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calculations, have shown this. See the attached hydrologic modeling <br /> (Attachment F). <br /> The ultimate effect of installing Channel C can be predicted. The flows of water <br /> will wash through the riprap material, as previously, eroding the soil beneath. <br /> The riprap will wash away. The ditch will fail, causing further erosion of the soil <br /> beneath and refuse material as well. The difference, however, is that Mid- <br /> Continent is no longer on hand to re-construct the ditch and repair the damage. <br /> Comments re. Dozer Basins. Installation of dozer basins on the Sutey pile is <br /> unwise as the moisture retained will be absorbed into the pile. This is adverse <br /> to the stability of the pile, and is prohibited by regulation unless adequate <br /> demonstration is made as to the effect on the stability of the pile. No such <br /> demonstration has been made. <br /> 4.09 DISPOSAL OF EXCESS SPOIL. (8) The final configuration of the fill shall be <br /> suitable for postmining land uses approved in accordance with 4.16, except that <br /> no impoundments shall be allowed on the completed fill. Small depressions <br /> may be allowed by the Division if they are needed to retain moisture, minimize <br /> erosion, create and enhance wildlife habitat, or assist revegetation; and if they <br /> are compatible with stability of the fill, as demonstrated in accordance with <br /> 2.05.3(6)(b), (c) and (d). <br /> Shrub thickets are promoted is a means to provide shelter for wildlife. The Sutey <br /> site is surrounded by well established aspen and oak brush thickets, which serve <br /> that purpose already. There is no real need or benefit to shrub thickets here. <br /> Stability should be the more important consideration. <br /> II. Property Rights Issues. <br /> The Performance Standards provide for surface owner protection: <br /> Rule 4. Performance Standards. <br /> 4.01.1 Scope and Objectives <br /> (9) Conducting surface coal mining and reclamation operations to insure that <br /> society and the environment are protected from the adverse effects of such <br /> operations and that the rights of surface landowners and other persons with a <br /> legal interest in the land or appurtenances thereto are fully protected. <br /> Mid-Continent Resources is the owner of the property on which the work <br /> specified in the bid documents is to be performed. Mid-Continent Resources <br /> owns the property and/or holds the right-of-way and/or special use permits for <br /> the roads identified for use by contractors in performing the work specified in the <br /> bid documents. <br /> MCR Objections/DMG Bid <br /> Page 7 <br />