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-42- Salt Creek Mining Company has demonstrated that the waste disposal pile will be located outside of the 100-year flood plain of Munger Creek. The reach of the Munger Creek stream channel in the vicinity of the proposed waste pile will totally contain the 100-year flood (based on an analysis of measured channel cross-sections). The reclamation plan (Map 3.1-1) indicates that Salt Creek Mining Company intends to reestablish the drainage at the mine bench to approximate the pre-mining configuration. An analysis of the expected velocity of flow in the drainage indicated that velocities for the reestablished drainage are potentially very erodible for the 100-year, 24-hour storm event The post-mining topography does not differ markedly from the pre-mining topography. In the pre-mining configuration, the steepest portions of the stream channel are composed of a resistant rock ledge, which explains the stability of the natural stream channel. When the area is reclaimed, unconsolidated material will be backfilled over the original channel. The unconsolidated material would obviously be less resistant to erosion than the resistant rock ledge. Because of the high erosional velocities anticipated for the post-mining configuration, it would be advantageous to construct a permanent structure in the reach of the stream that would experience the greatest erosion. For this reason, a stipulation was attached to the initial 5-year permit (Stipulation No. 16) which required the permittee to submit a plan to the division for "the installation of a structure that would demonstrably dissipate the energy of flow in the channel such that erosion of the channel will not occur." The permittee submitted a plan proposing the use of 3.5 ft. diameter or larger stones as rip-rap in the channel to provide adequate energy dissipation and preclude erosional velocity. This plan was subsequently approved by the Division, thereby satisfying the requirements of Stipulation No. 16. Upon termination of mining, or following completion of the rail spur to the central facilities area, Salt Creek Mining Company proposes to return the Loma loadout facility to the land use which existed prior to the coal loadout operation(storage and rail loading facility). This is specified in Article 32 of the lease agreement between the applicant and the D&RGW Railroad Company (see Exhibit C-VIII, Appendix C, Volume IV of the application). All structures will be removed. Coal will be removed form the site and deposited at the McClane Mine or Munger Canyon Mine site to be covered during reclamation. The surface will be graded to a smooth condition. The operation is in compliance with the requirements of this section. XVIII. Coal Processing Waste and Non-Coal Processing Waste - Rules 2.05.3(8), Information pertaining to the proposed coal processing waste disposal area is presented in Sections 2.4 and 3.1.1 of Volume VI of the application. These materials have been reviewed by the Division for compliance with the Rules and Regulations.