SECTION 460:20-27-12. Geologic information

(a)   General. Each application shall include geologic information in sufficient detail to assist in determining:

(1)   The probable hydrologic consequences of the operation upon the quality and quantity of surface and ground water in the permit and adjacent areas, including the extent to which surface- and ground-water monitoring is necessary;

(2)   All potentially acid- or toxic-forming strata down to and including the stratum immediately below the lowest coal seam to be mined; and

(3)   Whether reclamation as required by this Chapter can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.

(b)   Geologic information shall include, at a minimum, the following:

(1)   A description of the geology of the proposed permit and adjacent areas down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely impacted by mining. The description shall include the areal and structural geology of the permit and adjacent areas and other parameters which influence the required reclamation, and the occurrence, availability, movement, quantity, and quality of potentially impacted surface and ground waters. It shall be based on:

(A)   The cross sections, maps, and plans required by Section 460:20-25-11 of this Chapter;

(B)   The information obtained under (b) (2) and (c) of this Section; and

(C)   Geologic literature and practices.

(2)   Analyses of samples collected from test borings; drill cores; or fresh, unweathered, uncontaminated samples from rock outcrops from the permit area, down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest seam to be mined which may be adversely impacted by mining. The analyses shall result in the following:

(A)   Logs showing the lithologic characteristics including physical properties and thickness of each stratum and location of ground water where occurring;

(B)   Chemical analyses identifying those strata that may contain acid- or toxic-forming or alkalinity-producing materials and to determine their content, except that the Department may find that the analysis for alkalinity- producing materials is unnecessary; and

(C)   Chemical analyses of the coal seam for acid- or toxic-forming materials, including the total sulfur and pyritic sulfur, except that the Department may find that the analysis of pyritic sulfur content is unnecessary.

(c)   If determined to be necessary to protect the hydrologic balance or to meet the performance standards of this Chapter, the Department may require the collection, analysis, and description of geologic information in addition to that required by Subsection (b) of this Section.

(d)   An applicant may request the Department to waive in whole or in part the requirements of (b) (2) of this Section. The waiver may be granted only if the Department finds in writing that the collection and analysis of such data are unnecessary because other equivalent information is available to the Department in a satisfactory form.