Current through Vol. 42, No. 1, September 16, 2024
(a)
Sampling and analysis. All water-quality analyses performed to
meet the requirements of this Section shall be conducted according to the
methodology in the 15th edition of "Standard Methods for the Examination of
Water and Wastewater," which is incorporated by reference, or the methodology
in 40 CFR Parts 136 and 434. Water-quality sampling performed to meet the
requirements of this Section shall be conducted according to either methodology
listed above when feasible. "Standard Methods for the Examination of Water and
Wastewater" is a joint publication of the American Public Health Association,
the American Water Works Association, and the Water Pollution Control
Federation and is available from the American Public Health Association, 1015
Fifteenth Street, NW., Washington, DC 20036. This document is also available
for inspection at the Office of the Federal Register Information Center, Room
8301, 1100 L Street, NW., Washington, D.C.; at the Office of the OSM
Administrative Record, U.S. Department of the Interior, Room 5315, 1100 L
Street, NW., Washington, D.C.; at the OSM Eastern Field Operations U.S.
Department of the Interior, Building 10, Parkway Center, Pittsburgh, Pa.; and
at the OSM Western Field Operations, U.S. Department of the Interior, Brooks
Tower, 1020 15th Street, Denver, Colo. This incorporation by reference was
approved by the Director of the Federal Register on October 26, 1983. This
document is incorporated as it exists on the date of the approval, and a notice
of any change in it will be published in the Federal Register.
(b)
Baseline information. The
application shall include the following baseline hydrologic information, and
any additional information required by the Department.
(1)
Ground-water information.
The location and ownership for the permit and adjacent areas of existing wells,
springs, and other ground-water resources, seasonal quality and quantity of
ground water, and usage. Water-quality descriptions shall include, at a
minimum, total dissolved solids or specific conductance corrected to 25°C,
pH, total iron, and total manganese. Ground-water quantity descriptions shall
include, at a minimum, approximate rates of discharge or usage and depth to the
water in the coal seam, and each water-bearing stratum above and potentially
impacted stratum below the coal seam.
(2)
Surface-water information.
The name, location, ownership, and description of all surface-water bodies such
as streams, lakes, and impoundments, the location of any discharge into any
surface-water body in the proposed permit and adjacent areas, and information
on surface-water quality and quantity sufficient to demonstrate seasonal
variation and water usage. Water-quality descriptions shall include, at a
minimum, baseline information on total suspended solids, total dissolved solids
or specific conductance corrected to 25°C, pH, total iron, and total
manganese. Baseline acidity and alkalinity information shall be provided if
there is a potential for acid drainage from the proposed mining operation.
Water-quantity descriptions shall include, at a minimum, baseline information
on seasonal flow rates.
(3)
Supplemental information. If the determination of the probable
hydrologic consequences (PHC) required by Subsection (e) of this Section
indicates that adverse impacts on or off the proposed permit area may occur to
the hydrologic balance, or that acid-forming or toxic-forming material is
present that may result in the contamination of ground-water or surface-water
supplies, then information supplemental to that required under Subsections
(b)(1) and (b)(2) of this Section shall be provided to evaluate such probable
hydrologic consequences and to plan remedial and reclamation activities. Such
supplemental information may be based upon drilling, aquifer tests,
hydrogeologic analysis of the water-bearing strata, flood flows, or analysis of
other water-quality or quantity characteristics.
(c)
Baseline cumulative impact area
information.
(1) Hydrologic and
geologic information for the cumulative impact area necessary to assess the
probable cumulative hydrologic impacts of the proposed operation and all
anticipated mining on surface- and ground-water systems as required by
Subsection (f) of this Section shall be provided to the Department if available
from appropriate Federal or State agencies.
(2) If this information is not available from
such agencies, then the applicant may gather and submit this information to the
Department as part of the permit application.
(3) The permit shall not be approved until
the necessary hydrologic and geologic information is available to the
Department.
(d)
Modeling. The use of modeling techniques, interpolation, or
statistical techniques may be included as part of the permit application, but
actual surface- and ground-water information may be required by the Department
for each site even when such techniques are used.
(e)
Probable hydrologic consequences
determination.
(1) The application
shall contain a determination of the probable hydrologic consequences (PHC) of
the proposed operation upon the quality and quantity of surface and ground
water under seasonal flow conditions for the proposed permit and adjacent
areas.
(2) The PHC determination
shall be based on baseline hydrologic, geologic, and other information
collected for the permit application and may include data statistically
representative of the site.
(3) The
PHC determination shall include findings on:
(A) Whether adverse impacts may occur to the
hydrologic balance:
(B) Whether
acid-forming or toxic-forming materials are present that could result in the
contamination of surface- or ground-water supplies; and
(C) What impact the proposed operation will
have on:
(i) Sediment yield from the disturbed
area:
(ii) Acidity, total suspended
and dissolved solids, and other important water quality parameters of local
impact;
(iii) Flooding or
streamflow alteration;
(iv)
Ground-water and surface-water availability; and
(v) Other characteristics as required by the
Department.
(D) Whether
the underground mining activities conducted after October 24, 1992 may result
in contamination, diminution or interruption of a well or spring in existence
at the time the permit application is submitted and used for domestic,
drinking, or residential purposes within the permit or adjacent
areas.
(4) An
application for a permit revision shall be reviewed by the Department to
determine whether a new or updated PHC determination shall be
required.
(f)
Cumulative hydrologic impact assessment.
(1) The Department shall provide an
assessment of the probable cumulative hydrologic impacts (CHIA) of the proposed
operation and all anticipated mining upon surface- and ground-water systems in
the cumulative impact area. The CHIA shall be sufficient to determine, for
purposes of permit approval, whether the proposed operation has been designed
to prevent material damage to the hydrologic balance outside the permit area.
The Department may allow the applicant to submit data and analyses relevant to
the CHIA with the permit application.
(2) An application for a permit revision
shall be reviewed by the Department to determine whether a new or updated CHIA
shall be required.
(g)
Hydrologic reclamation plan. The application shall include a plan,
with maps and descriptions, indicating how the relevant requirements of
Subchapter 45 of this Chapter, including Sections
460:20-45-8
through
460:20-45-10, will be
met. The plan shall be specific to the local hydrologic conditions. It shall
contain the steps to be taken during mining and reclamation through bond
release to minimize disturbance to the hydrologic balance within the permit and
adjacent areas; to prevent material damage outside the permit area; and to meet
applicable Federal and State water-quality laws and regulations. The plan shall
include the measures to be taken to: avoid acid or toxic drainage; prevent, to
the extent possible using the best technology currently available, additional
contributions of suspended solids to streamflow; provide water-treatment
facilities when needed; control drainage; and restore approximate premining
recharge capacity. The plan shall specifically address any potential adverse
hydrologic consequences identified in the PHC determination prepared under
Subsection (e) of this Section and shall include preventive and remedial
measures.
(h)
Ground-water
monitoring plan.
(1) The application
shall include a ground-water monitoring plan based upon the PHC determination
required under Subsection (e) of this Section and the analysis of all baseline
hydrologic, geologic, and other information in the permit application. The plan
shall provide for the monitoring of parameters that relate to the suitability
of the ground water for current and approved postmining land uses and to the
objectives for protection of the hydrologic balance set forth in Subsection (g)
of this Section. It shall identify the quantity and quality parameters to be
monitored, sampling frequency, and site locations. It shall describe how the
data may be used to determine the impacts of the operation upon the hydrologic
balance. At a minimum, total dissolved solids or specific conductance corrected
to 25°C, pH, total iron, total manganese, and water levels shall be
monitored and data submitted to the Department at least every 3 months for each
monitoring location. The Department may require additional
monitoring.
(2) If an applicant can
demonstrate by the use of the PHC determination and other available information
that a particular water-bearing stratum in the proposed permit and adjacent
areas is not one which serves as an aquifer which significantly ensures the
hydrologic balance within the cumulative impact area, then monitoring of that
stratum may be waived by the Department.
(i)
Surface-water monitoring
plan.
(1) The application shall include
a surface-water monitoring plan based upon the PHC determination required under
Subsection (e) of this Section and the analysis of all baseline hydrologic,
geologic, and other information in the permit application. The plan shall
provide for the monitoring of parameters that relate to the suitability of the
surface water for current and approved postmining land uses and to the
objectives for protection of the hydrologic balance as set forth in Subsection
(g) of this Section, as well as the effluent limitations found at 40 CFR Part
434.
(2) The plan shall identify
the surface-water quantity and quality parameters to be monitored, sampling
frequency, and site locations. It shall describe how the data may be used to
determine the impacts of the operation upon the hydrologic balance.
(A) At all monitoring locations in streams,
lakes, and impoundments that are potentially impacted or into which water will
be discharged and at upstream monitoring locations, the total dissolved solids
or specific conductance corrected to 25°C, total suspended solids, pH,
total iron, total manganese, and flow shall be monitored.
(B) For point-source discharges, monitoring
shall be conducted in accordance with 40 CFR Parts 122, 123, and 434 and as
required by the National Pollutant Discharge Elimination System permitting
authority.
(3) The
monitoring reports shall be submitted to the Department every 3 months. The
Department may require additional monitoring.
Amended at 14 Ok Reg
3480, eff 8-11-97
