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RULE §12.207Public Notices of Filing of Permit Applications

(a) An applicant for a permit shall place an advertisement in a local newspaper of general circulation in the locality of the proposed surface coal mining and reclamation operations at least once a week for four consecutive weeks. The applicant shall place the advertisement in the newspaper at the same time the complete permit application is filed with the Commission. The advertisement shall contain, at a minimum, the following information:

  (1) the name and business address of the applicant;

  (2) a map or description which shall:

    (A) clearly show or describe towns, rivers, streams, or other bodies of water, local landmarks, and any other information, including routes, streets, or roads and accurate distance measurements, necessary to allow local residents to readily identify the proposed permit area;

    (B) clearly show or describe the exact location and boundaries of the proposed permit area;

    (C) state the name of the U.S. Geological Survey 7.5-minute quadrangle map(s) which contains the area shown or described; and

    (D) if a map is used, indicate the north point;

  (3) the location where a copy of the application is available for public inspection under subsection (d)(1) of this section;

  (4) the name and address of the Commission to which written comments, objections, or requests for a public hearing or informal conference on the application may be submitted under §§12.208-12.210 of this title (relating to Opportunity for Submission of Written Comments on Permit Applications, to Right to File Written Objections, and to Public Availability of Information in Permit Applications on File With the Commission); and

  (5) if an applicant seeks a permit to mine within 100 feet of the outside right-of-way of a public road or to relocate or close a public road, except where public notice and hearing has previously been provided for this particular part of the road in accordance with §12.72(a) of this title (relating to Procedures for Compatibility Findings, Public Road Closures and Relocations, Buffer Zones, and Valid Existing Rights Determinations), a concise statement describing the public road, the particular part to be relocated or closed, where the relocation or closure is to occur, and the duration of the relocation or closure.

(b) Upon receipt of a complete application for a permit, the Commission shall issue written notification of:

  (1) the applicant's intention to surface mine a particularly described tract of land;

  (2) the application number;

  (3) where a copy of the application may be inspected; and

  (4) where comments on the application may be submitted under §12.208 of this title (relating to Opportunity for Submission of Written Comments on Permit Applications).

(c) The written notifications shall be sent to:

  (1) The following State and federal agencies:

    (A) Texas Commission on Environmental Quality;

    (B) Texas Historical Commission;

    (C) University of Texas Bureau of Economic Geology;

    (D) Texas State Soil and Water Conservation Board;

    (E) Texas Parks and Wildlife Department;

    (F) Texas General Land Office;

    (G) U.S. Natural Resources Conservation Service;

    (H) U.S. Fish and Wildlife Service; and

    (I) Office of Surface Mining--Regional Office;

  (2) federal, state and local government agencies with jurisdiction over or an interest in the area of the proposed operations, including, but not limited to, general governmental entities and fish and wildlife and historic preservation agencies;

  (3) governmental planning agencies with jurisdiction to act with regard to land use, air, or water quality planning in the area of the proposed operations;

  (4) sewage and water treatment authorities and water companies, either providing sewage or water services to users in the area of the proposed operations or having water sources or collection, treatment, or distribution facilities located in these areas; and

  (5) the federal or state governmental agencies with authority to issue all other permits and licenses needed by the applicant in connection with operations proposed in the application.

(d) The applicant shall:

  (1) make a full copy of his or her complete application for a permit available for the public to inspect and copy. This shall be done by filing a copy of the application submitted to the Commission with the County Clerk at the courthouse of the county where the mining is proposed to occur, or if approved by the Commission, at another equivalent public office; and

  (2) file the copy of the complete application under paragraph (1) of this subsection by the first date of newspaper advertisement of the application. The applicant shall file any subsequent revision of the application with the County Clerk or other approved public office at the same time the revision is submitted to the Commission.

Source Note: The provisions of this §12.207 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective June 9, 2003, 28 TexReg 4412; amended to be effective December 28, 2020, 45 TexReg 9503

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