“The rule defines “material damage to the hydrologic balance
outside the permit area” for the first time and clarifying that the statutory
prohibition on the approval of proposed operations that would result in
material damage to the hydrologic balance outside the permit area applies to
both surface and underground mining operations. Under SMCRA, the regulatory
authority may not approve a permit application unless the application
demonstrates, and the regulatory authority finds, that the proposed operation
would not result in material damage to the hydrologic balance outside the
permit area.”
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