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2. The Division granted an exemption from the use of sediment ponds for <br />drainage from underground mine workings as long as no mixing with <br />surface drainage will occur and as long as ponds and treatment facilities <br />aze not necessary for the drainage to meet effluent limitations of Rule <br />4.05.2 and applicable State and Federal water quality standards for <br />receiving streams (4.05.2(3)(b)(ii)). <br />B. Diversions and Conveyance of Overland Flow <br />The Division does not propose to approve a permanent diversion <br />(4.05.3(2)). <br />2. The Division approved construction of a diversion on an existing landslide <br />(4.05.3(4)). <br />C. Stream Channel Diversions <br />1. The Division does not propose to approve the diversion of an ephemeral <br />stream draining at least one (1) squaze mile, an intermittent or a perennial <br />stream (4.05.4(1) and (4)). <br />2. Channel lining stmctures, retention basins, and artificial channel <br />roughness structures aze proposed for use to control erosion. These means <br />were approved by the Division, since they aze necessary to control <br />erosion, they are stable and will require infrequent maintenance <br />(4.05.4(2)(a)). <br />D. Sediment Ponds <br />1. The Division approved aliemative design criteria or specifications for use <br />in sediment pond design and/or construction. The gob pile pond (Pond D) <br />has an embankment with slopes steeper than typical requirements. Bowie <br />Resources, LLC provided the required geotechnical stability analyses to <br />justify the implementation of steeper embankment slopes. Sediment pond <br />design details are presented in Section 2.05 and Volume III, Exhibit 8 of <br />the permit application document (4.05.6(11)). <br />E. Acid-forming and Toxic-forming Spoil <br />Based upon information provided by BRL, the Division does not <br />anticipate that any acid-forming or toxic-forming spoil will be <br />encountered during the operation of the Bowie No. 2 Mine (4.05.8(3)). <br />28 <br />