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the failure. The side slopes of the failure were flattened with a shovel, and the area was <br /> seeded. <br /> The Facilities area, including the Huntsman Project Area were inspected for compliance <br /> with our Stormwater permit which covers this area. Repairs to the silt fence at the base <br /> of the Huntsman Project area were made. Otherwise, the area was in compliance with the <br /> permit. <br /> The Dutch Creek Diversion, constructed in the late fall of 1998 was observed. Although <br /> the spring runoff had just begun, the Diversion channel was already beginning to adjust <br /> to the increased flows. Some scouring was observed near where the Diversion <br /> intersected the Dutch Creek Channel. Aggradation was observed to be occurring near the <br /> first bend in the Diversion. Below this point, step pools had begun to form. No impact to <br /> the north side of Coal Creek, opposite the confluence of the Diversion with Coal Creek <br /> was observed. <br /> Runoff peaked by late May, with no damage noted. The Dutch Creek Diversion <br /> continued to scour at its upper end until the gradient of the upper one hundred feet or so <br /> of the Diversion matched that of the original channel immediately above the Diversion. <br /> The scoured material was deposited just below the first bend in the channel. This <br /> deposition caused the inner channel to become braided between the first and second <br /> bends, nearly causing the inner channel to overtop onto the margins of the outer channel. <br /> It appeared, but it was not measured, that the receding waters caused the braiding to <br /> slightly incise, maintaining the integrity of the inner channel. <br /> Some thought was given to excavating the braided portion of the channel in the fall of <br /> 1999. Discussions with the designer indicated that the Diversion may clean itself of <br /> excess materials as sufficient flow events occur. Therefore, no maintenance steps were <br /> taken. However, the Diversion will be closely monitored. This monitoring will be <br /> facilitated as permanent cross section survey points were established in July, 1999. <br /> These points will be revisited and the Diversion cross section measured on a periodic <br /> basis in order to record the dynamics of the system. <br /> During the late spring and early summer, negotiations were completed which settled the <br /> lawsuit filed in 1997 by Mid-Continent Resources. The settlement required Mid- <br /> Continent to provide the reclamation funding which they had been withholding from the <br /> Division. This was done by late June, 1999. The agreement also required the Division to <br /> overlap the sediment ponds at the site with a Stormwater permit. All ponds, excepting <br /> those which handle mine water discharges (016, specifically) are covered by our permit. <br /> This permit was applied for in August, and was approved by Water Quality Control in <br /> October. The permit specifically applies to reclamation construction activities, and is not <br /> construed to be a point source discharge permit. Our Stormwater permit will allow Water <br /> Quality Control Division to terminate the NPDES permit held by Mid-Continent for these <br /> ponds. Having the NPDES permit eliminated from the ponds where we will perform <br /> reclamation in 2000 eases our concerns of having any point source liability. Two ponds <br /> were affected by our construction work in 1999; the 001 and 009 ponds. <br /> 3 <br />