Sec. 134.070. PERMIT FOR MINING ON PRIME FARMLAND. (a) After consulting with the secretary of agriculture and under regulations issued under the federal Act by the secretary of the interior with the concurrence of the secretary of agriculture, the commission shall grant a permit to mine on prime farmland if:
(1) the area proposed to be mined contains prime farmland;
(2) the commission makes the findings required by Section 134.066 for the application under consideration; and
(3) the commission in addition finds in writing that:
(A) the operator has the technological capability to restore the mined area within a reasonable time to a level of yield equal to or higher than that of nonmined prime farmland in the surrounding area under equivalent levels of management; and
(B) the applicant can meet the soil reconstruction standards of the federal Act.
(b) This section does not apply to:
(1) a permit issued before August 3, 1977;
(2) a revision or renewal of a permit issued before August 3, 1977; or
(3) an existing surface mining operation for which a permit was issued before August 3, 1977.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
Structure Texas Statutes
Chapter 134 - Texas Surface Coal Mining and Reclamation Act
Subchapter D. Surface Coal Mining Permits
Section 134.051. Permit Required for Operation
Section 134.052. Contents of Permit Application
Section 134.053. Liability Insurance Policy
Section 134.054. Application Fees
Section 134.056. Small Mine Exemption
Section 134.057. Public Inspection of Application
Section 134.058. Notice by Applicant
Section 134.059. Notification by Commission
Section 134.061. Written Objections
Section 134.062. Request for Public Hearing; Notice
Section 134.063. Notice of Approval or Denial
Section 134.065. Permit Approval or Denial
Section 134.066. Written Findings Required
Section 134.067. Determination of Ownership
Section 134.068. Schedule of Notices of Violations
Section 134.069. Effect of Past or Present Violation
Section 134.070. Permit for Mining on Prime Farmland
Section 134.072. Termination on Failure to Begin Operations
Section 134.073. Successor in Interest
Section 134.074. Right to Renewal
Section 134.075. Application for and Issuance of Renewal
Section 134.076. Extension of Permit Area
Section 134.077. Term of Renewal Permit
Section 134.078. Time Limit for Renewal Application
Section 134.079. Application for Permit Revision
Section 134.080. Approval of Permit Revision
Section 134.081. Guidelines for Revision
Section 134.082. Commission Requirement of Permit Revision or Modification
Section 134.083. Transfer of Permit
Section 134.084. Suspension or Rescission of Improvidently Issued Permit
Section 134.085. Review Periods for New Permits, Renewals, and Revisions