A person conducting surface coal mining operations, under a permit issued or amended by the Commission in accordance with its requirements and those of Section 502 of the Federal Act, may conduct these operations beyond the period prescribed in §12.103 of this title (relating to General Requirements for Permits--Operators), if:
  (1) timely and complete application for a permit has been made to the Commission in accordance with the provisions of the Act and this subchapter (relating to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures Systems);
  (2) the Commission has not yet rendered an initial decision with respect to such application; and
  (3) the operations are conducted in compliance with all terms and conditions of the interim permit, the requirements of the Act and this chapter (relating to Coal Mining Regulations).

Source Note: The provisions of this §12.104 adopted to be effective April 7, 1997, 22 TexReg 3093.