1. (1) No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by underground mining activities, unless the Regulatory Authority specifically authorizes underground mining activities closer to, or through, such a stream, the Regulatory Authority may authorize such activities only upon finding that --

   1. (a) Underground 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. (b) If there will be a temporary or permanent stream-channel diversion, it will comply with Section 880-X-10D-.14(2).
2. (2) The area not to be disturbed shall be designated a buffer zone, and the operator shall mark it as specified in Section 880-X-10D-.03.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, §9-16-91.

History: Original Filed November 14, 1989; effective: March 7, 1991.