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to be diverted back through the pond locations which would approximate these drainages original <br />configuration. However, during the review process and after meeting with a representative from the U S Corp <br />of Engineers it was recommended that Coal Canyon drainage and Coal Gulch remain in their current <br />configurations. These drainages are stable in their current position and according to Corp of Engineers <br />personnel realignment for the sake of routing the drainage back to its original contours would not be a <br />justifiable reason for issuing a Corp Permit. The Division concurs with not re- disturbing the current alignment <br />of Coal Canyon and Coal Gulch and is proposing to approve PR -5 leaving these drainages in their present <br />alignment and configuration. To date there have been no other comments or objections by any other state or <br />federal agencies notified of this proposal. <br />Several permanent ephemeral drainage channels were approved to be constructed across the North Portal <br />facility reclaimed area in association with removal of the temporary upland diversion and Sediment Pond 13. <br />In PR -5, SCC is also proposing that the upland diversion (West Diversion Ditch and East Diversion Ditch), <br />with slight modifications, remain as permanent features as depicted on Exhibit 8C of the permit application. <br />Land owner consent has been obtained and is presented as Appendix pages A14 -5 -42 and A14 -5 -43. <br />Retention of the upland diversion will result in a modified design requiring fewer constructed ephemeral <br />drainages across the North Portal reclaimed area. This will reduce the amount of additional disturbance of the <br />already stable and vegetated site. Upon approval of PR -5, Pond 13 will be backfilled. The small berms <br />running along Coal Creek and ditch D10, as depicted on Exhibit 8C, are stable and well vegetated and will <br />remain intact as permanent features thus further reducing the unnecessary redisturbance of the North Portal <br />facility reclaimed areas. <br />Permit Revision No. 5 14 July 10, 2012 <br />