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PUBLIC NOTICE OF APPLICATION FOR BOND RELEASE FOR SURFACE COAL MINING AND RECLAMATION PERMIT

PUBLIC NOTICE OF APPLICATION FOR BOND RELEASE FOR SURFACE COAL MINING AND RECLAMATION PERMIT MONTICELLO WINFIELD MINE, PERMIT NO. 34E LUMINANT MINING COMPANY LLC DOCKET NO. C10-0007-SC-34-F, 2,135.0 ACRES

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Pursuant to Section 134.128 - .134 of the Texas Surface Coal Mining and Reclamation Act, TEX. NAT. RES. CODE ANN. (Vernon 2009) and Section 12.312 - .313 of the Coal Mining Regulations, Tex. R.R. Comm’n, 16 TEX. ADMIN. CODE Ch. 12 (West 2009), Luminant Mining Company LLC, 500 N. Akard Street, Dallas, Texas 75201, has submitted its application to the Railroad Commission of Texas for Phase I (749.6 acres); Phases I, II, and III (150.4 acres); and Phases II and III (1,235.0 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 150.4 acres; Phases II & III (40%) reclamation obligations on 1,235.0 acres; and Phase I (60%) reclamation obligations on 749.6 acres.  The areas requested are shown on the map printed with this public notice.  Mining operations were conducted on the 2,135.0 acres in 1981–2004.  Final grading was accomplished on these areas in 1981-2004, and vegetation was planted in 1982–2007.  The approved postmine land use for this acreage is pastureland (483.6 acres), fish and wildlife habitat (551.2 acres), developed water resources (83.5 acres), Industrial/Commercial (12.4 acres), and forestry (1,004.3 acres).  These areas were accepted by the Commission into the five year extended responsibility period from 1998–2008.

The following structures are located within the boundaries of this release area: 10 permanent impoundments, 15 permanent roads, 8 permanent diversions, and 49 drop structures.

A portion of the area requested for release was used as a disposal site for Class III waste in accordance with Railroad Commission and Texas Commission on Environmental Quality regulations.

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.