Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 12 - COAL MINING REGULATIONS
Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS
Division 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS
Section 12.207 - Public Notices of Filing of Permit Applications
Universal Citation: 16 TX Admin Code § 12.207
Current through Reg. 50, No. 13; March 28, 2025
(a) An applicant for a permit shall place an advertisement in a local newspaper of general circulation in the locality of the proposed surface coal mining and reclamation operations at least once a week for four consecutive weeks. The applicant shall place the advertisement in the newspaper at the same time the complete permit application is filed with the Commission. The advertisement shall contain, at a minimum, the following information:
(1) the name and business
address of the applicant;
(2) a map
or description which shall:
(A) clearly show
or describe towns, rivers, streams, or other bodies of water, local landmarks,
and any other information, including routes, streets, or roads and accurate
distance measurements, necessary to allow local residents to readily identify
the proposed permit area;
(B)
clearly show or describe the exact location and boundaries of the proposed
permit area;
(C) state the name of
the U.S. Geological Survey 7.5-minute quadrangle map(s) which contains the area
shown or described; and
(D) if a
map is used, indicate the north point;
(3) the location where a copy of the
application is available for public inspection under subsection (d)(1) of this
section;
(4) the name and address
of the Commission to which written comments, objections, or requests for a
public hearing or informal conference on the application may be submitted under
§§
12.208-12.210 of this title (relating to
Opportunity for Submission of Written Comments on Permit Applications, to Right
to File Written Objections, and to Public Availability of Information in Permit
Applications on File With the Commission); and
(5) if an applicant seeks a permit to mine
within 100 feet of the outside right-of-way of a public road or to relocate or
close a public road, except where public notice and hearing has previously been
provided for this particular part of the road in accordance with §
12.72(a) of this
title (relating to Procedures for Compatibility Findings, Public Road Closures
and Relocations, Buffer Zones, and Valid Existing Rights Determinations), a
concise statement describing the public road, the particular part to be
relocated or closed, where the relocation or closure is to occur, and the
duration of the relocation or closure.
(b) Upon receipt of a complete application for a permit, the Commission shall issue written notification of:
(1) the applicant's intention to surface mine
a particularly described tract of land;
(2) the application number;
(3) where a copy of the application may be
inspected; and
(4) where comments
on the application may be submitted under §
12.208 of this title (relating to
Opportunity for Submission of Written Comments on Permit
Applications).
(c) The written notifications shall be sent to:
(1)
The following State and federal agencies:
(A)
Texas Commission on Environmental Quality;
(B) Texas Historical Commission;
(C) University of Texas Bureau of Economic
Geology;
(D) Texas State Soil and
Water Conservation Board;
(E) Texas
Parks and Wildlife Department;
(F)
Texas General Land Office;
(G) U.S.
Natural Resources Conservation Service;
(H) U.S. Fish and Wildlife Service;
and
(I) Office of Surface
Mining--Regional Office;
(2) federal, state and local government
agencies with jurisdiction over or an interest in the area of the proposed
operations, including, but not limited to, general governmental entities and
fish and wildlife and historic preservation agencies;
(3) governmental planning agencies with
jurisdiction to act with regard to land use, air, or water quality planning in
the area of the proposed operations;
(4) sewage and water treatment authorities
and water companies, either providing sewage or water services to users in the
area of the proposed operations or having water sources or collection,
treatment, or distribution facilities located in these areas; and
(5) the federal or state governmental
agencies with authority to issue all other permits and licenses needed by the
applicant in connection with operations proposed in the
application.
(d) The applicant shall:
(1) make a full copy of his
or her complete application for a permit available for the public to inspect
and copy. This shall be done by filing a copy of the application submitted to
the Commission with the County Clerk at the courthouse of the county where the
mining is proposed to occur, or if approved by the Commission, at another
equivalent public office; and
(2)
file the copy of the complete application under paragraph (1) of this
subsection by the first date of newspaper advertisement of the application. The
applicant shall file any subsequent revision of the application with the County
Clerk or other approved public office at the same time the revision is
submitted to the Commission.
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