With respect to pipelines transmitting crude oil, liquid petroleum, natural gas, toxic or flammable substances:
  (1) identify and describe pipelines located in the permit area and within 100 feet thereof in the application for a surface mining permit;
  (2) visibly mark the location of pipelines at 200-foot intervals throughout the permit area;
  (3) ensure a minimum of six feet of compacted material between the pipeline and any haul road or access road within the permit area which crosses over it;
  (4) not create a cut within one hundred feet or one times the depth of the cut (whichever is greater) of any pipeline;
  (5) conduct blasting operations in accordance with state and federal laws; but, in no case shall blasting be conducted within 500 feet of a pipeline;
  (6) comply with Railroad Commission of Texas Pipeline Safety Rules (16 Texas Administrative Code, Chapter 8) and 49 CFR 191, 192, and 199; and
  (7) at the discretion of the Commission, variances to paragraphs (2)-(5) of this section may be granted by the Commission. Variances to paragraphs (3)-(5) of this section will be granted if, in the opinion of the Commission, the structural integrity of the pipeline will be maintained and if agreed to by the owner of the pipeline.

Source Note: The provisions of this §12.382 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503