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-16- Pursuant to Rule 4.05.10, the Division finds that: a. The original stream channel is not affected by Bear Coal Company. The river channelization is a Highway Department project, and is not associated with the proposed mining operation. b. During and after mining, the water quantity and quality from the stream section within 100 feet of the surface coal mining operations will not be adversely affected. All drainage from the disturbed area pass through a sediment pond and meet the effluent requirement of Rule 4.05 prior to discharge. Surface facilities do not impact the quantity of water supplied to the North Fork. c. The reclamation plan provides for the reestablishment of appropriate riparian vegetation (see Section XII Vegetation of this document). Additionally, the outslope of the sediment pond embankment will be stabilized by vegetation. The outslope of the sediment pond was partially disturbed with the construction of the berm in the spring of 1985. This area will be seeded in the Fall of 1985. Buffer zone signs are erected within 5 feet of the base of the pond embankment and roadway. No disturbance will occur within the established buffer zone. A 10-foot buffer has been established and marked with a fence and signs, between disturbed areas and the relocated channel. On page 4.05-8 of the application, it is stated that "no gravity discharge of water from the mining operation is anticipated". The basis for this assumption is that all existing C Seam mine workings are dry in the Bear No. 1, No. 2 Mines, and in the No. 3 portal. However, there is the potential that during mining operations, localized perched aquifers will be encountered, but as of yet none have been encountered. Rule 4.05.10 requires that surface entries and accesses to underground workings be designed to prevent or control gravity discharge of water from the mine. The application states that, "if ground water is encountered, it will be routed to an underground sump". Stipulation No. 3 to the original permit was written to control discharge from the No. 1, 2 and 3 portals. A plan submitted by Bear Coal Company was sufficient to satisfy the Stipulation. The operation is in compliance. VI. Hy~drologic Balance: Ground Water - Rules 2.04.5, 2.04.7, 2.05.3(4), 2~. .6 3 and 4.05 For a description of the ground water hydrology of the mine area an a discussion of the impacts of mining on ground water please refer to the Regional Geology and Ground Water Hydrology portion of Section IX, Probable Hydrologic Consequences and Cumulative Impact Assessment of this document.