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I. The Division proposes to grant exemptions from use of sediment ponds in two <br />small areas for the following reasons: each area is relatively small, ponds and <br />treatment facilities are not necessary for the drainage to meet the effluent <br />limitations of Rule 4.05.2 and applicable State and Federal water quality standazds <br />for receiving streams, and there will be no mixing of surface drainage with a <br />discharge from underground workings. The small areas to be exempted are: a) the <br />azea at the King Coal Mine that extends from the mine entrance gate to the east <br />pond next to the haul road, and b) the segment of the haul road at the King II <br />Mine that extends from the entrance gate to the sediment pond. (4.05.2(3)(b)(i)). <br />B. Diversions and Conveyance of Overland Flow <br />All diversions within the permit azea aze designed and constructed in accordance with <br />Rule 4.05.3. Designs aze discussed in Section 2.05.3 and in Appendices 8 and 11 in the <br />permit application. <br />C. Stream Channel Diversions <br />The Division proposes to approve the permanent diversion of an intermittent <br />stream draining less than one square mile, which flows along the north side of the <br />coal waste pile at the King Coal Mine. The Division also proposes to approve the <br />temporary diversions of two ephemeral streams at the King II Mine. One stream, <br />west of the proposed mine portal azea drains less than one squaze mile. The other <br />stream is Cochrane Canyon, located east of the proposed portal azea, and drains <br />more than one squaze mile. This decision to approve the diversions is based on a <br />finding that the proposed diversions meet the requirements of4.05.18 and 4.05.4, <br />applicable local, State, and Federal statutes and regulations and that the <br />diversions aze designed to safeguazd public safety and to minimize adverse <br />impacts to the hydrologic balance. (4.05.4(1) and (4)). <br />2. Channel lining structures, flow dissipators, and artificial channel roughness <br />structures aze proposed for use to control erosion. These means are proposed to <br />be approved by the Division since they aze necessary to control erosion, they are <br />stable and will require minimal maintenance. (4.05.4(2)(a)). <br />D. Sedimentation Ponds <br />Design criteria and specifications have previously been approved for use in the two <br />sediment ponds at the King Coal Mine. The Division proposes to approve for use <br />design criteria and specifications for a sediment pond at the King II Mine. This <br />decision is based on a thorough analytical demonstration by a qualified professional <br />engineer that the resulting sediment pond will be as environmentally sound and <br />structurally stable taking into consideration physical, climatological, and other <br />characteristics of the site. (4.05.6(11)). <br />15 <br />