Current through Register Vol. 41, No. 3, September 23, 2024
(a)
Sampling and analysis methodology. All water-quality analyses performed to meet
the requirements of this section shall be conducted according to the
methodology in the current edition of "Standard Methods for the Examination of
Water and Wastewater," which is incorporated by reference, or the methodology
in 40 CFR 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.
(b)
Baseline information. The application shall include the following baseline
hydrologic information, and any additional information required by the
division.
(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 elevation of
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 Paragraph (f) 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 Paragraphs (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 Paragraph (g) of
this section shall be provided to the division if available from appropriate
Federal or State agencies.
(2) If
the information is not available from such agencies, then the applicant may
gather and submit this information to the division as part of the permit
application.
(3) The permit shall
not be approved until the necessary hydrologic and geologic information is
available to the division.
(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 division for each site even when such techniques are used.
(e) Alternative water source information. If
the PHC determination required by Paragraph (f) of this section 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 application shall contain
information on water availability and alternative water sources, including the
suitability of alternative water sources for existing premining uses and
approved postmining land uses.
(f)
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:
(i) Whether adverse
impacts may occur to the hydrologic balance;
(ii) Whether acid-forming or toxic-forming
materials are present that could result in the contamination of surface or
ground-water supplies;
(iii)
Whether the proposed 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; and
(iv) What impact the proposed operation will
have on:
(A) Sediment yield from the
disturbed area;
(B) acidity, total
suspended and dissolved solids, and other important water quality parameters of
local impact;
(C) flooding or
streamflow alteration;
(D)
ground-water and surface-water availability and;
(E) other characteristics as required by the
division.
(4)
An application for a permit revision shall be reviewed by the division to
determine whether a new or updated PHC determination shall be
required.
(g) Cumulative
hydrologic impact assessment.
(1) The
division 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 division 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 division to determine whether a new
or updated CHIA shall be required.
(h) Hydrologic reclamation plan. The
application shall include a plan, with maps and descriptions, indicating how
the relevant requirements of Part 816, including 4VAC25-130-816.41 through
4VAC25-130-816.43, 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 disturbances to the hydrologic
balance within the permit and adjacent areas; to prevent material damage
outside the permit area; to meet applicable Federal and State water quality
laws and regulations; and to protect the rights of present water users. 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 and
maintain water-treatment facilities when needed; control drainage; restore
approximate premining recharge capacity and protect or replace rights of
present water users. The plan shall specifically address any potential adverse
hydrologic consequences identified in the PHC determination prepared under
Paragraph (f) of this section and shall include preventive and remedial
measures.
(i) Ground-water
monitoring plan.
(1) The application shall
include a ground-water monitoring plan based upon the PHC determination
required under Paragraph (f) 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, to support
the objectives for protection of the hydrologic balance set forth in Paragraph
(h) of this section, to determine the cause of diminution or contamination of
usable ground waters, and to guard against offsite influences and provide
representation of the effects of the proposed surface mining operation. 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 quarterly or as otherwise specified by the division for each
monitoring location.
(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 division.
(3) The monitoring plan shall be designed in
accordance with the following Subparagraphs. The division may require
additional monitoring and the analysis or measurement of other parameters on a
site-specific basis. During the mining or postmining phase of activity, the
division may require additional monitoring if it is determined that the
established monitoring plan is ineffective.
(i) When pH or chemical analysis results
indicate no immediate or potential acid-producing or toxic material within the
proposed disturbed area, the applicant may submit a plan for representative
monitoring. Appropriate monitoring which will indicate changes in subsurface
water quality and quantity at sites which provide geological and hydrological
representation of the entire proposed permit area shall be
established.
(ii) When potential
for adverse impacts to ground waters in use exists, then a representative
monitoring plan utilizing wells or springs shall be provided. Information for
each ground water monitoring well or spring shall be submitted.
(iii) When no potential to affect ground
waters in use exists, then a plan utilizing piezometers or methods for
representative monitoring in the unsaturated zone may be used.
(iv) When structural or stratigraphic
variations are present within the proposed permit area, altering the ground
water regime and indicating more than one representative area, the applicant
shall include within the plan a minimum of one monitoring site for each
representative area.
(v) The
applicant shall include a plan to source monitor near isolated acid-producing
or toxic material using piezometers or equipment for monitoring the unsaturated
zone.
(vi) When any portion of a
surface mine operation is proposed within a stream floodplain, the applicant
shall include a plan for monitoring using wells in alluvial material both
upstream and downstream of the proposed area to be disturbed. The plan shall
also include adjacent upgradient and adjacent downgradient monitoring wells for
any slurry pond with water having a pH of less than 6.0, coal stockpiles, and
acid-producing or toxic-producing material disposal sites.
(vii) In cases where the alluvium monitored
has been determined to be consistently or seasonally unsaturated, the division
may require revision of the monitoring plan to include appropriate monitoring
of the unsaturated zone.
(viii)
Where potential exists for adverse impacts to the hydrologic regime from a
surface mining operation situated in an area of colluvium, the division may
require monitoring similar to that required in floodplain areas.
(ix) For each refuse or hollow fill without
an underdrain, the applicant shall include a plan to monitor the fill using
piezometers which are sufficient in number and design to permit a planar
determination of a potential water table within the fill.
(x) When a refuse or hollow fill is designed
to contain underdrains, then a plan for monitoring the underdrain may be used,
provided that the underdrain discharge indicates changes in water quality
resulting from the fill and not from other sources or outside influences. If
the underdrain is not representative of the effects of the fill material, then
piezometers shall be used.
(xi) The
applicant may include a plan to use a spring in lieu of other monitoring
methods if:
(A) The spring is located both
stratigraphically and geographically so that data representing an area to be
disturbed or an acid or toxic spoil isolation area will be obtained.
(B) The spring has been observed and
documented satisfactorily to the division to be a permanent spring.
(j)
Surface-water monitoring plan.
(1) The
application shall include a surface-water monitoring plan based upon the PHC
determination required under Paragraph (f) 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 Paragraph (h) of this section as well as the effluent
limitations found at 40 CFR 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.
(i) At all monitoring locations in
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° C, total suspended solids, pH, total iron, total
manganese, and flow shall be monitored.
(ii) For point-source discharges, monitoring
shall be conducted in accordance with 40 CFR 122, 123 and 434 and as required
by the National Pollutant Discharge Elimination System permit.
(3) The monitoring reports shall
be submitted to the division quarterly. The division may require additional
monitoring.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
Virginia.
