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and reclamation operations, both on and off the mine site, with respect to the hydrologic regime, <br />quantity and quality of water in surface and ground water systems including the dissolved and <br />suspended solids under seasonal flow conditions and the collection of sufficient data for the mine <br />site and surrounding areas so that an assessment can be made by the regulatory authority of the <br />probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area <br />and particularly upon water availability." 30 U.S.C.A. § 1257(b)(11). The reclamation plan <br />submitted by the mine permittee must include: <br />a detailed description of the measures to be taken during the mining and <br />reclamation process to assure the protection of <br />(A) the quality of surface and groundwater systems, both on -and off -site, <br />from adverse effects of the mining and reclamation process; <br />(B) the rights of present users to such water; and <br />(C) the quantity of surface and ground water systems, both on- and off -site, <br />from adverse effects of the mining and reclamation process or to provide <br />alternative sources of water where such protection cannot be assured; <br />30 U.S.C.A. § 1258(a)(13). In rendering its decision for mine permit approval, the agency <br />considers: "(3) the assessment of the probable cumulative impact of all anticipated mining in the <br />area on the hydrologic balance specified in section 1257(b) of this title has been made by the <br />regulatory authority and the proposed operation thereof has been designed to prevent material <br />damage to hydrologic balance outside permit area." 30 U.S.C.A. § 1260(b)(3). (Emphasis added). <br />Thus, although the hydrologic plans submitted for the mine application address on -and off -site <br />water quality, the approval of the mine permit, solely addresses waters and the hydrology outside <br />the permit area. <br />Peabody's request is also consistent with applicable state law which echoes the key <br />elements of SMCRA. Throughout the Colorado Mining Act, there is an emphasis on meeting <br />environmental requirements outside the coal mining area. Agency approval of a mine permit <br />relies upon "the assessment of the probable cumulative impact of all anticipated mining in the area <br />on the hydrologic balance ... has been made by the office and the proposed operation thereof has <br />been designed to prevent material damage to hydrologic balance outside the permit area." C.R.S. <br />§ 34- 33- 114(2)(c) (emphasis added). Additionally, an application must include discussion of <br />"treating drainage to reduce toxic content which adversely effects downstream water upon being <br />released to the watercourses." C.R.S. § 34- 33- 121(i)(B). Further, an applicant must "conduct <br />surface activities incident to underground coal mining so as to prevent, to the extent possible using <br />the best technology currently available, additional contributions of suspended solids to streamflow <br />or runoff outside the permit area (but in no event shall such contribution be in excess of <br />requirements set by applicable state and federal law)...." C.R.S. § 34 -33 -121 (II).3 <br />s Nearly identical language is included in the SMCRA. The reclamation plan submitted by the mine permittee must <br />include a detailed description of the measures to be taken during the mining and reclamation process to assure the <br />protection of the quality of surface and ground water systems. 30 U.S.C.A. § 1258(a)(13). To approve a permit under <br />SMCRA, the agency must assess the "probable cumulative impact of all anticipated mining in the area on the <br />hydrologic balance" and ensure that "the proposed operation thereof has been designed to prevent material damage to <br />