Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 6 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 12.27 - Contents of Application for Exemption

Current through Reg. 49, No. 28; July 12, 2024
An application for exemption shall include, at a
						minimum:
(1) the name and address of
					 the applicant;
(2) a list of the
					 minerals sought to be extracted;
(3) estimates of annual production of coal
					 and the other minerals within each mining area over the anticipated life of the
					 mining operation;
(4) estimated
					 annual revenues to be derived from bona fide sales of coal and other minerals
					 to be extracted within the mining area;
(5) where coal or the other minerals are to
					 be used rather than sold, estimated annual fair market values at the time of
					 projected use of the coal and other minerals to be extracted from the mining
					 area;
(6) the basis for all annual
					 production, revenue, and fair market value estimates;
(7) a description, including county, township
					 if any, and boundaries of the land, of sufficient certainty that the mining
					 areas may be located and distinguished from other mining areas;
(8) an estimate to the nearest acre of the
					 number of acres that will compose the mining area over the anticipated life of
					 the mining operation;
(9) evidence
					 of publication, in a newspaper of general circulation in the county of the
					 mining area, of a public notice that an application for exemption has been
					 filed with the Commission. (The public notice must identify the persons
					 claiming the exemption and must contain a description of the proposed operation
					 and its locality that is sufficient for interested persons to identify the
					 operation.);
(10) representative
					 stratigraphic cross-section(s) based on test borings or other information
					 identifying and showing the relative position, approximate thickness and
					 density of the coal and each other mineral to be extracted for commercial use
					 or sale and the relative position and thickness of any material, not classified
					 as other minerals, that will also be extracted during the conduct of mining
					 activities;
(11) a map of
					 appropriate scale which clearly identifies the mining area;
(12) a general description of mining and
					 mineral processing activities for the mining area;
(13) a summary of sales commitments and
					 agreements for future delivery, if any, which the applicant has received for
					 other minerals to be extracted from the mining area, or a description of
					 potential markets for such minerals;
(14) if the other minerals are to be
					 commercially used by the applicant, a description specifying the use;
(15) for operations having extracted coal or
					 other minerals prior to filing an application for exemption, in addition to the
					 information required above, the following information must also be submitted:
(A) any relevant documents the operator has
					 received from the Commission documenting its exemption from the requirements of
					 the Act;
(B) the cumulative
					 production of the coal and other minerals from the mining area; and
(C) estimated tonnages of stockpiled coal and
					 other minerals; and