(a) No surface coal mining activities shall be conducted closer than 500 feet to any point of either an active or abandoned underground mine, except to the extent that:
  (1) the nature, timing, and sequence of the operations are jointly approved by the Commission, the Mine Safety and Health Administration, and the state agency, if any, responsible for the safety of mine workers; and
  (2) the activities result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public.
(b) Surface mining activities shall be designed to protect disturbed surface areas, including spoil disposal sites, so as not to endanger any present or future operations of either surface or underground mining activities.

Source Note: The provisions of this §12.367 adopted to be effective April 7, 1997, 22 TexReg 3093.