Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,840
2821-2988 p. ; 28 cm.View a full description of this periodical.
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(C) surface coal mining operations proposed within 100
feet, measured horizontally, of the outside right-of-way line of a public
road.
(3) Before approving an action proposed under paragraph
(2) of this subsection, the Commission or a public road authority that it
designates must determine that the interests of the public and affected
landowners will be protected. Before making this determination, the
Commission or designated authority must:
(A) provide a public comment period and opportunity
to request a public hearing in the locality of the proposed operation;
(B) if a public hearing is requested, publish appropriate
advance notice at least two weeks before the hearing in a newspaper of
general circulation in the affected locality; and
(C) based upon information received from the public,
make a written finding as to whether the interests of the public and
affected landowners will be protected. If a hearing is held by the Com-
mission or designated authority, the Commission or designated author-
ity must make a written finding within 30 days after the hearing. If no
hearing is held, the Commission or designated authority must make a
written finding within 30 days after the end of the public comment pe-
riod.
(b) Procedures for waiving the prohibition on surface coal
mining operations within the buffer zone of an occupied dwelling.
(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 connect with an existing
public road on the side of the public road opposite the dwelling, as pro-
vided in 12.71(a)(5)(B) of this title (relating to Areas Where Surface
Coal Mining Operations are Prohibited or Limited).
(2) If surface coal mining operations are proposed to be
conducted within 300 feet, measured horizontally, of any occupied
dwelling, the permit application must include a written waiver by
lease, deed, or other conveyance from the owner of the dwelling. The
waiver must clarify that the owner and signatory have the legal right
to deny mining and knowingly waived that right. The waiver will act
as consent to surface coal mining operations within a closer distance
of the dwelling as specified.
(3) If a valid waiver from the owner of an occupied
dwelling to conduct operations within 300 feet of the dwelling was
obtained before August 3, 1977, a new waiver does not need to be
provided.
(4) If a valid waiver is obtained from the owner of an oc-
cupied dwelling, that waiver will remain effective against subsequent
purchasers who have actual or constructive knowledge of the existing
waiver at the time of purchase. A subsequent purchaser will be deemed
to have constructive knowledge if the waiver has been properly filed in
public property records pursuant to state laws or if surface coal mining
operations have entered the 300-foot zone before the date of purchase.
(c) Submission and processing of requests for valid existing
rights determinations.
(1) Basic framework for valid existing rights determina-
tions. The following table identifies the agency responsible for making
a valid existing rights determination and the definition that it must use,based upon which part of 12.71(a) of this title (relating to Areas Where
Surface Coal Mining Operations are Prohibited or Limited) applies and
whether the request includes federal lands.
Figure: 16 TAC 12.72(c)(1)
(2) Contents of requests for a valid existing rights determi-
nation. A request for a valid existing rights determination for any land
other than federal land must be submitted to the Commission if the ap-
plicant intends to conduct surface coal mining operations on the basis
of valid existing rights under 12.71(a) of this title or wishes to con-
firm the right to do so. This request may be submitted before preparing
and submitting an application for a permit or boundary revision for the
land.
(A) Requirements for property rights demonstration. A
property rights demonstration must be provided under the definition of
"valid existing rights" in 12.3(187)(A) of this title (relating to Defini-
tions) if the request relies upon the good faith/all permits standard or
the needed for and adjacent standard in the definition of "valid existing
rights" in 12.3(187)(B) of this title. This demonstration must include
the following items:
(i) a legal description of the land to which the request
pertains;
(ii) complete documentation of the character and ex-
tent of the applicant's current interests in the surface and mineral estates
of the land to which the request pertains;
(iii) a complete chain of title for the surface and min-
eral estates of the land to which the request pertains;
(iv) a description of the nature and effect of each title
instrument that forms the basis for the request, including any provision
pertaining to the type or method of mining or mning-related surface
disturbances and facilities;
(v) a description of the type and extent of surface
coal mining operations that the applicant claims the right to conduct,
including the method of mining, any mining-related surface activities
and facilities, and an explanation of how those operations would be
consistent with state property law;
(vi) complete documentation of th e nature and
ownership, as of the date that the land came under the protection of
12.71(a) of this title (relating to Areas Where Surface Coal Mining
Operations are Prohibited or Limited) or 134.022 of the Act, of all
property rights for the surface and mineral estates of the land to which
the request pertains;
(vii) names and addresses of the current owners of
the surface and mineral estates of the land to which the request pertains;
(viii) if the coal interests have been severed from
other property interests, documentation that the owners of other prop-
erty interests in the land to which the request pertains has been notified
and provided reasonable opportunity to comment on the validity of the
applicant's property rights claims; and
(ix) any comments that are received by the applicant
in response to the notification provided under clause (viii) of this sub-
paragraph.
(B) Requirements for good faith/all permits standard. If
the applicant's request relies upon the good faith/all permits standard
in the definition of "valid existing rights" in 12.3(187)(B)(i) of this
title, the information required under that clause must be submitted. The
following information about permits, licenses, and authorizations for
surface coal mining operations on the land to which the request pertains
must also be submitted:28 TexReg 2840 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/m1/19/: accessed June 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.