Current through Register Vol. 41, No. 3, September 23, 2024
(a)
General. All surface mining and reclamation activities shall be conducted to
minimize disturbance of the hydrologic balance within the permit and adjacent
areas, to prevent material damage to the hydrologic balance outside the permit
area, to assure the protection or replacement of water rights, and to support
approved postmining land uses in accordance with the terms and conditions of
the approved permit and the performance standards of this Part. The division
may require additional preventative, remedial, or monitoring measures to assure
that material damage to the hydrologic balance outside the permit area is
prevented. Mining and reclamation practices that minimize water pollution and
changes in flow shall be used in preference to water treatment.
(b) Ground-water protection. In order to
protect the hydrologic balance, surface mining activities shall be conducted
according to the plan approved under 4VAC25-130-780.21(h) and the following:
(1) Ground-water quality shall be protected
by handling earth materials and runoff in a manner that minimizes acidic,
toxic, or other harmful infiltration to ground-water systems and by managing
excavations and other disturbances to prevent or control the discharge of
pollutants into the ground water.
(2) Ground-water quantity shall be protected
by handling earth materials and runoff in a manner that will restore the
approximate premining recharge capacity of the reclaimed area as a whole,
excluding coal mine waste disposal areas and fills, so as to allow the movement
of water to the ground water system.
(c) Ground-water monitoring.
(1) Ground-water monitoring shall be
conducted according to the ground-water monitoring plan approved under
4VAC25-130-780.21(i). The division may require additional monitoring when
necessary.
(2) Representative
monitoring.
(i) Representative monitoring
points shall be established within 100 feet downgradient from the initial
disturbance within each representative area. This distance may be modified by
the division if it is demonstrated in the permit application that the 100 feet
distance is inappropriate for the monitoring point.
(ii) If degradation, contamination or
diminution of water quality or quantity are evident through monitoring, then
additional monitoring and/or remedial action may be required by the
division.
(3) Source
monitoring.
(i). Source monitoring shall be
used near isolated acid-producing or toxic-producing material. Monitoring shall
be by piezometers or other equipment suitable for monitoring in the unsaturated
zone. Piezometers or alternate equipment shall be installed in backfilled
material during or within 45 days after final grading of the area. Installation
in fill or temporary storage areas shall be as soon as practicable. Monitoring
points shall be of sufficient number and locations so that adverse impacts can
be readily detected.
(ii)
Representative monitoring may be required by the division in addition to source
monitoring when the operation may adversely impact usable ground
waters.
(4) Well
drilling, construction and completion.
(i)
When wells are used, they shall be drilled either to the first water-producing
zone or, if no water is encountered, to a depth of 100 feet below each coal
seam to be mined. The division may require deeper drilling if site conditions
indicate the potential for adverse impacts to a known water-producing zone
which is at greater depth.
(ii)
Monitoring wells shall be drilled an additional 20 feet into the
water-producing zone to aid in pumping.
(iii) Monitoring wells shall:
(A) Accommodate a four inch (4") submersible
pump for sample extraction and measurement of field parameters. Other diameters
may be approved by the division if sample extraction is allowed.
(B) Be constructed in a manner which isolates
the water-producing zone to be monitored and prevents the mixing of ground
waters.
(C) Be grouted from the
surface to at least one foot into bedrock, with all leakage around the well
casing prevented.
(D) Be capped,
locked, and labeled with an identification number.
(E) Be properly developed and the final yield
reported.
(F) Not be constructed or
packed with materials which would adversely affect the monitoring results
obtained.
(iv) Existing
wells may be used for monitoring provided that:
(A) The well is located at a point where data
representative of the permit or adjacent area will be obtained.
(B) The well penetrates the water-producing
zone to be monitored.
(C) The well
is constructed in a manner which effectively isolates the water-producing
zone.
(D) The well meets the
standards of Paragraph (c)(4) above.
(E) Filtering systems and water softeners are
not present which may alter the quality of the water sample. Filters or
softeners may be disconnected or bypassed during sampling.
(5) Ground-water monitoring data
shall be submitted within 30 days after the end of the calendar quarter to the
division. More frequent reporting may be prescribed by the division. Monitoring
reports shall include analytical results from each sample taken during the
reporting period. When the analysis of any ground-water sample indicates
noncompliance with the permit conditions, then the permittee shall promptly
notify the division and immediately take the actions provided for in
4VAC25-130-773.17(e) and 4VAC25-130-780.21(h).
(6) Ground-water monitoring shall proceed
through mining and continue during reclamation until bond release. Consistent
with the procedures of 4VAC25-130-774.13, the division may modify the
monitoring requirements, including the parameters covered and the sampling
frequency, if the permittee demonstrates, using the monitoring data obtained
under this Paragraph, that--
(i) The
operation has minimized disturbance to the hydrologic balance in the permit and
adjacent areas and prevented material damage to the hydrologic balance outside
the permit area; water quantity and quality are suitable to support approved
postmining land uses; and the water rights of other users have been protected
or replaced; or
(ii) Monitoring is
no longer necessary to achieve the purposes set forth in the monitoring plan
approved under 4VAC25-130-780.21(i).
(7) Equipment, structures, and other devices
used in conjunction with monitoring the quality and quantity of ground water
onsite and offsite shall be properly installed, maintained, and operated and
shall be removed by the permittee when no longer required by the
division.
(d)
Surface-water protection. In order to protect the hydrologic balance, surface
mining activities shall be conducted according to the plan approved under
4VAC25-130-780.21(h), and the following:
(1)
Surface-water quality shall be protected by handling earth materials,
ground-water discharges, and runoff in a manner that minimizes the formation of
acidic or toxic drainage; prevents, to the extent possible using the best
technology currently available, additional contribution of suspended solids to
streamflow outside the permit area; and otherwise prevents water pollution. If
drainage control, restabilization and revegetation of disturbed areas,
diversion of runoff, mulching, or other reclamation and remedial practices are
not adequate to meet the requirements of this section and 4VAC25-130-816.42,
the permittee shall use and maintain the necessary water treatment facilities
or water quality controls.
(2)
Surface-water quality and flow rates shall be protected by handling earth
materials and runoff in accordance with the steps outlined in the plan approved
under 4VAC25-130-780.21(h).
(e) Surface-water monitoring.
(1) Surface water monitoring shall be
conducted according to the surface-water monitoring plan approved under
4VAC25-130-780.21(j). The division may require additional monitoring when
necessary.
(2) Surface-water
monitoring data shall be submitted every three months to the division or more
frequently as prescribed by the division. Monitoring reports shall include
analytical results from each sample taken during the reporting period. When the
analysis of any surface-water sample indicates noncompliance with the permit
conditions, the permittee shall promptly notify the division and immediately
take the actions provided for in 4VAC25-130-773.17(e) and 4VAC25-130-780.21(h).
Reporting shall be in accordance with the National Pollutant Discharge
Elimination System (NPDES) permit requirements.
(3) Surface-water monitoring shall proceed
through mining and continue during reclamation until bond release. Consistent
with 4VAC25-130-774.13, the division may modify the monitoring requirements in
accordance with the NPDES permit, including the parameters covered and sampling
frequency, if the permittee demonstrates, using the monitoring data obtained
under this Paragraph, that--
(i) The operation
has minimized disturbance to the hydrologic balance in the permit and adjacent
areas and prevented material damage to the hydrologic balance outside the
permit area; water quantity and quality are suitable to support approved
postmining land uses; and the water rights of other users have been protected
or replaced; or
(ii) Monitoring is
no longer necessary to achieve the purposes set forth in the monitoring plan
approved under 4VAC25-130-780.21(j).
(4) Equipment, structures, and other devices
used in conjunction with monitoring the quality and quantity of surface water
onsite and offsite shall be properly installed, maintained, and operated and
shall be removed by the permittee when no longer required by the
division.
(f) Acid-and
toxic-forming materials.
(1) Drainage from
acid- and toxic-forming materials into surface water and ground water shall be
avoided by--
(i) Identifying and burying
and/or treating, when necessary, materials which may adversely affect water
quality, or be detrimental to vegetation or to public health and safety if not
buried and/or treated, and
(ii)
Storing materials in a manner that will protect surface water and ground water
by preventing erosion, the formation of polluted runoff, and the infiltration
of polluted water. Storage shall be limited to the period until burial and/or
treatment first become feasible, and so long as storage will not result in any
risk of water pollution or other environmental damage.
(2) Storage, burial or treatment practices
shall be consistent with other material handling and disposal provisions of
this chapter.
(g)
Transfer of wells. Before final release of bond, exploratory or monitoring
wells shall be sealed in a safe and environmentally sound manner in accordance
with 4VAC25-130-816.13 through 4VAC25-130-816.15. With the prior approval of
the division, wells may be transferred to another party, or retained by the
permittee for further use. At a minimum, the conditions of such transfer shall
comply with State and local law and the permittee shall remain responsible for
the proper management of the well until bond release in accordance with
4VAC25-130-816.13 through 4VAC25-130-816.15.
(h) Water rights and replacement. Any person
who conducts surface mining activities shall replace the water supply of an
owner of interest in real property who obtains all or part of his supply of
water for domestic, agricultural, industrial, or other legitimate use from an
underground or surface source, where the water supply has been adversely
impacted by contamination, diminution, or interruption proximately resulting
from the surface mining activities. Baseline hydrologic information required in
4VAC25-130-780.21 and 4VAC25-130-780.22 shall be used in the determination of
the extent of the impact of mining upon ground water and surface
water.
(i) Discharges into an
underground mine.
(1) Discharges into an
underground mine are prohibited, unless specifically approved by the division
after a demonstration that the discharge will--
(i) Minimize disturbance to the hydrologic
balance on the permit area, prevent material damage outside the permit area and
otherwise eliminate public hazards resulting from surface mining
activities;
(ii) Not result in a
violation of applicable water quality standards or effluent
limitations.
(iii) Be at a known
rate and quality which shall meet the effluent limitations of 4VAC25-130-816.42
for pH and total suspended solids, except that the pH and total suspended
solids limitations may be exceeded, if approved by the division; and
(iv) Meet the approval of the Mine Safety and
Health Administration.
(2) Discharges shall be limited to the
following:
(i) Water;
(ii) Coal processing waste;
(iii) Fly ash from a coal-fired
facility;
(iv) Sludge from an
acid-mine drainage treatment facility;
(v) Flue-gas desulfurization
sludge;
(vi) Inert materials used
for stabilizing underground mines; and
(vii) Underground mine development
wastes.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
Virginia.
