In order to protect the hydrologic balance, surface mining activities shall be conducted according to the plan approved under §12.146 of this title (relating to Reclamation Plan: Protection of Hydrologic Balance) and the following:
  (1) surface-water quality shall be protected by handling earth materials, ground-water discharges, and runoff in a manner that minimizes the formation of acidic or toxic drainage; prevents, to the extent possible using the best technology currently available, additional contribution of suspended solids to streamflow outside the permit area; and otherwise prevents water pollution. If drainage control, restabilization and revegetation of disturbed areas, diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of §12.340 of this title (relating to Hydrologic Balance: Water-Quality Standards and Effluent Limitations), the operator shall use and maintain the necessary water-treatment facilities or water controls; and
  (2) surface-water quality and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under §12.146 of this title (relating to Reclamation Plan: Protection of Hydrologic Balance).

Source Note: The provisions of this §12.349 adopted to be effective November 4, 1997, 22 TexReg 10640.