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3. The Division proposes to exempt specific small areas from the use of <br />sediment ponds for the following reasons: each area is of limited size, ponds <br />and treatment facilities are not necessary for drainage in each area to meet the <br />effluent limitations of Rule 4.05.2 and applicable State and Federal water <br />quality standards for receiving streams, and no mixing of surface drainage <br />with a discharge from underground workings will occur. The following areas <br />are exempted: the Sylvester Gulch fan site, the lay-down area between FW-1 <br />and MB-1, the Sylvester Gulch fan site, an area located downstream from the <br />MB-5 inlet, the 1.2 million gallon water tank, the area surrounding the raw <br />water intake gallery, the Shaft 3 area, the drill pads utilized at the "thermal <br />event" area, the drillpads at methane degas boreholes, the sites of the former <br />Lone Pine substation and Lone Pine ventilation fan and associated facilities, <br />the corrals laydown/staging area, and the Deer Creek Shaft area <br />[4.05.2(3)(b)(i)]. <br />B. Diversions and Conveyance of Overland Flow <br />Sediment control ditches have been designed and constructed in compliance <br />with Rule 4.05.3. Locations are shown on Map 54, and designs can be found <br />in Exhibit 66. A summary of the designs can be found on Table 44 in Exhibit <br />66 of the permit document [4.05.3(2)]. <br />C. Stream Channel Diversions <br />The West Elk Mine does not propose any stream channel diversions; <br />therefore, this section is not applicable. <br />D. Sedimentation Ponds <br />Mountain Coal Company has constructed eight sediment ponds and one <br />freshwater pond (FW-1). The ponds have been designed, constructed and <br />maintained in accordance with the requirements of 4.05.6 and 4.05.9. The <br />location of these ponds can be found on Maps 54 and 54B. The designs of the <br />ponds can be found in Exhibit 66. The ponds are located as near as practical <br />to the disturbed area and are not located within perennial streams according to <br />4.05.6(1)(b). <br />E. Acid-forming and Toxic-forming Spoil <br />1. Underground development waste from underground workings at the West Elk <br />Mine is handled as coal mine waste and placed on the Lower Refuse Pile and <br />Refuse Pile Expansion Area. No acid-forming or toxic-forming materials are <br />present in the waste in quantities significant enough to affect groundwater <br />quality. Therefore, special handling is not required for these materials <br />[4.05.8(3)]. An Upper Refuse Disposal Area has also been approved for <br />construction, and has not been built. MCC has verbally indicated this pile will <br />25