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the diversion (4.05.4(2)(b)). <br />4. The Division does not propose to approve any permanent stream diversions <br />(4.05.4(3)). <br />D. Sedimentation Ponds <br />1. The Division does not propose to approve the location of any sediment pond in a <br />perennial stream (4.05.6(1)(b)). <br />2. The Division does not propose to approve the submittal of reports required by <br />Rule 4.05.6(13) on other than a quarterly basis. <br />3. Alternative design criteria and specifications have been approved for use in <br />sediment pond design and /or construction. This decision is based on a thorough <br />analytical demonstration by a qualified professional engineer that the resulting <br />sediment pond (Pond D) will be as environmentally sound and structurally stable <br />taking into consideration physical, climatological and other characteristics of the <br />site <br />The gob pile pond (Pond D) has an embankment with slopes steeper than typical <br />requirements. Bowie Resources, LLC provided the required geotechnical stability <br />analyses to justify the implementation of steeper embankment slopes. Sediment <br />pond design details are presented in Section 2.05 and Volume III, Exhibit 8 of the <br />permit application document (4.05.6(11)). <br />E. Acid - forming and Toxic - forming Spoil <br />Based upon information provided by BRL, the Division does not anticipate that any <br />acid - forming or toxic - forming spoil will be encountered during the operation of the <br />Bowie No. 2 Mine (4.05.8(3)). <br />F. Impoundments <br />BRL has not proposed the use of alternative design criteria and specifications for <br />impoundment design and construction (4.05.9). <br />G. Surface and Ground Water Monitoring <br />The applicant will conduct monitoring of surface and ground water in a manner <br />approved by the Division. The surface and ground water monitoring plan is specified <br />in Section 2.05.6(3)(b)(iv) of the Bowie No. 2 Mine permit application BRL monitors <br />surface water quantity and quality in perennial streams, irrigation ditches, ephemeral <br />drainages, and several springs, both upstream and downstream from the areas affected <br />by mining. Ground water levels and quality are monitored in the D -2 coal seam, the <br />B -2 coal seam and the North Fork alluvium. Monitoring and reporting of mine <br />inflows was added to the hydrology monitoring plan with the approval of Permit <br />Revision No. 2 (4.05.13(1) and 4.05.13(2)). <br />Page 34 of 46 <br />