Wed08272014

Last updateWed, 27 Aug 2014 5pm

Back You are here: Home Notices Public Notices Public Notice - NOTICE OF APPLICATION FOR RENEWAL / REVISION / EXPANSION OF SURFACE MINING PERMIT NO. 34E Monticello-Winfield Mine Luminant Mining Company LLC - 8/30/2012

Public Notices

Public Notice - NOTICE OF APPLICATION FOR RENEWAL / REVISION / EXPANSION OF SURFACE MINING PERMIT NO. 34E Monticello-Winfield Mine Luminant Mining Company LLC - 8/30/2012

Luminant Mining Company LLC (“Luminant”), 1601 Bryan Street, Dallas, Texas 75201-3411 has submitted an application titled Monticello-Winfield Mine, Permit No. 34E Renewal/Revision/Expansion (“Application”), to the Railroad Commission of Texas Surface Mining and Reclamation Division (“Commission”) to renew existing Permit No. 34E for an additional five year term.

The application also proposes to expand the permit boundary by adding approximately 402-acres.  Permit No. 34E was issued on October 23, 2007 and currently contains 26,330 acres. The proposed Permit No. 34E Renewal/Revision/Expansion boundary now consists of approximately 26,732-acres in Titus and Franklin Counties.
Ownership of all affected lands in the proposed 26,732-acre Permit No. 34E Renewal/Revision/Expansion is described in Section 116 of the Application.  Surface mining activities at the Monticello-Winfield Mine are expected to continue through the year 2023, subject to Commission approval of a permit renewal(s). The five year renewal permit term being requested by Luminant is for years 2012 through 2016.  Copies of the Application are on file with, and available for public inspection at the agencies and locations identified below.
As depicted on the map included with this public notice, the Monticello-Winfield Mine is located in Titus and Franklin Counties near the town of Mount Pleasant, Texas.  From its intersection with Interstate Highway 30 about two miles west of Mount Pleasant, the permit boundary runs north/northeast to U.S. 67.  The boundary then runs west along U.S. Hwy. 67 before turning north and intersecting with FM 1734.  The permit boundary partially follows FM 1734 east to U.S. 271 then north along this road to Titus CR-1312 where the boundary runs east to Loop 419 (U.S. 271 Business).  From Loop 419, the boundary follows public roads and surveyed lines in a north and east direction to its intersection with FM 1402 where the boundary turns north and follows this road to Titus CR-1670.  From this point, the northern permit boundary follows public roads and surveyed lines in a south and west direction to its intersection with FM 1734.  The boundary then runs to the west and south along FM 1734 to U.S.67 then easterly to Titus CR-1065 then southward to a point near Winfield, TX.  The boundary then runs south and west to Franklin County Road SE 4130, and then south to near FM 21 where it turns east to near Lake Monticello.  It then runs south and east along the Luminant Railroad to FM 127, and follows FM 127 northeast to a point about three fourths of a mile west of Titus County Road SW 35.  The boundary then extends north to Interstate Highway 30.
The Permit No. 34E Renewal/Revision/Expansion area is contained within the “New Hope,” “Monticello,” “Mt. Pleasant,” “Mt. Vernon,” “Winfield,” and “Wilkinson” U.S. Geological Survey 7.5 minute, quadrangle maps.  
Luminant proposes to mine approximately 946 acres during the proposed five-year permit renewal term.  The mine areas are identified by mine years for the permit term as A, F, J, L, M and South Smith Creek (SSC-Area) and are denoted on the Life of Mine Maps, Plates 125(a)-1 through 3 and in Table 125(a)-1 in Section .125 of the application, as supplemented. The proposed areas of disturbance/mining are also shown on the location map printed with this notice.
The Application is made pursuant to the Texas Surface Coal Mining and Reclamation Act, TEX. NAT. RES. CODE ANN. Chapter 134 (Vernon 2012) and the Coal Mining Regulations, Texas Railroad Commission, 16 TEX. ADMIN. CODE Ch.12 (West Group 2012). Notice will be published once a week for four (4) consecutive weeks.  Requests for public hearing must be submitted within 45 days of the last date of publication of this notice.  Interested persons are invited to submit written comments on the Application.  All written comments, objections or requests for public hearing or informal conference on the Application should be directed to:

Marcy J. Spraggins, Hearings Examiner
Office of General Counsel – Hearings Section
C/o Docket Services, Docket No. C12-0026-SC-34-C
Railroad Commission of Texas
P.O. Box 12967
Austin, Texas 78711-2967

Lignite production will be accomplished through the use of draglines, hydraulic excavators, hydraulic backhoes, front-end loaders, end-dump trucks, haulers, scrapers, dozers and motor graders.  Lignite recovered will be transported by railcar for delivery to the Monticello Steam Electric Station.
Luminant proposes to conduct mining operations on property it owns, property owned by Luminant Generation Company LLC and on property where a valid coal and lignite lease exists.  Further information on the right-of-entry and property ownership is detailed in Section .116 and Section .117 of the permit application, as supplemented.  
Luminant’s permit application contains a great deal of detailed information, but there are some sections that could be of interest to the general public and are listed as follows:  general hydrology and geology of the proposed expanded permit area in Section .126 and Section .127; groundwater information, Section .128; surface water information, Section .129; alternative water resources, Section .130; descriptions of fish and wildlife, Section .133, and a protection plan, Section .144; soil resources information, Section .134; mine plan and operations plan, Section .139; reclamation plan, including a reclamation timetable, Figure 145-1, and postmine soil testing plan, Section .145.  Luminant’s plan for the protection of the surface water and groundwater can be seen in Section .146, Appendix D.  The surface water control plan is in Section .148 of the application and shown on Plates 148-1 and 2.  
The Application proposes the use of a selective overburden as a topsoil and subsoil substitute for a reclaimed material for the top four feet of reclaimed soils (Section .145) and approximately 91 permanent water impoundments are planned during the life of the mine (Section .139).  
The estimated percentages of the proposed postmine land uses are:  pastureland, 37%; forestry, 29%; fish and wildlife habitat, 22%; developed water resources, 7%; industrial/commercial, 5%; residential, < 1%; undeveloped, < 1%; and cropland, < 1%  (Section .147).
Surface Mining Within 100 Feet of a Public Road
Surface mining activities will not approach nearer than 100 feet from the outside right-of-way line of any public road except as allowed by regulations or approved by the Commission.  However, a public road buffer zone variance is requested for the following locations for the proposed permit term.  Activities will include, but not be limited to, mining, pre-stripping activities, pond construction, diversion construction, road construction, dewatering activities, regrading, reseeding, erosion repair and other such activities associated with normal mining, construction and reclamation procedures.

1. U.S. Highway 67 - On  the north side of U.S. Highway 67, from the intersection of FM 1734 (along the western Permit boundary) to a point approximately 0.3 mile east of that intersection,  continuing on both sides of U.S. Highway 67 for approximately 1.8 miles, then on the south side of U.S. Highway 67 for approximately 2.4 miles  (to the eastern side of the Permit boundary).
2. U.S. Highway 271 - Along the east side of U.S. Highway 271, from the intersection of  U.S. 271 and Titus County Road 1430 (NW 24) to a point approximately 0.64 miles south of that intersection, continuing on both sides of U.S. highway 271 in a southerly direction and past the intersection with Business U.S. Highway 271 (Loop 419) to the intersection of U.S. Highway 271 and Titus County Road 1317 (NW-16).  Then, in a southerly direction and along the west side of U.S. Highway 271, beginning at the intersection of U.S. 271 and Titus County Road 1317 (NW-16), approximately 0.42 miles to the permit boundary.
3. Business U.S. Highway 271 (Loop 419) - Along both sides of Business U.S. Highway 271 (Loop 419) from the intersection of  Business U.S. Highway 271 (Loop 419) and U.S. Highway 271 to the intersection of Business U.S. Highway 271 (Loop 419) and Titus County Road 1317 (NW-16), then continuing in a southerly direction along the east side approximately 0.6 miles to the proposed permit boundary.
4. Titus County Road 1317 (NW-16) – Along the north and west side of Titus County Road 1317 (NW-16) from the intersection of U.S. Highway 271 and Titus County Road 1317 (NW-16) to the intersection of Titus County Road 1317 (NW-16) and Business U.S. Highway 271 (Loop 419).
5. Interstate Highway 30  - Along the north side of Interstate Highway 30, from the intersection of Interstate Highway 30 and the St. Louis and Southwestern Railway, and continuing approximately 0.3 mi east of the same intersection to the east permit boundary.
6. Interstate Highway 30 South Access Road - Along the south side of Interstate Highway 30 South Access Road, from the intersection of Titus County Road 2550 (SW-5) to the intersection of Titus County Road 2435 (SW-29).
7. Interstate Highway 30 North Access Road - Along the north side of Interstate Highway 30 North Access Road, from the intersection of Titus County Road 1065 (NW-19), and
continuing approximately 3.2 mi east of the same intersection (excluding a 300-foot segment that is not in the permit area).
8. FM 127 - Along the north side of FM 127, from the intersection of Titus County Road 2500 (SW-19) and FM 127 to the intersection of Titus County Road 2400 (SW-35) and FM 127.
9. FM 2152 - Along both sides of FM 2152, from the intersection of FM 2152 and Titus County Road 1635 (NW-20) to the intersection of FM 2152 and Titus County Road 1535 (NW-26).  Also along the west side of FM 2152 between its intersections with Titus County Road 1620 (NW-12B) and Titus County Road 1635 (NW-20), and along the east side of FM 2152 between its intersections with Titus County Road 1535 (NW-26) and Titus County Road  1660 (NW-41).
10. FM 1734 - Along the east side of FM 1734, from its intersection with U.S. Highway 67 to its intersection with Titus County Road 1165 (NW-13), and along its south side between its intersections with Titus County Road 1165 (NW-13) and Titus County Road 1160 (NW-15C).  Also along the south side of FM 1734 from its intersection with Titus County Road 1160 (NW-15C) to the intersection of Titus County Road 1150, then along the north  side of FM 1734 from this point to a point located approximately 0.6 miles west from the intersection of FM 1734 and U.S. Highway 271 at the permit boundary.
11. FM 1402 - Along the west side of FM 1402, from the intersection of FM 1402 and Titus County Road 1740 (NW-28A), to the intersection of FM 1402 and Titus County Road 1670 (NW-40).
12. Titus County Road 1200 (NW-4) - Along both sides of Titus County Road 1200 (NW-4), from the intersection of Titus County Road 1312 (NW-12) and Titus County Road 1200 (NW-4), to a point approximately 1.8 miles northwest of the intersection, then another 0.25 mile along the east side of Titus County Road 1200 (NW-4).
13. Titus County Road 1153 (NW-6) - Along both sides of Titus County 1153 (NW-6), from the intersection of Titus County Roads 1153 (NW-6) and 1150 (NW-15) and continuing to a point approximately 0.3 miles west of the same intersection at the west permit boundary.
14. Titus County Road 1160 (NW-15C) - Along both sides of Titus County 1160 (NW-15C), from the intersection of FM 1734 to the Barrett Cemetery (entire length of road).
15. Titus County Road 1150 (NW-15) - Along both sides of Titus County Road 1150  (NW-15), from the intersection of FM 1734 and Titus County Road 1150 (NW-15), and continuing to a point approximately 0.8 miles north of the same intersection (excluding a short segment that is not in the permit area) then along the east side of Titus County Road 1150 (NW-15) for an additional 0.6 mile.
16. Titus County Road 1240 (NW-17) - Along the south side of Titus County Road 1240 (NW-17), from the intersection of Titus County Roads 1240 (NW-17) and 1140 (NW-21), and continuing to a point approximately 0.5 miles west of the same intersection.
17. Titus County Road 1065 (NW-19) - Along the east side of Titus County Road 1065 (NW-19), from the intersection of U.S. Highway 67 and Titus County Road 1065 (NW-19), and continuing to the intersection of Interstate Highway 30 North Access Road and Titus County Road 1065 (NW-19).
18. Titus County Road 1635 (NW-20) - Along the north side of Titus County Road 1635 (NW-20), from the intersection of FM 2152 to a point approximately 0.9 mile from that intersection.
19. Titus County Road 1140 (NW-21) - Along both sides of Titus County Road 1140 (NW-21) from the intersection of FM 1734 and Titus County Road 1140 (NW-21) to the intersection of Titus County Road 1140 (NW-21)and Titus County Road 1240 (NW-17).
20. Titus County Road 1430 (NW-24) - Along the south side of Titus County Road 1430 (NW-24), from the intersection of U.S. Highway 271 and Titus County Road 1430 (NW-24), and continuing east to the end of this portion of road, approximately 0.5 mi east of the same intersection (remaining portion of road).
21. Titus County Road 1535 (NW-26) - Along the south side of Titus County Road 1535 (NW-26), from its intersection with FM 2152 westward approximately  0.5 mile.
22. Titus County Road 1670 (NW-40) – Along the south side of Titus County Road 1670 (NW-0) approximately 1.1 mile from its intersection with FM 1402.
23. Along both sides for the entire length of the following Titus County Roads: 2520 (SW-19B), 2470 (SW-33), 1740 (NW-28A), 1749 (NW-28B), 1760 (NW-28F), 1765 (NW-28-G) and 1325 (NW-33A).
24. Titus County Road  2550 (SW-5 and SW-22) - Along both sides of Titus County Road 2550 (SW-5 and SW-22), from the intersection of Interstate Highway 30 South Access Road to a point approximately 2.7 miles to the southeast.  
25. Titus County Road 2670 (SW-5) - Along the west side of Titus County Road 2670 (SW-5), from a point approximately 0.4 mi north of the intersection of Titus County Road 2650 (SW-7) and Titus County Road 2670 (SW-5), and continuing north approximately 0.23 miles to a point at the permit boundary.  From that point, continuing north along both sides of Titus County Road 2670 (SW-5) to the intersection of Titus County Road 2670 (SW-5) and Titus County Road 2550 (SW-22).
26. Titus County Road 2650 (SW-7) - Along the north side of Titus County Road 2650 (SW-7), from its intersection with Titus County Road 2600 (SW-11), and continuing to a point approximately 0.25 mile west of the same intersection.
27. Titus County Road 2600 (SW-11) - Along the north side of Titus County Road 2600 (SW-11), from its intersection with Titus County Road 2650 (SW-7), and continuing to a point approximately 0.75 miles east of the same intersection at the east permit boundary.
28. Titus County Road 2500 (SW-19) - Along both sides of Titus County Road 2500 (SW-19), from the intersection of Interstate Highway 30 Access to the intersection of FM 127 at the south permit boundary.
29. Titus County Road 2400 (SW-35) - Along the west side of Titus County Road 2400 (SW-35), from a point approximately 0.1 miles south of the intersection of FM 899 and Titus County Road 2400 (SW-35) (permit boundary), and continuing to the intersection of FM 127 and Titus County Road 2400 (SW-35).
30. Titus County Road 1135 (NW-12) – Along both sides of Titus County Road 1135 (NW-12) from the intersection of Titus County Road 1135 (NW-12) and FM 1734 to the intersection of Titus County Road 1135 (NW-12) and Titus County road 1200 (NW-4).
31. Franklin County Road SE-4130 - Along the east side of Franklin County Road SE-4130, from a point approximately 0.2 mi north of the intersection of Titus County Road 2630 (SW-12) and Franklin County Road SE-4130, and continuing to a point approximately 1.0 mi south of the intersection of Interstate Highway 30 South Access Road and Franklin County Road SE-4130.

Road Closures and Relocations
The following Titus County Roads are proposed to be closed during the permit term:

Date                         Road                Shown on Plate(s)
Dec 2014                County Road 1400               Plate 139-1-11

Once received, the appropriate documentation for closure of the road sections described above will be found in Appendix A of this permit application.
Once the aforementioned county roads have been closed, it is requested by Luminant Mining Company LLC that the county roads be approved as temporary ancillary roads.  County roads were designed and constructed under the specifications and supervision of the Titus County Commissioners’ Court and satisfy the performance standards of Section 12.400(b) of the regulations.
Through normal use, these roads will be maintained to control or prevent erosion, siltation and air pollution attendant to erosion; control or prevent damage to fish and wildlife resources; control or prevent contributions of suspended solids to stream flow or runoff outside the permit area; neither cause or contribute to violations of State or Federal water quality standards applicable to receiving waters; not seriously alter the normal flow of water in streambeds or drainage channels; control or prevent damage to public or private property; and non acid or non toxic-forming substances in road surfacing.
The reclamation bond will be calculated to support the use of these abandoned public roads for surface mining related activities.  Detailed design plans will be submitted prior to any road design modifications.
No relocations or closings will be undertaken until all necessary approvals have been obtained from the proper state and county offices and approval received from the Railroad Commission of Texas.
All county roads within the Monticello Winfield Mine Area have established fences on both sides and Titus County and Franklin County maintain the area within these right-of-way fences.  Luminant proposes to use these established fence lines as the right-of-way boundary on each side of these roads.  Actual field measurements of the right-of-way widths (fence to fence) of several of these county roads yielded an average width of 40 feet.  Therefore, where fence lines may not exist, Luminant proposes to use 40 feet (or 20 feet on either side of the road as measured from the road centerline) as the right-of way width.  Luminant will notify the Commission in a timely fashion should applicant become aware of a situation in which a county road right-of-way may differ from the aforementioned width.

A copy of the complete Application titled, Monticello-Winfield Mine, Permit No. 34E Renewal/Revision/Expansion dated April 23, 2012, consisting of 25 volumes, labeled Volumes 1 through 25 may be inspected in the main office of the Railroad Commission of Texas at 1701 North Congress, William B. Travis Building, Austin, Texas, the Tyler Regional Office at 2202 Old Henderson Highway, Tyler, Texas or at the office of the Titus County Clerk’s office, 100 W. First Street, Mount Pleasant, Texas 75455, or at the office of the Franklin County Clerk’s office, 200 Kaufman Street North, Mount Vernon, Texas 75457.

This permit application may be supplemented from time to time, with supplemental information placed in separate volumes and filed for public inspection.  Interested persons should contact the Hearings Examiner or continue to check the public copies of the application to determine the current status.

Monticello-Winfield Mine Map