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<br />36 <br /> <br />3. The Division proposes to exempt specific small areas from the use of sediment <br />ponds for the following reasons: each area is of limited size, ponds and <br />treatment facilities are not necessary for drainage in each area to meet the <br />effluent limitations of Rule 4.05.2 and applicable State and Federal water <br />quality standards for receiving streams, and no mixing of surface drainage with <br />a discharge from underground workings will occur. The following areas are <br />exempted: the Sylvester Gulch fan site, an area located downstream from the <br />MB-5E pond, the 1.2 million gallon water tank, the area surrounding the raw <br />water intake gallery, the Shaft 3 area, the drill pads utilized at the “thermal <br />event” area, the drill pads at MVBs, the sites of the former Lone Pine <br />substation and Lone Pine ventilation fan and associated facilities, the corrals <br />laydown/staging area, and the Deer Creek Shaft area [4.05.2(3)(b)(i)]. <br /> <br />B. Diversions and Conveyance of Overland Flow <br /> <br />1. Sediment control ditches have been designed and constructed in compliance <br />with Rule 4.05.3. Locations are shown on the Map 54 series, and designs can <br />be found in Exhibit 66. A summary of the designs can be found on Table 44 <br />in Exhibit 66 of the PAP [4.05.3(2)]. <br /> <br />C. Stream Channel Diversions <br /> <br />1. The West Elk Mine does not propose any stream channel diversions; <br />therefore, this section is not applicable. <br /> <br />D. Sedimentation Ponds <br /> <br />1. Mountain Coal Company has constructed six sediment ponds and two <br />freshwater ponds. The ponds have been designed, constructed and maintained <br />in accordance with the requirements of 4.05.6 and 4.05.9. The location of <br />these ponds can be found on the Map 54 series. The designs of the ponds can <br />be found in Exhibit 66. The ponds are located as near as practical to the <br />disturbed area and are not located within perennial streams according to <br />4.05.6(1)(b). <br /> <br />E. Acid-forming and Toxic-forming Spoil <br /> <br />1. Underground development waste from underground workings at the West Elk <br />Mine is handled as coal mine waste and placed on the Lower Refuse Pile <br />(LRP), Refuse Pile Expansion (RPE) and Refuse Pile Expansion East (RPEE). <br />No acid-forming or toxic-forming materials are present in the waste in <br />quantities significant enough to affect groundwater quality. Therefore, special <br />handling is not required for these materials [4.05.8(3)]. An Upper Refuse <br />Disposal Area has also been approved for construction, but has not been built. <br />MCC has verbally indicated this pile will not be needed. Stipulation #7 <br />requires MCC to complete a geotechnical investigation prior to constructing <br />the Upper Refuse Disposal Area. <br />