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(ii) retail or trade of goods or services, including
hotels, motels, stores, restaurants, and other commercial establishments.
Land used for facilities in support of commercial operations which
is adjacent to or an integral part of these operations is also included.
Support facilities include, but are not limited to, parking, storage
or shipping facilities.
(G) Recreation. Land used for public or private leisure-time
use, including developed recreation facilities such as parks, camps,
and amusement areas, as well as areas for less intensive uses such
as hiking, canoeing, and other undeveloped recreational uses.
(H) Fish and wildlife habitat. Land dedicated wholly
or partially to the production, protection or management of species
of fish or wildlife.
(I) Developed water resources. Includes land used for
storing water for beneficial uses, such as stockponds, irrigation,
fire protection, flood control, and water supply.
(J) Undeveloped land or no current use or land management.
Land that is undeveloped or, if previously developed, land that has
been allowed to return naturally to an undeveloped state or has been
allowed to return to forest through natural succession.
(100) Materially damage the quantity or quality of
water--With respect to alluvial valley floors, changes in the quality
or quantity of the water supply to any portion of an alluvial valley
floor where such changes are caused by surface coal mining and reclamation
operations and result in changes that significantly and adversely
affect the composition, diversity, or productivity of vegetation dependent
on subirrigation, or which result in changes that would limit the
adequacy of the water for flood irrigation of the irrigable land acreage
existing prior to mining.
(101) Mining area--As used in §§12.25 - 12.33
of this title, an individual excavation site or pit from which coal,
other minerals, and overburden are removed.
(102) Moist bulk density--The weight of soil (oven
dry) per unit volume. Volume is measured when the soil is at field
moisture capacity (1/3 bar moisture tension). Weight is determined
after drying the soil at 105 degrees C.
(103) Monitoring--The collection of environmental data
by either continuous or periodic sampling methods.
(104) Mulch--Vegetation residues or other suitable
materials that aid in soil stabilization and soil moisture conservation,
thus providing micro-climatic conditions suitable for germination
and growth.
(105) Natural hazard lands--Geographic areas in which
natural conditions exist which pose or, as a result of surface coal
mining operations, may pose a threat to the health, safety or welfare
of people, property or the environment, including areas subject to
landslides, cave-ins, large or encroaching sand dunes, severe wind
or soil erosion, frequent flooding, avalanches and areas of unstable
geology.
(106) Noxious plants--Species that have been included
on official Texas list of noxious plants.
(107) Occupied dwelling--Any building that is currently
being used on a regular or temporary basis for human habitation.
(108) Office--The Office of Surface Mining Reclamation
and Enforcement, within the U.S. Department of the Interior, established
under Title II of the Federal Act.
(109) Operator--Any person engaged in coal mining who
removes or intends to remove more than 250 tons of coal from the earth
or from coal refuse piles by mining within 12 consecutive calendar
months in any one location.
(110) Other minerals--As used in §§12.25
- 12.33 of this title, any commercially valuable substance mined for
its mineral value, excluding coal, topsoil, waste, and fill material.
(111) Other treatment facility--Any chemical treatments,
such as flocculation or neutralization, or mechanical structures,
such as clarifiers or precipitators, that have a point source discharge
and are utilized:
(A) to prevent additional contributions of dissolved
or suspended solids to streamflow or runoff outside the permit area;
or
(B) to comply with all applicable state and federal
water-quality laws and regulations.
(112) Outslope--The face of the spoil or embankment
sloping downward from the highest elevation to the toe.
(113) Overburden--Material of any nature, consolidated
or unconsolidated, that overlies a coal deposit, excluding topsoil.
(114) Own, owner, or ownership--A sole proprietor or
owner of record in excess of 50 percent of the voting securities or
other instruments of ownership of an entity. Does not apply in context
of ownership of real property.
(115) Owner of record or ownership interest of record--The
owner and address as shown in the tax records of the Texas Assessor-Collector
of taxes for the county where the property is located.
(116) Perennial stream--A stream or part of a stream
that flows continuously during all of the calendar year as a result
of ground-water discharge or surface runoff. The term does not include
intermittent stream or ephemeral stream.
(117) Performance bond--A surety bond, collateral bond
or self-bond or a combination thereof, by which a permittee assures
faithful performance of all the requirements of the Act, this chapter,
and the requirements of the permit and reclamation plan.
(118) Performing any function or duty under this Act--Those
decisions or actions, which if performed or not performed by an employee,
affect the programs under the Act.
(119) Permanent diversion--A diversion remaining after
surface coal mining and reclamation operations are completed which
has been approved for retention by the Commission and other appropriate
state and federal agencies.
(120) Permanent impoundment--An impoundment which is
approved by the Commission and, if required, by other state and federal
agencies for retention as part of the postmining land use.
(121) Permit--A permit to conduct surface coal mining
and reclamation operations issued by the Commission.
(122) Permit area--The area of land and water indicated
on the map submitted by the operator with the application, as approved
by the Commission, which area shall be covered by the operator's bond
as required by §§134.121 - 134.127 of the Act and shall
be readily identifiable by appropriate markers on the site. This area
shall include, at a minimum, all areas which are or will be affected
by the surface coal mining and reclamation operations during the term
of the permit.
(123) Permittee--A person holding or required by the
Act or this chapter to hold a permit to conduct surface or underground
coal mining and reclamation operations issued by the Commission.
(124) Person--An individual, partnership, society,
joint stock company, firm, company, corporation, business organization,
governmental agency, or any organization or association of citizens.
(125) Person having an interest which is or may be
adversely affected or person with a valid legal interest--Shall include
any person:
(A) who uses any resources of economic, recreational,
esthetic, or environmental value that may be adversely affected by
coal exploration or surface coal mining and reclamation operations
or any related action of the Commission; or
(B) whose property is or may be adversely affected
by coal exploration or surface coal mining and reclamation operations
or any related action of the Commission.
(126) Precipitation event--A quantity of water resulting
from drizzle, rain, snow, sleet, or hail in a limited period of time.
It may be expressed in terms of recurrence interval. As used in these
regulations, precipitation event also includes that quantity of water
emanating from snow cover as snowmelt in a limited period of time.
(127) Previously mined area--Land affected by surface
coal mining operations prior to August 3, 1977, that has not been
reclaimed to the standards of this Chapter.
(128) Prime farmland--Those lands which are defined
by the Secretary of Agriculture in 7 CFR 657 and which have been historically
used for cropland.
(129) Principal shareholder--Any person who is the
record or beneficial owner of 10% or more of any class of voting stock.
(130) Probable cumulative impacts--The expected total
qualitative, and quantitative, direct and indirect effects of mining
and reclamation activities on the hydrologic regime.
(131) Probable hydrologic consequences--The projected
result of proposed surface coal mining and reclamation operations
which may reasonably be expected to change the quantity or quality
of the surface- or ground-water flow, timing and pattern; the stream-channel
conditions; and the aquatic habitat on the permit area and other affected
areas.
Cont'd... |
