1. (a) Prior to submission of an application for permit, persons considering the construction of a new shaft which may be defined as a shaft subject to this chapter must contact the executive director and obtain a determination whether or not the proposed activity is subject to this chapter.

2. (b) The following information must be submitted for this determination:

   1. (1) the proposed or existing location of the shaft;
   2. (2) the activity proposed, and if applicable, the existing activity; and
   3. (3) the proposed or, if applicable, existing depth of the shaft.
3. (c) An applicant may provide information supporting its position that the new or existing shaft, due to local conditions, will not penetrate into or through an uppermost water-bearing strata for the purposes of this determination.

Source Note:The provisions of this §329.5 adopted to be effective May 13, 1986, 11 TexReg 1978.