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Rule 4.05.9(17) All impoundments shall be examined at least quarterly, by a qualified person <br />designated by the operator, for appearance of structural weakness and other hazardous conditions. <br />The reports shall be retained at or near the mine site, and a copy of the report shall be submitted to <br />the Division on a quarterly basis, or other approved submittal frequency. <br />The reports include such information. They aze submitted to the Division quarterly. Copies aze <br />included in the report. <br />Rule 4.05.12 Protection of Ground Water Recharge Capacity. <br />Surface coal mining operations shall be conducted in a manner that facilitates reclamation <br />which will restore approximate premining recharge capacity, through restoration of the <br />capability of the reclaimed areas as a whole, excluding coal processing waste and underground <br />development waste disposal areas and fills, to transmit water to the ground water system. The <br />recharge capacity shall be restored to a condition which: <br />Information in the AHR indicates compliance with this rule. This is a coal transfer operation. <br />Disturbance to the surface is superficial. There are no underground workings. The surface is to be <br />restored to near original cotours. <br />Rule 4.05.12(1) Supports the approved postmining land use; <br />The restored recharge capacity supports the approved postmining land use. There is no indication <br />that surface runoff is different from pre-activity quantities. Moisture that infiltrates the ground <br />will combine with area groundwater, or migrate to Dry Creek, as before. The surficial materials <br />overlie (impermeable) Lewis Shale. <br />Rule 4.05.12(2) Minimizes disturbances to the prevailing hydrologic balance in the permit area <br />and in adjacent areas; and <br />As analyzed below, disturbance to the prevailing hydrologic balance in the permit azea and in <br />adjacent areas has been minimized. Sediment ponds are small with little retention volume. <br />Rule 4.05.11(2) Pits, cuts, and other mine excavation or disturbances shall be located, designed, <br />constructed, and utilized to control the effect of mine drainage, in such a manner as to prevent or <br />control discharge of acid, toxic, or otherwise harmful mine drainage waters into ground water <br />systems and to prevent adverse impacts on such ground water systems or on approved postmining <br />land uses. <br />There are no pits or mine excavations. Original hill slopes have been cut and leveled for the site <br />and for rail lines. Surface disturbances are shallow and confined to neaz-surface deposits. <br />Disturbances meet the requirements of this rule. <br />Rule 4.05.12(3) Provides a rate of recharge that approximates the premining recharge rate. <br />Page 4 of 7 pages, 2005 AHR Review, April 14, 2006 <br />