---
kind: "range"
citation: "30 C.F.R. §§ 816.41–816.43"
title: "30"
from: "816.41"
to: "816.43"
count: 3
url: "https://uscodex.org/cfr/30/816.41..816.43"
---

# §816.41. Hydrologic-balance protection.

- (a) **General.** All surface mining and reclamation activities shall be conducted to minimize disturbance of the hydrologic balance within the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, to assure the protection or replacement of water rights, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the performance standards of this part. The regulatory authority may require additional preventative, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.
- (b) **Ground-water protection.** In order to protect the hydrologic balance, surface mining activities shall be conducted according to the plan approved under [§ 780.21(h)](/cfr/30/780.21.md?p=h) of this chapter and the following:
  - (1) Ground-water quality shall be protected by handling earth materials and runoff in a manner that minimizes acidic, toxic, or other harmful infiltration to ground-water systems and by managing excavations and other disturbances to prevent or control the discharge of pollutants into the ground water.
  - (2) Ground-water quantity shall be protected by handling earth materials and runoff in a manner that will restore the approximate premining recharge capacity of the reclaimed area as a whole, excluding coal mine waste disposal areas and fills, so as to allow the movement of water to the ground-water system.
- (c) **Ground-water monitoring.**
  - (1) Ground-water monitoring shall be conducted according to the ground-water monitoring plan approved under [§ 780.21(i)](/cfr/30/780.21.md?p=i) of this chapter. The regulatory authority may require additional monitoring when necessary.
  - (2) Ground-water monitoring data shall be submitted every 3 months to the regulatory authority or more frequently as prescribed by the regulatory authority. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any ground-water sample indicates noncompliance with the permit conditions, then the operator shall promptly notify the regulatory authority and immediately take the actions provided for in §§ [773.17(e)](/cfr/30/773.17.md?p=e) and [780.21(h)](/cfr/30/780.21.md?p=h) of this chapter.
  - (3) Ground-water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with the procedures of [§ 774.13](/cfr/30/774.13.md) of this chapter, the regulatory authority may modify the monitoring requirements, including the parameters covered and the sampling frequency, if the operator demonstrates, using the monitoring data obtained under this paragraph, that—
    - (i) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable to support approved postmining land uses; and the water rights of other users have been protected or replaced; or
    - (ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under [§ 780.21(i)](/cfr/30/780.21.md?p=i) of this chapter.
  - (4) Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of ground water onsite and offsite shall be properly installed, maintained, and operated and shall be removed by the operator when no longer needed.
- (d) **Surface-water protection.** In order to protect the hydrologic balance, surface mining activities shall be conducted according to the plan approved under [§ 780.21(h)](/cfr/30/780.21.md?p=h) of this chapter, and the following:
  - (1) Surface-water quality shall be protected by handling earth materials, ground-water discharges, and runoff in a manner that minimizes the formation of acidic or toxic drainage; prevents, to the extent possible using the best technology currently available, additional contribution of suspended solids to streamflow outside the permit area; and otherwise prevents water pollution. If drainage control, restabilization and revegetation of disturbed areas, diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of this section and [§ 816.42](/cfr/30/816.42.md), the operator shall use and maintain the necessary water-treatment facilities or water quality controls.
  - (2) Surface-water quality and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under [§ 780.21(h)](/cfr/30/780.21.md?p=h) of this chapter.
- (e) **Surface-water monitoring.**
  - (1) Surface-water monitoring shall be conducted according to the surface-water monitoring plan approved under [§ 780.21(j)](/cfr/30/780.21.md?p=j) of this chapter. The regulatory authority may require additional monitoring when necessary.
  - (2) Surface-water monitoring data shall be submitted every 3 months to the regulatory authority or more frequently as prescribed by the regulatory authority. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any surface-water sample indicates noncompliance with the permit conditions, the operator shall promptly notify the regulatory authority and immediately take the actions provided for in §§ [773.17(e)](/cfr/30/773.17.md?p=e) and [780.21(h)](/cfr/30/780.21.md?p=h) of this chapter. The reporting requirements of this paragraph do not exempt the operator from meeting any National Pollutant Discharge Elimination System (NPDES) reporting requirements.
  - (3) Surface-water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with [§ 774.13](/cfr/30/774.13.md) of this chapter, the regulatory authority may modify the monitoring requirements, except those required by the NPDES permitting authority, including the parameters covered and sampling frequency if the operator demonstrates, using the monitoring data obtained under this paragraph, that—
    - (i) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable to support approved postmining land uses; and the water rights of other users have been protected or replaced; or
    - (ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under [§ 780.21(j)](/cfr/30/780.21.md?p=j) of this chapter.
  - (4) Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of surface water onsite and offsite shall be properly installed, maintained, and operated and shall be removed by the operator when no longer needed.
- (f) **Acid- and toxic-forming materials.**
  - (1) Drainage from acid- and toxic-forming materials into surface water and ground water shall be avoided by—
    - (i) Identifying and burying and/or treating, when necessary, materials which may adversely affect water quality, or be detrimental to vegetation or to public health and safety if not buried and/or treated, and
    - (ii) Storing materials in a manner that will protect surface water and ground water by preventing erosion, the formation of polluted runoff, and the infiltration of polluted water. Storage shall be limited to the period until burial and/or treatment first become feasible, and so long as storage will not result in any risk of water pollution or other environmental damage.
  - (2) Storage, burial or treatment practices shall be consistent with other material handling and disposal provisions of this chapter.
- (g) **Transfer of wells.** Before final release of bond, exploratory or monitoring wells shall be sealed in a safe and environmentally sound manner in accordance with [§§ 816.13 to 816.15](/cfr/30/816.13..816.15.md). With the prior approval of the regulatory authority, wells may be transferred to another party for further use. At a minimum, the conditions of such transfer shall comply with State and local law and the permittee shall remain responsible for the proper management of the well until bond release in accordance with [§§ 816.13 to 816.15](/cfr/30/816.13..816.15.md).
- (h) **Water rights and replacement.** Any person who conducts surface mining activities shall replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been adversely impacted by contamination, diminution, or interruption proximately resulting from the surface mining activities. Baseline hydrologic information required in §§ [780.21](/cfr/30/780.21.md) and [780.22](/cfr/30/780.22.md) of this chapter shall be used to determine the extent of the impact of mining upon ground water and surface water.
- (i) **Discharges into an underground mine.**
  - (1) Discharges into an underground mine are prohibited, unless specifically approved by the regulatory authority after a demonstration that the discharge will—
    - (i) Minimize disturbance to the hydrologic balance on the permit area, prevent material damage outside the permit area and otherwise eliminate public hazards resulting from surface mining activities;
    - (ii) Not result in a violation of applicable water quality standards or effluent limitations;
    - (iii) Be at a known rate and quality which shall meet the effluent limitations of [§ 816.42](/cfr/30/816.42.md) for pH and total suspended solids, except that the pH and total suspended-solids limitations may be exceeded, if approved by the regulatory authority; and
    - (iv) **Meet with the approval of the Mine Safety and Health Administration.**
  - (2) Discharges shall be limited to the following:
    - (i) Water;
    - (ii) Coal processing waste;
    - (iii) Fly ash from a coal-fired facility;
    - (iv) Sludge from an acid-mine-drainage treatment facility;
    - (v) Flue-gas desulfurization sludge;
    - (vi) Inert materials used for stabilizing underground mines; and
    - (vii) **Underground mine development wastes.**

# §816.42. Hydrologic balance: Water quality standards and effluent limitations.


Discharges of water from areas disturbed by surface mining activities shall be made in compliance with all applicable State and Federal water quality laws and regulations and with the effluent limitations for coal mining promulgated by the U.S. Environmental Protection Agency set forth in [40 CFR part 434](/cfr/40/part434.md).


# §816.43. Diversions.

- (a) **General requirements.**
  - (1) With the approval of the regulatory authority, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of [§ 816.46](/cfr/30/816.46.md) for siltation structure removal, may be diverted from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the regulatory authority under [§ 816.41(i)](/cfr/30/816.41.md?p=i).
  - (2) The diversion and its appurtenant structures shall be designed, located, constructed, maintained and used to—
    - (i) Be stable;
    - (ii) Provide protection against flooding and resultant damage to life and property;
    - (iii) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and
    - (iv) **Comply with all applicable local, State, and Federal laws and regulations.**
  - (3) Temporary diversions shall be removed promptly when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with this part. Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the operator from maintaining water-treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel including the natural riparian vegetation to promote the recovery and the enhancement of the aquatic habitat.
  - (4) The regulatory authority may specify design criteria for diversions to meet the requirements of this section.
- (b) **Diversion of perennial and intermittent streams.**
  - (1) Diversion of perennial and intermittent streams within the permit area may be approved by the regulatory authority after making the finding relating to stream buffer zones that the diversion will not adversely affect the water quantity and quality and related environmental resources of the stream.
  - (2) The design capacity of channels for temporary and permanent stream channel diversions shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.
  - (3) The requirements of [paragraph (a)(2)(ii)](#a-2-ii) of this section shall be met when the temporary and permanent diversions for perennial and intermittent streams are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a 10-year, 6-hour precipitation event for a temporary diversion and a 100-year, 6-hour precipitation event for a permanent diversion.
  - (4) The design and construction of all stream channel diversions of perennial and intermittent streams shall be certified by a qualified registered professional engineer as meeting the performance standards of this part and any design criteria set by the regulatory authority.
- (c) **Diversion of miscellaneous flows.**
  - (1) Miscellaneous flows, which consist of all flows except for perennial and intermittent streams, may be diverted away from disturbed areas if required or approved by the regulatory authority. Miscellaneous flows shall include ground-water discharges and ephemeral streams.
  - (2) The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet all of the performance standards set forth in [paragraph (a)](#a) of this section:
  - (3) The requirements of [paragraph (a)(2)(ii)](#a-2-ii) of this section shall be met when the temporary and permanent diversions for miscellaneous flows are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a 2-year, 6-hour precipitation event for a temporary diversion and a 10-year, 6-hour precipitation event for a permanent diversion.