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<br />PERMIT 79-177, MID-TERM REVIEW <br />MAY 13, 1985 <br />PAGE THREE , <br />RESPONSE: <br />CYCC is confused about the CMLRD's recommendation to submit a re- <br />vised soil stabilization plan for all future reclaimed slopes to in- <br />c]ude designed diversion ditch plans. CYCC believes that the CMLRD <br />has mistakenly applied the problems associated with rills and gul- <br />lies in Area 1 and implied that they exist across all reclaimed <br />slopes. CYCC repeatedly tried to explain in the responses to the <br />Backfilling and Grading Rules (pages 32 to 42) in our submittal of <br />February 3, 1984 entitled "Responses to the Midterm Permit Review of <br />Permit 79-177", that the problem associated with this area was due <br />to site specific conditions encountered on this site. We believe <br />that the continued insistence of the CMLRD that CYCC provide a re- <br />vised soil stabilization is evidence of the CMLRD perception that <br />this problem exists on all CYCC slopes and hence, a revised diver- <br />sion ditch installation plan and accompanying designs are needed. <br />CYCC disagrees that such a need exists and in fact believes that <br />adequate written CMLRD documentation exists which refutes the cur- <br />rent request. In fact, our submittal on page 38 references two oc- <br />casions prior to the submittal on this document wherein the CMLRD <br />made a written finding that CYCC's soil stabilization plan was sa- <br />tisfactory. These two instances were the Energy Mine No. 3 Bond <br />Release and Energy Mine No. 2, Area 6 revision concerning the con- <br />struction of sedimentation ponds. Subsequent to the concerns being <br />identified in the Midterm Permit Review letter, the CMLRD made a <br />written finding that CYCC's proposed soil stabilization plan for the <br />Energy Mine No. 3 was acceptable. These three examples of written <br />CMLRD decisions involving satisfactory stabilization of reclaimed <br />slopes at CYCC without diversion ditches are totally inconsistent <br />and contradictory to the current suggestion that the CMLRD be pro- <br />vided with detailed diversion ditch designs on all future reclaimed <br />slopes. CYCC is naturally confused at the CMLRD position regarding <br />the soil stabilization issue. <br />