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satisfied. Stipulation 17 required the designs to <br />include plan views, longitudinal profile, cross-sections <br />an channel protection details to meet the requirements of <br />Rule 4.05.4(4). <br />Magpie Creek had been diverted to its present channel by <br />the prior coal operator, Dorchester Coal in order to <br />better site the facility area. Magpie Creek was diverted <br />by Dorchester Coal around the facility area to where it <br />is today. EFCI, as the successor operator, has been <br />granted the right to leave Magpie Creek as is, with creek <br />stabilization plans to be constructed in three phases, <br />with the first phase to be initiated in 1994 and second <br />and third phase prior to final reclamation.. <br />3. Channel lining structures in the form of rip rap for <br />artificial channel roughness, are proposed for use to <br />control erosion in Magpie Creek. These means have been <br />approved by the Division since they are necessary to <br />control erosion, are stable and 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 />Division proposes to approve the use of such structures. <br />(4.05.04(4)(b)). <br />C. Sediment Ponds <br />As described in Section III. A. above, there are a total of <br />five ponds at the mine site and two at the loadout. Ponds 1, <br />4 and 5 are used to settle sediment at the mine site, while <br />ponds L-1 and L-2 are used for same at the loadout. Ponds 2 <br />and 3 are part of a closed-loop recyclable system for water <br />storage and use in the coal processing plant. Pond 3 is a <br />fresh water storage pond, receiving water pumped from the <br />Corley well while Pond 2 is primarily used as a water <br />treatment and recyclable water source. <br />All sedimentation ponds have been designed utilizing standard <br />engineering practices to retain the run-off from a 10-year 24 <br />hour storm event. Pond design criteria can be found in <br />Exhibit 19 of the permit application. <br />From the 1993 Mid-term Review, the following stipulation was <br />added to update the pond as-builts: <br />29 <br />