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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 12COAL MINING REGULATIONS
SUBCHAPTER GSURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS
DIVISION 2GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS
RULE §12.107Permit Applications: General Requirements for Format and Contents

(a) Applications for permits to conduct surface coal mining and reclamation operations shall be filed in the format required by the Commission. The application shall be complete and include, at a minimum: for surface mining activities, all the applicable information required under §§12.116-12.123, 12.124-12.138, and 12.139-12.154 of this title (relating to Surface Mining Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and Related Information, to Surface Mining Permit Applications--Minimum Requirements for Information on Environmental Resources, and to Surface Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan); for underground mining activities, all the information required under §§12.155-12.163, 12.170-12.184, and 12.185-12.199 of this title (relating to Underground Mining Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and Related Information, to Underground Mining Permit Applications Applications--Minimum Requirements for Information on Environmental Resources, and Underground Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan); and, for special types of surface coal mining and reclamation operations, all the information required under §§12.200-12.205 of this title (relating to Requirements for Permits for Special Categories of Mining).

(b) Information set forth in the application shall be current, presented clearly and concisely, and supported by appropriate references to technical and other written material available to the Commission.

(c) All technical data submitted in the application shall be accompanied by:

  (1) names of persons or organizations which collected and analyzed such data;

  (2) dates of the collection and analyses; and

  (3) descriptions of methodology used to collect and analyze the data.

(d) Technical analyses shall be planned by or under the direction of a professional qualified in the subject to be analyzed.

(e) The application shall contain the name, address and position of officials of each private or academic research organization or governmental agency consulted by the applicant in preparation of the application for information on land uses, soils, geology, vegetation, fish and wildlife, water quantity and quality, air quality, and archeological, cultural, and historic features.

(f) Maps and plans shall meet the following general requirements:

  (1) maps submitted with applications shall be presented in a consolidated format, to the extent possible, and shall include all the types of information that are set forth on topographic maps of the U.S. Geological Survey of the 1:24,000 scale series. Maps of the permit area shall be at a scale of 1:6,000 or larger. Maps of the adjacent area shall clearly show the lands and waters within those areas and be in a scale of 1:24,000 or larger; and

  (2) all maps and plans submitted with the application shall distinguish among each of the phases during which surface coal mining operations were or will be conducted at any place within the mine plan area. At a minimum, distinctions shall be clearly shown among those portions of the mine plan area in which surface coal mining operations occurred:

    (A) prior to August 3, 1977;

    (B) after August 3, 1977, and prior to either:

      (i) May 3, 1978; or

      (ii) in the case of an applicant or operator which obtained a small operator's exemption under 30 CFR 710.12, January 1, 1979;

    (C) after May 3, 1978 (or January 1, 1979, for persons who received a small operator's exemption) and prior to state program approval; and

    (D) After the estimated date of issuance of a permit by the Commission.

(g) Applications for permits shall be verified under oath, by a responsible official of the applicant, that the information contained in the application is true and correct to the best of the official's information and belief.


Source Note: The provisions of this §12.107 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640.

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