Texas Statutes
Subchapter D. Surface Coal Mining Permits
Section 134.070. Permit for Mining on Prime Farmland

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

Texas Statutes

Natural Resources Code

Title 4 - Mines and Mining

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 134.055. Annual 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 134.060. Comments

Section 134.061. Written Objections

Section 134.062. Request for Public Hearing; Notice

Section 134.063. Notice of Approval or Denial

Section 134.064. Procedure

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 134.071. Term

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