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Item five in the luppa letter addressed a request for a retaining wall to be constructed at the <br />west end of the shop building (previously shown) and the east end of the prep plant concrete <br />slab (shown below). The prep plant concrete slab has been previously approved to remain <br />for storage of ranch equipment. The Iuppa's believe a retaining wall should be constructed <br />at these two locations. The shop berm has already been completed by the luppa's and <br />requires no further work. The sloughage of a small amount of soil at the prep plant slab was <br />noted although it is a minor problem that appears more of a nuisance than a failing of the <br />reclamation work. The Division committed to investigate the issue in more detail via review <br />of the permitting documentation before making any conclusion concerning this issue. The <br />two prep plant concrete slabs, water tank, and portion of the prep plant building have not <br />been included ~n any previous bond release- Therefore, these structures, approved to <br />remain. were evaluated for a Phase I/ll/lll bond release. <br />al.l 'f'~. .~_ .f y ' <br />~.~ • C '.J ... ~ <br />~ _ ~ <br />~• ~ ~ <br />.4 LY f .~ i <br />y q /. \ ~ ~ <br />~~`}~~' ~ <br />_ h:' .~ ... lr. 1 <br />r .\ ~ <br />:~• i <br />~~_ _'wi `-~`,a•a o y,R.:•- 71„' .f. ~'.l _ ~, _ 'lA~~f . .r ~ ..~ <br />sloughage at the east end of the prep plant concrete slab <br />Item six in the luppa letter concerned the recent modifications to the spillways at the <br />permanent impoundment approved to remain at the site. EFCI was in the process of raising <br />the principle spillway 2.9 feet and lowering the emergency spillway to a final elevation of one <br />foot above the final principle spillway invert elevation. These modificafions are in accordance <br />with the approved plan. It allows the luppa's additional water storage of storm water runoff <br />as compared to conditions during operations in accordance with the engineered design and <br />applicable water laws regarding retention of water for beneficial use. The Division <br />acknowledges the concerns of the landowner but believes that the modifications to the pond <br />should be completed as approved by the Division and as designed by a registered, <br />professional engineer <br />