|(a) Persons seeking to engage in surface coal mining
and reclamation operations must submit an application for and obtain
a permit for those operations in accordance with this subchapter (relating
to Surface Coal Mining and Reclamation Operations, Permits, and Coal
Exploration Procedures Systems). Persons seeking to conduct coal exploration
must first file the notice of intention or obtain approval of the
Commission as required under §§12.109 - 12.115 of this title
(relating to General Requirements for Coal Exploration). A permit
and the obligations established therein (to include payment of annual
fees associated with the permit as required in §12.108 of this
title, relating to Permit Fees) shall continue until all surface coal
mining and reclamation operations are completed, regardless of whether
the authorization to conduct surface coal mining operations has expired
or has been terminated, revoked, or suspended.
(b) A permittee will not be required to submit an application
to renew a permit if no surface coal mining operations will be conducted
under the permit and solely reclamation activities remain to be completed.
The permittee will provide written notification to the Director the
Surface Mining and Reclamation Division of permanent cessation of
mining operations as required under §12.398 and §12.567
of this title, both relating to Cessation of Operations: Permanent.
(c) The Commission shall review each application for
exploration approval and for a permit, approve or disapprove each
permit application or exploration application, and issue, condition,
suspend, or revoke exploration approval, permits, renewals, or revised
permits under an approved regulatory program.
(d) The applicant for a permit or revision of a permit
shall have the burden of establishing that the application is in compliance
with all of the requirements of the Commission.
|Source Note: The provisions of this §12.100 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective October 22, 2012, 37 TexReg 8293; amended to be effective February 24, 2014, 39 TexReg 1121; amended to be effective December 28, 2020, 45 TexReg 9503