Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,215
1163-1244 p. ; 28 cm.View a full description of this periodical.
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329.8. Application for Permit.
(a) A technical report prepared either
by a registered professional engineer, or by
a qualified person who is competent and ex-
perienced in the field to which the applica-
tion related or who is thoroughly familiar
with the operation or project for which the
application is made, shall be submitted as
part of the application for new permit. At
a minimum, the report shall include the
following:
(1) a general description and intend-
ed purpose of all facilities and systems pro-
posed to be used for, or in connection with,
construction and operation of a shaft by
mining or drilling;
(2) a surveyor's plat showing the ex-
act location from property lines and survey
lines, and giving the latitude and longitude
of the shaft and a map(s) showing the loca-
tion of the shaft for which a permit is
sought, and the applicable area of rev:iw.
Within the area of review, the map(s) must
show the number, name, and location of all
boreholes and other pertinent surface
features;
(3) a tabulation of data of all bore-
holes within the applicable area of review.
Such data shall include a description of each
penetration's type, construction, date drilled,
location, depth, record of plugging and corn-
pletion, and any additional information the
executive director may require;
(4) maps and cross-sections, as nec-
essary, indicating the general vertical and
lateral limits of aquifers within the applicable
area of review, their positions relative to the
formation, or formations, or stratigraphic
units the shaft is constructed to reach;
(5) the text of the report shall dis-
cuss the geology, hydrogeology, and ground-
water use and development within the ap-
plicable area of review; and with respect to
the shaft: design, construction, sealing,
decommissioning, mechanical integrity, op-
erating procedures, and monitoring.
(b) After an appropriate review, the
executive director may modify the require-
ments for application of this section if he
finds that additional information is required
to evaluate the shaft, or that information re-
quired herein is not reasonably available and
is not necessary for a full evaluation of the
application.
329.9. Procedures for Application,
(a) An application is administrative.
ly complete when received with all the infor-
mation as required by Chapter 305 of this
title (relating to Consolidated Permits), as
appropriate, and this chapter.
(b) Application for a drilled or mined
shaft permit shall be submitted with six
copies of the completed application, includ-
ing 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 ex-
penses, computer time, and informational
services;
(5) a letter from'the Railroad Com-
mission of Texas stating that drilling or min-
ing of the proposed shaft and use of the pro-
posed shaft will not endanger or injure any
oil or gas formation or significantly limit the
potential for future recovery of or explora-
tion for oil or gas; and
(6) a statement of the current status
of any litigation involving the project or pro-
posed 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 applica-
tion including all amendments.
(e) The provision of Chapter 281 of
this title (relating to Applications Process-
ing) do not apply to the processing of new
shaft applications under these sections.
329.10. Permit Required.
(a) All shaft subject to this subchapter
shall be specifically authorized by permit.
Shafts serving the same underground work-
ing, or built as part of a single comprehen-
sive ore body exploration or evaluation pro-
gram, may be included in one permit. Addi-
tional shafts to be added after the permit is
issued may be authorized by permit amend-
ment after a demonstration as in 329.11(b)
of this title (relating to Construction Stan-
dards for Shafts).
(b) A permit shall include terms and
conditions reasonably necessary to protect
the major and minor aquifers from pollu-
tion. The per mit shall include requirements
regarding the construction, operation, and
decommissioning of a new shaft and correc-
tive action, if necessary, to prevent pollution
resulting from inadequately constructed,
completed, and abandoned boreholes within
the area of review. In the event that, after
construction of a new shaft has commenced,
evidence indicates that a well within the area
of review of a shaft might pose a hazard to
a major or minor aquifer, the executive
director may. prescribe a corrective action
plan and compliance schedule to remedy
such hazard as a condition for continued
construction, use, or operation.
329.11. Construction Standards for
Shqfts.
(a) The provisions of this subchapter
apply to new shafts within the commission's
jurisdiction.(b) All shafts shall be constructed to
prevent migration of fluids that may cause
or allow the pollution of aquifers. Construc-
tion materials used in each shaft shall be
designed for the life expectancy of the shaft.
(c) Appropriate surveys; logs, and
other tests shall be conducted during the con-
struction of shafts. All surveys, logs, and
tests shall be interpreted by qualified per-
sons.
(d) Any proposed changes or altera-
tions to construction plans after permit is-
suance shall be filed with the executive direc-
tor and approval obtained before incorpor-
ating such changes.
329.12. Resident Inspection. The ex-
ecutive director may designate a resident in-
spector to oversee all phases of shaft activ-
ities. The resident inspector shall monitor
compliance with the terms of the permit for
all testing, construction, completion, and
operation of the shaft and report to the ex-
ecutive director.
329.13. Operating Standards.
(a) The construction, use, and opera-
tion of a new shaft shall be as authorized by
the permit.
(b) All shafts must have mechanical
integrity.
(1) A lined shaft or lined portion of
a shaft has mechanical integrity if there is
no significant leak or physical deterioration
in the casing, liners, and seals, and if there
is no detectable fluid movement through ver-
tical fluid channels adjacent to the shaft
which could cause pollution of an aquifer.
(2) An unlined shaft, or unlined
portion of a shaft, has mechanical integrity
if there is no detectable deterioration of the
wallrock which could cause pollution of an
aquifer.
(3) In the event that a lined shaft,
unlined shaft, or portion of an; unlined shaft
may have inflows of groundwater, the exec-
utive director may require a shaft and mine
water management plan be submitted as part
of the shaft permit application.
(4) Mechanical integrity of the shaft
(wallrock or casing, liners, and seals) must
be demonstrated as required by the permit,
during the life of the shaft and shall be ac-
complished by a method approved by the ex-
ecutive director.
(c) Shaft lacking mechanical integri-
ty shall undertake corrective maintenance
actions.
(1) The permittee shall notify and
obtain the approval of the executive direc-
tor before commencing any corrective main-
b tenance that is necessitated by failure to
achieve or maintain mechanical integrity.
(2) The notification shall be in writ-
ing and shall include plans for the proposed
work. The executive director may grant an
exception to the requirement for prior writ-
ten notification when immediate action is
required.March 11, 1986 11 TexReg 1215
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Texas. Secretary of State. Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986, periodical, March 11, 1986; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243767/m1/53/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.