| (a) Minimum Requirements. (1) A determination of the probable hydrologic consequences of the mining and reclamation operations, both on- and off-site, shall be made by a qualified laboratory. The data for this determination shall include: (A) the existing and projected surface- and ground-water seasonal flow regime, including water-level and water-table evaluations; and (B) the existing and projected seasonal quality of the surface- and ground-water regime. This shall include measurements and estimates of dissolved and suspended solids, pH, iron, manganese, surface and channel erosion and other water-quality parameters specified in the application for surface mining operation permit. (2) A statement of the results of test borings or core samplings from the proposed permit area, including: (A) logs from any drill holes including identification of each stratum and water
level penetrated; (B) the coal seam thickness and its chemical analysis including sulfur content; (C) the chemical analysis of potentially acid- or toxic-forming sections of the overburden, and the chemical analysis of the stratum lying immediately underneath the coal to be mined; and (D) other information as needed on a site-specific basis. (b) Exemptions. The statement by a qualified laboratory under subsection (a)(2) of this section may be waived by the Commission by a written determination that such requirements are unnecessary with respect to a specific surface mining operation permit application. (c) Data Availability. Data collected under this program shall be made available to all interested persons, except information related to the chemical and physical properties of coal, when so requested by the applicant. Information regarding the mineral or elemental content of the coal
which is potentially toxic in the environment shall be made available.
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