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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 2DEFINITIONS
RULE §11.82Regulatory Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Access roads--All roads located within the permit area and under the control of the operator of the surface mining operation.

  (2) Act--The Texas Uranium Exploration, Surface Mining, and Reclamation Act, Texas Natural Resources Code, Chapter 131, et seq.

  (3) Administrative Procedure Act; APA--Texas Government Code, Chapter 2001.

  (4) Applicant--A person who is applying for a new permit or an amendment to or a renewal or transfer of a current permit.

  (5) Contiguous area--Includes all areas touching upon the boundaries of the land affected by the surface mining operation which the operator proposes to surface mine notwithstanding areas separated by terrain features such as streams, roads, gas lines, and power transmission lines.

  (6) Director--The director of the Surface Mining and Reclamation Division or the director's delegate.

  (7) Division--The Surface Mining and Reclamation Division of the Commission or its director or employees.

  (8) Drilling completion--The time at which total drilling depth has been reached and the exploration borehole has been logged.

  (9) Examiner--The person appointed by the Commission to conduct hearings.

  (10) Exploration borehole--An uncased hole created with a drill, auger, or other boring tool for exploring strata in search of uranium deposits.

  (11) Exploration reclamation--The process of restoring an area affected by activities conducted under a uranium exploration permit to its original or other substantially beneficial condition.

  (12) Highwall--The vertical or nearly vertical wall of exposed strata adjacent to the site of a mineral deposit which results from surface mining excavation.

  (13) Permit--A surface mining permit, as defined in this section, or a uranium exploration permit, as defined in this section.

  (14) Rules--The regulations promulgated by the commission pursuant to the authority of the Texas Uranium Exploration, Surface Mining, and Reclamation Act.

  (15) Terracing--Grading where the steepest contour of the highwall shall not be at a greater angle from the horizontal than that set by the commission in approving a specific reclamation plan calling for terracing with the table portion of the restored area flat and a flat terrace without depressions to hold water and with adequate provision for drainage, unless otherwise approved by the commission.

  (16) Uranium exploration permit--The written certification by the Commission that the named entity may conduct the uranium exploration activities described in the certification during the term of the permit and in the manner and subject to the conditions established in the certification. A uranium exploration permit does not include:

    (A) a uranium surface mining permit issued by the Commission pursuant to this chapter; or

    (B) a permit issued by the Texas Commission on Environmental Quality pursuant to Texas Water Code, §27.011 and §27.0513.

  (17) Usable quality water--Groundwater that is used or can be used for a beneficial purpose including, but not limited to, domestic, livestock, or irrigation uses.

  (18) Well--Any excavation that is drilled, cored, bored, washed, fractured, driven, dug, jetted, or otherwise constructed for the intended use of locating, monitoring, dewatering, depressurizing, observing, diverting, or acquiring groundwater, or for conducting pumping or aquifer tests.

  (19) Well completion--Activities undertaken as a part of well installation to render the well usable for its intended purpose. Well completion includes, at a minimum, the installation of casing; sealing the well annulus to the ground surface; and capping the well.


Source Note: The provisions of this §11.82 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

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