity of the proposed permit area before mining, expressed as
average yield of food, fiber, forage, or wood products from such lands obtained
under high levels of management. The productivity shall be determined by yield
data or estimates for similar sites based on current data from the U.S.
Department of Agriculture, state agricultural universities or appropriate state
natural resource or agricultural agencies.
(b) The application shall identify whether the proposed permit area has been previously mined, and, if so, include the following information, if available:
(1) the
type of mining method used;
(2) the
coal seams or other mineral strata mined;
(3) the extent of coal or other minerals
removed;
(4) the approximate dates
of past mining; and
(5) the uses of
the land preceding mining.
(c) The application shall contain a description of the existing land uses and land-use classifications under local law, if any, of the proposed permit and adjacent areas.
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