(a) Applicability. Pursuant to appropriate petitions, lands listed in §12.71(a) of this title (relating to Areas Where Surface Coal Mining Operations are Prohibited or Limited) are subject to designation as unsuitable for all or certain types of Surface coal mining operations under this Division and Division 4 of Subchapter F (relating to Lands Unsuitable for Mining).
(b) Exploration Restrictions. Designation of any area as unsuitable for all or certain types of surface coal mining operations pursuant to §§134.016-134.022 of the Act and regulations of this subchapter (relating to Lands Unsuitable for Mining) does not prohibit coal exploration operations in the area, if conducted in accordance with the Act, this chapter (relating to Coal Mining Regulations), the approved state program and other applicable requirements. Exploration operations on any lands designated unsuitable for surface coal mining operations must be approved by the Commission under §§12.109-12.115 of this title (relating to General Requirements for Coal Exploration) to ensure that exploration does not interfere with any value for which the area has been designated unsuitable for surface coal mining.

Source Note: The provisions of this §12.77 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective June 9, 2003, 28 TexReg 4412