Current through Register Vol. 41, No. 3, September 23, 2024
(a)
General. Each application shall include geologic information in sufficient
detail to assist in determining--
(1) The
probable hydrologic consequences of the operation upon the quality and quantity
of surface and ground-water in the permit and adjacent areas, including the
extent to which surface-and ground-water monitoring is necessary;
(2) All potentially acid- or toxic-forming
strata down to and including the stratum immediately below the lowest coal seam
to be mined; and
(3) Whether
reclamation as required by this chapter can be accomplished and whether the
proposed operation has been designed to prevent material damage to the
hydrologic balance outside the permit area.
(b) Geologic information shall include, at a
minimum the following:
(1) A description of
the geology of the proposed permit and adjacent areas down to and including the
deeper of either the stratum immediately below the lowest coal seam to be mined
or any aquifer below the lowest coal seam to be mined which may be adversely
impacted by mining. The description shall include the areal and structural
geology of the permit and adjacent areas, and other parameters which influence
the required reclamation and the occurrence, availability, movement, quantity,
and quality of potentially impacted surface and ground waters. It shall be
based on--
(i) The cross sections, maps and
plans required by 4VAC25-130-779.25;
(ii) The information obtained under
Paragraphs (b)(2) and (c) of this section; and
(iii) Geologic literature and
practices.
(2) Analyses
of samples collected from test borings; drill cores; or fresh, unweathered,
uncontaminated samples from rock outcrops from the permit area, down to and
including the deeper of either the stratum immediately below the lowest coal
seam to be mined or any aquifer below the lowest seam to be mined which may be
adversely impacted by mining. The analyses shall result in the following:
(i) Logs showing the lithologic
characteristics including physical properties and thickness of each stratum and
location of ground water where occurring;
(ii) Chemical analyses identifying those
strata that may contain acid- or toxic-forming or alkalinity-producing
materials and to determine their content except that the division may find that
the analysis for alkalinity-producing materials is unnecessary; and
(iii) Chemical analyses of the coal seam for
acid- or toxic-forming materials, including the total sulfur and pyritic
sulfur, except that the division may find that the analysis of pyritic sulfur
content is unnecessary.
(c) If determined to be necessary to protect
the hydrologic balance or to meet the performance standards of this chapter,
the division may require the collection, analysis, and description of geologic
information in addition to that required by Paragraph (b) of this
section.
(d) An applicant may
request the division to waive in whole or in part the requirements of Paragraph
(b)(2) of this section. The waiver may be granted only if the division finds in
writing that the collection and analysis of such data is unnecessary because
other equivalent information is available to the division in a satisfactory
form.
§§ 45.1-161.3 and 45.1-230 of the Code of
Virginia.
