Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,846
2821-2988 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Each application shall describe, with appropriate maps and cross sec-
tions, the measures to be used to ensure that the interests of the public
and landowners affected are protected if, under 12.72(a) of this title
(relating to Procedures for Compatibility Findings, Public Road Clo-
sures and Relocations, Buffer Zones, and Valid Existing Rights De-
terminations) [ -12.7 2(e) of this title], the applicant seeks to have the
Commission approve:
(1) conducting the proposed surface mining activitvities
within 100 feet of the right-of-way line of any public road, except
where mine access or haul roads join that right-of-way; or
(2) relocating a public road.
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 Offie Office of the Secretary of State on March 20, 2003.
TRD-200301851
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 7. SURFACE MINING PERMIT
APPLICATIONS--MINIMUM REQUIREMENTS
FOR LEGAL, FINANCIAL, COMPLIANCE, AND
RELATED INFORMATION, PART II
16 TAC 12.158
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.
12.158. 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 operations or
is within an area under study for designation in an administrative pro-
ceeding [underground mining activities] under 12.74-12.77 of this
title (relating to Criteria for Designating Areas as Unsuitable for Sur-
face Coal Mining Operations) and 12.78-12.85 of this title (relating
to Process for Designating Areas as Unsuitable for Surface Coal Min-
ing Operations) [Operations r under study for designation in an ad-
ministrative preeeeding].
(b) (No change.)
(c) An application that proposes to conduct Surface coal min-
ing operations within 100 feet of a public road or within 300 feet of
an occupied dwelling 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 ExistingRights Determinations), respectively. [If an appliant proposes to sen-
duet or locate surface operations or facilities within 300 feet of an eeeu-
pied dwelng the application shall include the waiver of the owner of
the dwelling as required in !272 of this title (relating to 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.
TRD-200301852
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 9. UNDERGROUND MINING
PERMIT APPLICATIONS--MINIMUM
REQUIREMENTS FOR RECLAMATION AND
OPERATION PLAN
16 TAC 12.191, 12.192
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.
12.191. 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 existingh*or joint agency approval is to
be obtained ,under 1-227-g) of this title (relating to Procedures) to
minimize impaets J
(b) (No change.)
12.192. Relocation or Use of Public Roads.
Each application shall describe, with appropriate maps and cross sec-
tions, the measures to be used to ensure that the interests of the public
and landowners affected are protected if, under 12.72(a) of this title
(relating to Procedures for Compatibility Findings, Public Road Clo-
sures and Relocations, Buffer Zones, and Valid Existing Rights Deter-
minations) [12.72 of this title (relating to Procedures)], the applicant
seeks to have the Commission approve:28 TexReg 2846 April 4, 2003 Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
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/m1/25/: accessed May 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.