1986-12-11_PERMIT FILE - C1981017

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-20- The applicant did not propose a surface water monitoring program for the new refuse pile area, therefore, a stipulation is necessary. Spring Creek will be diverted into Sutey Creek during construction of the refuse pile. The Disney Creek Channel witl not be changed. Stipulation No. 3 THE PERMITTEE MUST MONITOR WATER QUANTITY AND QUALITY IN DISNEY CREEK AND SUTEY CREEK ABOVE THEIR RESPECTIVE CONFLUENCES WITH COAL CREEK. WATER QUANTITY MONITORING MUST BE SUFFICIENT TO DIFFERENTIATE SEASONAL FLUCTUATIONS. WATER QUALITY MONITORING MUST BE DONE ON A QUARTERLY BASIS WITH ANALYSIS FOR THE SAME PARAMETERS AS REQUIRED FOR BEAR CREEK, DUTCH CREEK AND COAL CREEK. In addition to the three sampling sites on the streams in Coal Basin, the applicant samples discharge from each of the mines plus discharge from the sediment ponds. There are 20 discharge points which are sampled in compliance with the National Pollutant Discharge Elimination System (NPDES) effluent requirements. The list of sampling locations is presented on pages 18 and 19 of Chapter IV of the application. Stream Buffer Zones There are several areas at the Coal Basin mines where disturbance is less than 100 feet from a perennial stream: 1) the disturbance at the preparations plant is less than 100 feet from both Dutch Creek and Coal Creek; 2) the existing rock tunnel disturbance and portions of haul roads A, B, and 0 are less than 100 feet from Dutch Creek; and 3) the sediment pond at the new refuse pile are within 100 feet of Coal Creek. With the exception of the disturbance at the rock tunnel and at the new refuse pile all of the disturbance within 100 feet of Dutch Creek and Coal Creek was in place prior to the enactment of the Surface Coal Mining and Reclamation Act. Based on the following findings, the Division approves a variance from the 100-foot buffer zone requirement. Pursuant to Rule 4.05.18, the Division finds that: 1) The original stream channel will be restored. The original stream channel will not be affected, with the exception of the Dutch Creek channel reconstruction near the preparations plant which is a permanent feature. 2) During and after mining, the water quantity and quality from the stream section within 100 feet of the surface coal mining operations will not be adversely affected. The runoff from the disturbed area at the preparations plant, new refuse pile, and rock tunnel is treated, then released. The haul roads will not adversely affect quantity and quality of water in the streams, as discussed in Section VII of this document.