reglab/statecodes huggingface dataset:
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 6 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.143 - Air Pollution Control Plan for Surface Mining

Current through Reg. 49, No. 28; July 12, 2024
(a) For all surface mining activities with
					 projected production rates exceeding 1 million tons of coal per year and
					 located west of the 100th meridian west longitude, the application shall
					 contain an air pollution control plan which includes the following:
(1) an air-quality monitoring program to
					 provide sufficient data to evaluate the effectiveness of the fugitive-dust
					 control practices proposed under paragraph (2) of this subsection to comply
					 with federal and state air-quality standards; and
(2) a plan for fugitive-dust control
					 practices as required under §
												RSA
					 12.389 of this title (relating to
					 Stabilization of Surface Areas for Surface Mining).
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 6 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.144 - Fish and Wildlife Plan

Current through Reg. 49, No. 28; July 12, 2024
Protection and enhancement plan. Each application shall
						contain a description of how, to the extent possible using the best technology
						currently available, the operator will minimize disturbances and adverse
						impacts on fish and wildlife and related environmental values, including
						compliance with the Endangered Species Act, during the surface coal mining and
						reclamation operations, and how enhancement of these resources will be
						achieved, where practicable. This description shall:
(1) be consistent with the requirements of
					 §
											RSA
					 12.380 of this title (relating to Protection
					 of Fish, Wildlife, and Related Environmental Values);
(2) apply, at a minimum, to species and
					 habitats identified under §
											RSA
					 12.133<subdiv>(a)</subdiv> of
					 this title (relating to Fish and Wildlife Resources Information); and
(3) include:
(A) protective measures that will be used
					 during the active mining phase of operation. Such measures may include the
					 establishment of buffer zones, the selective location and special design of
					 haul roads and power lines, and the monitoring of surface-water quality and
					 quantity; and
(B) enhancement
					 measures that will be used during the reclamation and postmining phase of
					 operation to develop aquatic and terrestrial habitat. Such measures may include
					 restoration of streams and other wetlands, retention of ponds and impoundments,
					 establishment of vegetation for wildlife food and cover, and the placement of
					 perches and nest boxes. Where the plan does not include enhancement measures, a
					 statement shall be given explaining why enhancement is not
					 practicable.
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 6 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.146 - Reclamation Plan: Protection of Hydrologic Balance

Current through Reg. 49, No. 28; July 12, 2024
(a) General requirements. The application
					 shall include a hydrologic reclamation plan, with appropriate maps and
					 descriptions, indicating how the relevant requirements of this chapter
					 (relating to Coal Mining Regulations), including §§12.339-12.341,
					 12.346, 12.348 and 12.349, and 12.350-12.354 of this title (relating to
					 Hydrologic Balance: General Requirements, to Hydrologic Balance: Water-Quality
					 Standards and Effluent Limitations, to Hydrologic Balance: Diversions, to
					 Hydrologic Balance: Acid-Forming and Toxic-Forming Spoil, to Hydrologic
					 Balance: Ground-Water Protection, to Hydrologic Balance: Surface-Water
					 Protection, to Hydrologic Balance: Surface and Ground-Water Monitoring, to
					 Hydrologic Balance: Transfer of Wells, to Hydrologic Balance: Water Rights and
					 Replacement, to Hydrologic Balance: Discharge of Water Into an Underground
					 Mine, and to Hydrologic Balance: Postmine Rehabilitation of Sedimentation
					 Ponds, Diversions, Impoundments, and Treatment Facilities), will be met. The
					 plan shall be specific to the local hydrologic conditions.
(1) The plan shall contain the steps to be
					 taken during mining and reclamation through bond release:
(A) to minimize disturbances to the
					 hydrologic balance within the permit and adjacent areas;
(B) to prevent material damage outside
					 thepermit area;
(C) to meet
					 applicable federal and state water-quality laws and regulations; and
(D) to protect the rights of present water
					 users.
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 6 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.147 - Reclamation Plan: Postmining Land Uses

Current through Reg. 49, No. 28; July 12, 2024
(a) Each plan shall contain a detailed
					 description of the proposed use, following reclamation, of the land within the
					 proposed permit area, including a discussion of the utility and capacity of the
					 reclaimed land to support a variety of alternative uses, and the relationship
					 of the proposed use to existing land-use policies and plans. This description
					 shall explain:
(1) how the proposed
					 postmining land use is to be achieved and the necessary support activities
					 which may be needed to achieve the proposed land use; and
(2) where a land use different from the
					 premining land use is proposed, all materials needed for approval of the
					 alternative use under §
												RSA
					 12.399 of this title (relating to Postmining
					 Land Use); and
(3) the
					 consideration which has been given to making all of the proposed surface mining
					 activities consistent with surface-owner plans and applicable state and local
					 land-use plans and programs.
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 6 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.148 - Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments

Current through Reg. 49, No. 28; July 12, 2024
(a) General. Each
					 application shall include a general plan for each proposed sedimentation pond,
					 water impoundment, and coal processing waste bank, dam, or embankment within
					 the proposed permit area.
(1) Each general
					 plan shall:
(A) be prepared by or under the
					 direction of, and certified by a qualified professional engineer, or by a
					 qualified professional geoscientist, with assistance from experts in related
					 fields such as land surveying and landscape architecture;
(B) contain a description, map, and cross
					 section of the structure and its location;
(C) contain preliminary hydrologic and
					 geologic information required to assess the hydrologic impact of the
					 structure;
(D) contain a survey
					 describing the potential effect on the structure from subsidence of the
					 subsurface strata resulting from past underground mining operations if
					 underground mining has occurred; and
(E) contain a certification statement which
					 includes a schedule setting forth the dates that any detailed design plans for
					 structures that are not submitted with the general plan will be submitted to
					 the Commission. The Commission shall have approved, in writing, the detailed
					 design plan for a structure before construction of the structure
					 begins.
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 6 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.149 - Reclamation Plan: Surface Mining Near Underground Mining

Current through Reg. 49, No. 28; July 12, 2024
For surface mining activities within the proposed permit
						area to be conducted within 500 feet of an underground mine, the application
						shall describe the measures to be used to comply with §
											RSA
						12.367 of this title (relating to Protection
						of Underground Mining).
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 6 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.150 - Diversions

Current through Reg. 49, No. 28; July 12, 2024
Each application shall contain descriptions, including
						maps and cross sections, of stream channel diversions to be constructed within
						the proposed permit area to achieve compliance with §
											RSA
						12.341 of this title (relating to Hydrologic
						Balance: Diversions).
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 6 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.151 - Protection of Public Parks and Historic Places

Current through Reg. 49, No. 28; July 12, 2024
(a) For any publicly owned parks or any
					 places listed on the National Register of Historic Places that may be adversely
					 affected by the proposed operations, each plan shall describe the measures to
					 be used:
(1) to prevent adverse impacts;
					 or
(2) if a person has valid
					 existing rights as determined under §
												RSA
					 12.72<subdiv>(c)</subdiv> of this
					 title (relating to Procedures for Compatibility Findings, Public Road Closures
					 and Relocations, Buffer Zones, and Valid Existing Rights Determinations), or if
					 joint agency approval is to be obtained under §
												RSA
					 12.73<subdiv>(d)</subdiv> of this
					 title (relating to Commission Obligations at Time of Permit Application
					 Review), to minimize adverse impacts.
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 6 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.152 - Relocation or Use of Public Roads

Current through Reg. 49, No. 28; July 12, 2024
Each application shall describe, with appropriate maps
						and cross sections, the measures to be used to ensure that the interests of the
						public and landowners affected are protected if, under §
											RSA
						12.72<subdiv>(a)</subdiv> of this
						title (relating to Procedures for Compatibility Findings, Public Road Closures
						and Relocations, Buffer Zones, and Valid Existing Rights Determinations), the
						applicant seeks to have the Commission approve:
(1) conducting the proposed surface mining
					 activities within 100 feet of the right-of-way line of any public road, except
					 where mine access or haul roads join that right-of-way; or
(2) relocating a public road.
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 6 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.153 - Disposal of Excess Spoil

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Each application shall contain descriptions, including appropriate maps and
					 cross-section drawings of the proposed disposal site and design of the spoil
					 disposal structures according to §§
											RSA
					 12.363-RSA
					 12.366 of this title (relating to Disposal of
					 Excess Spoil: General Requirements, to Disposal of Excess Spoil: Valley Fills,
					 to Disposal of Excess Spoil: Head-of-Hollow Fills, and to Disposal of Excess
					 Spoil: Durable Rock Fills). These plans shall describe the geotechnical
					 investigation, design, construction, operation, maintenance, and removal, if
					 appropriate, of the site and structures.
(b) Each application shall contain the
					 results of a geotechnical investigation of the proposed disposal site,
					 including the following:
(1) the character of
					 bedrock and any adverse geologic conditions in the disposal area;
(2) a survey identifying all springs,
					 seepage, and ground-water flow observed or anticipated during wet periods in
					 the area of the disposal site;
(3)
					 a survey of the potential effects of subsidence of the subsurface strata due to
					 past and future mining operations;
(4) a technical description of the rock
					 materials to be utilized in the construction of those disposal structures
					 containing rock chimney cores or underlain by a rock drainage blanket;
					 and
(5) a stability analysis
					 including, but not limited to, strength parameters, pore pressures and
					 long-term seepage conditions. These data shall be accompanied by a description
					 of all engineering design assumptions and calculations and the alternatives
					 considered in selecting the specific design specifications and
					 methods.
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 6 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.154 - Road Systems and Support Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Plans and drawings. Each applicant for a
					 surface coal mining and reclamation permit shall submit plans and drawings for
					 each road, as defined in §
											RSA 12.3
					 of this title (relating to Definitions), to be constructed, used, or maintained
					 within the proposed permit area. The plans and drawings shall:
(1) include a map, appropriate cross
					 sections, design drawings and specifications for road widths, gradients,
					 surfacing materials, cuts, fill embankments, culverts, bridges, drainage
					 ditches, low-water crossings, and drainage structures;
(2) contain the drawings and specifications
					 of each proposed road that is located in the channel of an intermittent or
					 perennial stream, as necessary for approval of the road by the Commission in
					 accordance with §
												RSA
					 12.400<subdiv>(d)(1)</subdiv> of
					 this title (relating to Roads: General);
(3) contain the drawings and specifications
					 for each proposed ford of perennial or intermittent streams that is used as a
					 temporary route, as necessary for approval of the ford by the Commission in
					 accordance with §
												RSA
					 12.401<subdiv>(3)(B)</subdiv> of
					 this title (relating to Primary Roads);
(4) contain a description of measures to be
					 taken to obtain approval of the Commission for alteration or relocation of a
					 natural stream channel under §
												RSA
					 12.401<subdiv>(3)(B)</subdiv> of
					 this title (relating to Primary Roads);
(5) contain the drawings and specifications
					 for each low-water crossing of perennial or intermittent stream channels so
					 that the Commission can maximize the protection of the stream in accordance
					 with §
												RSA
					 12.401<subdiv>(4)(F)</subdiv> of
					 this title (relating to Primary Roads); and
(6) describe the plans to remove and reclaim
					 each road that would not be retained under an approved postmining land use, and
					 the schedule for this removal and reclamation.
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 7 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 12.156 - Identification of Interests and Compliance Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Certification and update of existing
					 permit application information.
(1) If an
					 applicant has previously applied for a permit and the required information is
					 already in AVS, then the applicant may update the information in its
					 application as follows:
(A) If all or part of
					 the information already in AVS is accurate and complete, the applicant may
					 certify to the Commission by swearing or affirming, under oath and in writing,
					 that the relevant information in AVS is accurate, complete, and up to
					 date.
(B) If part of the
					 information in AVS is missing or incorrect, the applicant must submit to the
					 Commission the necessary information or corrections, and swear or affirm, under
					 oath and in writing, that the information submitted is accurate and
					 complete.
(C) If the applicant can
					 neither certify that the data in AVS is accurate and complete, nor make the
					 needed corrections, the applicant must provide the information required under
					 this section.
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 7 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 12.157 - Right of Entry and Operation Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Each application shall contain a
					 description of the documents upon which the applicant bases his or her legal
					 right to enter and begin underground mining activities in the permit area and
					 whether that right is the subject of pending litigation. The description shall
					 identify those documents by type and date of execution, identify the specific
					 lands to which the document pertains, and explain the legal rights claimed by
					 the applicant.
(b) For underground
					 mining activities where the associated surface operations involve the surface
					 mining of coal and the private mineral estate to be mined has been severed from
					 the private surface estate, the application shall also provide, for lands to be
					 affected by those operations within the permit area:
(1) a copy of the written consent of the
					 surface owner to the extraction of coal by surface mining methods; or
(2) a copy of the document of conveyance that
					 expressly grants or reserves the right to extract the coal by surface mining
					 methods; or
(3) if the conveyance
					 does not expressly grant the right to extract coal by surface mining methods,
					 documentation that, under the applicable state law, the applicant has the legal
					 authority to extract the coal by those methods.
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 7 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 12.158 - Relationship to Areas Designated Unsuitable for Mining

Current through Reg. 49, No. 28; July 12, 2024
(a) Each application shall contain available
					 information on whether the proposed permit area is within an area designated
					 unsuitable for surface coal mining and reclamation operations or is within an
					 area under study for designation in an administrative proceeding under
					 §§
											RSA
					 12.74-RSA
					 12.77 of this title (relating to Criteria for
					 Designating Areas as Unsuitable for Surface Coal Mining Operations) and
					 §§
											RSA
					 12.78-RSA
					 12.85 of this title (relating to Process for
					 Designating Areas as Unsuitable for Surface Coal Mining Operations).
(b) If an applicant claims the exemption in
					 §
											RSA
					 12.216 of this title (relating to Criteria
					 for Permit Approval or Denial), the application shall contain information
					 supporting the applicant's assertion that it made substantial legal and
					 financial commitments before January 4, 1977, concerning the proposed
					 underground mining activities.
(c)
					 An application that proposes to conduct Surface coal mining operations within
					 100 feet of a public road or within 300 feet of an occupied dwelling must meet
					 the requirements of §
											RSA
					 12.72<subdiv>(a) or (b)</subdiv>
					 of this title (relating to Procedures for Compatibility Findings, Public Road
					 Closures and Relocations, Buffer Zones, and Valid Existing Rights
					 Determinations), respectively.
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 7 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 12.159 - Permit Term Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
					 application shall contain the anticipated or actual starting and termination
					 date of each phase of the underground mining activities and the anticipated
					 number of acres of surface lands to be affected, and the horizontal and
					 vertical extent of proposed underground mine workings, for each phase of mining
					 and over the total life of the permit.
(b) If the applicant proposes to conduct the
					 underground mining activities in excess of 5 years, the application shall
					 contain the information needed for the showing required under §
											RSA
					 12.219 of this title (relating to Permit
					 Terms).
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 7 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 12.160 - Personal Injury and Property Damage Insurance Information

Current through Reg. 49, No. 28; July 12, 2024
Each application shall contain either a certificate of
						liability insurance or evidence that the self-insurance requirements in §
											RSA
						12.311 of this title (relating to Terms and
						Conditions for Liability Insurance) are satisfied.
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 7 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 12.161 - Identification of Other Licenses and Permits

Current through Reg. 49, No. 28; July 12, 2024
Each application shall contain a list of all other
						licenses and permits needed by the applicant to conduct the proposed
						underground mining activities. This list shall identify each license and permit
						by:
(1) type of permit or
					 license;
(2) name and address of
					 issuing authority;
(3)
					 identification numbers of applications for those permits or licenses or, if
					 issued, the identification numbers of the permits or licenses; and
(4) if a decision has been made, the date of
					 approval or disapproval by each issuing authority and permit expiration
					 date.
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 7 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 12.162 - Identification of Location of Public Office for Filing of Application

Current through Reg. 49, No. 28; July 12, 2024
Each application shall identify, by name and address, the
						public office where the applicant will simultaneously file a copy of the
						application for public inspection under §
											RSA
						12.207 of this title (relating to Public
						Notices of filing of Permit Applications).
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 7 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 12.163 - Newspaper Advertisement and Proof of Publication

Current through Reg. 49, No. 28; July 12, 2024
A copy of the newspaper advertisement of the application
						and proof of publication of the advertisement shall be filed with the
						Commission and made a part of the complete application not later than 4 weeks
						after the last date of publication required under §
											RSA
						12.207 of this title (relating to Public
						Notices of filing of Permit Applications).
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 12.170 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
Each permit application shall include a description of
						the existing, premining environmental resources within the proposed permit area
						and adjacent areas that may be affected or impacted by the proposed underground
						mining activities.
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 12.171 - General Environmental Resources Information

Current through Reg. 49, No. 28; July 12, 2024
Each application shall describe and identify:
(1) the size, sequence, and timing of the
					 subareas of the permit area for which it is anticipated that individual permits
					 for mining will be requested over the estimated total life of the proposed
					 underground mining activities; and
(2) the nature of cultural, historic and
					 archeological resources listed on or eligible for listing on the National
					 Register of Historic Places and known archeological sites within the proposed
					 permit and adjacent areas.
(A) The
					 description shall be based on all available information, including, but not
					 limited to, information from the State Historic Preservation Officer and local
					 archeological, historical, and cultural preservation agencies.
(B) The Commission may require the applicant
					 to identify and evaluate important historic and archeological resources that
					 may be eligible for listing on the National Register of Historic Places,
					 through:
(i) collection of additional
					 information;
(ii) conduct of field
					 investigations; or
(iii) other
					 appropriate analyses.
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 12.172 - Description of Hydrology and Geology: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
					 application shall contain a description of the geology, hydrology, and water
					 quality and quantity of all lands within the proposed permit area, the adjacent
					 areas, and the general area. The description shall include information on the
					 characteristics of all surface and ground waters within the general area, and
					 any water which will flow into or receive discharges of water from the general
					 area. The description shall include geologic information in sufficient detail
					 to assist in determining:
(1) the probable
					 hydrologic consequences of the operation upon the quality and quantity of
					 surface and ground water in the permit and adjacent areas, including the extent
					 to which surface- and ground-water monitoring is necessary;
(2) all potentially acid- or toxic-forming
					 strata down to and including the stratum immediately below the lowest coal seam
					 to be mined; and
(3) whether
					 reclamation as required by this chapter (relating to Coal Mining Regulations)
					 can be accomplished and whether the proposed operation has been designed to
					 prevent material damage to the hydrologic balance outside the permit
					 area.
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 12.173 - Geology Description

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 description of the geology of the proposed permit and adjacent areas down to
					 and including the deeper of either the stratum immediately below the lowest
					 coal seam to be mined or any aquifer below the lowest coal seam to be mined
					 which may be adversely impacted by mining. This description shall include the
					 areal and structural geology of the permit and adjacent areas, and other
					 parameters which influence the required reclamation and it shall also show how
					 the areal and structural geology may affect the occurrence, availability,
					 movement, quantity and quality of potentially impacted surface and ground
					 water. It shall be based on:
(1) the cross
					 sections, maps, and plans required by §
												RSA
					 12.183 of this title (relating to
					 Cross-Sections, Maps, and Plans);
(2) the information obtained under
					 subsections (b), (c) and (d) of this section; and
(3) geologic literature and
					 practices.
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 12.174 - Ground-Water Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 application shall contain a description of the ground-water hydrology for the
					 proposed permit and adjacent areas, including, at a minimum:
(1) the depth below the surface and the
					 horizontal extent of the water table and aquifers;
(2) the lithology and thickness of the
					 aquifers;
(3) the location and
					 ownership of existing wells, springs, and other ground-water resources;
					 and
(4) seasonal quality and
					 quantity of ground-water and usage. Water quality descriptions shall include,
					 at a minimum, total dissolved solids or specific conductance corrected to 25
					 degrees C, pH, total iron, and total manganese. Ground-water quantity
					 descriptions shall include, at a minimum, approximate rates of discharge or
					 usage and depth to the water in the coal seam, and each water-bearing stratum
					 above and potentially impacted stratum below the coal seam.
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 12.175 - Surface-Water Information

Current through Reg. 49, No. 28; July 12, 2024
Surface-water information shall be described, including
						the name of the watershed which will receive water discharges, the name,
						location, ownership and description of all surface-water bodies such as
						streams, lakes, ponds, impoundments, and springs, the location of any water
						discharge into any surface body of water in the proposed permit and adjacent
						areas, and information on surface-water quantity and quality sufficient to
						demonstrate seasonal variation and water usage. Water quantity and quality
						descriptions shall include, at a minimum:
(1) water-quantity data on present water
					 usages, and minimum, maximum, and average discharge conditions which identify
					 critical low flows and peak discharge rates of streams sufficient to identify
					 seasonal variations in flow rates; and
(2) water-quality data to identify the
					 characteristics of surface waters in, discharging into, or which will receive
					 flows from surface or ground water from affected areas within the proposed
					 permit area, sufficient to identify seasonal variations, showing:
(A) total dissolved solids in milligrams per
					 liter or specific conductance corrected to 25 degrees C;
(B) total suspended solids in milligrams per
					 liter;
(C) acidity and alkalinity
					 information if there is a potential for acid drainage from the proposed
					 underground mining operation;
(D)
					 pH in standard units;
(E) total and
					 dissolved iron in milligrams per liter;
(F) total manganese in milligrams per liter;
					 and
(G) such other information as
					 the Commission determines is relevant.
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 12.176 - Alternative Water Supply Information

Current through Reg. 49, No. 28; July 12, 2024
The application shall identify the extent to which the
						proposed underground mining activities may proximately result in contamination,
						diminution, or interruption of an underground or surface source of water within
						the proposed permit or adjacent area for domestic, agricultural, industrial, or
						other legitimate use. If contamination, diminution, or interruption may result,
						then the description shall identify the alternative sources of water supply
						that could be developed to replace the existing sources.
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 12.177 - Climatological Information

Current through Reg. 49, No. 28; July 12, 2024
(a) When
					 requested by the Commission, the application shall contain a statement of the
					 climatological factors that are representative of the proposed permit area,
					 including:
(1) the average seasonal
					 precipitation;
(2) the average
					 direction and velocity of prevailing winds; and
(3) seasonal temperature ranges.
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 12.178 - Vegetative Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The permit
					 application shall, if required by the Commission, contain a map that delineates
					 existing vegetative types and a description of the plant communities within the
					 area affected by surface operations and facilities and within any proposed
					 reference area. This description shall include information adequate to predict
					 the potential for reestablishing vegetation.
(b) When a copy or aerial photograph is
					 required, sufficient adjacent areas shall be included to allow evaluation of
					 vegetation as important habitat for fish and wildlife for those species of fish
					 and wildlife identified under §
											RSA
					 12.179 of this title (relating to Fish and
					 Wildlife Resources Information).
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 12.179 - Fish and Wildlife Resources Information

Current through Reg. 49, No. 28; July 12, 2024
(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 §
												RSA
					 12.195 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
					 (RSA
					 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.
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 12.180 - Soil Resources Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 applicant shall provide adequate soil survey information on those portions of
					 the permit area to be affected by surface operations or facilities, consisting
					 of the following:
(1) a map delineating
					 different soils;
(2) soil
					 identification;
(3) soil
					 description; and
(4) present and
					 potential productivity of existing soils.
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

Current through Reg. 49, No. 28; July 12, 2024
(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 §§
												RSA
					 12.170-RSA
					 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.
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 12.182 - Maps: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
The permit application shall include maps showing:
(1) all boundaries of lands and names of
					 present owners of record of those lands, both surface and subsurface, included
					 in or contiguous to the permit area;
(2) the boundaries of land within the
					 proposed permit area upon which the applicant has the legal right to enter and
					 begin underground mining activities;
(3) the boundaries of all areas proposed to
					 be affected over the estimated total life of the underground mining activities,
					 with a description of size, sequence and timing of the mining of sub-areas for
					 which it is anticipated that additional permits will be sought;
(4) the location of all buildings in and
					 within 1,000 feet of the proposed permit area, with identification of the
					 current use of the buildings;
(5)
					 the location of surface and subsurface man-made features within, passing
					 through, or passing over the proposed permit area, including, but not limited
					 to, major electric transmission lines, pipelines, and agricultural
					 drainage-tile fields;
(6) the
					 location and boundaries of any proposed reference areas for determining the
					 success of revegetation;
(7) the
					 locations of water supply intakes for current users of surface waters flowing
					 into, out of, and within a hydrologic area defined by the Commission, and those
					 surface waters which will receive discharges from affected areas in the
					 proposed permit area;
(8) each
					 public road located in or within 100 feet of the proposed permit
					 area;
(9) the boundaries of any
					 public park and locations of any cultural or historical resources listed or
					 eligible for listing in the National Register of Historic Places, and known
					 archeological sites within the permit or adjacent areas;
(10) each public or private cemetery or
					 Indian burial ground located in or within 100 feet of the proposed permit
					 area;
(11) any land within the
					 proposed permit area and adjacent area which is within the boundaries of any
					 units of the National System of Trails or the Wild and Scenic Rivers System,
					 including study rivers designated under section 5(a) of the Wild and Scenic
					 Rivers Act; and
(12) other relevant
					 information required by the Commission.