Current through Reg. 50, No. 13; March 28, 2025
(a) General requirements. The application
shall include a hydrologic reclamation plan, with appropriate maps and
descriptions, indicating how the relevant requirements of this chapter
(relating to Coal Mining Regulations), including §§12.339-12.341,
12.346, 12.348 and 12.349, and 12.350-12.354 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: Acid-Forming and Toxic-Forming Spoil, to Hydrologic
Balance: Ground-Water Protection, to Hydrologic Balance: Surface-Water
Protection, to Hydrologic Balance: Surface and Ground-Water Monitoring, to
Hydrologic Balance: Transfer of Wells, to Hydrologic Balance: Water Rights and
Replacement, to Hydrologic Balance: Discharge of Water Into an Underground
Mine, and to Hydrologic Balance: Postmine Rehabilitation of Sedimentation
Ponds, Diversions, Impoundments, and Treatment Facilities), will be met. The
plan shall be specific to the local hydrologic conditions.
(1) The plan shall contain the steps to be
taken during mining and reclamation through bond release:
(A) to minimize disturbances to the
hydrologic balance within the permit and adjacent areas;
(B) to prevent material damage outside
thepermit area;
(C) to meet
applicable federal and state water-quality laws and regulations; and
(D) to protect the rights of present water
users.
(2) The plan shall
specifically address any potential adverse hydrologic consequences identified
in the PHC determination prepared under §§
12.139-12.154 of this title (relating to
Surface Mining Permit Applications--Minimum Requirements for Reclamation and
Operation Plan) and shall include preventive and remedial measures. The plan
shall identify the measures to be taken to:
(A) protect the quality of surface- and
ground-water systems, both within the proposed permit and adjacent areas, from
the adverse effects of the proposed surface mining activities, or to provide
alternative sources of water in accordance with §
12.130 and §
12.352 of this title (relating to
Alternative Water Supply Information, and to Hydrologic Balance: Water Rights
and Replacement), where the protection of quality cannot be ensured;
(B) protect or replace the rights of present
users of surface and ground water;
(C) protect the quantity of surface and
ground water both within the proposed permit area and adjacent area from
adverse effects of the proposed surface mining activities, or to provide
alternative sources of water in accordance with §
12.130 and §
12.352 of this title (relating to
Alternative Water Supply Information, and to Hydrologic Balance: Water Rights
and Replacement), where the protection of quantity cannot be ensured;
(D) avoid acid or toxicdrainage;
(E) prevent, to the extent possible using the
best technology currently available, additional contributions of suspended
solids to streamflow;
(F) provide
water-treatment facilities when needed;
(G) control drainage; and
(H) restore approximate premining recharge
capacity.
(b)
Ground-water monitoring plan.
(1) The
application shall include a ground-water monitoring plan based upon the PHC
determination required under subsection (d) 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 postmine
land uses and to the objectives for protection of the hydrologic balance as set
forth in subsection (a) 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 degrees C, pH, total iron, total
manganese, and water levels shall be monitored and data submitted to the
Commission at least every three months for each monitoring location. The
Commission may require additional monitoring.
(2) If the 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 Commission.
(c) Surface-water monitoring plan.
(1) The application shall include a
surface-water monitoring plan based upon the PHC determination required under
subsection (d) 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 postmine land uses, and to the
objectives for protection of the hydrologic balance as set forth in subsection
(a) 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 the
surface-water bodies such as 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 degrees 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 Commission every three months. The
Commission may require additional monitoring.
(d) Probable hydrologic consequences
determination.
(1) The application shall
include 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 materials are present that could result in the contamination of
ground- or surface-water supplies;
(C) whether toxic-forming materials are
present that could result in the contamination of ground- or surface-water
supplies;
(D) whether the proposed
operation may proximately result in contamination of an underground or surface
source of water within the proposed permit or adjacent areas which is used for
domestic, agricultural, industrial, or other legitimate purpose;
(E) whether the proposed operation may
proximately result in diminution of an underground or surface source of water
within the proposed permit or adjacent areas which is used for domestic,
agricultural, industrial, or other legitimate purpose;
(F) whether the proposed operation may
proximately result in interruption of an underground or surface source of water
within the proposed permit or adjacent areas which is used for domestic,
agricultural, industrial, or other legitimate purpose;
(G) 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-
and surface-water availability; and
(v) other characteristics as required by the
Commission.
(4)
An application for a permit revision shall be reviewed by the Commission to
determine whether a new or updated PHC determination shall be
required.
(5) If the PHC
determination required by this subsection indicates 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 §
12.128 and §
12.129 of this title (relating to
Ground-Water Information, and to Surface-Water Information) 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 and quantity characteristics.
Information shall be provided on water availability and alternative water
sources, including the suitability of alternative water sources for existing
premining uses and approved postmining land uses.
(6) If the PHC determination required by this
subsection indicates that the proposed mining operation may proximately result
in contamination, diminution, or interruption of an underground or surface
source of water within the proposed permit or adjacent areas which is used for
domestic, agricultural, industrial or other legitimate purpose, then the
Commission may require that the applicant provide information supplemental to
that required under §12.130 (relating to Alternative Water Supply
Information).
(e)
Cumulative hydrologic impact assessment.
(1)
The Commission shall provide a probable cumulative hydrologic impacts
assessment (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 Commission 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 Commission to determine whether a
new or updated CHIA shall be required.