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<br />The permanent diversion of the ephemeral drainages located above <br />the refuse embankment has been designed with a slope of .001, or <br />.8 inches of drop per 100 linear feet. A slope this low will not <br />ensure proper drainage and will likely require high maintenance <br />to clean the channel of sediment deposition. The Division does <br />not feel this slope meets the requirement of Rule 4.05.4(4) to <br />construct the permanent diversion with a stable longitudinal <br />profile. Since the applicant has not provided right of entry <br />information for the coal refuse disposal area, the Division <br />cannot presently approve this portion of the operation (see <br />Section I of this findings document. The following information <br />is required before the Division can approve this portion of the <br />operation. <br />Requirement No. 2 <br />THE APPLICANT MUST SUBMIT TO THE DIVISION DESIGNS FOR THE <br />PERMANENT DIVERSIONS OF THE EPHEMERAL DRAINAGES ABOVE THE <br />REFUSE EMBANKMENT, MODIFYING THE PREVIOUSLY SUBMITTED SLOPE <br />TO MORE CLOSELY APPROXIMATE NATURAL CONDITION AND TO ENSURE <br />PROPER DRAINAGE THROUGH THE AREA. VELOCITIES MUST BE <br />CALCULATED FOR THIS DIVERSION WITH EROSION PREVENTION <br />MEASURES DESIGNED AS NEEDED. THIS INFORMATION MUST BE <br />SUBMITTED AS A REVISION TO THE APPROVED PERMIT APPLICATION." <br />SKbl Response: <br />Storm King Mines will submit to the Division designs for the <br />diversions of the ephemeral drainage above the refuse embankment <br />as part of Phase "B" permitting. This revision to the approved <br />permit application will become an insert to the permit <br />application documents at that time. <br />MLR Comment: <br />"Impoundment Reclamation - Sediment Control Meas <br />The final reclamation plan does not address containment of runoff <br />and sediment from the upstream face of the embankment during the <br />period of time from shutdown of mining operations to the point <br />where the regraded upstream refuse slope meets the revegetation <br />success criteria for removing sediment control. To ensure <br />protection of the hydrologic balance, the following stipulation <br />is required. <br />i <br />WITHIN SIX MONTHS OF PERMIT ISSUANCE, THE PERMITTEE MUST <br />SUBMIT TO THE DIVISION PLANS TO CONTAIN OR CONTROL RUNOFF <br />