Railroad Commission to hold Dos Republicas Coal Partnership Public Hearing in Eagle Pass during April 3-4, 2019

By: Miguel Munoz, Eagle Pass Business Journal, Inc., Copyright 2019

The Railroad Commission of Texas has announced that it will hold a public hearing for public comments and requests for party status to Dos Republicas Coal Partnership’s (DRCP) Application for renewal and revision of its surface coal mining and reclamation Permit No. 42B for the Eagle Pass Mine beginning at 5 P.M. on Wednesday, April 3, 2019 and ending at 10 P.M. at the City of Eagle Pass International Center for Trade, 3295 Bob Rogers Drive, in Eagle Pass, Texas and continuing on Thursday, April 4, 2019 at the same location from 9 A.M. to 3 P.M.  

Dos Republicas Coal Partnership is seeking to renew and revise (expand) its Railroad Commission of Texas Permit No. 42B to operate and manage for an additional five (5) years permit its open surface coal mine known as Eagle Pass Mine consisting of approximately 6,348 acres located in Maverick County, Texas.

The purpose of the public hearing during April 3-4, 2019 will be to receive public comments and requests for party status from interested individuals, governmental entities, businesses, and organizations seeking to address the pending application of Dos Republicas Coal Partnership to renew and revise (expand) its current Permit No. 42B for its controversial open surface coal mine known as Eagle Pass Mine, located approximately five miles north of the City of Eagle Pass, Texas city limits near FM 1588 (Thompson Road).  

The portion of the Railroad Commission of Texas hearing for the merits of the application, including the presentation of evidence and testimony on the regulatory sufficiency of DRCP’s application, will be held at a later date. A Rairlroad Commission administrative law judge will hold the public hearing. 

Public comments may be made at this portion of the public hearing in Eagle Pass, Texas.  Notice of DRCP’s application for renewal and revision (expansion) of its Eagle Pass Mine was previously published in local newspapers, and written comments have previously been taken from interested persons. Public comments must be relevant to the application for renewal/revision of Permit No. 42B.  

Persons having an interest which is or may be adversely affected by the application and who wish to become parties to the proceeding to participate at the later Railroad Commission hearing on the merits are asked to file a written request for party status with the Railroad Commission of Texas by Monday, March 25, 2019.  All requests for party status must be received by the Railroad Commission no later than Monday, April 1, 2019.  Persons intending to participate as parties should review the Railroad Commission’s procedural rules, “Practice and Procedures,” available on the Commission’s website, www.rrc.state.tx.us, in order to be aware of the responsibilities of parties, including participation in the presentation of testimony, evidence, and cross-examination. 

Requests for party status or questions concerning the hearing should be directed to Kyle L. Lebby, Administrative Law Judge, Hearings Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967.  The public hearing will be held pursuant to the Texas Surface Coal Mining and Reclamation Act, Texas Natural Resources Code Annotated, Chapter 134, the Administrative Procedure Act, Texas Government Code, Chapter 2001, and the Commission’s “Practice and Procedure” and the “Coal Mining Regulations,” 16 Texas Administrative Code, Chapters 1 and 12, respectively.

Interested persons who wish to make public comments during the April 3-4, 2019 public hearing are recommended to also make a written copy of their comments for presentation to the Railroad Commission for their Permit No. 42B case file.  Persons making public comments are not legally required to seek party status, but are encouraged to do so.  

Copies of Dos Republicas Coal Partnership’s application to renew and revise (expand) its open surface coal mining Permit No. 42B are available for public review in the Office of the Maverick County Clerk, 500 Quarry Street, Suite 2, Eagle Pass, Texas 78852, and at the Railroad Commission’s Surface Mining and Reclamation Division, 10th Floor, 1701 North Congress Avenue, Austin, Texas 78701.