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portion of the channel shows no down-cutting or erosion and is vegetated similar to the reclaimed area. The <br />Division believes that modifications to the 700 feet of channel below the culvert would not appreciably change <br />the amount of sediment deposited in the outlet of the eight-foot culvert and furthermore, additional disturbance <br />would increase the sediment load downstream as a result of mine activities. Close inspection of the silt <br />deposited in the end of the culvert indicates mostly pebble size and smaller material with an occasional larger <br />particle, indicating relatively slow flow velocities that are not capable of transporting large particles. Some <br />sedimentation in the end of the culvert is expected and is likely transient, with sediment constantly moving <br />downstream due to natural erosional processes. Unless the hydrologic conditions in the watershed above the <br />mine are altered drastically by man or nature, there is no reason to believe that a threat to persons or property <br />exist due to the small amount of sediment in the outlet end of this culvert. Given all these factors, the Division <br />does not believe that modifications or maintenance to the channel below the eight-foot culvert, or the culvert <br />itself, are warcanted. <br />t 00-r r ditch ahnve refi~se highwall and chnp~Phninc 5,6,7 and Rl <br />The 100-year ditch is the responsibility of the mine to maintain until final bond release. As we understand it, <br />due to siltation from the undisturbed area above and possibly damage to the ditch berm, flow exited the ditch <br />and flowed down the slope to the door of the shop building. This flow was contained within the mine <br />disturbance and ultimately entered the sediment pond rather than the permanent diversion. However, as we <br />discussed during the bond release field inspection, this ditch is the responsibility of EFCI to maintain. The <br />portion where the breach occurced had been repaired prior to the bond release inspection. However, a few other <br />areas where the channel is armored with gabion baskets will require further attention. The Division will ensure <br />that this work is completed prior to final bond release. <br />13 taini wall¢ at short door and n, ren nTlant (Photos q Rc 101 <br />Field inspection indicated that you had constructed the retaining wall at the shop door and nothing further is <br />required. The other azea where a retaining wall is desired is at the east end of the prep plant concrete slab and <br />structure. At this location, some sloughage from the hillside adjacent has resulted in soils on a small portion of <br />the concrete slab. Structures at both of these locations are approved as permanent as requested by the <br />landowner in letters included in Addendum E ofthe permit application. Specific to the retention ofthe concrete <br />slabs at the prep plant is the attached letter to Mr. Randy Acre of EFCI dated March 16, 1994. The pertinent <br />portion of the letter reads as follows; <br />Dear Mr. Acre <br />It is our desire that the existing structures listed below, located at the Raton Creek Mine, be retained for our <br />use in conjunction with the anticipated future site activities. We understand that as surface owners, retention <br />of these facilities will impose upon us both the responsibility of ownership, and all rights for use, maintenance <br />and disposition of the facilities. We desire to retain the following facilities for anticipated future uses as noted.' <br />Preparation Plant Pad (two levels) <br />Intended to be used as storage area for hay and ranch equipment. Will probably build walls and roofs <br />to protect stored materials. <br />The letter is signed by owners Albert and Marilyn luppa and Nick Cimino. The Division notes the <br />unambiguous statement of the intention of the surface owners to construct walls and roofs at the prep plant. <br />Based on the approved reclamation plan, land-use, and the permit documents that include Addendum E, the <br />Division will not require that EFCI construct a retaining wall at the east end of the prep plant concrete slab. <br />Any wall or barriers constructed would be the option of EFC[. <br />