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designed to safeguard public safety and to minimize <br />adverse impacts to the hydrologic balance. (4.05.4(1) and <br />4.05.4(4)). <br />2. Therefore, the Division proposes to approve a permanent <br />diversion. This diversion is consistent with applicable <br />state law, will not diminish downstream water rights and <br />meets the requirements of Rule 4.05.4. (4.04.4(4)). <br />With the approval of Technical Revision No. 15, as part <br />of the Mid-term Review on 12/1193, EFCI was granted <br />approval for the permanent diversion after the Division <br />reviewed the submitted engineering plans and hydrologic <br />calculations. With the submittal of plans and their <br />subsequent approval, Stipulation No. 17 was satisfied. <br />Stipulation 17 required the designs to include plan <br />views, a longitudinal profile, cross-sections and channel <br />protection details to meet the requirements of Rule <br />4.05.4(4). <br />The prior coal operator, Dorchester Coal, had diverted <br />Magpie Creek to its present channel in order to keep <br />fresh water from entering the facility area. Magpie <br />Creek was diverted by Dorchester Coal around the facility <br />area to where it is today. EFCI, as the successor <br />operator, has been granted the right to leave Magpie <br />Creek as is, with creek stabilization plans to be <br />constructed in three phases, with the first phase to be <br />initiated in 1994 and second and third phase prior to <br />final reclamation. <br />3. Channel lining structures, in the form of riprap, for <br />artificial channel roughness, are proposed for use to <br />control erosion in Magpie Creek. The Division has <br />approved the riprap because it is necessary to control <br />erosion, is stable and it will require infrequent <br />maintenance. (4.05.4(2)(a)). <br />For Magpie Creek diversion specifications, refer to <br />Exhibit 19, "Drainage and Sediment Control, of the permit <br />application. <br />4. The permanent diversion of Magpie Creek shall make use of <br />artificial structural controls with the use of rock <br />gabions or erosion mats in order to allow it to remain in <br />dynamic equilibrium with the drainage basin system. The <br />Southfield Mine Permit Renewal 03 <br />35 <br />