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(D) Contain an analysis describing the potential effect on the structure from <br />subsidence of the subsurface strata resulting from past underground mining activities if underground mining has <br />occurred; and <br />(E) Contain a certification statement which includes a schedule setting forth <br />the dates that any detailed design plan for structures that are not submitted with the general plan will be submitted <br />to the Division. The Division shall have approved, in writing, the detailed design plan for a structure before <br />construction of the structure begins. <br />(ii) Each detailed design plan for a structure shall: <br />(A) Be prepared by, or under the direction of, and certified by a qualified <br />registered professional engineer with assistance from experts in related fields such as geology, land surveying, and <br />landscape architecture; <br />requirements; <br />and <br />(B) Include any geotechnical investigation, design, and construction <br />(C) Describe the operation and maintenance requirements for each structure; <br />(D) Describe the timetable and plans to remove each structure, if appropriate. <br />(iii) If a reservoir has a capacity of more than 1,000 acre-feet, or has a dam or <br />embankment in excess of 10 feet in vertical height from the bottom of the channel to the bottom of the spiIlwa,00r_ <br />has a surface area at high waterline in excess of 20 acres then each plan under 2.05.3(4)(b) or © shall meet the <br />applicable requirements of the State Engineer in accordance with C.R.S. 37-87-105. In cases where a <br />sedimentation pond or impoundment meets or exceeds the criteria of 30 CFR 77.216 (a) then the permittee shall <br />also comply with the applicable requirements of the Mine Safety and Health Administration 30 CFR 77.216(1) and <br />(b) Sedimentation ponds Sedimentation ponds whether temporaryorpermanent shall be designed in <br />conformance with the requirements of 4.05.6. Any sedimentation pond or earthen structure which will remain on <br />the proposed permit area as a permanent water impoundment shall also be designed to comply with the <br />requirements of 4.05.9. <br />(c) Permanent and temporary impoundments Permanent and temporary impoundments shall be <br />designed to comply with the requirements of 4.05.9. <br />(d) Diversion Stream channel diversions and other diversions within the proposed permit area shall be <br />designed to comply with requirements of 4.05.3 and 4.05.4. <br />RESPONSE <br />Sedimentation Ponds and Treatment Facilities — Surface Facilities Area <br />The sedimentation control structures associated with the portal and surface facilities areas, as shown on Map 24, <br />Surface Facilities, have been constricted in accordance with previously approved permits (CYCC Permit No. 79- <br />177 and TC Permit No. C-82-056). These structures include Ponds B, C, D, E, F, G, T, and the associated drainage <br />collection ditches and discharge structures. TC also continues to operate Pond A, which was previously permitted, <br />constructed, and operated under permits 79-177 and C-81-071 and is an MSHA impoundment, but is within and <br />associated with areas for which final bond release has been obtained and is approved as a permanent impoundment. <br />TC also jointly used Pond D with CYCC (Permit C-81-071). TC assumed responsibility and reclamation liability <br />for Ponds B, C, D, E, F, G, and T. Design infonnation for the ponds, and associated ditches and culverts, is <br />presented in Exhibit 8. Maintenance, operation, and removal requirements for each of the sedimentation ponds and <br />RN 17-07 2.05-76 02/15/18 <br />