Texas Natural Resources Code

§ 134.109 — VARIANCE FROM REQUIREMENT TO RESTORE CONTOUR

NR § 134.109Title 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 variance from the requirement in Section 134.108(a)(2) to restore to approximate original contour after steep slope surface coal mining if:

(1)the surface owner requests in writing, as part of the permit application, that the variance be granted to render the land suitable after reclamation for industrial, commercial, residential, or public use, including use as a recreational facility;

(2)the watershed control of the affected area is improved; and

(3)other requirements of this section are met.

(b)The watershed control of an affected area is considered to be improved for purposes of Subsection (a) if the potential use of the affected land is:

(1)considered by the commission, after consultation with the appropriate land use planning agencies, if any, to constitute an economic or public use equal to or better than the premining use;

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Legislative history

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