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Rule 4.05.13(2) Surface Water <br />A surface water monitoring program has been established that meets the requirements of this rule <br />(see page 8 Tab 13). <br />Rule 4.05.15 Water Rights and Replacement. <br />The PAP is in compliance with this rule. See Tab 14 page 1. <br />Rule 4.05.18 Stream Buffer Zones. <br />Rule 4.05.18(1) No land within 100 feet, or greater distance if required by the Division, of a <br />perennial stream, an intermittent stream, or an ephemeral stream with a drainage area greater <br />than one square mile, shall be disturbed by surface and underground coal mining operations <br />unless the Division specifrcally authorizes surface or underground mining operations closer to, <br />or through such a stream upon finding: <br />The Division has approved such encroachment. See page 3 Tab 14 and page 4 Tab 21. <br />Rule 4.06 TOPSOIL <br />The applicant is in compliance with the requirements of this rule. <br />Rule 4.06.3 Storage. <br />The PAP is in compliance with this rule. There are three storage piles. See Tab 19 and Exhibit 9- <br />Rule 4.07 SEALING OF DRILLED HOLES AND UNDERGROUND OPENINGS <br />The permit is in compliance with this rule. Water monitoring wells are to be reclaimed. See page <br />23-3-16 of Attachment 23-3. <br />Rule 4.13 CONTEMPORANEOUS RECLAMATION <br />All disturbance at the site is in long-term facilities. <br />Rule 4.14 BACKFILLING AND GRADING <br />The permit calls For backfilling and grading of disturbed areas in compliance with this rule. See <br />Exhibit 18. <br />Page 32 of 38 pages, November 8, 2005 <br />