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requirements 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 <br />riparian vegetation. <br />2. The Division has approved the diversion of an intermittent stream (Bear <br />Creek). This decision is based on a finding that the proposed diversion meets <br />the requirements of 4.05.18 and 4.05.4; applicable local, State and Federal <br />statutes and regulations; and that the diversion is designed to safeguard public <br />safety and to minimize adverse impacts to the hydrologic balance [4.05.4(1) <br />and (4)]. Specifically, the following findings were made: <br />(a) The stream channel will be reconstructed in accordance with the <br />requirements of Rule 4.05.4. <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 <br />Mountain Shrubland vegetation. <br />D. Sedimentation Ponds <br />Disturbed areas in the main facilities area and yard are treated by two sediment <br />ponds, Ponds A and B. Pond C controls sediment from the approved West <br />Valley Coal Refuse Facility. Pond D treats runoff from the disturbed areas <br />developed up the Elk Creek Canyon for the Elk Creek Mine. Pond E controls <br />sediment from the approved II West Coal Refuse Facility. The Hubbard Creek <br />Pond controls sediment from the Upper Hubbard Creek facilities area, and the <br />East Yard Pond controls sediment from the east yard of the Elk Creek facilities <br />yard. One additional pond was approved for treatment of underground <br />discharge from the Sanborn Creek portals and will be retained for use with the <br />water treatment plant for the town of Somerset. Specific plans are found within <br />section 6 of Exhibit 2.05 -E3, volume 10 of the pen document. All ponds <br />are designed in compliance with Rule 4.05.6. <br />E. Acid - forming and Toxic - forming Spoil <br />There is no evidence of acid- or toxic- forming material at this site. <br />F. Impoundments <br />19 <br />