After receipt of notification of approval as provided in §11.94 of this title (relating to Surface Mining Permit Application Approval), applicant shall submit to the commission within 180 days following notification of approval:
  (1) a certificate of insurance on a form provided by the commission and executed by an insurance company authorized to conduct business in the State of Texas covering all surface mining operations authorized by said permit showing protection of the following types in the amounts indicated:
    (A) bodily injury, $500,000 per person, $1.5 million per accident;
    (B) property damage, $1 million per accident; which includes but is not limited to damage resulting from the use of explosives;
  (2) cash or check, made payable to the Railroad Commission of Texas, in the amount set forth in the notice of approval to cover the approved application fee or the first annual installment thereon; and
  (3) unless the commission accepts the bond of the operator itself, as provided in §§11.201-11.206 of this title (relating to Amount of Bond; Personal Bond; Duration of Liability; Form of Bond or Collateral; Changes in Coverage; and Release or Reduction of Bonds), a performance bond (or other substitute collateral) covering the surface mining operation or the first increment thereof, on a form to be provided by the commission (payable to the Railroad Commission of Texas) and conditioned on full and faithful performance of all requirements of the Act and the permit for which the application was filed; provided, however, that if the bond (or other substitute collateral) is provided in increments, it shall cover that area of land within the permit area on which the first increment of surface mining and reclamation operations will be conducted. The applicant shall give the commission 30 days notice before undertaking each additional increment of surface mining operations and shall include with such notice an appropriate performance bond for such increment.

Source Note: The provisions of this §11.95 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective November 1, 2010, 35 TexReg 9724