(b) Baseline information. The application shall include the following baseline hydrologic information, and any additional information required by the Department.

1. (1) Ground-water information. The location and ownership for the permit and adjacent areas of existing wells, springs, and other ground-water resources, seasonal quality and quantity of ground water, and usage. Water quality descriptions shall include, at a minimum, total dissolved solids or specific conductance corrected to 25°C, pH, total iron, and total manganese. Groundwater quantity descriptions shall include, at a minimum, approximate rates of discharge or usage and depth to the water in the coal seam, and each waterbearing stratum above and potentially impacted stratum below the coal seam.
2. (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. Water quality descriptions shall include, at a minimum, baseline information on total suspended solids, total dissolved solids or specific conductance corrected to 25°C, pH, total iron, and total manganese. Baseline acidity and alkalinity information shall be provided if there is a potential for acid drainage from the proposed mining operation. Water-quantity descriptions shall include, at a minimum, baseline information on seasonal flow rates.
3. (3) Supplemental information. If the determination of the probable hydrologic consequences (PHC) required by (f) of this Section 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, then information supplemental to that required under (b) (1) and (b) (2) of this Section shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analysis of other water-quality or quantity characteristics.

(c) Baseline cumulative impact area information.

1. (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) of this Section shall be provided to the Department if available from appropriate Federal or State agencies.
2. (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. (3) The permit shall not be approved until the necessary hydrologic and geologic information is available to the Department.

(f) Probable hydrologic consequences determination.

1. (1) The application shall contain 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. (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. (3) The PHC determination shall include findings on:

   1. (A) Whether adverse impacts may occur to the hydrologic balance;
   2. (B) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface- or ground-water supplies;
   3. (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 purpose; and

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

      1. (i) Sediment yield from the disturbed area
      2. (ii) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;
      3. (iii) Flooding or streamflow alteration;
      4. (iv) Ground- and surface-water availability; and
      5. (v) Other characteristics as required by the Department.
4. (4) An application for a 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. (1) The Department shall provide an assessment of the probable cumulative hydrologic impacts (CHIA) of the proposed operation and all anticipated mining upon surface- and ground-water systems in the cumulative impact area. The CHIA shall be sufficient to determine, for purposes of permit approval, whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area. The Department may allow the applicant to submit data and analyses relevant to the CHIA with the permit application.
2. (2) An application for a permit revision shall be reviewed by the Department to determine whether a new or updated CHIA shall be required.

(i) Ground-water monitoring plan.

1. (1) The application shall include a ground-water monitoring plan based upon the PHC determination required under Subsection (f) 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 postmining land uses and to the objectives for protection of the hydrologic balance set forth in Subsection (h) 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°C, pH, total iron, total manganese, and water levels shall be monitored and data submitted to the Department at least every 3 months for each monitoring location. The Department may require additional monitoring.
2. (2) If an 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 Department.

(j) Surface-water monitoring plan.

1. (1) The application shall include a surface-water monitoring plan based upon the PHC determination required under Subsection (f) 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 postmined land uses and to the objectives for protection of the hydrologic balance as set forth in (h) of this Section, as well as the effluent limitations found at 40 CFR Part 434.

2. (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.

   1. (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°C, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.
   2. (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. (3) The monitoring reports shall be submitted to the Department every 3 months. The Department may require additional monitoring.