Before coal mine waste is placed at a dam or embankment site:
  (1) all trees, shrubs, grasses, and other organic material shall be cleared and grubbed from the site, and all combustibles shall be removed and stockpiled in accordance with the requirements of §§12.330-2.403 of this title (relating to Permanent Program Performance Standards--Surface Mining Activities); and
  (2) surface drainage that may cause instability or erosion to the embankment area or the embankment features, whether during construction or after completion, shall be diverted away from the embankment by diversion ditches that comply with the requirements of §12.341 of this title (relating to Hydrologic Balance: Diversions). Adequate outlets for discharge from these diversions shall be in accordance with §12.345 of this title (relating to Hydrologic Balance: Discharge Structures). Diversions that are designed to divert drainage from the upstream area or drainage from the surface of the facility away from the impoundment area shall be designed to carry the peak runoff from a 100-year, 6-hour precipitation event. The diversion shall be maintained to prevent blockage, and the discharge shall be in accordance with §12.345 of this title (relating to Hydrologic Balance: Discharge Structures). Sediment control measures shall be provided at the discharge of each diversion ditch before entry into natural watercourses in accordance with §§12.339-12.341, 12.343, and 12.344 of this title (relating to Hydrologic Balance: General Requirements, to Hydrologic Balance: Water-Quality Standards and Effluent Limitations, to Hydrologic Balance: Diversions, to Hydrologic Balance: Sediment Control Measures, and to Hydrologic Balance: Siltation Structures).

Source Note: The provisions of this §12.377 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640.