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June 19, 2006 Prevention of Off-Site Impacts -Coal Facilities Runoff Management Basis for Touic Selection This topic was selected by the joint DMG/OSM Oversight Team to evaluate whether DMG is implementing its approved regulatory program with respect to preventing or minimizing offsite impacts from coal handling and storage facilities. Hydrologic balance protection is an important performance measure in the 1996 Oversight Agreement (revised January 3, 2005). This topic will evaluate hydrologic balance protection and offsite impacts from coal handling and storage facilities. Coal handling and coal storage facilities can include coal storage facilities and stockpiles, coal loading facilities, preparation plants, railroad loops, spurs, and sidings, surface coal conveyor systems, and other coal handling, storage, and loading facilities. Offsite Irnnacts Determination An offsite impact is defined in OSM Directive REG-8 as: "...anything resulting from a surface coal mining and reclamation activity or operation that causes a negative effect on resources (people, land, water, and structures). The applicable State program must regulate or control the mining or reclamation activity or result of the activity causing an offsite impact. In addition, the impact on the resource must be substantiated as being related to a mining and reclamation activity and must be outside the area authorized by the permit for conducting mining and reclamation activities". This topic will focus on evaluating hydrologic balance protection, and offsite impacts from coal handling and storage facilities. Measurements An offsite impact will be noted on Table 4 of OSM's Annual Evaluation Summary Report for Evaluation Year (EY) 2006 if field evaluations document negative effect(s) on resources as defined above in Offsite Impacts Determination, and/or as described below by Colorado Rule 4.04. SUPPORT FACILITIES. Colorado Rule 4.04 SUPPORT FACILITIES requires that coal handling and storage facilities shall be designed, constructed or reconstructed, and maintained, and the area restored, to: (1) Prevent, to the extent possible using the best technology currently available; (a) damage to fish, wildlife, and related environmental values; and (b) additional contributions of suspended solids to stream flow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of State or Federal law. (2) Control and minimize diminution or degradation of water quality and quantity (3) Control and minimize erosion and siltation; (4) Control and minimize air pollution;