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C-1981-022 <br />RN-05 Findings <br />February 2009 <br />facilities are not necessary for the drainage from these areas to meet the effluent <br />limitations of Rule 4.05.2 and applicable State and Federal water quality standards <br />for receiving streams, and also due to the fact that no mixing of surface drainage <br />with a discharge from underground workings will occur. The small areas to be <br />exempted are detailed in Exhibit 2.05-3 (vol. 10). The lower Hubbard Creek small <br />area exemption can be found on drawing #8-3351R in Exhibit 2.05-1 (Vol. 9). <br />The Bear Creek Fansite small area exemptions can be found on Drawing No. 2.05- <br />E 1-BCA-2 (Vol. 9). <br />B. Diversions and Conveyance of Overland Flow <br />1. Specific drainage control plans are presented on pages 2.05-34 to 38. Ditch <br />locations are shown on Map 2.05-M4 (sheets 1 through 6, Vol. 3). <br />C. Stream Channel Diversions <br />The Division has approved the diversion of an intermittent stream (Elk Creek). <br />This decision is based on a finding that the proposed diversion meets the <br />requirements of 4.05.18 and 4.05.4, applicable local, State, and Federal statutes and <br />regulations and that the diversion is designed to safeguard public safety and to <br />minimize adverse impacts to the hydrologic balance (4.05.4(1) and (4)). <br />Specifically, the following findings were made: <br />(a) The stream channel will be reconstructed in accordance with the requirements <br />of Rule 4.05.4 (4). <br />(b) During and after mining, the water quantity and quality from the stream <br />section within 100 feet of the surface coal mining operations shall not be <br />adversely affected. <br />(c) The reclamation plan provides for the reestablishment of appropriate riparian <br />vegetation. <br />2. The Division has approved the diversion of an intermittent stream (Bear Creek). <br />This decision is based on a finding that the proposed diversion meets the <br />requirements of 4.05.18 and 4.05.4; applicable local, State and Federal statutes and <br />regulations; and that the diversion is designed to safeguard public safety and to <br />minimize adverse impacts to the hydrologic balance [4.05.4(1) and (4)]. <br />Specifically, the following findings were made: <br />(a) The stream channel will be reconstructed in accordance with the requirements <br />of Rule 4.05.4. <br />20