SECTION 12.112. Applications: Approval or Disapproval of Exploration of More Than 250 Tons of Coal or That Will Occur on Land Designated as Unsuitable for Surface Coal Mining Operations

(a) The Commission shall act upon a completed application for approval within 45 days of the date of submission.

(b) The Commission shall approve a complete application filed in accordance with §§12.109-12.111, this section, and §§12.113-12.115 of this title (relating to General Requirements for Coal Exploration), if it finds, in writing, that the applicant has demonstrated that the exploration and reclamation described in the application:

(1) will be conducted in accordance with the Act, §§12.109-12.111, this section, and §§12.113-12.115 of this title (relating to General Requirements for Coal Exploration) and §§12.325-12.328 of this title (relating to Permanent Program Performance Standards--Coal Exploration);

(2) will not jeopardize the continued existence of an endangered or threatened species listed pursuant to Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or result in the destruction or adverse modification of critical habitat of those species;

(3) will not adversely affect any cultural resources or districts, sites, buildings, structures, or objects listed or eligible for listing on the National Register of Historic Places, unless the proposed exploration 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 protected under §12.71(a) of this title (relating to Areas Where Surface Coal Mining Operations are Prohibited Or Limited), minimize interference, 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 causing 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 feature 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) Each approval issued by the Commission shall contain conditions necessary to ensure that the exploration and reclamation will be conducted in compliance with the Act, §§12.109-12.111, this section, §§12.113-12.115 of this title (relating to General Requirements for Coal Exploration), and §§12.325-12.328 of this title (relating to Permanent Program Performance Standards--Coal Exploration).

Source Note: The provisions of this §12.112 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective June 9, 2003, 28 TexReg 4412