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<br /> <br />-56- <br />waste material will be disposed of above the observed static water <br />table. Use of the unreclaimed pit for waste disposal will avoid the <br />creation of anew disturbance in the future. Map No. 4b shows the <br />location of the waste disposal site and cross-sections are on Map No. llb. <br />Area 2 of the unreclaimed Energy No. 1 pit will be used as detention <br />basin to allow surface run-off to settle out sediment. There is no <br />outlet from the pit other than a pump station. The water detained in the <br />pit will pumped to the spillway of Pond D as discussed in Section XVII, C <br />of this document. <br />This section is in compliance with the requirements of Rules 2.06.7 and <br />4.22. The Division approves the request for variance from delay in <br />contemporaneous reclamation. <br />B. Coal Processing Plant and Support Facilities Not Located Within the <br />Permit Area. <br />The applicant is proposing to haul coal from the proposed Foidel Creek <br />Mine to the coal loading facilities at the The Energy Mine No. 3. This <br />tipple facility is included and described within Permit No. 76-16. <br />XXII. <br />No problems were identified with respect to the requirements of any of <br />these sections during the review. Based on information provided in <br />Volume I of the application, the proposed operation is in compliance with <br />the requirements of this section. <br />XXIII. Uperations on Lands Subject to Limitations or Prohibitions <br />Rules 2.03.7 and 2.10 <br />The proposed~peratio~-~~~in compliance with the requirements of these <br />sections nd 2.07 6~2)~(~ Because the permit area is not: <br />a. i in a area designated unsuitable for surface and mining <br />operations; <br />b. Within an area under study for designation as unsuitable for <br />surface coal mining operations; <br />c. Un any lands subject to prohibitions or limitations; <br />d. Within 100 feet of the outside right-of-way line of any public <br />road; and <br />e. Within 300 feet of an occupied dwelling. <br />The operation is in compliance with the requirements of this section. <br />