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C. Stream Channel Diversions <br />The Division has approved the diversion of an intermittent stream (Elk Creek). <br />This decision is based on a finding that the proposed diversion meets the <br />requirements of 4.05,18 and 4.05.4, applicable local, State, and Federal statutes <br />and regulations and that the diversion is designed to safeguard public safety and <br />to minimize adverse impacts to the hydrologic balance (4.05.4(1) and (4)). <br />Specifically, the following fmdings were made: <br />(a) The stream channel will be reconstructed in accordance with the <br />requirements of Rule 4.05.4 (4). <br />(b) During and after mining, the water quantity and quality from the <br />stream section within 100 feet of the surface coal mining operations shall not <br />be adversely affected. <br />(c) The reclamation plan provides for the reestablishment of appropriate <br />riparian vegetation. <br />D. Sedimentation Ponds <br />Disturbed areas in the main facilities area and yazd are treated by two sediment <br />ponds, Ponds A and B. Pond D treats runoff from the disturbed azeas <br />developed up the Elk Creek Canyon for the Elk Creek Mine. The Hubbazd <br />Creek Pond controls sediment from the Upper Hubbard Creek facilities azea, <br />and the East Yard Pond controls sediment from the east yard of the Elk Creek <br />facilities yazd. One additional pond is approved for treatment of underground <br />discharge from the Sanborn Creek portals. Specific plans aze found within <br />section 6 of Exhibit 2.05-E3, volume 10 of the permit document. All ponds <br />aze designed in compliance with Rule 4.05.6. <br />E. Acid-forming and Toxic-forming Spoil <br />There is no evidence of acid- or toxic-forming material at this site. <br />F. Impoundments <br />Refer to Section D, Sedimentation Ponds, above. <br />G. Surface and Ground Water Monitoring `~ <br />The applicant will conduct monitoring of ground water in a manner approved <br />by the Division. The ground water monitoring plan is specified on <br />Page 2.04-41of the permit document (4.05.13(1)). <br />19 <br />