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 3 - GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 12.112 - Applications: Approval or Disapproval of Exploration of More Than 250 Tons of Coal or That Will Occur on Land Designated as Unsuitable for Surface Coal Mining Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 Commission shall act upon a completed application for approval within 45 days
					 of the date of submission.
(b) The
					 Commission shall approve a complete application filed in accordance with
					 §§12.109-12.111, this section, and §§
											RSA
					 12.113-RSA
					 12.115 of this title (relating to General
					 Requirements for Coal Exploration), if it finds, in writing, that the applicant
					 has demonstrated that the exploration and reclamation described in the
					 application:
(1) will be conducted in
					 accordance with the Act, §§12.109-12.111, this section, and
					 §§
												RSA
					 12.113-RSA
					 12.115 of this title (relating to General
					 Requirements for Coal Exploration) and §§
												RSA
					 12.325-RSA
					 12.328 of this title (relating to Permanent
					 Program Performance Standards--Coal Exploration);
(2) will not jeopardize the continued
					 existence of an endangered or threatened species listed pursuant to Section 4
					 of the Endangered Species Act of 1973 (RSA
					 1533) or result in the destruction or adverse
					 modification of critical habitat of those species;
(3) will not adversely affect any cultural
					 resources or districts, sites, buildings, structures, or objects listed or
					 eligible for listing on the National Register of Historic Places, unless the
					 proposed exploration has been approved by both the Commission and the agency
					 with jurisdiction over such matters; and
(4) with respect to exploration activities on
					 any lands protected under §
												RSA
					 12.71<subdiv>(a)</subdiv> of this
					 title (relating to Areas Where Surface Coal Mining Operations are Prohibited Or
					 Limited), minimize interference, to the extent technologically and economically
					 feasible, with the values for which those lands were designated as unsuitable
					 for surface coal mining operations. Before making this finding, the Commission
					 must provide reasonable opportunity to the owner of the feature causing the
					 land to come under the protection of §
												RSA
					 12.71<subdiv>(a)</subdiv> of this
					 title, and, when applicable, to the agency with primary jurisdiction over the
					 feature with respect to the values that caused the land to come under the
					 protection of §
												RSA
					 12.71<subdiv>(a)</subdiv> of this
					 title, to comment on whether the finding is appropriate.
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 3 - GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 12.113 - Applications: Notice and Hearing for Exploration of More Than 250 Tons

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
					 shall notify the applicant and the appropriate local government officials, and
					 other commenters on the application, in writing, of its decision to approve or
					 disapprove the application. If the application is disapproved, the notice to
					 the applicant shall include a statement of the reason for disapproval. The
					 Commission shall provide public notice of approval or disapproval of each
					 application by publication in a newspaper of general circulation in the general
					 vicinity of the proposed operations.
(b) Any persons with interests which are or
					 may be adversely affected by a decision of the Commission pursuant to
					 subsection (a) of this section, shall have the opportunity for administrative
					 and judicial review as set forth in §§
											RSA
					 12.222 and
					 RSA
					 12.223 of this title (relating to
					 Administrative and Judicial Review of Decisions by Commission on 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 3 - GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 12.114 - Coal Exploration Compliance Duties

Current through Reg. 49, No. 28; July 12, 2024
(a) All coal exploration and reclamation
					 which substantially disturbs the natural land surface or which removes more
					 than 250 tons of coal shall be conducted in accordance with the coal
					 exploration requirements of the Act, §§12.109-12.113, this section,
					 and §
											RSA
					 12.115 of this title (relating to General
					 Requirements for Coal Exploration) and §§
											RSA
					 12.325-RSA
					 12.328 of this title (relating to Permanent
					 Program Performance Standards--Coal Exploration), and any conditions on
					 approval for exploration and reclamation imposed by the Commission.
(b) Any person who conducts any coal
					 exploration in violation of §134.014 of the Act, the provisions of
					 §§12.109-12.113, this section, and §
											RSA
					 12.115 of this title (relating to General
					 Requirements for Coal Exploration) or §§
											RSA
					 12.325-RSA
					 12.328 of this title (relating to Permanent
					 Program Performance Standards--Coal Exploration), shall be subject to the
					 provisions of §§134.174-134.181 of the Act, and Subchapter L of this
					 chapter (relating to Permanent Program Inspection and Enforcement
					 Procedures).
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 3 - GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 12.115 - Public Availability of Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsection (b) of
					 this section, all information submitted to the Commission under this section
					 and §§
											RSA
					 12.109-RSA
					 12.114 of this title (relating to General
					 Requirements for Coal Exploration) shall be made available for public
					 inspection and copying at the local offices of the Commission closest to the
					 exploration area.
(b)
					 Confidentiality shall be governed as follows:
(1) the Commission shall not make information
					 available for public inspection if the person submitting it requests in
					 writing, at the time of submission, that it not be disclosed and the Commission
					 determines that the information is confidential.
(2) the Commission shall determine that
					 information is confidential only if it concerns trade secrets or is privileged
					 commercial or financial information which relates to the competitive rights of
					 the person intending to conduct coal exploration.
(3) information requested to be held as
					 confidential under this section shall not be made publicly available until
					 after notice and opportunity to be heard is afforded both persons seeking and
					 opposing disclosure of the 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 4 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 12.116 - 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 4 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 12.117 - 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 surface 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) Where the
					 private mineral estate to be mined has been severed from the private surface
					 estate, the application shall also provide, for lands 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 the 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 4 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 12.118 - 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 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
					 paragraph (4)(B) of §
											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 surface
					 mining activities.
(c) If an
					 applicant proposes to conduct surface mining activities within 100 feet of a
					 public road or within 300 feet of an occupied dwelling, the application 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).
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 4 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 12.119 - 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 surface mining activities and the anticipated number
					 of acres of land to be affected for each phase of mining and over the total
					 life of the permit.
(b) If the
					 applicant proposes to conduct the surface mining activities in excess of 5
					 years, the application shall contain the information needed for the showing
					 required under §
											RSA
					 12.219<subdiv>(a)</subdiv> 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 4 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 12.120 - Personal Injury and Property Damage Insurance Information

Current through Reg. 49, No. 28; July 12, 2024
Each permit 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 4 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 12.121 - 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 surface
						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 4 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 12.122 - 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
						complete application for public inspection.
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 4 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION › Section 12.123 - 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<subdiv>(a)</subdiv> 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 5 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 12.124 - 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 surface
						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 5 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 12.125 - 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 and adjacent areas for which it is anticipated that
					 individual permits for mining will be requested over the estimated total life
					 of the proposed surface 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 from
					 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
					 investigation; 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 5 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 12.126 - 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 5 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 12.127 - Geology Description

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 description shall include, at a minimum:
(1)
					 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;
(2) the areal and structural geology of the
					 permit and adjacent areas and other geologic parameters which influence the
					 required reclamation; and
(3) the
					 occurrence, availability, movement, quantity, and quality of potentially
					 impacted surface and ground waters.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 5 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 12.128 - 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 area and adjacent area, 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 5 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 12.129 - 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 flow 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 surface
					 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 5 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 12.130 - Alternative Water Supply Information

Current through Reg. 49, No. 28; July 12, 2024
The application shall identify the extent to which the
						proposed surface mining activities may proximately result in contamination,
						diminution, or interruption of an underground or surface source of water within
						the proposed permit or adjacent areas which is used for domestic, agricultural,
						industrial, or other legitimate use. If contamination, diminution, or
						interruption may result, then the application shall identify the alternative
						sources of water supply that could be developed to replace the existing water
						sources, including the suitability of alternative water sources for existing
						premine uses and approved postmine land uses.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 5 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 12.131 - 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 5 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 12.132 - 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
					 proposed permit area and within any proposed reference area. This description
					 shall include information adequate to predict the potential for reestablishing
					 vegetation.
(b) When a map 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
					 12.133 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 5 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 12.133 - 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
					 12.144 of this title (relating to Fish and
					 Wildlife Plan).
(2) Site-specific
					 resource information necessary to address the respective species or habitats
					 shall be required when the permit area or adjacent area is likely to include:
(A) listed or proposed endangered or
					 threatened species of plants or animals or their critical habitats listed by
					 the Secretary under the Endangered Species Act of 1973, as amended
					 (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 5 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 12.134 - Soil Resources Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 applicant shall provide adequate soil survey information for the permit area
					 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 5 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 12.135 - 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 within the proposed permit area, including:
(1) a map and supporting narrative of the
					 uses of the land existing at the time of the filing of the application. If the
					 premining use of the land was changed within 5 years before the anticipated
					 date of beginning the proposed operations, the historic use of the land shall
					 also be described;
(2) a narrative
					 of land capability and productivity, which analyzes the land-use description
					 under this section in conjunction with other environmental resources
					 information required under §§
												RSA
					 12.124-RSA
					 12.138 of this title (relating to Surface
					 Mining Permit Applications--Minimum Requirements for Information on
					 Environmental Resources). The narrative shall provide analyses of:
(A) the capability of the land before any
					 mining to support a variety of uses, giving consideration to soil and
					 foundation characteristics, topography, vegetative cover and the hydrology of
					 the proposed permit area; and
(B)
					 the productivity of the proposed permit area before mining, expressed as
					 average yield of food, fiber, forage, or wood products from such lands obtained
					 under high levels of management. The productivity shall be determined by yield
					 data or estimates for similar sites based on current data from the U.S.
					 Department of Agriculture, state agricultural universities or appropriate state
					 natural resource or agricultural agencies.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 5 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 12.136 - 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 surface mining activities;
(3) the boundaries of all areas proposed to
					 be affected over the estimated total life of the proposed surface 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 on 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 water 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 mine plan 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 on the National Register of Historic Places, and known archeological
					 sites within the mine plan 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 mine plan 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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 5 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 12.137 - Cross Sections, Maps, and Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) The application shall include cross
					 sections, maps, and plans showing:
(1)
					 elevations and locations of test borings and core samplings;
(2) elevations and locations of monitoring
					 stations used to gather data for water quality and quantity, fish and wildlife,
					 and air quality, if required, in preparation of the application;
(3) nature, depth, and thickness of the coal
					 seams to be mined, any coal or rider seams above the seam to be mined, each
					 stratum of the overburden, and the stratum immediately below the lowest coal
					 seam to be mined;
(4) all coal crop
					 lines and the strike and dip of the coal to be mined within the proposed permit
					 area;
(5) location and extent of
					 known workings of active, inactive, or abandoned underground mines, including
					 mine openings to the surface within the proposed permit and adjacent
					 areas;
(6) location and extent of
					 subsurface water, if encountered, within the proposed permit and adjacent
					 areas;
(7) location of surface
					 water bodies such as streams, lakes, ponds, springs, constructed or natural
					 drains, and irrigation ditches within the proposed permit and adjacent
					 areas;
(8) location and extent of
					 existing or previously surface-mined areas within the proposed permit
					 area;
(9) location and dimensions
					 of existing areas of spoil, waste, and noncoal waste disposal, dams,
					 embankments, other impoundments, and water-treatment and air-pollution control
					 facilities within the proposed permit area;
(10) location, and depth if available, of gas
					 and oil wells within the proposed permit area and water wells in the permit
					 area and adjacent area; and
(11)
					 sufficient slope measurements to adequately represent the existing land surface
					 configuration of the proposed permit area, measured and recorded according to
					 the following:
(A) each measurement shall
					 consist of an angle of inclination along the prevailing slope extending 100
					 linear feet above and below or beyond the coal outcrop or the area to be
					 disturbed or, where this is impractical, at locations specified by the
					 Commission;
(B) where the area has
					 been previously mined, the measurements shall extend at least 100 feet beyond
					 the limits of mining disturbances, or any other distance determined by the
					 Commission to be representative of the pre-mining configuration of the land;
					 and
(C) slope measurements shall
					 take into account natural variations in slope, to provide accurate
					 representation of the range of natural slopes and reflect geomorphic
					 differences of the area to be disturbed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS › Division 5 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 12.138 - Prime Farmland Investigation

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The applicant shall conduct a pre-application investigation of the proposed
					 permit area 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
					 12.137<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 no 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 lands
					 within the permit area, 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 6 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.139 - 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 facilities is necessary for postmining land use as specified
					 in §
											RSA
					 12.133 of this title (relating to Fish and
					 Wildlife Resources Information):
(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, and noncoal waste removal, handling, storage, transportation,
					 and disposal areas and structures;
(E) mine facilities; and
(F) water- and air-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 6 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.140 - 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 6 - SURFACE MINING PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN › Section 12.141 - Operation Plan: Blasting

Current through Reg. 49, No. 28; July 12, 2024
Each application shall contain a blasting plan for the
						proposed permit area, explaining how the applicant will comply with the
						requirements of §§
											RSA
						12.357-RSA
						12.360 and
						RSA
						12.362 of this title (relating to Use of
						Explosives: General Requirements, to Use of Explosives: Pre-Blasting Survey, to
						Use of Explosives: Blasting Schedule, to Use of Explosives: Control of Adverse
						Effects, and to Use of Explosives: Records of Blasting Operations) and
						including the following:
(1) types and
					 approximate amounts of explosives to be used for each type of blasting
					 operation to be conducted;
(2)
					 description of procedures and plans for recording and retention of information
					 on the following during blasting:
(A)
					 drilling patterns, including size, number, depths, and spacing of
					 holes;
(B) charge and packing of
					 holes;
(C) types of fuses and
					 detonation controls; and
(D)
					 sequence and timing of firing holes;
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 12.142 - Operation Plan: Maps and Plans

Current through Reg. 49, No. 28; July 12, 2024
Each application shall contain maps and plans of the
						proposed permit and adjacent areas as follows:
(1) The maps and plans shall show the lands
					 proposed to be affected throughout the operation and any change in a facility
					 or feature to be caused by the proposed operations, if the facility or feature
					 was shown under §§
											RSA
					 12.136 and
					 RSA
					 12.137 of this title (relating to Maps:
					 General Requirements, and to Cross Sections, Maps, and Plans).
(2) The following shall be shown for the
					 proposed permit area unless specifically required for the permit and adjacent
					 area by the requirements of this section:
(A)
					 buildings, utility corridors and facilities to be used;
(B) the area of land to be affected within
					 the proposed permit area, according to the sequence of mining and
					 reclamation;
(C) each area of land
					 for which a performance bond or other equivalent guarantee will be posted under
					 Subchapter J of this chapter (relating to Bond and Insurance Requirements for
					 Surface Coal Mining and Reclamation Operations);
(D) each coal storage, cleaning and loading
					 area;
(E) each topsoil, spoil, coal
					 waste, and noncoal waste storage area;
(F) each water diversion, collection,
					 conveyance, treatment, storage, and discharge facility to be used;
(G) each air-pollution collection and control
					 facility;
(H) each source of waste
					 and each waste-disposal facility relating to coal processing or pollution
					 control;
(I) each facility to be
					 used to protect and enhance fish and wildlife and related environmental
					 values;
(J) each explosive
					 storage-and-handling facility; and
(K) location of each sedimentation pond,
					 permanent water impoundment, coal processing waste bank, and coal processing
					 waste dam and embankment, in accordance with §
												RSA
					 12.148 of this title (relating to Reclamation
					 Plan: Ponds, Impoundments, Banks, Dams, and Embankments), and fill area for the
					 disposal of excess spoil in accordance with §
												RSA
					 12.153 of this title (relating to Disposal of
					 Excess Spoil).