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 8 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 12.184 - Prime Farmland Investigation

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The applicant shall conduct a pre-application investigation of the area
					 proposed to be affected by surface operations or facilities to determine
					 whether lands within the area may be prime farmland.
(b) Land shall not be considered as prime
					 farmland where the applicant can demonstrate one or more of the following:
(1) the land has not been historically used
					 as cropland;
(2) the land within
					 the proposed permit area which has a slope, as measured pursuant to §
												RSA
					 12.183<subdiv>(a)(11)</subdiv> of
					 this title (relating to Cross Sections, Maps, and Plans), of greater than 5.0%.
					 Only that portion of the land having a slope of greater than 5.0% will not be
					 considered as prime farmland;
(3)
					 the land is not irrigated or naturally subirrigated, has not developed water
					 supply that is dependable and of adequate quality, and the average annual
					 precipitation is 14 inches or less;
(4) other factors exist, such as a very rocky
					 surface, or the land is frequently flooded, which clearly place all land within
					 the area outside the purview of prime farmland; or
(5) on the basis of a soil survey of the
					 lands within the proposed area to be affected by surface operations or
					 facilities, there are no soil mapping units which have been designated prime
					 farmland by the U.S. Natural Resources Conservation Service.
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 9 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.185 - Operation Plan: General Requirements

Current through Reg. 49, No. 28; July 12, 2024
Each application shall contain a description of the
						mining operations proposed to be conducted during the life of the mine within
						the proposed permit area, including, at a minimum, the following:
(1) a narrative description of the type and
					 method of coal mining procedures and proposed engineering techniques,
					 anticipated annual and total production of coal, by tonnage, and the major
					 equipment to be used for all aspects of those operations; and
(2) a narrative explaining the construction,
					 modification, use, maintenance, and removal of the following facilities, unless
					 retention of such facility is necessary for postmining land use as specified in
					 §
											RSA
					 12.568 of this title (relating to Postmining
					 Land Use):
(A) dams, embankments, and other
					 impoundments;
(B) overburden and
					 topsoil handling and storage areas and structures;
(C) coal removal, handling, storage,
					 cleaning, and transportation areas and structures;
(D) spoil, coal processing waste, mine
					 development waste, and noncoal waste removal, handling, storage,
					 transportation, and disposal areas and structures;
(E) mine facilities; and
(F) water-pollution control
					 facilities.
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 9 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.186 - Operation Plan: Existing Structures

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Each application shall contain a description of each existing structure
					 proposed to be used in connection with or to facilitate the surface coal mining
					 and reclamation operation. The description shall include:
(1) location;
(2) plans of the structure which describe its
					 current condition;
(3) approximate
					 dates on which construction of the existing structure was begun and completed;
					 and
(4) a showing, including
					 relevant monitoring data or other evidence, whether the structure meets the
					 performance standards of Subchapter K of this chapter (relating to Permanent
					 Program Performance Standards).
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 9 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.188 - 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 §§12.509-12.511,
					 12.516, 12.518 and 12.519, and 12.520-12.524 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 the
					 permit 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 9 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.189 - 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 to be
					 affected within the proposed permit area by surface operations or facilities,
					 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;
(2)
					 where a land use different from the premining land-use is proposed, all
					 materials needed for approval of the alternative use under §
												RSA
					 12.568 of this title (relating to Postmining
					 Land Use); and
(3) the
					 consideration given to making all of the proposed underground 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 9 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.190 - 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 when 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 9 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.191 - 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 9 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.192 - 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 9 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.193 - Underground Development Waste/Return of Coal Processing Waste to Abandoned Underground Workings

Current through Reg. 49, No. 28; July 12, 2024
(a) Underground
					 Development Waste. Each plan shall contain descriptions, including appropriate
					 maps and cross-section drawings of the proposed disposal methods and sites for
					 placing underground development waste and excess spoil generated at surface
					 areas affected by surface operations and facilities, according to §§
											RSA
					 12.531-RSA
					 12.534 of this title (relating to Disposal of
					 Underground Development Waste and Excess Spoil: General Requirements, to
					 Disposal of Underground Development Waste and Excess Spoil: Valley fills, to
					 Disposal of Underground Development Waste and Excess Spoil: Head-of-Hollow
					 Fills, and to Disposal of Underground Development Waste and Excess Spoil:
					 Durable Rock Fills). Each plan shall describe the geotechnical investigation,
					 design, construction, operation, maintenance and removal, if appropriate, of
					 the structures and be prepared according to §
											RSA
					 12.153 of this title (relating to Disposal of
					 Excess Spoil).
(b) Return of Coal
					 Processing Waste to Abandoned Underground Workings.
(1) Each plan shall describe the design,
					 operation and maintenance of any proposed coal processing waste disposal
					 facility, including flow diagrams and any other necessary drawings and maps,
					 for the approval of the Commission and the Mine Safety and Health
					 Administration under §
												RSA
					 12.541 of this title (relating to Coal
					 Processing Waste: Return to Underground Workings).
(2) Each plan shall describe the source and
					 quality of waste to be stowed, area to be backfilled, percent of the mine void
					 to be filled, method of constructing underground retaining walls, influence of
					 the backfilling operation on active underground mine operations, surface area
					 to be supported by the backfill, and the anticipated occurrence of surface
					 effects following backfilling.
(3)
					 The applicant shall describe the source of the hydraulic transport mediums,
					 method of dewatering the placed backfill, retainment of water if released to
					 surface streams, and the effect on the hydrologic regime.
(4) The plan shall describe each permanent
					 monitoring well to be located in the backfilled area, the stratum underlying
					 the mined coal, and gradient from the backfilled area.
(5) The requirements of paragraphs (1)-(4) of
					 this subsection shall also apply to pneumatic backfilling operations, except
					 where the operations are exempted by the Commission from requirements
					 specifying hydrologic monitoring.
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 9 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.194 - Subsidence Control Plan

Current through Reg. 49, No. 28; July 12, 2024
The application shall include a survey which shall show
						whether structures or renewable resource lands exist within the proposed permit
						and adjacent area and whether subsidence if it occurred could cause material
						damage or diminution of reasonably foreseeable use of such structures or
						renewable resource lands. If the survey shows that no such structures or
						renewable resource lands exist, or no such material damage or diminution could
						be caused in the event of mine subsidence, and if the Commission agrees with
						such conclusion, no further information need be provided in the application
						under this section. In the event the survey shows such structures or renewable
						resource lands exist and that subsidence could cause material damage or
						diminution of value or foreseeable use of the land, or if the Commission
						determines that such damage or diminution could occur, the application shall
						include a subsidence plan which shall contain the following information:
(1) a detailed description of the mining
					 method and other measures to be taken which may affect subsidence, including:
(A) the technique of coal removal, such as
					 longwall mining, room and pillar with pillar removal, hydraulic mining or other
					 methods;
(B) the extent, if any, to
					 which planned and controlled subsidence is intended; and
(C) a description of the physical conditions,
					 such as depth of cover, seam thickness, and lithology, which affect the
					 likelihood and extent of subsidence and subsidence-related damage.
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 9 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.195 - 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
					 12.547 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
					 12.179<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 9 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.196 - Diversions

Current through Reg. 49, No. 28; July 12, 2024
Each application shall contain descriptions, including
						maps and cross sections, of stream-channel diversions and other diversions to
						be constructed within the proposed permit area to achieve compliance with
						§
											RSA
						12.511 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 9 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.198 - Road Systems and Support Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Plans and drawings. Each applicant for an
					 underground 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
					 12.569<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
					 12.570<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
					 12.570<subdiv>(4)(E)</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
					 12.570<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 9 - UNDERGROUND MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.199 - Air Pollution Control Plan for Underground Mining

Current through Reg. 49, No. 28; July 12, 2024
For all surface operations associated with underground
						mining activities, the application shall contain an air pollution control plan
						which includes the following:
(1) an
					 air-quality monitoring program, if required by the Commission to provide
					 sufficient data to evaluate the effectiveness of the fugitive-dust control
					 practices, under paragraph (2) of this section to comply with applicable
					 federal and state air-quality standards; and
(2) a plan for fugitive-dust control
					 practices as required under §
											RSA
					 12.554 of this title (relating to
					 Stabilization of Surface Areas for 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 10 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 12.203 - Augering

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
					 applies to any person who conducts or intends to conduct surface coal mining
					 and reclamation operations utilizing augering methods.
(b) Any application for a permit for
					 operations covered by this section shall contain, in the mining and reclamation
					 plan, a description of the augering methods to be used and the measures to be
					 used to comply with §
											RSA
					 12.600 of this title (relating to Auger
					 Mining: Additional Performance Standards).
(c) No permit shall be issued for any
					 operations covered by this section unless the Commission finds, in writing,
					 that in addition to meeting all other applicable requirements of this
					 subchapter (relating to Surface Coal Mining and Reclamation Operations Permits
					 and Coal Exploration Procedures Systems), the operation will be conducted in
					 compliance with §
											RSA
					 12.600 of this title (relating to Auger
					 Mining: Additional Performance Standards).
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 10 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 12.204 - Coal Processing Plants or Support Facilities Not Located Within the Permit Area of a Specified Mine

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
					 applies to any person who conducts or intends to conduct surface coal mining
					 and reclamation operations utilizing coal processing plants or support
					 facilities not within a permit area of a specific mine. Any person who operates
					 such a processing plant or support facility shall have obtained a permit from
					 the Commission in accordance with the requirements of this section.
(b) Any application for a permit for
					 operations covered by this section shall contain, in the mining and reclamation
					 plan, specific plans, including descriptions, maps and cross sections of the
					 construction, operation, maintenance and removal of the processing plants and
					 associated support facilities. The plan shall demonstrate that those operations
					 will be conducted in compliance with §§
											RSA
					 12.650 and
					 RSA
					 12.651 of this title (relating to Special
					 Permanent Program Performance Standards--Coal Processing Plants and Support
					 Facilities Not Located At or Near the Minesite Or Not Within the Permit Area
					 For a Mine).
(c) No permit shall be
					 issued for any operation covered by this section, unless the Commission finds,
					 in writing, that, in addition to meeting all other applicable requirements of
					 this subchapter (relating to Surface Coal Mining and Reclamation Operations
					 Permits and Coal Exploration Procedures Systems), the operations will be
					 conducted in compliance with the requirements of §§
											RSA
					 12.650 and
					 RSA
					 12.651 of this title (relating to Special
					 Permanent Program Performance Standards--Coal Processing Plants and Support
					 Facilities Not Located At or Near the Minesite Or Not Within the Permit Area
					 For a Mine).
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 10 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 12.205 - In Situ Processing Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies to any person who
					 conducts or intends to conduct surface coal mining and reclamation operations
					 utilizing in situ processing activities.
(b) Any application for a permit for
					 operations covered by this section shall be made according to all requirements
					 of this subchapter applicable to underground mining activities. In addition,
					 the mining and reclamation operations plan for operations involving in situ
					 processing activities shall contain information establishing how those
					 operations will be conducted in compliance with the requirements of
					 §§
											RSA
					 12.660 and
					 RSA
					 12.661 of this title (relating to Special
					 Permanent Program Performance Standards--In Situ Processing), including:
(1) delineation of proposed holes and wells
					 and production zone for approval of the Commission;
(2) specifications of drill holes and casings
					 proposed to be used;
(3) a plan for
					 treatment, confinement or disposal of all acid-forming, toxic-forming or
					 radioactive gases, solids, or liquids constituting a fire, health, safety or
					 environmental hazard caused by the mining and recovery process; and
(4) plans for monitoring surface and ground
					 water and air quality, as required by the Commission.
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 10 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 12.206 - Mining in Previously Mined Areas

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for a permit to conduct
					 surface coal mining operations on lands eligible for remining must comply with
					 this section.
(b) The application
					 shall be made according to all requirements of this subchapter applicable to
					 surface coal mining and reclamation operations and shall:
(1) to the extent not otherwise addressed in
					 the permit application, identify potential environmental and safety problems
					 related to prior mining activity at the site and that could be reasonably
					 anticipated to occur. This identification shall be based on a due diligence
					 investigation which shall include visual observations at the site, a record
					 review of past mining at the site, and environmental sampling tailored to
					 current site conditions; and
(2)
					 with regard to potential environmental and safety problems referred to in
					 paragraph (1) of this subsection, describe the mitigative measures that will be
					 taken to ensure that the applicable reclamation requirements of the regulatory
					 program will be met.
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 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 12.207 - Public Notices of Filing of Permit Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for a permit shall place an
					 advertisement in a local newspaper of general circulation in the locality of
					 the proposed surface coal mining and reclamation operations at least once a
					 week for four consecutive weeks. The applicant shall place the advertisement in
					 the newspaper at the same time the complete permit application is filed with
					 the Commission. The advertisement shall contain, at a minimum, the following
					 information:
(1) the name and business
					 address of the applicant;
(2) a map
					 or description which shall:
(A) clearly show
					 or describe towns, rivers, streams, or other bodies of water, local landmarks,
					 and any other information, including routes, streets, or roads and accurate
					 distance measurements, necessary to allow local residents to readily identify
					 the proposed permit area;
(B)
					 clearly show or describe the exact location and boundaries of the proposed
					 permit area;
(C) state the name of
					 the U.S. Geological Survey 7.5-minute quadrangle map(s) which contains the area
					 shown or described; and
(D) if a
					 map is used, indicate the north point;
(3) the location where a copy of the
					 application is available for public inspection under subsection (d)(1) of this
					 section;
(4) the name and address
					 of the Commission to which written comments, objections, or requests for a
					 public hearing or informal conference on the application may be submitted under
					 §§
												RSA
					 12.208-RSA
					 12.210 of this title (relating to Opportunity
					 for Submission of Written Comments on Permit Applications, to Right to File
					 Written Objections, and to Public Availability of Information in Permit
					 Applications on File With the Commission); and
(5) if an applicant seeks a permit to mine
					 within 100 feet of the outside right-of-way of a public road or to relocate or
					 close a public road, except where public notice and hearing has previously been
					 provided for this particular part of the road in accordance with §
												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), a
					 concise statement describing the public road, the particular part to be
					 relocated or closed, where the relocation or closure is to occur, and the
					 duration of the relocation or closure.
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 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 12.208 - Opportunity for Submission of Written Comments on Permit Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Written
					 comments on permit applications may be submitted to the Commission by the
					 public entities to whom notification is provided under §§
											RSA
					 12.207<subdiv>(b) and
					 (c)</subdiv> of this title (relating to Public
					 Notices of Filing of Permit Applications) with respect to the effects of the
					 proposed mining operations on the environment within their area of
					 responsibility.
(b) These comments
					 shall be submitted to the Commission within 30 days after the last publication
					 of the newspaper notice.
(c) The
					 Commission shall immediately transmit a copy of all such comments for filing
					 and public inspection at the public office where the applicant filed a copy of
					 the application for permit under §
											RSA
					 12.207<subdiv>(d)</subdiv> of
					 this title (relating to Public Notices of Filing of Permit Applications). A
					 copy shall also be transmitted to the applicant.
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 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 12.209 - Right To File Written Objections

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Any person whose interests are or may be adversely affected or an officer or
					 head of any federal, state, or local government agency or authority shall have
					 the right to file written objections to an initial or revised application for a
					 permit with the Commission, within 30 days after the last publication of the
					 newspaper notice required by §
											RSA
					 12.207<subdiv>(a)</subdiv> of
					 this title (relating to Public Notices of Filing of Permit
					 Applications).
(b) The Commission
					 shall, immediately upon receipt of any written objections:
(1) transmit a copy of them to the applicant;
					 and
(2) file a copy for public
					 inspection at the public office where the applicant filed a copy of the
					 application for permit under §
												RSA
					 12.207<subdiv>(d)</subdiv> of
					 this title.
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 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 12.210 - Public Availability of Information in Permit Applications on File with the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
					 provided by subsection (c) of this section, all applications for permits;
					 revisions; renewals; and transfers; assignments or sales of permit rights on
					 file with the Commission shall be available, at reasonable times, for public
					 inspection and copying.
(b) Except
					 as provided by subsection (c)(1) of this section, information pertaining to
					 coal seams, test borings, core sampling, or soil samples in permit applications
					 shall be made available for inspection and copying to any person with an
					 interest which is or may be adversely affected.
(c) Confidential information is limited to:
(1) information that pertains only to the
					 analysis of the chemical and physical properties of the coal to be mined,
					 except information on components of such coal which are potentially toxic in
					 the environment;
(2) information
					 required under §134.041 of the Act that is not on public file and that the
					 applicant has requested in writing to be held confidential; and
(3) information on the nature and location of
					 archeological resources on public land and Indian land shall be kept
					 confidential as required under the Archeological Resources Protection Act of
					 1979 (Pub. L. 96-95, 93 Stat. 721,
					 RSA
					 470).
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 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 12.211 - Public Hearing on Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Within 45 days after the last publication
					 of the required newspaper notice, the applicant or any person with an interest
					 which is or may be adversely affected may request a hearing on the application.
					 During this time, the Commission may, on its own motion, call a
					 hearing.
(b) Where a hearing is
					 requested pursuant to subsection (a) of this section, it shall be held, within
					 30 days after the request is received or the determination made, in the
					 locality of the proposed surface mining and reclamation operations unless
					 otherwise agreed to by all persons expressing an interest.
(c) Any person having a valid legal interest
					 or an interest which is or may be adversely affected by any Commission action
					 taken or proposed on any application or existing permit, may request informal
					 consideration or disposition of the matter in accordance with
					 §§2001.051, 2001.052, 2001.056, 2001.057, 2001.059, and 2001.141 of
					 the APA.
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 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 12.212 - Notice of Public Hearing on Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission shall publish notice of
					 the public hearing in a local newspaper of general circulation in the locality
					 of the proposed surface coal mining and reclamation operations at least once a
					 week for three consecutive weeks prior to the scheduled hearing date.
(b) The notice shall contain the following
					 information:
(1) the name and address of the
					 applicant;
(2) the date, time and
					 nature of the hearing;
(3) a
					 statement of the legal authority and jurisdiction under which the hearing is to
					 be held; and
(4) a short and plain
					 statement of the matters asserted.
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 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 12.213 - Continuance

Current through Reg. 49, No. 28; July 12, 2024
The hearings examiner conducting the hearing may continue
						the hearing without the necessity of publishing, serving, mailing or otherwise
						issuing a new notice, by simply making an announcement at the hearing prior to
						recessing or reconvention, of the date, time and place for the hearing to
						reconvene. If a hearing is continued and a time and place for the hearing is
						not publicly announced at the hearing by the hearings examiner before it is
						recessed, a notice of any further setting of the hearing shall be mailed to
						those parties in attendance at the hearing and to all other parties whom the
						Commission has reason to believe should be notified at least ten days prior to
						the date of the hearing.
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 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 12.214 - Transcript

Current through Reg. 49, No. 28; July 12, 2024
A verbatim transcript and complete record of the
						proceedings of each public hearing shall be retained by the Commission. On
						request, the Commission shall transcribe all or part of any such proceedings
						and shall furnish a verbatim transcript within a reasonable time to the
						requesting party; provided that the Commission may charge a fee based on the
						estimated cost of the service of transcribing and printing the requested
						material.
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 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 12.215 - Review of Permit Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission shall:
(1) review the complete application and
					 written comments, written objections submitted, and the record of any public
					 hearing held under §§
												RSA
					 12.208-
					 RSA 12.214
					 of this title (relating to Opportunity for Submission of Written Comments on
					 Permit Applications; Right to File Written Objections; Public Availability of
					 Information in Permit Applications on File with the Commission; Public Hearing
					 on Application; Notice of Public Hearing on Application; Continuance; and
					 Transcript);
(2) determine the
					 adequacy of the fish and wildlife plan submitted pursuant to §
												RSA
					 12.144 or §
												RSA
					 12.195 of this title (relating to Fish and
					 Wildlife Plan), in consultation with state and federal fish and wildlife
					 management and conservation agencies having responsibilities for the management
					 and protection of fish and wildlife or their habitats which may be affected or
					 impacted by the proposed surface coal mining and reclamation
					 operations;
(3) based on an
					 administratively complete application, enter into AVS:
(A) the information required to be submitted
					 under §12.116(b) and (c) or §
													RSA
					 12.156<subdiv>(b) and
					 (c)</subdiv> of this title (relating to
					 Identification of Interests and Compliance Information); and
(B) the information submitted under §
													RSA
					 12.116<subdiv>(e)</subdiv> or
					 §
													RSA
					 12.156<subdiv>(e)</subdiv> of
					 this title pertaining to violations which are unabated or uncorrected after the
					 abatement or correction period has expired; and
(4) update the information referred to in
					 paragraph (3) of this subsection in AVS upon verification of any additional
					 information submitted or discovered during the permit application
					 review.
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 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 12.217 - Criteria for Permit Approval or Denial: Existing Structures

Current through Reg. 49, No. 28; July 12, 2024
(a) No application
					 for a permit or revision which proposes to use an existing structure in
					 connection with or to facilitate the proposed surface coal mining and
					 reclamation operation shall be approved, unless the applicant demonstrates and
					 the Commission finds, in writing, on the basis of information set forth in the
					 complete application that:
(1) if the
					 applicant proposes to use an existing structure in accordance with exemption
					 provided in §
												RSA
					 12.9<subdiv>(c)(1)(A)</subdiv> of
					 this title (relating to Applicability):
(A)
					 the structure meets the performance standards of the Act and Subchapter K of
					 this chapter (relating to Permanent Program Performance Standards);
					 and
(B) no significant harm to the
					 environment or public health or safety will result from use of the
					 structure;
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 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 12.218 - Permit Approval or Denial Actions

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The Commission shall approve, require modification of, or deny all applications
					 for permits under regulatory programs on the basis of:
(1) complete applications for permits and
					 revisions or renewals thereof;
(2)
					 public participation as provided for in this subchapter (relating to Surface
					 Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures
					 Systems);
(3) Compliance with any
					 applicable provisions of §§
												RSA
					 12.200-RSA
					 12.205 of this title (relating to
					 Requirements for Permits for Special Categories of Mining); and
(4) Processing and review of applications as
					 required by §§
												RSA
					 12.207-RSA
					 12.221 of this title (relating to Review,
					 Public Participation, and Approval of Permit Applications and Permit Terms and
					 Conditions).