PERMIT NO. 34E, LUMINANT MINING COMPANY LLC, MONTICELLO-WINFIELD MINE DOCKET NO. C12-0006-SC-34-F, 2,402.1 ACRES
Pursuant to Section 134.128 - .134 of the Texas Surface Coal Mining and Reclamation Act, TEX. NAT. RES. CODE ANN. (Vernon 2011) and Section 12.312 - .313 of the Coal Mining Regulations, Tex. R.R. Comm’n, 16 TEX. ADMIN. CODE Ch. 12 (West Group 2011), Luminant Mining Company LLC, 500 N. Akard Street, Dallas, Texas 75201, has submitted its application to the Railroad Commission of Texas for Phase I (254.2 acres); Phases I, II, and III (14.4 acres); and Phases III (2,133.5 acres); release of reclamation performance bond obligations for a portion of its Monticello-Winfield Mine Permit No. 34E in Titus and Franklin Counties, Texas. The Monticello Winfield Mine permit area is located in Titus and Franklin Counties, Texas, approximately two miles north of Mount Pleasant, Texas. Permit No. 34E was approved on October 23, 2007.
The applicant requests a release of Phases I, II, & III (100%) reclamation obligations on 14.4 acres; Phase I (60%) reclamation obligations on 254.2 acres; Phases III (15%) reclamation obligations on 2,133.5 acres. Phase I requires the completion of backfilling and regarding. Phase II requires that revegetation has been established, and Phase III requirements include the completion of both the Extended Responsibility Period (ERP) and all reclamation activities including surface water and groundwater requirements. The areas requested are shown on the map printed with this public notice. Mining operations were conducted on the 2,402.1 acres in 1986–2005. Final grading was accomplished on these areas in 1991-2005, and vegetation was planted in 1992–2008. The approved postmine land use for this acreage is pastureland (360.1 acres),native pastureland (15.6 acres) fish and wildlife habitat (937.9 acres), developed water resources (161.6 acres), Industrial/Commercial (12.5 acres), and forestry (914.4 acres). These areas were accepted by the Commission into the five year extended responsibility period from 1998–2010. The following structures are located within the boundaries of this release area: 22 permanent impoundments, 11 permanent roads, 8 permanent diversions, and 40 drop structures.
Portions of the area requested for release were used as waste disposal sites in accordance with Railroad Commission of Texas (RCT) and Texas Commission on Environmental Quality (TCEQ) regulations. Three disposal sites are within the area proposed for release and are made up of three separate tracts containing 117 acres, 9.7 acres, and 7.8 acres. These areas have been deed-recorded with the county deed records as waste management units for Class III (non-hazardous) waste and registered with the TCEQ.
The accepted bond for Permit No. 34E is $87,000,000. The applicant does not seek adjustment to the approved bond as a result of this application; however, an eligible bond reduction amount may be determined.
Interested persons are invited to submit written comments on the application within thirty days after the last date of publication of this notice in a local newspaper. All written comments, objections or requests for public hearing or informal conference on the application should be directed to:
Mr. John E. Caudle, Director
Surface Mining and Reclamation Division
Railroad Commission of Texas
P.O. Box 12967
Austin, Texas 78711-2967
A copy of the complete application may be inspected at the main office of the Railroad Commission of Texas at 1701 North Congress, William B. Travis Building, Austin, Texas; at the Commission’s Regional Office located at 2202 Old Henderson Highway, Tyler, Texas 75702, in the office of the Franklin County Clerk, 200 North Kaufman Street, Mount Vernon, TX 75457 and in the office of the Titus County Clerk, 100 West First Street, Suite 204, Mount Pleasant, TX 75455. The application may be supplemented and should be reviewed periodically. 75455. The application may be supplemented and should be reviewed periodically.