SECTION 12.611. Alluvial Valley Floors: Protection of Farming and Water Supplies

(a) Surface coal mining and reclamation operations shall not interrupt, discontinue, or preclude farming on alluvial valley floors, unless:

(1) the premining land use is undeveloped rangeland which is not significant to farming; or

(2) the area of affected alluvial valley floor is small and provides or may provide negligible support for production from one or more farms.

(b) If environmental monitoring shows that a surface coal mining operation is interrupting, discontinuing, or precluding farming on alluvial valley floors, the operation shall cease until remedial measures are taken by the person who conducts the operation. The remedial measures shall be approved by the Commission prior to the resumption of mining.

(c) Surface coal mining and reclamation operations shall not cause material damage to the quality or quantity of water in surface or underground water systems that supply alluvial valley floors. If environmental monitoring shows that the surface coal mining operation is causing material damage to water that supplies alluvial valley floors, the mining operations shall cease until remedial measures are taken by the person who conducts the operation. The remedial measures shall be approved by the Commission prior to the resumption of mining operations.

(d) Subsections (a) and (b) of this section do not apply to those lands which were identified in a reclamation plan approved by Texas prior to August 3, 1977, for any surface coal mining and reclamation operation that, in the year preceding August 3, 1977:

(1) produced coal in commercial quantities and was located within or adjacent to an alluvial valley floor; or

(2) obtained specific permit approval from the Commission to conduct surface coal mining and reclamation operations within an alluvial valley floor.

Source Note: The provisions of this §12.611 adopted to be effective April 7, 1997, 22 TexReg 3093.