Texas Administrative Code

Texas Administrative Code

TITLE 16	ECONOMIC REGULATION
PART 1	RAILROAD COMMISSION OF TEXAS
CHAPTER 11	SURFACE MINING AND RECLAMATION DIVISION
SUBCHAPTER C	SUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING
DIVISION 4	TERMINATION, SUSPENSION, REVISION, AND CORRECTION OF PERMITS
RULE §11.114	Revision on Motion or with Consent

On the initiative of a holder of a permit or upon request of the commission the permit holder may file an application to revise the permit.

(1) A document shall be prepared setting forth the revisions desired. The holder of a permit shall use the form of an application for a permit and indicate thereon the changes requested. The manner of preparation of the application for a revision of a permit and the information submitted shall conform to the requirements of §11.92 of this title (relating to Surface Mining Permit Application) and §11.93 of this title (relating to Elements of Surface Mining Permit Application).

(2) Within five days after receiving the application for revision, the commission shall determine whether or not the application for revision proposes a substantial change in the intended use of the land or significant alteration in the reclamation plan.

(3) Any application for revision of a permit which proposes a substantial change in the intended future use of the land or significant alteration in the reclamation plan shall comply with the notice and hearing requirements set out in §§11.31-11.37 of this title (relating to Notice and Hearing) and shall be approved or disapproved by the commission within 60 days of the date the commission determines whether or not the application is of significance sufficient to warrant a public hearing.

(4) Any extensions to the area covered by a permit, other than incidental boundary revisions, shall be made by application for another permit.

(5) Determinations by the commission of a revision of a permit shall be made in conformity with §11.51 of this title (relating to Decision after Public Hearing) and §11.52 of this title (relating to Decision without Public Hearing) and the procedure established for notification of disapproval of an application for a revision and method of appeal of the decision provided for in §11.52 of this title.

Source Note: The provisions of this §11.114 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1980, 5 TexReg 4175; amended to be effective November 1, 2010, 35 TexReg 9724