The application shall include a survey which shall show whether structures or renewable resource lands exist within the proposed permit and adjacent area and whether subsidence if it occurred could cause material damage or diminution of reasonably foreseeable use of such structures or renewable resource lands. If the survey shows that no such structures or renewable resource lands exist, or no such material damage or diminution could be caused in the event of mine subsidence, and if the Commission agrees with such conclusion, no further information need be provided in the application under this section. In the event the survey shows such structures or renewable resource lands exist and that subsidence could cause material damage or diminution of value or foreseeable use of the land, or if the Commission determines that such damage or diminution could occur, the application shall include a subsidence plan which shall contain the following information:
  (1) a detailed description of the mining method and other measures to be taken which may affect subsidence, including:
    (A) the technique of coal removal, such as longwall mining, room and pillar with pillar removal, hydraulic mining or other methods;
    (B) the extent, if any, to which planned and controlled subsidence is intended; and
    (C) a description of the physical conditions, such as depth of cover, seam thickness, and lithology, which affect the likelihood and extent of subsidence and subsidence-related damage.
  (2) a detailed description of the measures to be taken to prevent subsidence from causing material damage or lessening the value or reasonably foreseeable use of the surface, including:
    (A) the anticipated effects of planned subsidence, if any;
    (B) measures, if any, to be taken in the mine to reduce the likelihood of subsidence, including such measures as:
      (i) backstowing or backfilling of voids;
      (ii) leaving support pillars of coal; and
      (iii) areas in which no real coal removal is planned, including a description of the overlying area to be protected by leaving coal in place; and
    (C) Measures to be taken on the surface to prevent material damage or lessening of the value or reasonably foreseeable use of the surface including such measures as:
      (i) reinforcement of sensitive structures or features;
      (ii) installation of footers designed to reduce damage caused by movement;
      (iii) change of location of pipelines, utility lines or other features;
      (iv) relocation of movable improvements to sites outside the angle-of-draw; and
      (v) monitoring, if any, to determine the commencement and degree of subsidence so that other appropriate measures can be taken to prevent or reduce material damage;
  (3) a detailed description of the measures to be taken to mitigate the effects of any material damage or diminution of value or foreseeable use of lands which may occur, including one or more of the following as required by §12.564 of this title (relating to Subsidence Control: Surface-Owner Protection):
    (A) restoration or rehabilitation of structures and features, including approximate land-surface contours, to premining condition;
    (B) replacement of structures destroyed by subsidence;
    (C) purchase of structures prior to mining and restoration of the land after subsidence to condition capable of supporting and suitable for the structures and foreseeable land uses; and
    (D) purchase of non-cancellable insurance policies payable to the surface owner in the full amount of the possible material damage or other comparable measures;
  (4) a detailed description of measures to be taken to determine the degree of material damage or diminution of value or foreseeable use of the surface, including such measures as:
    (A) the results of pre-subsidence surveys of all structures and surface features which might be materially damaged by subsidence; and
    (B) monitoring, if any, proposed to measure deformations near specified structures or features or otherwise as appropriate for the operation;
  (5) a map of underground workings which describes the location and extent of areas in which planned-subsidence mining methods will be used and which includes all areas where the measures described in paragraph (2) of this section will be taken to prevent or minimize subsidence and subsidence-related damage; and
  (6) other information specified by the Commission as necessary to demonstrate that the operation will be conducted in accordance with the performance standards of §§12.562-12.565 of this title (relating to Subsidence Control: General Requirements, to Subsidence Control: Public Notice, to Subsidence Control: Surface-Owner Protection, and to Subsidence Control: Buffer Zones).

Source Note: The provisions of this §12.194 adopted to be effective April 7, 1997, 22 TexReg 3093.