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 8 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES
Section 12.181 - Land-Use Information
Universal Citation: 16 TX Admin Code § 12.181
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 which will be affected by surface operations and facilities 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 subsection (a) of this section in conjunction with other environmental
resources information required under §§
12.170-12.184 of this title (relating to
Underground 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 area proposed to be affected by surface operations or facilities;
and
(B) the productivity of the
area proposed to be affected by surface operations and facilities 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 resources or agricultural
agencies.
(b) The application shall indicate whether the proposed permit area has been previously mined, and, if so, 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 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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