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C- 1981 -022 <br />PR -7 Findings <br />October 4, 2012 <br />lower Hubbard Creek small area exemption can be found on drawing #8 -3351R <br />in Exhibit 2.05 -1 (Vol. 9). The Bear Creek Fansite small area exemptions can <br />be found on Drawing No. 2.05- E1 -BCA -2 (Vol. 9). <br />B. Diversions and Conveyance of Overland Flow <br />Specific drainage control plans are presented on pages 2.05 -34 to 38. Ditch <br />locations are shown on Map 2.05 -M4 (sheets 1 through 6, Vol. 3). <br />C. Stream Channel Diversions <br />The Division has approved the diversion of an intermittent stream (Elk Creek). <br />This decision is based on a finding that the proposed diversion meets the <br />requirements of 4.05.18 and 4.05.4, applicable local, State, and Federal statutes <br />and regulations and that the diversion is designed to safeguard public safety and <br />to minimize adverse impacts to the hydrologic balance (4.05.4(1) and (4)). <br />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 (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 />21 <br />