(a) Each application shall contain a description of
the geology, hydrology, and water quality and quantity of all lands
within the proposed permit area, the adjacent areas, and the general
area. The description shall include information on the characteristics
of all surface and ground waters within the general area, and any
water which will flow into or receive discharges of water from the
general area. The description shall include geologic information in
sufficient detail to assist in determining:
(1) the probable hydrologic consequences of the operation
upon the quality and quantity of surface and ground water in the permit
and adjacent areas, including the extent to which surface- and ground-water
monitoring is necessary;
(2) all potentially acid- or toxic-forming strata down
to and including the stratum immediately below the lowest coal seam
to be mined; and
(3) whether reclamation as required by this chapter
(relating to Coal Mining Regulations) can be accomplished and whether
the proposed operation has been designed to prevent material damage
to the hydrologic balance outside the permit area.
(b) The description shall be prepared according to
this section and §§12.127-12.130 of this title (relating
to Geology Description, to Ground-Water Information, to Surface-Water
Information, and to Alternative Water Supply Information), and conform
to the following:
(1) information on hydrology, water quality and quantity,
and geology related to hydrology of areas outside the proposed permit
area and within the general area shall be provided by the Commission,
to the extent that this data is available from an appropriate federal
or state agency; and
(2) if this information is not available from those
agencies, the applicant may gather and submit this information to
the Commission as part of the permit application; and
(3) the permit shall not be approved by the Commission
until this information is made available in the application.
(c) The use of modeling techniques may be included
as part of the permit application, but the same surface- and ground-water
information may be required for each site as when models are not used.
(d) All water-quality analyses performed to meet the
requirements of this chapter shall be conducted according to the methodology
in the 23rd edition of the American Public Health Association's Standard
Methods for the Examination of Water and Wastewater, which is incorporated
by reference, or the methodology in 40 CFR Parts 136 and 434.
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Source Note: The provisions of this §12.126 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective December 28, 2020, 45 TexReg 9503 |