Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,839
2821-2988 p. ; 28 cm.View a full description of this periodical.
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TRD-200301843
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: May 4, 2003
For further information, please call: (512) 475-129516 TAC 12.71, 12.72
The Commission proposes the new sections under Texas Nat-
ural Resources Code, 134.013, which authorizes the Commis-
sion to promulgate rules pertaining to surface coal mining oper-
ations.
Texas Natural Resources Code, 134.013, is affected by the pro-
posed new sections.
Issued in Austin, Texas, on March 11, 2003.
12.71. Areas Where Surface Coal Mining Operations are Prohibited
or Limited.
(a) Surface coal mining operations may not be conducted on
the following lands unless those lands either qualify for the exception
for existing operations under subsection (b) of this section or are subject
to valid existing rights, as determined under 12.72(c) of this title (re-
lating to Procedures for Compatibility Findings, Public Road Closures
and Relocations, Buffer Zones, and Valid Existing Rights Determina-
tions):
(1) Any lands within the boundaries of:
(A) the National Park System;
(B) the National Wildlife Refuge System;
(C) the National System of Trails;
(D) the National Wilderness Preservation System;
(E) the Wild and Scenic Rivers System, including study
rivers designated under section 5(a) of the Wild and Scenic Rivers Act,
16 U.S.C. 1276(a), or study rivers or study river corridors established
in any guidelines issued under that Act; or
(F) National Recreation Areas designated by Act of
Congress.
(2) Any federal lands within a national forest, except that
this prohibition must not apply if the Secretary finds that there are no
significant recreational, timber, economic, or other values that may be
incompatible with surface coal mining operations, and:
(A) any surface operations and impacts will be incident
to an underground coal mine; or
(B) with respect to lands that do not have significant for-
est cover within national forests west of the 100th meridian, the Sec-
retary of Agriculture has determined that surface mining is in compli-
ance with the Act, the Multiple-Use Sustained Yield Act of 1960, 16
U.S.C. 528-531; the Federal Coal Leasing Amendments Act of 1975,
30 U.S.C. 181 et seq.; and the National Forest Management Act of
1976, 16 U.S.C. 1600 et seq.
(3) Any lands where the operation would adversely affect
any publicly owned park or any place listed in the National Register of
Historic Places; however, this prohibition does not apply if, as provided
in 12.73(d) of this title (relating to Commission Obligations at Time
of Permit Application Review), the Commission and the federal, state
or local agency with jurisdiction over the park or place jointly approve
the operation.(4) Within 100 feet, measured horizontally, of the outside
right-of-way line of any public road, except:
(A) where a mine access or haul road joins a public
road, or
(B) when, as provided in 12.72(a) of this title, the
Commission (or the appropriate public road authority designated by
the Commission) allows the public road to be relocated or closed,
or the area within the buffer zone to be affected by the surface coal
mining operation, after:
(i) providing public notice and opportunity for a
public hearing in accordance with 12.72(a)(3) of this title; and
(ii) finding in writing that the interests of the
affected public and landowners will be protected.
(5) Within 300 feet, measured horizontally, of any occu-
pied dwelling; except when:
(A) the owner of the dwelling has provided a written
waiver consenting to surface coal mining operations within the pro-
tected zone, as provided in 12.72(b) of this title; or
(B) the part of the operation to be located closer than
300 feet to the dwelling is an access or haul road that connects with an
existing public road on the side of the public road opposite the dwelling.
(6) Within 300 feet, measured horizontally, of any public
building, school, church, community or institutional building, or public
park.
(7) Within 100 feet, measured horizontally, of a cemetery;
however, this prohibition does not apply if the cemetery is relocated in
accordance with all applicable laws and regulations.
(b) Exception for existing operations. The prohibitions and
limitations of subsection (a) of this section do not apply to surface coal
mining operations for which a valid permit, issued under Subchapter
G of this chapter (relating to Surface Coal Mining and Reclamation
Operations, Permits and Coal Exploration Procedures Systems), exists
when the land comes under the protection of subsection (a) of this sec-
tion; this exception applies only to lands within the permit area as it
exists when the land comes under the protection of subsection (a) of
this section.
12.72. Procedures for Compatibility Findings, Public Road
Closures and Relocations, Buffer Zones, and Valid Existing Rights
Determinations.
(a) Procedures for relocating or closing a public road or waiv-
ing the prohibition on surface coal mining operations within the buffer
zone of a public road.
(1) This section does not apply to:
(A) lands for which a person has valid existing rights,
as determined under subsection (c) of this section;
(B) lands within the scope of the exception for existing
operations in 12.71(b) of this title (relating to Areas Where Surface
Coal Mining Operations are Prohibited or Limited); and
(C) access or haul roads that join a public road, as de-
scribed in 12.71(a)(4)(A) of this title (relating to Areas Where Surface
Coal Mining Operations are Prohibited or Limited).
(2) All necessary approvals from the authority with juris-
diction over the road must be obtained for the following:
(A) relocation of a public road;
(B) closure of a public road; orPROPOSED RULES April 4, 2003 28 TexReg 2839
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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/m1/18/: accessed June 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.