(a) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the surface coal mining and reclamation operation. The description shall include:      
        (1) location;        
          (2) plans of the structure which describe its current condition;          
            (3) approximate dates on which construction of the existing structure was begun and completed; and            
              (4) a showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of Subchapter K of this chapter (relating to Permanent Program Performance Standards).              
                (b) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the surface coal mining and reclamation operation. The compliance plan shall include:                
                  (1) designspecifications for the modification or reconstruction of the structure to meet the design and performance standards of Subchapter K of this chapter (relating to Permanent Program Performance Standards);                  
                    (2) a construction schedule which shows dates for beginning and completing interim steps and final reconstruction;                    
                      (3) provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of Subchapter K of this chapter (relating to Permanent Program Performance Standards) are met; and                      
                        (4) a showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.                       
     Source Note:        The provisions of this §12.140 adopted to be effective April 7, 1997, 22 TexReg 3093.