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-52- <br />C. Ponds, Impoundments, and Diversions <br />The drainage and sediment control system at the mine and loadout were reviewed <br />for compliance with Rules 2.05.3(4) and 4.05. <br />A variance was granted from the requirements of Rule 4.05.2 in accordance with <br />Rule 4.05.2(3). The variance grants an exemption from passing disturbed <br />drainage through a sediment pond prior to discharge. The "small area <br />exemption" was granted for the fan level bench and explosives area above the <br />portal area. This area contains an intake airshaft, fan, and topsoil <br />stockpile. Since the site was small, level, experiences only minor use, and <br />has been reseeded, the variance was granted. Construction of a pond on this <br />bench would be difficult because of the small area involved. <br />The operation is found to be in compliance with the requirements of this <br />section. <br />A small area exemption was also granted in accordance with Rule 4.05.2(3) for <br />the fill outslopes at the new West Mine Portal Mine. The operator has <br />demonstrated that construction of a sediment pond to control drainage from <br />these areas during construction and mine operation is infeasible. Alternative <br />sediment control, measures will be taken which will include, proper sequencing <br />of topsoil salvage and placement during construction, immediate seeding and <br />mulching of the top soiled fill outslopes, placing erosion control netting over <br />the mulched outslopes, and the placement of erosion control mats and silt <br />fencing in stategic locations. These measures will be implemented during the <br />construction and operation phase to control runoff from these areas which <br />total 3.3 acres. A monitoring program will be used to ensure that site <br />discharge effluent limitations will be met and that surface erosion will be <br />kept at a minimum. During the reclamation phase sediment control soil dikes <br />and other necessary ponding structures will be installed to control runoff. <br />XVI. EXPLOSIVES (2.05.3(6)) <br />The Orchard Valley Mine is an existing underground operation. No surface <br />blasting occurs. Therefore, this section does not apply to this operation. <br />The operation is in compliance. <br />XVII. BACKFILLING AND GRADING (2.05.3(3)(b), 2.05.3(9), 2.05.4(2)(a), <br />CWI's application fora permit for the Orchard Valley Mine proposes a <br />reclaimed final configuration for the surface facilities areas of the mine <br />which consists of a partial backfilling scheme. In the preliminary adequacy <br />review of the original permit application, the Division stated that it <br />considered their proposal to be inadequately supported within the <br />application. Further, the Division required the applicant to complete an <br />appropriate geotechnical and stability analysis to demonstrate that the <br />proposed final configuration would be stable and would satisfy the <br />requirements of Rule 4.14 and 4.27, "Operations on Steep Slopes". The results <br />of the analyses would then be utilized by the applicant to prepare a detailed <br />engineering design which conforms with the above enumerated regulations. <br />