| (27) Certificate reissuance--To grant to an applicant,
who has had a Commission blaster certificate that expired or was revoked,
a subsequent certificate for which additional training and examination
are required.
(28) Certificate renewal--To grant to an applicant,
who holds a Commission blaster certificate that is currently valid
and not expired or revoked, a subsequent certificate for which training
and examination are not required.
(29) Certificate replacement--To grant to an applicant,
who holds a Commission blaster certificate that is currently valid
and not expired, suspended, or revoked, a duplicate certificate as
a substitute for one that was lost or destroyed.
(30) Certified blaster--A person who has met the qualifications
of Subchapter M of this chapter and who has been issued a Commission
blaster certificate that is currently valid and not expired, suspended,
or revoked.
(31) CFR--The federal Code of Federal Regulations.
(32) Close of public comment period--The close of a
public hearing on a surface mining permit application. When no public
hearing is held, this time shall be 30 days after the last publication
of the newspaper notice required by §12.207(a) of this title
(relating to Public Notices of Filing of Permit Applications).
(33) Coal--Combustible carbonaceous rock, classified
as anthracite, bituminous, subbituminous, or lignite by ASTM Standard
D 388-77.
(34) Coal exploration--The field gathering of:
(A) Surface or subsurface geologic, physical, or chemical
data by mapping, trenching, drilling, geophysical, or other techniques
necessary to determine the quality and quantity of overburden and
coal of an area; or
(B) The gathering of environmental data to establish
the conditions of an area before beginning surface coal mining and
reclamation operations under the requirements of this chapter.
(35) Coal exploration operation--The substantial disturbance
of the surface or subsurface for the purpose of coal exploration.
(36) Coal mine waste--Coal processing waste and underground
development waste.
(37) Coal mining operation--The business of developing,
producing, preparing or loading bituminous coal, subbituminous coal,
anthracite, or lignite, or of reclaiming the areas upon which such
activities occur.
(38) Coal preparation--Chemical or physical processing
and the cleaning, concentrating, or other processing or preparation
of coal.
(39) Coal processing plant or coal preparation plant--A
facility where coal is subjected to chemical or physical processing
or cleaning, concentrating, or other processing or preparation. It
includes facilities associated with coal preparation activities, including,
but not limited to, the following: loading facilities; storage and
stockpile facilities; sheds, shops and other buildings; water treatment
and water storage facilities; settling basins and impoundments; coal
processing and other waste disposal areas; and, roads, railroads and
other transport facilities. It does not include facilities operated
by the final consumer of the coal, such as an electricity generating
power plant, when, in the opinion of the Commission, the primary purpose
of the facilities is to make the coal ready for conversion into a
different energy form and the facilities are located at or near the
electricity generating plant or other point of final consumption away
from the mine site and outside of the approved mine permit area.
(40) Coal processing waste--Earth materials which are
separated and wasted from the product coal during cleaning, concentrating,
or other processing or preparation of coal.
(41) Combustible material--Organic material that is
capable of burning, either by fire or through oxidation, accompanied
by the evolution of heat and a significant temperature rise.
(42) Commission--The Railroad Commission of Texas.
(43) Commission Blaster Certificate--A certificate
issued by the Commission to a person determined to be qualified under §§12.700
- 12.710 of this title (relating to Training, Examination, and Certification
of Blasters) to be directly responsible for the use of explosives
in mining operations regulated by the Commission.
(44) Commissioner--One of the elected or appointed
members of the decision making body defined as the Commission.
(45) Community or institutional building--Any structure,
other than a public building or an occupied dwelling, which is used
primarily for meetings, gatherings or functions of local civic organizations
or other community groups; functions as an educational, cultural,
historic, religious, scientific, correctional, mental-health or physical
health care facility; or is used for public services, including, but
not limited to, water supply, power generation or sewage treatment.
(46) Compaction--Increasing the density of a material
by reducing the voids between the particles and is generally accomplished
by controlled placement and mechanical effort such as from repeated
application of wheel, track, or roller loads from heavy equipment.
(47) Complete and accurate application--An application
for permit approval or approval for coal exploration where required,
which the Commission determines to contain all information required
under the Act, this chapter, and the regulatory program that is necessary
to make a decision on permit issuance.
(48) Control or controller--
(A) a permittee of a surface coal mining operation;
(B) an operator of a surface coal mining operation;
or
(C) any person who has the ability to determine the
manner in which a surface coal mining operation is conducted.
(49) Cropland--Land used for the production of adapted
crops for harvest, alone or in a rotation with grasses and legumes,
and includes row crops, small grain crops, hay crops, nursery crops,
orchard crops, and other similar specialty crops, but does not include
quick cover crops grown primarily for erosion control.
(50) Cumulative impact area--The area, including the
permit area, within which impacts resulting from the proposed operation
may interact with the impacts of all anticipated mining on surface-water
and ground-water systems. Anticipated mining shall include, at a minimum,
the entire projected lives through bond release of:
(A) the proposed operation;
(B) all existing operations;
(C) any operation for which a permit application has
been submitted to the Commission; and
(D) all operations required to meet diligent development
requirements for leased federal coal for which there is actual mine
development information available.
(51) Cumulative measurement period--As used in §§12.25
- 12.33 of this title (relating to Exemption for Coal Extraction Incidental
to the Extraction of Other Minerals), the period of time over which
both cumulative production and cumulative revenue are measured.
(A) For purposes of determining the beginning of the
cumulative measurement period, subject to Commission approval, the
operator must select and consistently use one of the following:
(i) for mining areas where coal or other minerals were
extracted prior to August 3, 1977, the date extraction of coal or
other minerals commenced at that mining area or August 3, 1977; or
(ii) for mining areas where extraction of coal or other
minerals commenced on or after August 3, 1977, the date extraction
of coal or other minerals commenced at that mining area, whichever
is earlier.
(B) For annual reporting purposes pursuant to §12.33
of this title (relating to Reporting Requirements), the end of the
period for which cumulative production and revenue is calculated is
either:
(i) for mining areas where coal or other minerals were
extracted prior to the effective date of §§12.25 - 12.33
of this title, the first anniversary of that date, and each anniversary
of that date thereafter; or
(ii) for mining areas where extraction of coal or other
minerals commenced on or after the effective date of §§12.25
- 12.33 of this title, the last day of the calendar quarter during
which coal extraction commenced, and each anniversary of that date
thereafter.
(52) Cumulative production--As used in §§12.25
- 12.33 of this title, the total tonnage of coal or other minerals
extracted from a mining area during the cumulative measurement period.
The inclusion of stockpiled coal and other mineral tonnages in this
total is governed by §12.31 of this title (relating to Stockpiling
of Minerals).
(53) Cumulative revenue--As used in §§12.25
- 12.33 of this title, the total revenue derived from the sale of
coal or other minerals and the fair market value of coal or other
minerals transferred or used, but not sold, during the cumulative
measurement period.
(54) Department--The U.S. Department of the Interior.
Cont'd... |
