30 CFR 784.22 - What information must I include in the hydrologic reclamation plan and what information must I provide on alternative water sources?

§ 784.22 What information must I include in the hydrologic reclamation plan and what information must I provide on alternative water sources?

(a)Hydrologic reclamation plan. Your permit application must include a plan, with maps and descriptions, that demonstrates how the proposed operation will comply with the applicable provisions of this subchapter and subchapter K of this chapter that relate to protection of the hydrologic balance. The plan must -

(1) Be specific to local hydrologic conditions.

(2) Include preventive or remedial measures for any potential adverse hydrologic consequences identified in the PHC determination prepared under § 784.20 of this part. These measures must describe the steps that you will take during mining and reclamation through final bond release under §§ 800.40 through 800.43 of this chapter to -

(i) Minimize disturbances to the hydrologic balance within the proposed permit and adjacent areas. .

(ii) Prevent material damage to the hydrologic balance outside the proposed permit area. The plan must include remedial measures for any predicted diminution of streamflow or loss of wetlands as a result of subsidence. The application must discuss the results of past use of the proposed remedial measures in the vicinity of the proposed mining operation and under similar conditions elsewhere.

(iii) Meet applicable water quality laws and regulations.

(iv) Protect existing water users in accordance with paragraph (b) of this section and § 817.40 of this chapter.

(v) Avoid acid or toxic discharges to surface water and avoid or, if avoidance is not possible, minimize degradation of groundwater.

(vi) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow or to runoff outside the proposed permit area.

(vii) Provide water-treatment facilities when needed.

(viii) Control surface-water runoff in accordance with § 784.29 of this part.

(3) Address the impacts of any transfers of water among active and abandoned mines within the proposed permit and adjacent areas.

(4) Describe the steps that you will take during mining and reclamation through final bond release under §§ 800.40 through 800.43 of this chapter to protect and enhance aquatic life and related environmental values to the extent possible using the best technology currently available.

(b)Alternative water source information. (1)(i) If the PHC determination prepared under § 784.20 of this part indicates that underground mining activities conducted after October 24, 1992, may result in contamination, diminution, or interruption of a well or spring that is in existence at the time the permit application is submitted and that is used for domestic, drinking, or residential purposes, you must demonstrate that alternative water sources are both available and feasible to develop. The alternative water sources must be of suitable quality and sufficient in quantity to support all uses protected under § 817.40 of this chapter.

(ii) You must develop a water supply replacement plan for all uses protected under § 817.40 of this chapter that includes construction details, costs, and an implementation schedule.

(2) If you cannot identify an alternative water source that is both suitable and available, you must modify your application to prevent the proposed operation from contaminating, interrupting, or diminishing any water supply protected under § 817.40 of this chapter.

(3)

(i) When a suitable alternative water source is available, your operation plan must require that the alternative water supply be developed and installed on a permanent basis before your operation advances to the point at which it could adversely affect an existing water supply protected under § 817.40 of this chapter. This requirement applies only to those water supplies for which adverse impacts are probable.

(ii) Paragraph (b)(3)(i) of this section will not apply immediately if you demonstrate, and the regulatory authority finds, that the proposed operation also would adversely affect the replacement supply. In that case, your plan must require provision of a temporary replacement water supply until it is safe to install the permanent replacement water supply required under paragraph (b)(3)(i) of this section.

(4) Your application must describe how you will provide both temporary and permanent replacements for any unexpected losses of water supplies protected under § 817.40 of this chapter.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 16 - CONSERVATION
U.S. Code: Title 30 - MINERAL LANDS AND MINING