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Because it is a wide area in the road, the county commonly pushes <br />snow and mud into the ditch during the winter, and blades dirt and <br />mud into the ditch during other times of the year. Positive <br />drainage below the culvert is adversely affected primarily by the <br />county not maintaining positive flow in the county road borrow <br />ditch further downstream. This inadequate drainage, combined with <br />the silt from the county road and other non-mining drainage, had <br />caused the lower end of the culvert to become plugged. HG Coal <br />Company had cleared the ditch in 1989 but until the county cleaned <br />their ditch, positive drainage could not be achieved. During the <br />week of October 28, 1990 the county cleaned a section of the ditch <br />which should improve the drainage in the area. <br />Rule 4.03.2(4)(e)(iii1: The culvert was initially constructed <br />to meet the requirements of this rule. <br />Rule 4.03.2(6)(b): This rule addresses maintenance to prevent <br />damage to adjacent resources. As previously stated we have <br />previously cleaned this section of ditch up to the County right of <br />way in order to maintain positive drainage. In our opinion non- <br />mining related sediment and a plugged county ditch have caused the <br />problems, not any negligence on the part of HG Coal Company. It is <br />again important to re-emphasize that the source of sediment is not <br />mining related. <br />It is also important to note that a culvert had been <br />historically located in this vicinity prior to mining to service <br />the agricultural operations. This culvert is not an access unique <br />only to the mining operation, therefore, it is our intention that <br />to maintain the historic agricultural access it is important for <br />the culvert to be left in place. It is our opinion that this <br />culvert pipe should be treated no differently than any of the other <br />culvert pipes associated with the county road within the permit <br />area. The culvert is not affected by any mining related influence <br />rather it is influenced by events associated with the county road <br />which essentially are beyond our control. <br />In summary, we firmly believe the facts as presented here <br />clearly indicate that the circumstances associated with this <br />culvert do not warrant an NOV in this case. If the Division <br />requires additional information regarding this matter, please <br />contact me. <br />Sincerely, <br />~ ~~ <br />mes A. Kiger <br />Senior Environmental Specialist <br />JAK/gdf <br />cc: R. G. Atkinson <br />Central Files <br />