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RULE §329.9Procedures for Application

(a) An application is administratively complete when received with all the information as required by Chapter 305 of this title (relating to Consolidated Permit), as appropriate, and this chapter.

(b) Application for a drilled or mined shaft permit shall be submitted with six copies of the completed application, including all reports and statements.

(c) The following shall be included in an application for a drilled or mined shaft permit:

  (1) the manner in which financial assurances will be attained;

  (2) an environmental assessment or environmental impact statement, if required by the Texas Water Code, §28.038;

  (3) a decommissioning and closure plan;

  (4) a fee, based on estimated cost of application processing and review, of not less than $10,000, which shall include, but is not limited to, consultants' fees, lab work, personnel salaries, support services, travel expenses, computer time, and informational services;

  (5) a letter from the Railroad Commission of Texas stating that drilling or mining of the proposed shaft and use of the proposed shaft will not endanger or injure any oil or gas formation or significantly limit the potential for future recovery of or exploration for oil or gas; and

  (6) a statement of the current status of any litigation involving the project or proposed siting of the shaft.

(d) The executive director will submit to the Railroad Commission of Texas, Texas Department of Health, Texas Air Control Board, Texas Department of Parks and Wildlife and to the Commissioners Court of the affected county a copy of the application including all amendments.

(e) The provisions of Chapter 281 of this title (relating to Applications Processing) do not apply to the processing of new shaft applications under these sections.

Source Note: The provisions of this §329.9 adopted to be effective May 13, 1986, 11 TexReg 1978.

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