Texas Natural Resources Code

§ 134.070 — PERMIT FOR MINING ON PRIME FARMLAND

NR § 134.070Title 4. MINES AND MINING · Ch. 134. TEXAS SURFACE COAL MINING AND RECLAMATION ACT · Art. D. SURFACE COAL MINING PERMITS

Statute text

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(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.

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Legislative history

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