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-15- Ponds, Impoundments and Diversions Information on ponds and diversions can be found in Section 2.05, Exhibit lOR2 and Maps 11R2 and 12R2 of the permit revision application. Chimney Rock Coal Company will control runoff in and around the site through the use of ditches and ponds. Two ponds will treat all disturbed area runoff. Ponds 006 and 007 have been designed in accordance with all applicable regulations. The ponds are part excavation and part embankment. The material excavated is suitable for use in the embankment. A material balance presented in the permit shows the combined material to be excavated to build embankments. Staff gages will be installed in these ponds and will mark the clean-out level. The toe of Pond 006 lies within the flood plain of the Deep Creek 10 year 24 hour storm. The toe of this pond is at elevation 6,480 feet while the high water elevation for Deep Creek in this area, caused by backup of the Highway 151 culvert downstream, is elevation 6,486.1 feet. Protection will be necessary to this high water elevation (6,486.1 feet) to ensure the integrity of the Pond 006 embankment. Given this, the operator will submit and have approved by the Division a plan for protection of Pond 006 embankment to elevation 6486.1 feet, prior to construction. In order to ensure periodic maintenance checks are made of the ponds, the regulations require that quarterly pond inspections be conducted. To ensure that the Division receives the results of this monitoring the permittee will submit quarterly pond inspection reports for each pond detailing the results of a pond inspection by qualified personnel. Chimney Rock Coal Company has not obtained NPDES permits for discharges from the two ponds. These are necessary prior to any pond discharges, therefore, prior to pond construction NPDES permits will be obtained by the operator and submitted to the Division for each pond. All ditches and culverts have been designed in accordance with the applicable regulations. Several are worthy of special note. Drainage from the proposed facilities area (3.16 acres) on the west side of Deep Creek is routed to Ditch 5C. Both ponds are located on the east side of Deep Creek and flows in Ditch 5C would have to cross Deep Creek to enter the ponds. In addition, there is no room on the west side of Deep Creek for pond construction. Chimney Rock Coal Company designed Ditch 5C to contain all runoff from a 10 year 24 hour storm and requested a small area exemption for the facilities area. The Division feels the proposed design containment ditch is adequate and hereby grants the request for a small area exemption.