2003-10-03_GENERAL DOCUMENTS - C1981022

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C. Stream Channel Diversions The Division has approved the diversion of an intermittent stream (Elk Creek). This decision is based on a finding that the proposed diversion meets the requirements of 4.05.18 and 4.05.4, applicable local, State, and Federal statutes and regulations and that the diversion is designed to safeguard public safety and to minimize adverse impacts to the hydrologic balance (4.05.4(1) and (4)). Specifically, the following findings were made: (a) The stream channel will be reconstructed in accordance with the requirements of Rule 4.05.4 (4). (b) During and after mining, the water quantity and quality from the stream section within 100 feet of the surface coal mining operations shall not be adversely affected. (c) The reclamation plan provides for the reestablishment of appropriate ripazian vegetation. D. Sedimentation Ponds 1. Disturbed azeas in the main facilities azea and yazd aze treated by two sediment ponds, Ponds A and B. Pond D treats runoff from the disturbed azeas developed up the Elk Creek Canyon for the Elk Creek Mine. The Hubbard Creek Pond controls sediment from the Upper Hubbard Creek facilities area, and the East Yard Pond controls sediment from the east yazd of the Elk Creek facilities yard. One additional pond was approved for treatment of underground discharge from the Sanborn Creek portals and will be retained for use with the water treatment plant for the town of Somerset. Specific plans aze found within section 6 of Exhibit 2.05-E3, volume 10 of the permit document. All ponds aze designed in compliance with Rule 4.05.6. E. Acid-forming and Toxic-forming Spoil There is no evidence of acid- or toxic-forming material at this site. Impoundments Refer to Section D, Sedimentation Ponds, above. G. Surface and Ground Water Monitoring The applicant will conduct monitoring of ground water in a manner approved by the Division. The ground water monitoring plan is specified on Page 2.04- 20