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<br />A portion of this diversion consists of an eight foot diameter corrugated metal <br />culvert. The Division has confirmed this flow capacity with SEDCAD modelling for <br />the culvert as well as the open channel segments of the diversion. The entire length <br />of culvert and diversion was specifically requested to remain by the landowner in a <br />letter dated July 27, 1994. The Division approved the 100-year diversion for <br />permanent retention prior to Energy Fuels Mining Company transfer of the permit <br />from Sundance Coal Company in 1987. <br />Throughout the permit this culvert is designated as 675 feet long. In the submitted <br />page 350 this culvert is listed as 701 feet long. Has an additional segment been <br />added or has the length been remeasured? Please explain this discrepancy. <br />4) Clean Water Diversions 1 and 2 were approved on February 8, 1995 with Technical <br />Revision No. 15 as permanent structures. Both have been designed to pass the 100 <br />year, 24 hour event. <br />5) The landowner has requested the sediment pond remain as a permanent feature in <br />letters dated April 30, 1982 and July 27, 1994. Although the retention of the pond <br />would support the post mining land use of rangeland, Energy Fuels must make the <br />demonstrations required by Rule 4.05.9 before the Division can allow the sediment <br />pond to remain as a permanent structure. <br />Items that are proposed to remain as permanent with this revision include: <br />6) Concrete Pads located at the former wash plant location: In a letter dated March <br />16, 1994 from Mr. A. J. Iuppa and Mr. Nick Cimino, landowners of the site, this <br />structure is requested to remain for the purpose of supporting the pre- and post <br />mining rangeland use. Mr. Iuppa sent a second letter dated July 27, 1994 to further <br />affirm his desire that this structure remain. These concrete pads will be used by the <br />landowner for storage of equipment and feed for a cattle operation. <br />In accordance with Rules 2.05.5(2)(d) and 4.16, the Division finds this structure to <br />support the pre-mining and postmining land use of rangeland. <br />7) Storage Building: This structure is contiguous with the concrete pads identified in <br />item 6. This structure consists of three bays, formerly part of the wash plant, which <br />are now covered. <br />The landowner requested the retention of this structure in the two letters noted in <br />item No. 6. This structure will also be used to store feed and equipment for the <br />cattle operation, and could be used to house cattle if needed. <br />In accordance with Rule 4.16, the Division finds this structure to support the pre- and <br />postmining land use of rangeland. <br />