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Page 4 of 5 <br />through containment area No. 1 and therefore, the flow path was left unchanged. However, a <br />culvert directing flow to D31 is a logical point of discharge to the river of the undisturbed <br />runoff. Therefore, please see new culvert 23 location on Map 14. The flow used to size the <br />culvert is based on the peak flow of D28 which is 18.27 cfs, therefore, a 30" culvert will be <br />required as previously specified. <br />Culvert 23 was previously used under the access road to the soil stockpile area. Since the <br />configuration has changed, C23 is no longer needed so the culvert naive will be re -used for the <br />purposes described above. <br />Division: Response is sufficient. <br />11. There appear to be errors on Map 14 West Portal Sediment and Surface Water Control Plan <br />regarding ditches D34a and D34b. Should these ditches be extended west to the road <br />intersections north of the West Portal Fan? Please provide an updated map correcting these <br />ditches or an explanation regarding their locations and why ditch D34b would connect to <br />ditch D52. <br />NECC: Please see revised Map 14. <br />Division: Response is sufficient. <br />12. Please advise how potential subsidence, and impacts on Containment 92, will be addressed <br />(see Rule 2.05.3(4)(a)(i)D)). In addition to inspections of the pond, will this area be included <br />in subsidence surveys? <br />NECC: Containment area No. 2 has not been undermined. It is over 350 feet from the nearest <br />completed workings and will therefore not be included in subsidence surveys. <br />Division: Response is sufficient. <br />13. As per Mr. Ron Gehrke's email, MSHA cannot approve refuse piles over abandoned <br />openings. Please provide discussion of NECC plans to address the Allen Mine portal opening <br />in order to gain approval from MSHA to construct the proposed West DWDA. <br />NECC: Please see addendum to Exhibit 43 (old Exhibit 42). As previously mentioned, Exhibit 42 <br />has been renamed and will be resubmitted as Exhibit 43. <br />Division: Please include in the permit a discussion on how NECC plans to address the rail slope as <br />recommended by Agapito Associates, Inc. in Addendum to Exhibit 43. <br />14. The Division has calculated a bond estimate required to regrade and seed the West DWDA <br />