(a) The construction, use, and operation of a new shaft shall be as authorized by the permit.      
        (b) All shafts must have mechanical integrity.        
          (1) A lined shaft or lined portion of a shaft has mechanical integrity if there is no significant leak or physical deterioration in the casing, liners, and seals, and if there is no detectable fluid movement through vertical fluid channels adjacent to the shaft which could cause pollution of an aquifer.          
            (2) An unlined shaft, or unlined portion of a shaft, has mechanical integrity if there is no detectable deterioration of the wallrock which could cause pollution of an aquifer.            
              (3) In the event that a lined shaft, unlined shaft, or portion of an unlined shaft may have inflows of ground water, the executive director may require a shaft and mine water management plan be submitted as part of the shaft permit application.              
                (4) Mechanicalintegrity of the shaft (wallrock or casing, liners, and seals) must be demonstrated as required by the permit, during the life of the shaft, and shall be accomplished by a method approved by the executive director.                
                  (c) Shafts lacking mechanical integrity shall undertake corrective maintenance actions.                  
                    (1) The permittee shall notify and obtain the approval of the executive director before commencing any corrective maintenance that is necessitated by failure to achieve or maintain mechanical integrity.                    
                      (2) The notification shall be in writing and shall include plans for the proposed work. The executive director may grant an exception to the requirement for prior written notification when immediate action is required.                     
     Source Note:        The provisions of this §329.13 adopted to be effective May 13, 1986, 11 TexReg 1978.