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Small Area Exemptions <br /> In addition to the southwest corner of the Mine No. 4 pad, -thich was <br /> discussed previously, the applicant has requested small area exemptions <br /> From constructing sediment ponds on: 1 ) The :Mine No. 3 lower coal � <br /> storage bin pad (0.12 acres) , 2) The i'line No. 3 upper coal storage bin <br /> pad (0.08 acres) , 3) The %ling �Jo- 4 lfrrir coal storage bin pad (0.44 <br /> acres) , and 4) �,Iine 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 graveled and some portions are <br /> planned to be revegetated. Therefore, based upon the above disc:fission <br /> and pursuant to Rule 4.05.2(3) , the Division hereby grants small area <br /> exemptions from construction of sediment ponds on the aforementioned <br /> areas. <br /> Stream Channel Reconstruction <br /> The applicant has reconstructed one portion of the Dutch ;reek Channel <br /> and plans to reconstruct another portion. At the rock tunnel , th:l <br /> applicant will relocate 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 26 of Appandix II-6-5, <br /> that the reconstructed channel is capable of passing the 100-year, <br /> 24-hour peak flow. However in accor <br /> n t cted han t be a e athe <br /> unmodified channel immediately upstream `he <br /> he app scant nas stated that when tunnel <br /> reconstruction resumes and before the waste pile approaches the Dutch <br /> Creek relocation area, designs indicating a capacity 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 'ai l l h,! a permanent feature. The <br /> applicant originally provided no information on the sizing of ;.he <br /> reconstructed channel in the original submission. However, the applicant <br /> subsequently submitted a plan to prove that the reconstructed channel is <br /> in compliance with Rule 4.05.4(2) (b) . <br /> I u c e c ald t`f roir�G,l �-,�G <br /> Water kiyhts and Reolacement <br /> Infornatioo �)n water rights witinin the peroit and adjacent aroma :an be <br /> found on Tables III-t-9 and III -1'J of 7olume 5 of the application. <br /> No problem; concerning ',Pater ri jhrs ^i!r? 'iot4d during the course of the <br /> review. Hid-Continent nas .he only inwistrial 'water rignt ( 7.15 c=s) <br /> within Coal Basin. all ether water ri,rhLs rave brae.l fil �,j For irrijation <br /> or stack wate-inQ <br />