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-19- <br /> Small Area Exemptions <br /> In addition to the southwest corner of the Mine No. 4 ;lad, ••rnich was <br /> discussed previously, the applicant has requested small area exemptions <br /> From constructing sediment ponds on: 1 ) The 1ine No. 3 lower coal <br /> storage bin pad (0. 12 acres) , 2) The i1ine No. 3 upper coal storage bin ^ <br /> pad (0.08 acres) , 3) The 4). 4 lrrrir coal storage bin pad (0.44 <br /> acres) , and 4) .,line No. 1 powder magazine, Mine No. 4 powder magazine, <br /> and the Rock Tunnel powder magazine (all less than 0. 1 acres) . These <br /> areas are small and there is no mixture of surface drainage from surface <br /> area. In addition, these areas are grav42lerj and some portions are <br /> planned to be revegetated. Therefore, based upon the above discussion <br /> and pursuant to Rule 4.05.2(3) , the Division hereby grants small area <br /> exemptions from construction of sedilnenc ponds on the aforementioned <br /> areas. <br /> Stream Channel Reconstruction <br /> The applicant has reconstructed one porti.,un of the Dutch ;reek Channel <br /> and plans to reconstruct another portion. At the rock tunnel , tllo <br /> applicant will rr�locate approximately 575 feet of channel to ;maintain a <br /> 100-foot buffer zone between Dutch Creek and the rock tunnel waste rock <br /> disposal area. This diversion is planned to be permanent. it is <br /> evident, from the cross-section presented on page 25 of Appendix iI-8-5, <br /> that the reconstructed channel is capable of passing the 100-year, <br /> 24-hour peak flow. Ho.rever, in accord b Lhe <br /> nst cted ham u t be a eat a �, <br /> unmodified channel immediately upstream `he <br /> . The app leant has stated that •Then tunnel <br /> reconstruction resumes and before the waste pile approaches the Dutch <br /> Creek relocation area, designs indicating a rapacity at least equal in <br /> capacity to the unmodified channel immediately upstream and downstream <br /> from the reconstructed channel will be submitted to the Division for <br /> approval . <br /> The portion of the Dutch Creek channel which has been reconstructed, is <br /> approximately o00 feet in length directly above the confluence of Dutch <br /> Creek and Coal Creek. The reconstructed channel is trapezoidal in shape <br /> and concrete lined. In discussions with the applicant, it was determined <br /> that the reconstructed channel .rill !r' a 'per,llanent feature. The <br /> applicant originally provided no information on the sizing of the <br /> reconstructed channel in the original submission. However, the applicant <br /> subsequently submitted a plan to prove thac the reconstructed •-hannel is <br /> in compliance with Rule 4.05.4(2) (1)) . <br /> /i' 7 <br /> 'Hater :-bunts and Replacement . <br /> Inforliacion )n .Jat'`r rights 4itnin the jeer';lit a;ld ad 'ac?nt ar'�3 -an hp <br /> found on Tablas IiI-E-9 and Iii-E-1'J of 'lolu^le 5 of the application. <br /> No prgblrr;; t:oncerning ,vater r4. 1111 o lririg the ,; urs2 7f the <br /> review. :lid-� nc'n,�nt 't13S :ile ";nl;! inrl':S:riai :�dter r4Cnt i� C�S� <br /> vithin Coal 3asin. all )cher :rater rl r1Cs 1?„a .�E ' � <br />