SECTION 12.118. Relationship to Areas Designated Unsuitable for Mining

(a) Each application shall contain available information on whether the proposed permit area is within an area designated unsuitable for surface coal mining and reclamation or is within an area under study for designation in an administrative proceeding under §§12.74-12.77 of this title (relating to Criteria for Designating 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).

(b) If an applicant claims the exemption in paragraph (4)(B) of §12.216 of this title (relating to Criteria for Permit Approval or Denial), the application shall contain information supporting the applicant's assertion that it made substantial legal and financial commitments before January 4, 1977, concerning the proposed surface mining activities.

(c) If an applicant proposes to conduct surface mining activities 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, Public Road Closures and Relocations, Buffer Zones, and Valid Existing Rights Determinations).

Source Note: The provisions of this §12.118 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective June 9, 2003, 28 TexReg 4412