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6 the applicant has not provided right of entry information for the coal refuse disposal area, the Division cannot presently approve this portion of the operation (see Section I of this findings document). The following information is required before the Division can approve this portion of the operation. Requirement No. 2 THE APPLICANT MUST SUBMIT TO THE DIVISION DESIGNS FOR THE PERMANENT DIVERSIONS OF THE EPHEMERAL DRAINAGES ABOVE THE REFUSE EMBANKMENT, MODIFYING THE PREVIOUSLY SUBMITTED SLOPE TO MORE CLOSELY APPROXIMATE NATURAL CONDITION AND TO ENSURE PROPER DRAINAGE THROUGH THE AREA. VELOCITIES MUST BE CALCULATED FOR THIS DIVERSION WITH EROSION PREVENTION MEASURES DESIGNED AS NEEDED. THIS INFORMATION MUST BE SUBMITTED AS A REVISION TO THE APPROVED PERMIT APPLICATION. Impoundment Reclamation - Sediment Control Measures The final reclamation plan does not address containment of runoff and sediment from the upstream face of the embankment during the period of time from shutdown of mining operations to the point where the regraded upstream refuse slope meets the revegetation success criteria for removing sediment control. To ensure protection of the hydrologic balance, the following stipulation is required. Stiaulation No. 4 WITHIN SIX MONTHS OF PERMIT ISSUANCE, THE PERMITTEE MUST SUBMIT TO THE DIVISION PLANS TO CONTAIN OR CONTROL RUNOFF FROM THE UPSTREAM AREA OF THE REFUSE EMBANKMENT DURING THE FOLLOWING PHASES: 1) AFTER MINING OPERATIONS CEASE AND NO FURTHER WASTE IS BEING DEPOSITED IN THE UPSTREAM AREA OF 7HE REFUSE EMBANKMENT, THE UNDISTURBED DRAINAGE ABOVE THE WASTE WILL NEED TO BE DIVERTED AWAY FROM THE SLURRY EMBANKMENT. A METHOD OF UEWATERING THE SLURRY SHOULD ALSO BE ADDRESSED. 2) AFTER THE SLURRY HAS DEWATERED TO THE POINT WHERE REGRADING IS FEASIBLE, THE SUBSEQUENT RECLAMATION PHASE WILL REQUIRE CONTAINMENT OF RUNOFF FROM THE SLOPES OF THE REFUSE WITHIN A SEDIMENT POND. CONTROL OF RUNOFF WILL BE REQUIRED UNTIL REVEGETATION SUCCESS CRITERIA ARE MET. Sedimentation Ponds All runoff from disturbed areas will be routed through one of two sediment ponds. One sediment pond is planned to be constructed to drain the disturbed area of the surface facilities and one sediment pond is planned to be constructed to drain the disturbed area of the coal refuse impoundment. Each sediment pond is designed to contain the runoff from a 10-year 24-hour runoff event. The surface facilities sediment pond (Pond A) is designed to contain one year of accumulated sediment and the coal refuse embankment