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streams, and also due to the fact that no mixing of surface drainage with a discharge from underground workings will occur. The operator demonstrated that these areas would meet effluent limitations through Sedcad+ modeling that showed runoff from a 25 yeaz, 24 hour storm event would meet the effluent limitation for settleable solids (4.05.2(3)(b)(i)). B. Surface and Ground Water Monitoring Surface water monitoring sites have been established both upstream and downstream of the mine on Trout Creek. Because of problems encountered with right-to-enter immediately downstream of the mine, Sunland Mining Corp. obtained permission to use monitoring information collected by the Pittsburgh & Midway Coal Mining Company for the Edna Mine (Permit C-80-001), which is located approximately one mile downstream. The approved monitoring plan is presented on page 65.06 of the permit application. C. Transfer of Wells The Sunland Mining Corporation does not plan to transfer the monitoring well located adjacent to the Trout Creek and the reclaimed facilities pad (4.05.14 (3)). D. Discharge of Water into an Underground Mine The Apex No. 2 Mine has not discharged water into an underground working; therefore, specific findings aze not required (4.05.16 and 4.05.3(7)). E. Stream Buffer Zones The reclaimed surface mining operation is within 100 feet of a perennial stream. Sunland Mining Corp. has requested that a variance be given for the stream buffer requirement of Rule 4.05.18. Pursuant to Rule 4.05.18, the Division granted a variance from the stream buffer zone requirement for those permitted surface coal mining operations within 100 feet of Trout Creek. The Division has found that: 1. The original stream channel will not be disturbed; 2. During and after mining, water along the stream will not be adversely affected; 3. The reclamation plan provides for the establishment of riparian vegetation where appropriate; and Apex No. 2 Mine, C-81-011 14 May 5, 1993