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SECTION B -Rule 4.03 <br />The following findings and specific approvals are required by Rule 4: <br />I. Roads <br />A. Haul Roads <br />The Division proposes to approve the retention of the haul road depicted on Map <br />No. 5-2 since it is compatible with the approved post-mining land use, and a <br />request for its retention was submitted by the landowner (4.03.1(1)(f)(i)). <br />2. The Division proposes to approve the alteration or relocation of a natural channel <br />drainageway located above Sediment Pond 2. The applicant has successfully <br />demonstrated that the natural channel drainage will not be blocked, no significant <br />damage will occur to the hydrological balance, and no adverse impacts will occur <br />to adjoining landowners (4.03.1(4)(a)(i)). <br />3. The applicant has made a demonstration, based on site specific precipitation rates, <br />percent of grade, and soil properties, that use of alternative specifications for <br />culvert sizing will not result in increased erosion. The Division therefore proposes <br />to approve the use of the altemative specifications for the culverts identified on <br />Map 5-2 (4.03.](4)(e)(vi)). <br />II. HydroloQic Balance -Rule 4.05 <br />A. Stream Channel Diversions <br />The Division proposes to approve a permanent diversion. This diversion is <br />consistent with applicable state law, will not diminish downstream water rights and <br />meets the requirements of Rule 4.05.4 (4.05.4(4)). <br />B. Acid-forming and Toxic-forming Spoil <br />The Division.proposes to approve temporary storage of acid- and toxic-forming <br />spoil or underground development waste for more than 30 days. This decision is <br />based on a finding that burial or treatment of these materials within 30 days is not <br />feasible and the delay will not result in any material risk of water pollution or other <br />environmental damage (4.05.8(3)). <br />C. Surface and Ground Water Monitoring <br />The applicant will conduct monitoring of surface water in a manner approved by <br />[he Division. The monitoring plan was submitted under 2.05.6(3)(b)(iv) and <br />IS <br />