(a) A description of the geology of the proposed permit and adjacent areas down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely impacted by mining. This description shall include the areal and structural geology of the permit and adjacent areas, and other parameters which influence the required reclamation and it shall also show how the areal and structural geology may affect the occurrence, availability, movement, quantity and quality of potentially impacted surface and ground water. It shall be based on:
  (1) the cross sections, maps, and plans required by §12.183 of this title (relating to Cross-Sections, Maps, and Plans);
  (2) the information obtained under subsections (b), (c) and (d) of this section; and
  (3) geologic literature and practices.
(b) For any portion of a permit area in which the strata down to the coal seam to be mined will be removed or are already exposed, samples shall be collected and analyzed from test borings; drill cores; or fresh, unweathered, uncontaminated samples from rock outcrops down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the coal seam to be mined which may be adversely impacted by mining. The analyses shall result in the following:
  (1) logs showing the lithologic characteristics including physical properties and thickness of each stratum and location of ground water where occurring;
  (2) chemical analyses identifying those strata that may contain acid- or toxic-forming, or alkalinity-producing materials and to determine their content except that the Commission may find that the analysis for alkalinity-producing material is unnecessary; and
  (3) chemical analysis of the coal seam for acid- and toxic-forming materials, including the total sulfur and pyritic sulfur, except that the Commission may find that the analysis of pyritic sulfur content is unnecessary.
(c) For lands within the permit and adjacent areas where the strata above the coal seam to be mined will not be removed, samples shall be collected and analyzed from test borings or drill cores to provide the following data:
  (1) logs of drill holes showing the lithologic characteristics, including physical properties and thickness of each stratum that may be impacted, and location of ground water where occurring;
  (2) chemical analyses for acid- or toxic-forming materials and their content in the strata immediately above and below the coal seam to be mined;
  (3) chemical analyses of the coal seam for acid- and toxic-forming materials, including the total sulfur and pyritic sulfur, except that the Commission may find the analysis of pyritic sulfur content is unnecessary; and
  (4) for standard room and pillar mining operations, the thickness and engineering properties of clays or soft rock such as clay shale, if any, in the stratum immediately above and below each coal seam to be mined.
(d) If determined to be necessary to protect the hydrologic balance, to minimize or prevent subsidence, or to meet the performance standards of this chapter (relating to Coal Mining Regulations), the Commission may require the collection, analysis and description of geologic information in addition to that required by subsections (a), (b), and (c) of this section.
(e) An applicant may request the Commission to waive in whole or in part the requirements of subsections (b) and (c) of this section. The waiver may be granted only if the Commission finds in writing that the collection and analysis of such data is unnecessary because other information having equal value or effect is available to the Commission in a satisfactory form.

Source Note: The provisions of this §12.173 adopted to be effective November 4, 1997, 22 TexReg 10640.