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P nnan~ ilp Iwa~ mndificatinnc(Phntn#111 <br />The plan to modify the spillway has been approved since March 2001. These final modifications to the pond <br />increase the water available for the landowner as compared to what is currently available. Raising the principle <br />spillway will result in increased water retention, which we understand is desirable to you. Modifications <br />approved also include lowering the emergency spillway to accommodate larger storm runoffoc safe passage of <br />flow in the event of plugging of the principle spillway. These plans were designed by a registered, professional <br />engineer using state-of--the-art practices and techniques, and in accordance with the Rules governing coal <br />mining. Completing only a portion of this approved plan without engineering review or modifications and <br />Division approval would not be appropriate at this time, The Division believes the plan is sound and provides <br />an additional benefit (increased water storage) beyond what is currently available while demonstrating <br />compliance with State water taws. The Division will require that EFCI complete the plan regazding fine[ pond <br />modifications as currently approved. Final inspection of these modifications will occur during a future <br />inspection prior to final bond release. <br />Pine in natural tprjng and clean wet .r charm J h lnw the n~ nd (nn hn n~ncl <br />EFCI agreed to extend the pipe in the natural spring at the east end of the pond. EFCI also agreed to clean and <br />re-shaped the clean water diversion channel below the pond near the fenceline. If possible, please verify during <br />the work that it is being done to your satisfaction prior to the contractor leaving the site. <br />If you have questions or are in need of additional information, please contact me <br />Sincer ly, <br />2JL <br />Kent A. Gorham <br />Environmental Protection Specialist II <br />Attachments <br />CC: George Patterson, EFCI <br />