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iii iiiiiiiiiiiu iii <br />999 <br />NOTICE OF VIOLATION C-93-023 <br />4.05.1(1) Surface and underground mining activities shall be planned and conducted <br />to minimize disturbance of the prevailing hydrologic balance in both the <br />mine plan and adjacent areas, and to prevent material damage to the <br />hydrologic balance outside the permit area in order to prevent long-term <br />adverse changes in the hydrologic balance. <br />4.05.1(4) Operations shall be conducted to minimize water pollution and, where <br />necessary, treatment methods shall be used to control water pollution. <br />4.05.2(1) All surface drainage from the disturbed area, including disturbed areas <br />that have been graded, seeded, or planted, shall be passed through a <br />sedimentation pond, a series of sedimentation ponds, or a treatment <br />facility before leaving the permit area. <br />4.05.2(3)(a) The Division may grant exemptions from these requirements only in <br />accordance with the following: <br />(a) The person who conducts the surface or underground mining <br />activities demonstrates that sedimentation ponds and treatment <br />facilities are not necessary for the drainage to meet the effluent <br />limitations of 4.05.2 and the applicable State and Federal water <br />quality requirements for downstream receiving waters. <br />4.05.2(4) For the purposes of 4.05.2, "disturbed area" shall not include those areas <br />in which only diversion ditches, sedimentation ponds, or roads are <br />installed in accordance with the performance standard requirements of <br />this Rule and those areas in which the upstream area is not otherwise <br />disturbed by the person who conducts the surface coal mining operations. <br />1.04.36 "Disturbed area" means an area where vegetation, topsoil, or overburden <br />is removed or upon which topsoil, spoil, coal processing waste, <br />underground development waste or noncoal waste is placed by surface <br />coal mining operations. Those areas are classified as disturbed until <br />reclamation is completed and the performance bond or other assurance <br />of performance required by Rule 3 is released. <br />