(a) The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including:
  (1) a map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within 5 years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described;
  (2) a narrative of land capability and productivity, which analyzes the land-use description under this section in conjunction with other environmental resources information required under §§12.124-12.138 of this title (relating to Surface Mining Permit Applications--Minimum Requirements for Information on Environmental Resources). The narrative shall provide analyses of:
    (A) the capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the proposed permit area; and
    (B) the productivity of the proposed permit area before mining, expressed as average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the U.S. Department of Agriculture, state agricultural universities or appropriate state natural resource or agricultural agencies.
(b) The application shall identify whether the proposed permit area has been previously mined, and, if so, include the following information, if available:
  (1) the type of mining method used;
  (2) the coal seams or other mineral strata mined;
  (3) the extent of coal or other minerals removed;
  (4) the approximate dates of past mining; and
  (5) the uses of the land preceding mining.
(c) The application shall contain a description of the existing land uses and land-use classifications under local law, if any, of the proposed permit and adjacent areas.

Source Note: The provisions of this §12.135 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640.