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Public Notice of Proposed Release of Reclamation Obligations for Surface Coal Mining and Reclamation Permit - 10/17/2013



Pursuant to Section 134.128 - .134 of the Texas Surface Coal Mining and Reclamation Act, TEX. NAT. RES. CODE ANN. (Vernon 2013) and Section 12.312 - .313 of the Coal Mining Regulations, Tex. R.R. Comm’n, 16 TEX. ADMIN. CODE Ch. 12 (West Group 2013), Luminant Mining Company LLC, 1601 Bryan Street, Dallas, Texas 75201, has submitted its application to the Railroad Commission of Texas for Phases I (242.3 acres); Phase I, II, & III (193.9 acres); Phases II & III (1,046.6 acres); and Phase III (137.4 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 and the most recent bond for the permit was approved on May 15, 2012.

The applicant requests a release of Phases I, II, & III (100%) reclamation obligations on 193.9 acres, Phase I (60%) reclamation obligations on 242.3 acres, Phase II & III (40%) reclamation obligations on 1,046.6 acres, and Phase III (15%) reclamation obligations on 137.4 acres. Phase I requires the completion of backfilling, regrading and drainage control.  Phase II requires that revegetation has been established and that the areas not contribute suspended solids to streamflow or runoff outside the permit area in excess of the limitations required by the Act and Regulations, and Phase III requirements include the completion of both the five-year 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 1,620.2 acres in 1989–2005.  Final grading was accomplished on these areas in 1992-2009, and vegetation was planted in 1992–2010.  The approved postmine land use for this acreage is fish and wildlife habitat (449.6), forestry (746.7), pastureland (334.9 acres), developed water resources (84.7), undeveloped (3.8), and Industrial/Commercial (.5 acres).  Vegetation was declared successfully established and accepted by the Commission into the five year extended responsibility period from 1998 to 2007 where applicable. The following structures are located within the boundaries of this release area: 12 permanent impoundments, 23 permanent drop structures including inlets and spillways, 5 permanent stream diversions, 12 permanent roads, and 18 small depressions.

The accepted bond for Permit No. 34E is $120,000,000.  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:

John E. Caudle, P.E., 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, 78701; 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.

23BR1620_34E-Model.jpg public notice map