(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 the permit 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 toxic drainage;
(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 Cont'd... |