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It is the Division's understanding that you have taken care of <br />the problem in the section of roadway where the springs were <br />causing the road to be muddy. The Division believes that the <br />spring activity in this area may or may not be related to <br />mining by MCC and is typical of the area, especially due to <br />the wet spring. A final opinion will be rendered following <br />the aerial investigation. <br />It is our understanding that the problem in the section of <br />road where four culverts have been installed is with the upper <br />culvert. The culvert is partially blocked. There was also <br />some concern regarding the grade of the road. It is my <br />recollection from the inspection on August 29th, that MCC <br />committed to fix this culvert, as the problem is a result of <br />their work. Please be aware that since these culverts are not <br />related to a disturbance associated with mining, DMG cannot <br />require MCC to continually maintain the culverts. We <br />recommend that you continue to work with MCC and we are <br />encouraging MCC to continue to work with you. <br />It is also my recollection from the inspection of August 29th, <br />that MCC committed to fix the Swale located on the road above <br />the Lone Pine waste pile. It appeared that material taken out <br />of the Swale was placed on the uphill side of the Swale. We <br />determined that the Swale needed to be more gentle and to fix <br />the problem MCC would regrade this portion of the road to <br />remove the excess material. As this Swale across the road is <br />required as part of the drainage plan associated with the Lone <br />Pine development waste pile, MCC is required to maintain the <br />Swale in compliance with the design in the permit. <br />2. The Division is aware of your concern regarding the location <br />of the underground development waste pile. To the best of our <br />knowledge the pile location was permitted in full compliance <br />with applicable legal access requirements. The Division must <br />assume that the agreement dated May 13, 1994 is valid, in the <br />absence of legal rulings to the contrary. Please understand <br />that this underground development waste pile is regulated <br />under the Coal Act and associated Rules and Regulations. MCC <br />has designed the pile to ensure that it will be stable and to <br />minimize the impacts to the hydrologic balance. The pile is <br />scheduled to be reclaimed by the end of the fall this year. <br />3. See #'1 in regards to the Lone Pine road. <br />4. The spring which you brought to our attention in 1993, was not <br />visited during my inspection on August 28, 1995, nor did we <br />discuss the spring. It is the Division's understanding that, <br />based upon your letter dated May 13, 1994 and the Division's <br />letter dated July 5, 1995, this issue was previously resolved. <br />MCC is monitoring the spring and has included the location of <br />the old cabins on their inventory of structures. At this time <br />the Division is unclear as to what the concern is regarding <br />the spring. Previously, you were concerned that the spring <br />