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small areas to be exempted are located as follows: <br />• West Portal substation <br />• West Portal Water Tanks Area 1 <br />• West Portal Water Tanks Area 2 <br />• West Portal Core House <br />• East Portal Water Tanks <br />• West Portal Pumphouse Area <br />• Contaminated Topsoil Area <br />• Topsoil Pile #2 and Bates Portals Topsoil and Subsoil SAE <br />• East Side of the Development Waste Pile <br />• Apache Canyon Shaft Lower <br />• Apache Canyon Shaft Upper <br />• Coal Loadout <br />• West Portal Explosives Area <br />• Access Roads to SAE Areas <br />B. Stream Channel Diversions <br />1. The Division proposes to approve the diversion of a <br />perennial stream draining at least one square mile. This decision is based <br />on a finding that the proposed diversion meets the requirements of <br />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 <br />and to minimize adverse impacts to the hydrologic balance. The Middle <br />Fork of the Purgatoire River was permanently diverted in order to <br />construct the coal preparation plant (4.05.4(1) and (4)). <br />2. Channel lining structures, retention basins, and artificial <br />channel roughness structures are proposed for use to control erosion. <br />These means have been approved by the Division since they are <br />necessary to control erosion, they are stable, and will require infrequent <br />maintenance (4.05.4(2)(a)). <br />C. Surface and Groundwater Monitoring <br />1. The applicant will conduct monitoring of groundwater in a <br />manner approved by the Division. The ground water monitoring plan is <br />shown in Tables 27 and 28 on pages 2.05 -90b and 2.05 -90c of the permit <br />application. (4.05.13(1)) <br />2. The applicant will conduct monitoring of surface water in a <br />manner approved by the Division. The monitoring plan was submitted <br />under 2.05.6(3)(b)(iv) and is shown in Tables 27 and 28 on pages 2.05- <br />11 <br />