SECTION 12.544. Coal Mine Waste: Dams and Embankments: Site Preparation

Before coal mine waste is placed at a dam or embankment site:

(1) all trees, shrubs, grasses, and other organic material shall be cleared and grubbed from the site, and all combustibles shall be removed and stockpiled in accordance with the requirements of §§12.500-12.543, this section, and §§12.545-12.572 of this title (relating to Permanent Program Performance Standards--Underground Mining Activities); and

(2) surface drainage that may cause erosion to the embankment area or the embankment features, whether during construction or after completion, shall be diverted away from the embankment by diversion ditches that comply with the requirements of §12.511 of this title (relating to Hydrologic Balance: Diversions). Adequate outlets for discharge from these diversions shall be in accordance with §12.515 of this title (relating to Hydrologic Balance: Discharge Structures). Diversions that are designed to divert drainage from the upstream area away from the impoundment area shall be designed to carry the peak runoff from a 100-year, 24-hour precipitation event. The diversion shall be maintained to prevent blockage, and the discharges shall be in accordance with §12.515 of this title (relating to Hydrologic Balance: Discharge Structures). Sediment-control measures shall be provided at the discharge of each diversion ditch before entry into natural watercourses in accordance with §§12.509-12.511, 12.513, and 12.514 of this title (relating to Hydrologic Balance: General Requirements, to Hydrologic Balance: Water-Quality Standards and Effluent Limitations, to Hydrologic Balance: Diversions, to Hydrologic Balance: Sediment Control Measures, and to Hydrologic Balance:Siltation Structures).

Source Note: The provisions of this §12.544 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640.