(a) No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by surface mining activities, unless the Commission specifically authorizes surface mining activities closer to, or through, such a stream. The Commission may authorize such activities only upon finding that:
  (1) surface mining activities will not cause or contribute to the violation of applicable state or federal water-quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and
  (2) if there will be a temporary or permanent stream-channel diversion, it will comply with §12.341 of this title (relating to Hydrologic Balance: Diversions).
(b) The area not to be disturbed shall be designated as a buffer zone, and the operator shall mark it as specified in §12.330 of this title (relating to Signs and Markers).

Source Note: The provisions of this §12.355 adopted to be effective November 4, 1997, 22 TexReg 10640.