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-16- <br />The access road to the proposed facilities area from the proposed <br />crushing facility must cross Deep Creek. The normal Deep Creek flows <br />will be conveyed under this road by means of a culvert. During periods <br />of high flow Chimney Rock Coal Company has designed an overflow weir in <br />the road to convey flows in combination with the culvert. There is <br />concern that the permissible ditch velocities used will cause some <br />erosion based upon the site soil characteristics. While this erosion has <br />not been observed elsewhere within the permit boundary the Division feels <br />that Chimney Rock Coal Company must develop an erosion control plan to be <br />implemented should excessive erosion become apparent in the ditches. <br />Therefore, the operator has committed to a plan for ditch erosion control <br />to be implemented in the event excessive erosion is observed in any <br />ditch, within 60 days of permit issuance. <br />Chimney Rock Coal Company has not provided any details on the post-mining <br />drainage both within the mine area and in the area of the permanent <br />excess overburden stockpile. In order to evaluate post-mining drainage <br />control and erosion potential, Chimney Rock will submit an acceptable <br />plan detailing post-mining establishment of drainage channels to the <br />Division. The plan will be submitted within 60 days of permit issuance. <br />The above section is in compliance. <br />