Each applicant shall submit to the Commission an application for small operator assistance program containing the following information in order to procure funds for program services:
  (1) a statement of intent to file a permit application;
  (2) the names and addresses of:
    (A) the potential permit applicant; and
    (B) the potential operator if different from the applicant;
  (3) a schedule of the estimated total production of coal from the proposed permit area and all other locations from which production is attributed to the applicant under the eligibility parameters. The schedule shall include for each location:
    (A) the name under which coal is or will be mined;
    (B) the permit number and Mine Safety and Health Administration (MSHA) identification number;
    (C) the actual coal production for the year preceding the application for assistance and that portion of the production attributed to the applicant; and
    (D) the estimated coal production for each year of the proposed permit and that portion attributed to the applicant;
  (4) A description of:
    (A) the method of surface coal mining operation proposed;
    (B) the anticipated starting and termination dates of mining operations;
    (C) the number of acres of land to be affected by the proposed mining; and
    (D) a general statement on the probable depth and thickness of the coal resource, including a statement of reserves in the permit area and the method by which they were calculated;
  (5) A U.S. Geological Survey topographic map which clearly shows:
    (A) the area of land to be affected and the natural drainage above and below the affected area;
    (B) the names of property owners within the area to be affected and of adjacent lands;
    (C) the location of existing structures and developed water sources within the area to be affected and on adjacent lands;
    (D) the location of existing and proposed test boring or core samplings; and
    (E) the location and extent of known workings of any underground mines; and
  (6) Copies of documents which show that:
    (A) the applicant has a legal right to enter and commence mining within the permit area; and
    (B) a legal right of entry has been obtained for the Commission, Office and laboratory personnel to inspect the lands to be mined and adjacent lands which may be affected to collect environmental data or install necessary instruments.

Source Note: The provisions of this §12.238 adopted to be effective April 7, 1997, 22 TexReg 3093.