Current through Reg. 49, No. 49; December 6, 2024
Section 12.189 - Reclamation Plan: Postmining Land Uses(a) Each plan shall contain a detailed description of the proposed use, following reclamation, of the land to be affected within the proposed permit area by surface operations or facilities, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land-use policies and plans. This description shall explain: (1) how the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use;(2) where a land use different from the premining land-use is proposed, all materials needed for approval of the alternative use under § RSA 12.568 of this title (relating to Postmining Land Use); and(3) the consideration given to making all of the proposed underground mining activities consistent with surface-owner plans and applicable state and local land-use plans and programs.(b) The description shall be accompanied by a copy of the comments concerning the proposed use from the legal or equitable owner of record of the surface areas to be affected by surface operations or facilities within the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation.16 Tex. Admin. Code § 12.189
The provisions of this §12.189 adopted to be effective April 7, 1997, 22 TexReg 3093.