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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 11SURFACE MINING AND RECLAMATION DIVISION
SUBCHAPTER CSUBSTANTIVE RULES--URANIUM EXPLORATION AND SURFACE MINING
DIVISION 7DESIGNATION OF LANDS UNSUITABLE FOR SURFACE MINING
RULE §11.161Procedure for Petition

Any person wishing to have an area designated as unsuitable for surface mining operations or to have such designation terminated shall file four copies of a petition with the commission. Such petition shall contain the following.

  (1) A map, which shall be a topographical map of a scale no smaller than one inch equal to 500 feet showing the location of the area on which the petition is filed.

  (2) A statement disclosing all property or other interests in the land covered by the petition or in any other lands within five miles which are owned or held, directly or indirectly, by the petitioner or any member of his family.

  (3) A listing of local governmental bodies, planning agencies, sewage and water treatment authorities, or water companies having jurisdiction over or in the locality of the proposed designation and people residing within the boundaries of the proposed designation.

  (4) If the petition is for the purpose of designating an area unsuitable for surface mining, a statement setting forth the types of surface mining that will cause the adverse impact and how the surface mining methods will cause an adverse impact.

  (5) A statement setting forth, in detail, all facts on which the petition is based.

  (6) Documentary or other evidence in support of the facts alleged in the petition.

  (7) If the petition is for the purpose of terminating an unsuitable designation, a detailed statement setting forth:

    (A) the potential ore or other resources of the area;

    (B) the demand for such resources; and

    (C) the impact of a designation of the land unsuitable for surface mining on the environment, the economy, and the supply of the minerals identified in this section.


Source Note: The provisions of this §11.161 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective October 31, 1980, 5 TexReg 4175.

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