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designed to safeguard public safety and to minimize <br /> adverse impacts to the hydrologic balance. (4 . 05 . 4 (1) and <br /> 4 . 05 . 4 (4) ) . <br /> 2 . Therefore, the Division proposes to approve a permanent <br /> diversion. This diversion is consistent with applicable <br /> state law, will not diminish downstream water rights and <br /> meets the requirements of Rule 4 . 05 . 4 . (4 . 04 . 4 (4) ) . <br /> With the approval of Technical Revision No. 15, as part <br /> of the Mid-term Review on 12/1/93 , EFCI was granted <br /> approval for the permanent diversion after the Division <br /> reviewed the submitted engineering plans and hydrologic <br /> calculations . With the submittal of plans and their <br /> subsequent approval, Stipulation No. 17 was satisfied. <br /> Stipulation 17 required the designs to include plan <br /> views, a longitudinal profile, cross-sections and channel <br /> protection details to meet the requirements of Rule <br /> 4 . 05 . 4 (4) . <br /> The prior coal operator, Dorchester Coal, had diverted <br /> Magpie Creek to its present channel in order to keep <br /> fresh water from entering the facility area. Magpie <br /> Creek was diverted by Dorchester Coal around the facility <br /> area to where it is today. EFCI, as the successor <br /> operator, has been granted the right to leave Magpie <br /> Creek as is, with creek stabilization plans to be <br /> constructed in three phases, with the first phase to be <br /> initiated in 1994 and second and third phase prior to <br /> final reclamation. <br /> 3 . Channel lining structures, in the form of riprap, for <br /> artificial channel roughness, are proposed for use to <br /> control erosion in Magpie Creek. The Division has <br /> approved the riprap because it is necessary to control <br /> erosion, is stable and it will require infrequent <br /> maintenance. (4 . 05 . 4 (2 ) (a) ) . <br /> For Magpie Creek diversion specifications, refer to <br /> Exhibit 19, "Drainage and Sediment Control, of the permit <br /> application. <br /> 4 . The permanent diversion of Magpie Creek shall make use of <br /> artificial structural controls with the use of rock <br /> gabions or erosion mats in order to allow it to remain in <br /> dynamic equilibrium with the drainage basin system. The <br /> Southfield Mine Permit Renewal 03 <br /> 35 <br />