2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.085. Review Periods for New Permits, Renewals, and Revisions

Sec. 134.085.  REVIEW PERIODS FOR NEW PERMITS, RENEWALS, AND REVISIONS.  (a)  Not later than the seventh day after the date the commission receives an application for a new permit or for renewal or a significant revision of a permit, the director shall complete a review of the application to determine whether the application is complete.
(b)  If the director determines that the application is complete, the director shall file the application with the commission's office of general counsel for processing under commission rules and Chapter 2001, Government Code.
(c)  If the director determines that the application is not complete, the director shall send a written notice to the applicant that identifies the specific information that the applicant must provide to the commission.  Not later than the seventh day after the date the commission receives the requested information, the director shall complete another review of the application to assess the completeness of the application.
(d)  Not later than the 120th day after the date the commission receives an application described by Subsection (a) that the director determines is complete, the director shall complete the technical review of the application and make a recommendation to approve or deny the application to the commission's office of general counsel.
(e)  If the director determines that the application is deficient under Subsection (d):
(1)  the period required by Subsection (d) for completing the review of the application is tolled until the date the commission receives the requested information from the applicant; and
(2)  the director shall send a written notice to the applicant that notifies the applicant:
(A)  that the review period required by Subsection (d) is being tolled;
(B)  of the reason the review period is being tolled;
(C)  of the information the applicant must submit to the commission before the commission will resume the review of the application; and
(D)  of the number of days remaining that the commission has to review the application after the commission receives the requested information from the applicant.
(f)  If the applicant submits supplemental information to the commission that is not in response to a request for information under Subsection (e), the director may extend the review period required by Subsection (d) for an additional period of not more than 60 days.  The director shall provide written notice to the applicant that includes the director's decision regarding whether to extend the review period, the reason for the decision, and the number of days remaining in the review period.
(g)  This subsection and Subsection (h) apply only to an application for a permit revision that the director determines is not a significant departure from the approved method or conduct of mining and reclamation operations.  Not later than the 90th day after the date the commission receives a complete application, the director shall provide written notice to the applicant that the permit revision request has been approved or denied.
(h)  If the director determines that the application is deficient:
(1)  the review period required by Subsection (g) to approve or deny the application under this section is tolled until the date the commission receives the requested information from the applicant; and
(2)  the director shall send a written notice to the applicant that notifies the applicant:
(A)  that the review period required by Subsection (g) is being tolled;
(B)  of the reason the review period is being tolled;
(C)  of the information that the applicant must submit to the commission before the commission will resume the review of the revision application; and
(D)  of the number of days remaining that the commission has to review the application after the commission receives the requested information from the applicant.
Added by Acts 2011, 82nd Leg., R.S., Ch. 143 (S.B. 1478), Sec. 3, eff. May 27, 2011.