Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,845
2821-2988 p. ; 28 cm.View a full description of this periodical.
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on the National Register of Historic Places, unless the proposed explo-
ration has been approved by both the Commission and the agency with
jurisdiction over such matters; and
(4) with respect to exploration activities on any lands pro-
tected under 12.71(a) of this title (relating to Areas Where Surface
Coal Mining Operations are Prohibited Or Limited), minimize interfer-
ence, to the extent technologically and economically feasible, with the
values for which those lands were designated as unsuitable for surface
coal mining operations. Before making this finding, the Commission
must provide reasonable opportunity to the owner of the feature caus-
ing the land to come under the protection of 12.71(a) of this title, and,
when applicable, to the agency with primary jurisdiction over the fea-
ture with respect to the values that caused the land to come under the
protection of 12.71(a) of this title, to comment on whether the finding
is appropriate.
(c) (No change.)
12.113. Applications: Notice and Hearing for Exploration of More
Than 250 Tons.
(a) The Commission shall notify the applicant and the appro-
priate local government officials, and other commenters on the appli-
cation, in writing, of its decision to approve or disapprove the appli-
cation. If the application is disapproved, the notice to the applicant
shall include a statement of the reason[L,] for disapproval. The Com-
mission shall provide public notice of approval or disapproval of each
application[,] by publication in a newspaper of general circulation in
the general vicinity of the proposed operations.
(b) (No change.)
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-200301849
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: May 4, 2003
For further information, please call: (512) 475-12954
4
DIVISION 4. SURFACE MINING PERMIT
APPLICATIONS--MINIMUM REQUIREMENTS
FOR LEGAL, FINANCIAL, COMPLIANCE, AND
RELATED INFORMATION, PART I
16 TAC 12.118
The Commission proposes the amendments under Texas Natu-
ral 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 amendments.
Issued in Austin, Texas, on March 11, 2003.
12.118. Relationship to Areas Designated Unsuitable for Mining.
(a) Each application shall contain [a statement of] available in-
formation on whether the proposed permit area is within an area desig-
nated unsuitable for surface coal mining and reclamation or is within anarea under study for designation in an administrative proceeding [ac-
tivities] under 12.74-12.77 of this title (relating to Criteria for Des-
ignating Areas as Unsuitable for Surface Coal Mining Operations) and
12.78-12.85 of this title (relating to Process for Designating Areas
as Unsuitable for Surface Coal Mining Operations) [or under study for
designation in an administrative proeeding].
(b) (No change.)
(c) If an applicant proposes to conduct surface mining activi-
ties within 100 feet of a public road or within 300 feet of an occupied
dwelling, the application must meet the requirements of 12.72(a) or
(b) of this title (relating to Procedures for Compatibility Findings, Pub-
lic Road Closures and Relocations, Buffer Zones, and Valid Existing
Rights Determinations) [shall contain the waiver of the owner of the
dwelling as required in 4272(f) of this title relating to Procedures)].
This agency hereby ereby 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-200301850
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
DIVISION 6. SURFACE MINING PERMIT
APPLICATIONS--MINIMUM REQUIREMENTS
FOR RECLAMATION AND OPERATION PLAN
16 TAC 12.151, 12.152
The Commission proposes the amendments under Texas Natu-
ral 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 amendments.
Issued in Austin, Texas, on March 11, 2003.
12.151. Protection of Public Parks and Historic Places.
(a) For any publicly owned parks or any places listed on the
National Register of Historic Places that may be adversely affected by
the proposed operations, each plan shall describe the measures to be
used:
(1) to prevent adverse impacts; or
(2) if a person has valid existing rights as determined under
12.72(c) of this title (relating to Procedures for Compatibility Find-
ings, Public Road Closures and Relocations, Buffer Zones, and Valid
Existing Rights Determinations), or if joint agency approval is to be ob-
tained under 12.73(d) of this title (relating to Commission Obligations
at Time of Permit Application Review), to minimize adverse impacts.
(2) if valid existing rights or joint agency approval is to
be obtained under , 42, 2(g) of this title (relating to Procedures) to
(b) (No change.)
l2.152. Relocation or Use of Public Roads.PROPOSED RULES April 4, 2003 28 TexReg 2845
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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/m1/24/: accessed June 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.