SECTION 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 Findings, Public Road Closures and Relocations, Buffer Zones, and Valid Existing Rights Determinations), or if joint agency approval is to be obtained under §12.73(d) of this title (relating to Commission Obligations at Time of Permit Application Review), to minimize adverse impacts.

(b) The Commission may require the applicant to protect historic or archeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.

Source Note: The provisions of this §12.151 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective June 9, 2003, 28 TexReg 4412