Material damage to the hydrologic balance outside the permit area

Material damage to the hydrologic balance outside the permit area means an adverse impact, as determined in accordance with the rest of this definition, resulting from surface coal mining and reclamation operations, underground mining activities, or subsidence associated with underground mining activities, on the quality or quantity of surface water or groundwater, or on the biological condition of a perennial or intermittent stream. The determination of whether an adverse impact constitutes material damage to the hydrologic balance outside the permit area will be based on consideration of the baseline data collected under 780.19 or 784.19 of this chapter and the following reasonably anticipated or actual effects of the operation:
(1) For a surface water located outside the permit area, effects that cause or contribute to a violation of applicable state or tribal water quality standards, including, but not limited to, state or tribal water quality standards established under section 303(c) of the Clean Water Act, 33 U.S.C. 1313(c), or, for a surface water for which water quality standards have not been established, effects that cause or contribute to non-attainment of any premining use of that surface water outside the permit area;
(2) Effects that cause or contribute to a violation of applicable state or tribal water quality standards for groundwater located outside the permit area, or effects that preclude a premining use of groundwater located outside the permit area; or
(3) Effects that result in a violation of the Endangered Species Act of 1973, 16 U.S.C. 1531 et seq.

Source

30 CFR § 701.5


Scoping language

As used in this chapter, the following terms have the specified meanings, except where otherwise indicated:

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