Texas Natural Resources Code

§ 134.107 — PERMIT WITHOUT REGARD TO REQUIREMENT TO RESTORE TO APPROXIMATE ORIGINAL CONTOUR

NR § 134.107Title 4. MINES AND MINING · Ch. 134. TEXAS SURFACE COAL MINING AND RECLAMATION ACT · Art. E. PERFORMANCE STANDARDS

Statute text

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(a)The commission may grant a permit, without regard to the requirement to restore to approximate original contour set forth in Section 134.092(a)(3) or 134.108(a)(2), for the surface mining of coal if:

(1)the mining operation will remove an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill, except as provided by Subsection (b)(1), by removing the overburden and creating a level plateau or a gently rolling contour that has no highwalls remaining and that can support postmining uses in accord with this section;

(2)an industrial, commercial, agricultural, residential, or public facility use, including use as a recreational facility, is proposed for the postmining use of affected land;

(3)after consultation with the appropriate land use planning agencies, if any, the proposed postmining land use is considered to constitute an economic or public use of the affected land equal to or better than premining use;

(4)the applicant presents specific plans for the proposed postmining land use and appropriate assurances that the use will be:

(A)compatible with adjacent land uses;

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Legislative history

Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.