TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1780 SURFACE MINING PERMIT APPLICATIONS – MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATION PLAN
SECTION 1780.21 HYDROLOGIC INFORMATION


 

Section 1780.21  Hydrologic Information

 

a)         All water quality analyses performed to meet the requirements of this Section shall be conducted according to the methodology in the 15th edition of "Standard Methods for the Examination of Water and Wastewater," (1980) which is incorporated by reference, or the methodology in 40 CFR 136 and 434.  Water quality sampling performed to meet the requirements of this Section shall be conducted according to either methodology listed above when feasible.  "Standard Methods for the Examination of Water and Wastewater" (1980) is a joint publication of the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation and is available from the American Public Health Association, 1015 15th Street, NW, Washington, D.C. 20036.  This document is also available for inspection at the Department's Springfield office.

 

b)         The application shall contain the following baseline hydrologic information.  When this information is insufficient for the Department to determine if adverse impacts may result to the hydrologic balance, additional information shall be required, such as but not limited to water supply contamination or diminution.

 

1)         Ground water information.  The location and ownership for the permit and adjacent area of existing wells, springs, and other ground water resources, seasonal quality and quantity of ground water, and usage.

 

A)        Ground water quality descriptions shall include, at a minimum, pH, total dissolved solids, hardness, alkalinity, acidity, sulfates, total iron and total manganese.  The Department shall allow the measurement of specific conductance in lieu of total dissolved solids if the permittee develops site-specific relationships precisely correlating specific conductance to total dissolved solids for specific sites for all zones being monitored.

 

B)        Ground water quantity descriptions shall include, at a minimum, rates of discharge or usage and elevation of the potentiometric surface in the coal to be mined, in each water-bearing stratum above the coal to be mined, and in each water-bearing statum which may be potentially impacted below the coal to be mined.

 

2)         Surface water information.  The name, location, ownership, and description of all surface water bodies, such as streams, lakes, and impoundments, the location of any discharge into any surface water body in the proposed permit and adjacent areas, and information on surface water quality and quantity sufficient to demonstrate seasonal variation and water usage.

 

A)        Water quality descriptions shall include, at a minimum, baseline information on pH, total suspended solids, total dissolved solids, alkalinity, acidity, sulfates, total iron and total manganese.  The Department shall allow the measurement of specific conductance in lieu of total dissolved solids if the permittee develops site-specific relationships precisely correlating specific conductance to total dissolved solids for specific sites for all surface water points being monitored.

 

B)        Water quantity descriptions shall include, at a minimum, baseline information on seasonal flow rates.

 

3)         If the determination of probable hydrologic consequences required by subsection (f) below indicates that 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 or surface water supplies, then information supplemental to that required under subsections (b)(1) and (2) shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities.  Such supplemental information shall be based upon drilling, hydrogeologic analyses of water-bearing strata, flood flows, or analysis of other water quality or quantity characteristics.

 

c)         Baseline cumulative impact area information.

 

1)         Hydrologic and geologic information for the cumulative impact area necessary to assess the probable cumulative hydrologic impacts of the proposed operation and all anticipated mining on surface and ground water systems as required by subsection (g) shall be provided to the Department, if available from appropriate Federal or State agencies.

 

2)         If the information is not available from such agencies, then the applicant may gather and submit this information to the Department as part of the permit application.

 

3)         The permit shall not be approved until the necessary hydrologic and geologic information is available to the Department.

 

d)         The use of modeling techniques, interpolation or statistical techniques may be included as part of the permit application if such techniques will enhance the evaluation of hydrological impacts, but actual surface and ground water information may be required by the Department for the purposes of calibration of such models for each site even when such techniques are used.

 

e)         If the determination of probable hydrologic consequences required in subsection (f) indicates that the proposed mining operation may proximately result in the contamination, diminution, or interruption of an underground or surface water source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose, then the application shall contain information on water availability and alternative water sources, including the suitability of the alternate water source for existing premining uses and approved post-mining land uses.

 

f)         Determination of the probable hydrologic consequences (PHC).

 

1)         The application shall contain a determination of the probable hydrologic consequences of the proposed surface mining activities, on the proposed permit area and adjacent area, with respect to the hydrologic regime and the quantity and quality of water in surface and ground water systems under all seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, total manganese, and other parameters required by the Department if such parameters are necessary to assure an accurate determination of probable hydrologic consequences.

 

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 or toxic-forming materials are present that could result in the contamination of surface or ground water supplies;

 

C)        Whether the proposed operation may proximately result in contamination, diminution or 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 purposes such as recreational and fish and wildlife uses; and

 

D)        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 stream-flow alteration;

 

iv)        ground water and surface water availability; and

 

v)         other characteristics as required by the Department, based upon public comment and the Department's technical review.

 

4)         An application for permit revision shall be reviewed by the Department to determine whether a new or updated PHC determination shall be required.

 

g)         Cumulative hydrologic impact assessment.

 

1)         The Department shall provide an assessment of the probable cumulative hydrologic impacts of the proposed operation and all anticipated mining upon surface and ground water systems in the cumulative impact area.  This assessment shall be sufficient for purposes of permit approval, to determine whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.  The Department shall allow the submittal of data and analyses by the permittee in accordance with subsection (c).

 

2)         An application for a permit revision shall be reviewed by the Department to determine whether a new or updated assessment shall be required.

 

h)         The application shall include a plan with maps and descriptions, indicating how the relevant requirements of 62 Ill. Adm. Code 1816.41 through 1816.43 will be met.  The plan shall be specific to local hydrologic conditions.  It shall contain steps to be taken during mining and reclamation through bond release to minimize disturbances to the hydrologic balance within the permit and adjacent areas; to prevent material damage outside the permit area; to meet the applicable Federal and State water quality laws and regulations and to protect the rights of present water users. The plan shall include the measures to be taken to avoid acid or toxic drainage; prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow; provide water treatment facilities when needed; control drainage; restore approximate premining recharge capacity and protect or replace rights of present water users.  The plan shall specifically address any potential adverse hydrologic consequences identified in subsection (f) and shall include preventative and remedial measures.

 

i)          Ground water monitoring plan.

 

1)         The application shall include a ground water monitoring plan based upon the determination of probable hydrologic consequences required under subsection (f) and the analyses 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 post-mining land uses and to the objectives for protection of the hydrologic balance set forth in subsection (h).  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 on the hydrologic balance.  At a minimum, the parameters to be monitored shall include pH, total dissolved solids, hardness, alkalinity, acidity, sulfates, total iron, total manganese and water levels.  The Department shall allow the measurement of specific conductance in lieu of total dissolved solids if the permittee develops site-specific relationships precisely correlating specific conductance to total dissolved solids for specific sites for all zones being monitored.  Data shall be submitted to the Department every three months for each monitoring location.  The Department may require additional monitoring, such as increased parameters or frequency, if it is determined that the existing or proposed monitoring program is not designed to detect adverse impacts to the hydrologic balance.

 

2)         If an applicant can demonstrate by the use of the probable hydrologic consequences 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 Department.

 

j)          Surface water monitoring plan.

 

1)         The application shall include a surface water monitoring plan based upon the determination of probable hydrologic consequences required in subsection (f) 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 post-mining land uses, to the objectives for protection of the hydrologic balance set forth in subsection (h) and the effluent limitations in 40 CFR 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 pH, total dissolved solids, total suspended solids, alkalinity, acidity, sulfates, total iron, total manganese and flow shall be monitored.  The Department shall allow the measurement of specific conductance in lieu of total dissolved solids if the permittee developes site-specific relationships precisely correlating specific conductance to total dissolved solids for specific sites for all locations being monitored.

 

B)        For point-source discharges, monitoring shall be conducted in accordance with 40 CFR 122, 123 and 434 and as required by the Illinois Environmental Protection Agency (IEPA).

 

3)         All surface water monitoring reports, including those required by the IEPA, shall be submitted to the Department every 3 months.  The Department shall require additional monitoring if it is determined that the existing or proposed monitoring plan is not adequate to detect adverse impacts to the hydrologic balance.

 

(Source:  Amended at 26 Ill. Reg. 4402, effective March 6, 2002)