Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,838
2821-2988 p. ; 28 cm.View a full description of this periodical.
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of 12.71(a) of this title or 134.022 of the Act, and, under the docu-
ment creating the right of way or easement, and under subsequent con-
veyances, the person has a legal right to use or construct a road across
the right of way or easement for surface coal mining operations;
(iii) a valid permit for use or construction of a road
in that location for surface coal mining operations existed when the
land came under the protection of 12.71(a) of this title or 134.022 of
the Act; or
(iv) valid existing rights exist under subparagraphs
(A) and (B) of this paragraph.
{ 88) Valid existing ights-Inelude-1
{(A) except for haul road-
{(-) those property rights in existene on August 3,
1977 that were created by a legally binding conveyance, deed,
contract or other document which authorizes the applicant to produce
eeal by a surface eeal mining operations and]
(ii) the person proposing to conduct surface eal
mining operations on h lands either}
[(4) has been validly issued, on or before August
S197 all state and federal permits necessary to conduct such opera-
tions on those landsor}
[(II) can demonstrate to the Commission that the
eoal is both needed for and immediately adjacent to an ongoing r-
face coa mining operation for which all permits were obtained prior to
Augast , 4-977,,
f(B) for haul roads valid existing rights includes
{(-) A recorded right-of-way reeorded easement er
a permit for a eeoal haul read recorded as of August , 1-9-7.71i or
{(ii) Any other road in existence as of August &,
977 andj
(C) interpretation of the terms of the document relied
upon to establish valid existing rights shall be based upon Texas ease
law concerning the interpretation of documents conveying mining
rights When no Texas ese law exis interpretation shall be based
upon the usage and ueastom at the time and place where the document
came into existence and upon a showing by the applicant that the
parties to the dement actual contemplated a right to condet the
same underground or surface mining activities for which the applicant
claims a valid existing right.]
)(D) valid existing rights does not include mere expec-
tation of a right to conduct surface eeal mining operations or the right
to conduct underground coal mining (Examples f rights which alone
do not constitute valid existing rights inc-1de, but are not limited to
eal exploration permitsor l applicationsor bids for essor
where a person has only applied for a state or federal permit }}
(188) [(-89)] Valley fill--A fill structure consisting of any
material other than coal waste and organic material that is placed in a
valley where side slopes of the existing valley measured at the steepest
point are greater than 20 degrees or the average slope of the profile of
the valley from the toe of the fill to the top of the fill is greater than 10
degrees.
(189) [0499)] Violation, failure, or refusal--With respect to
12.696 - 12.699 of this title, a violation of or a failure or refusal to
comply with any order of the Commission including, but not limited
to, a condition of a permit, notice of violation, failure-to-abate cessa-
tion order, imminent harm cessation order, order to show cause why
a permit should not be suspended or revoked, and order in connectionwith a civil action for relief, except an order incorporated in a decision
issued under 134.175 of the Act.
(190) [094)] Violation notice--Any written notification
from a governmental entity of a violation of law, whether by letter,
memorandum, legal or administrative pleading, or other written
communication.
(191) [(-92)] Water table--The upper surface of a zone of
saturation, where the body of ground water is not confined by an over-
lying impermeable zone.
(192) [(093)] Willfully--With respect to 12.696 - 12.699
of this title, that an individual acted:
(A) either intentionally, voluntarily, or consciously; and
(B) with intentional disregard or plain indifference to
legal requirements in authorizing, ordering, or carrying out a corporate
permittee's action or omission that constituted a violation, failure, or
refusal.
(193) [094)] Willful violation--An act or omission which
violates the Act, state, or federal laws or regulations, or any permit
condition required by the Act or this chapter, committed by a person
who intends the result which actually occurs.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on March 20, 2003.
TRD-200301845
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: May 4, 2003
For further information, please call: (512) 475-1295
SUBCHAPTER F. LANDS UNSUITABLE FOR
MINING
DIVISION 2. AREAS DESIGNATED BY ACT
OF CONGRESS
16 TAC 12.71, 12.72
(Editor's note: The text of the following sections proposed for repeal
will not be published. The sections may be examined in the offices of
the Railroad Commission of Texas or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Commission proposes the repeals under Texas Natural Re-
sources Code, 134.013, which authorizes the Commission to
promulgate rules pertaining to surface coal mining operations.
Texas Natural Resources Code, 134.013, is affected by the pro-
posed repeals.
Issued in Austin, Texas, on March 11, 2003.
12.71. Areas Where Mining is Prohibited or Limited.
12.72. Procedures.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on March 20, 2003.28 TexReg 2838 April 4, 2003 Texas Register
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Texas. Secretary of State. Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003, periodical, April 4, 2003; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101027/m1/17/: accessed June 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.