(a) An applicant for a permit to conduct surface coal mining operations on lands eligible for remining must comply with this section.
(b) The application shall be made according to all requirements of this subchapter applicable to surface coal mining and reclamation operations and shall:
  (1) to the extent not otherwise addressed in the permit application, identify potential environmental and safety problems related to prior mining activity at the site and that could be reasonably anticipated to occur. This identification shall be based on a due diligence investigation which shall include visual observations at the site, a record review of past mining at the site, and environmental sampling tailored to current site conditions; and
  (2) with regard to potential environmental and safety problems referred to in paragraph (1) of this subsection, describe the mitigative measures that will be taken to ensure that the applicable reclamation requirements of the regulatory program will be met.

Source Note: The provisions of this §12.206 adopted to be effective February 24, 2014, 39 TexReg 1121