Texas Natural Resources Code

§ 134.102 — VARIANCE TO PERMIT UNDERGROUND MINING OPERATIONS BEFORE RECLAMATION

NR § 134.102Title 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 contemporaneous reclamation requirement of Section 134.092(a)(16) for specific areas within the reclamation plan to permit underground mining operations before reclamation if:

(1)the applicant proposes to combine surface mining operations with underground mining operations to assure maximum practical recovery of the coal resources; and

(2)the commission finds in writing that:

(A)the applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations;

(B)the proposed underground mining operations are necessary or desirable to assure maximum practical recovery of the coal resource and will avoid multiple disturbances of the surface;

(C)the applicant has satisfactorily demonstrated that:

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Legislative history

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