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The small areas to be exempted are located as follows: <br />• SAE at slurry well site and other small areas on the west side of the permit area <br />• Two SAEs for East Portal Water Tanks <br />• SAE east of the Development Coal Waste Pile <br />• SAE north of the river and west of the RDA belt (including Topsoil Stockpile #2) <br />• SAE south of Pond 007A. <br />Stream Channel Diversions <br />During a previous permit term the operator submitted design details for permanent diversion of <br />the Middle Fork of the Purgatoire River. This diversion was necessary to accommodate coal <br />storage and preparation plant operations. The Division approved this permanent diversion and <br />the operator completed the approximately 580 -foot diversion in the spring and early summer of <br />1985. This decision is based on a finding that the proposed diversion meets the requirements of <br />4.05.18 and 4.05.4; applicable local, State, and Federal statutes and regulations; and that the <br />diversion is designed to safeguard public safety and to minimize adverse impacts to the <br />hydrologic balance (4.05.4(1) and (4)). The Division has found that this diversion will not <br />diminish downstream water rights and meets the requirements of Rule 4.05.4 (4.05.4(3)). <br />Exhibit 21 of the PAP (Supporting Information for Permanent Diversion) contains the pertinent <br />design formation. <br />Channel lining structures, retention basins, and artificial channel roughness structures are <br />proposed for use to control erosion. These means are proposed to be approved by the Division <br />since they are necessary to control erosion, they are stable and will require infrequent <br />maintenance (4.05.4(2)(a)). <br />Sedimentation Ponds <br />With TR -68 (issued February 2015), the Division approved the retention of Ponds 004A and 08. <br />Surface and Ground Water Monitoring <br />The applicant will conduct monitoring of water in a manner approved by the Division. The <br />groundwater monitoring plan and surface water monitoring plan are described in Section 2.05 of <br />the PAP. This section includes monitoring frequency in Table 27 and a water quality parameter <br />list in Table 28 (4.05.13(1)). <br />Transfer of Wells <br />Exploration sites 05-2011 and 08-2011 were retained as wells for monitoring purposes with MR - <br />123 (issued in August 2015). Per Exhibit 11 in the PAP and the map of exploration boreholes <br />(permit X201123201), they are located as follows: <br />• NE -05-2011 —NE quarter of NW quarter of Section 8 in Township 34S, Range 67W. <br />• NE -08-2011 —NW quarter of SE quarter of Section 16 in Township 34S, Range 67W. <br />Discharge of Water into an Underground Mine <br />New Elk Mine <br />Findings for RN -06, May 11, 2017 <br />12 <br />