| (5) If the PHC determination required by this subsection
indicates adverse impacts on or off the proposed permit area may occur
to the hydrologic balance, or that acid-forming or toxic-forming material
is present that may result in the contamination of ground-water or
surface-water supplies, then information supplemental to that required
under §12.174 and §12.175 of this title (relating to Ground-Water
Information, and to Surface-Water Information), shall be provided
to evaluate such probable hydrologic consequences and to plan remedial
and reclamation activities. Such supplemental information may be based
upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing
strata, flood flows, or analysis of other water quality and quantity
characteristics. Information shall be provided on water availability
and alternative water sources, including the suitability of alternative
water sources for existing premining uses and approved postmining
land uses.
(6) If the PHC determination required by this subsection
indicates that the proposed mining operation may proximately result
in contamination, diminution, or interruption of an underground or
surface source of water within the proposed permit or adjacent areas
which is used for domestic, agricultural, industrial or other legitimate
purpose, then the Commission may require that the applicant provide
information supplemental to that required under §12.176 (relating
to Alternative Water Supply Information).
(e) Cumulative hydrologic impact assessment.
(1) The Commission shall provide a probable cumulative
hydrologic impacts assessment (CHIA) of the proposed operation and
all anticipated mining upon surface- and ground-water systems in the
cumulative impact area. The CHIA shall be sufficient to determine,
for purposes of permit approval, whether the proposed operation has
been designed to prevent material damage to the hydrologic balance
outside the permit area. The Commission may allow the applicant to
submit data and analyses relevant to the CHIA with the permit application.
(2) An application for a permit revision shall be reviewed
by the Commission to determine whether a new or updated CHIA shall
be required.
(f) Additional Requirements. Each plan shall contain
a detailed description, with appropriate drawings, of permanent entry
seals and down-slope barriers designed to ensure stability under anticipated
hydraulic heads developed while promoting mine inundation after mine
closure for the proposed permit area.
|
| Source Note: The provisions of this §12.188 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 29, 1998, 23 TexReg 13041; amended to be effective December 28, 2020, 45 TexReg 9503 |
