16 Tex. Admin. Code § 12.620 - Prime Farmland: Applicability and Special Requirements

(a) The requirements of this section and §§ 12.621, 12.622, 12.624, and 12.625 of this title (relating to Special Permanent Program Performance Standards--Operations on Prime Farmland) shall not apply to:

(1) coal processing plants and roads of underground mines that are actively used over extended periods of time and where such uses affect a minimal amount of land. Such uses shall meet the requirements of §§ 12.500-12.572 of this title (relating to Permanent Program Performance Standards --Underground Mining Activities) for underground mining activities; or

(2) prime farmland that has been excluded in accordance with § 12.201(a) of this title (relating to Prime Farmland).

(b) Surface coal mining and reclamation operations conducted on prime farmland shall meet the following requirements:

(1) a permit shall be obtained for those operations under § 12.201 of this title (relating to Prime Farmland); and

(2) soil materials to be used in reconstruction of the prime farmland soil shall be removed before drilling, blasting, or mining, in accordance with § 12.621 of this title (relating to Prime Farmland: Soil Removal) and in a manner that prevents mixing or contaminating these materials with undesirable material. Where removal of soil materials results in erosion that may cause air and water pollution, the Commission shall specify methods to control erosion of exposed overburden.

Notes

16 Tex. Admin. Code § 12.620

The provisions of this §12.620 adopted to be effective April 7, 1997, 22 TexReg 3093.