Md. Code Regs. 26.20.02.08

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.20.02.08 - Determination of Probable Hydrologic Consequences

A. A permit application shall include a determination of the probable hydrologic consequences 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. The determination shall be based on the information required under Regulations .06 and .07 of this chapter, and may include the use of modeling, interpolation, or statistical techniques.

B. The determination of the probable hydrologic consequences shall include findings on:

(1) Whether adverse impacts may occur to the hydrologic balance;

(2) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface or ground water supplies;

(3) 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 purpose; and

(4) What impact the proposed operation will have on:

(a) Sediment yield from the disturbed area,

(b) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact,

(c) Flooding or stream flow alteration,

(d) Ground water and surface water availability, and

(e) Other characteristics as required by the Bureau.

C. If the probable hydrologic consequences determination 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 water or surface water supplies, the permit application shall include information supplemental to that required under Regulations .06 and .07 of this chapter to evaluate the probable hydrologic consequences and to plan remedial and reclamation activities. The supplemental information may be based on:

(1) Drilling;

(2) Aquifer tests;

(3) Hydrogeological analysis of the water-bearing strata;

(4) Flood flows; or

(5) Analysis of other water quality or quantity characteristics.

D. If the probable hydrologic consequences determination indicates that the proposed mining 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 purpose, the application shall contain information on water availability and alternative water sources, including the suitability of alternative water sources for existing premining uses and approved postmining land uses.

E. If required by the Bureau, the application shall include hydrologic and geologic information available from appropriate federal or State agencies necessary to assess the probable cumulative hydrologic impact of the proposed operation, and all anticipated mining on the surface and ground water systems of the cumulative impact study area designated by the Bureau. If the information is not available from federal and State agencies, the applicant may gather and submit the required information to the Bureau as part of the permit application.

Md. Code Regs. 26.20.02.08

Regulations .08 were previously codified as COMAR 08.13.09.02 a A_B and D_S, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.2.01.