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mine bench with the county road system (Delta County Road 4405 Drive), and can <br />be found in Exhibit A in the permit application. The plan, profile and cross sections <br />of this road can be found in Exhibit U. The haul road was constructed prior to the <br />effective date of the Act and was not designed to meet the specific requirements of <br />Rule 4.03. <br />Design and construction information presented by Blue Ribbon Coal Company has <br />shown the haul road was primarily incompliance with the criteria of Rule 4.03.1(3). <br />The only area in which the haul road was not in compliance with the specific <br />requirements of Rule 4.03.1(3), was the excessive slope of the road cut, Rule <br />4.03.1(3)(c)(i). <br />Blue Ribbon Coal Company provided a geotechnical analysis performed by Rocky <br />Mountain Geotechnical which indicates a variable static safety factor dependent upon <br />the depth of colluvium in the cut face. This certified report indicates that road cuts <br />along the haul road are moderately stable to very stable wherever excavations <br />penetrate a thickness of not more than 10.5 feet of colluvial soil. Rocky Mountain <br />Geotechnical, after further review, determined that colluvium in excess of 10.5 feet in <br />thickness exists between stations 6+00 and 10+00. In fact, two landslide features <br />were observed adjoining the access road within that segment. It had been observed <br />that these landslide features appeared to have progressed upslope to their expected <br />maximum extent. It was determined, and the Division agreed, that any attempt to <br />treat the slopes would worsen the existing conditions. <br />The commitment to provide immediate removal of any mass-wasting debris and the <br />fact that all surface drainage below the haul road is treated by the sediment control <br />system satisfies the environmental protection requirements of Rule 4.03.1(c)(i). Blue <br />Ribbon Coal Company did provide appropriate signage to ensure prevention of <br />"harm to the public health and safety" as required by Rule 4.03.1(3)(c)(i). <br />2. The haul road was reclaimed by the operator in 1986. The road was reclaimed using <br />material cast over the side during its construction. <br />3. The Hubbard Creek crossing, provided for the haul road, was installed in 1980. The <br />calculations of Hubbard Creek show the 9.5 ft diameter of the culvert will pass the <br />10-year, 24-hour storm event of 838 cfs but not the 20-year, 24-hour event of 1675 <br />cfs. The culvert is sized for 1149 cfs, therefore being 526 cfs under designed. Prior to <br />the spring runoff in 1985, the operator designed and installed a dip section over the <br />existing culvert. This dip section will safely pass the additional requirement of 526 <br />cfs. For more information regarding the creek crossing see Section 2.5.3(4) and <br />Appendix C in the permit application. <br />4. The original reclamation plan required that the Hubbard Creek culvert crossing <br />would be reclaimed once Pond No. 5 was no longer necessary and was removed. <br />However, Oxbow Mining LLC, the fee surface owner, requested that the crossing be <br />left intact. Oxbow's letter, dated June 29, 2005, is located in Appendix G ofthe Blue <br />Ribbon Mine permit application. The liability of the culvert crossing was transferred <br />to Oxbow's Elk Creek Mine. <br />13 <br />