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constructed and maintained in accordance with the requirements of Rule <br />4.05.6 and 4.05.9, and they have been approved as permanent structures. <br />D. Acid-forming and Toxic-forming Spoil <br />The applicant presents data and information on p. 205-32 and p. 205-65 <br />which describes the chemical characteristics of overburden and spoils which <br />were used as backfill in both the portal pit azea and the surface mine area. <br />No acid forming or toxic forming materials are present in quantities <br />significant enough to affect ground water quality. Therefore, special <br />handling is not required for these materials. <br />Grease and oil, as well as gazbage from mining operations will be <br />transported off-site and disposed of Inert non-coal wastes, disposed of in <br />the Middle Creek Portal Pit, were backfilled. The list of these materials is <br />presented in the permit application on p. 2.05-98. These materials will not <br />affect surface or ground water quality (4.05.8 (3)). <br />E. Impoundments <br />Refer to the section regazding sediment ponds (4.05.9) <br />F. Surface and Ground Water Monitoring <br />1. The applicant will conduct monitoring of ground water in a manner <br />approved by the Division. The ground water monitoring plan is specified in <br />Exhibit 15 of the application (4.05.13(1)). <br />2. The applicant will conduct monitoring of surface water in a manner <br />approved by the Division. The monitoring plan is specified at Exhibit 15 <br />of [he application (4.05.13(2)). <br />G. Transfer of Wells <br />1. No transfer of wells is proposed. All monitoring wells will be reclaimed <br />prior to bond release (4.05.14 (3)). <br />H. Discharge of Water into an Underground Mine <br />1. There will not be any discharge of water into an underground mine <br />(4.05.16(2)). <br />[. Stream Buffer Zones <br />1. The Division proposes to approve surface or underground mining activities <br />within 100 feet of Middle Creek, which is a stream with a biological <br />community below its confluence with Foidel Creek. The vaziance is <br />14 <br />