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COLORADO ut:I~,vCr~tENT OF PUBLIC HEALTH AND ENVIRONMENT Water Quality Guiunl Uiv6ton Pctmits and En;urcuncni Sccnon i INTEROFFICE CONIMUNICATION TO: Industrial Unitl, Stormwater Unit and District Engineers ~er'~I1/F~ CC: llavc Berry (CDMG), Bob Shukle, Marla Bibetstine MAY 2 0 1996 FROh1: Jou E~ubic.~ urvl5~ n o cl ~wulrrdls a i:eolcoy DATE: ~iay 15, 1996 SUBJECT: Inactivation ofl Coa] Permits -Update of Pat Nelson's July 15, 1994, Memo The referenced 1994 memo specified the three stages of bond release associated with reclamation of coal mines and overseen by the Colorado Division of Minerals & Geology (CDMG). In addition, the memo related these stages to CDPS petmi[ actions. This Curren[ memo is intended to supersede the 1994 memo to clarify certain areas. Thtse phazes of bond release can apply to an entire mine site or to only a specific area of the site while other areas remain active. • Phases I - A portion of the bond is released at this point. Mining has ceased in the subject area and reclamation has begun. The primary CDMG requirement at this point is that recontouring be completed, topsoil need not be distributed. As stated above, mining activities may still be occurring elsewhere on the site in areas not affected by this action. Once seeding or planting work has commenced, the operator is eligible for post-mining effMuent limitations under their CDPS permit as provided for in the federal coal muting effluent guidelmes (40 CFIt 434). Ponds and other sedimentation control structures remain in place. An underground mining operation may still have discharge of water from the underground workings, however these workings would remain subject to the same limitations as when the site was active. CDPS permits contain a section advising the permittees to inform us in writing when this point in reclamation has been reached. Upon proper notification (and confirmation from CDMG of this slams), the Division may amend [he CDPS permit accordingly. Permits cannot be inactivated at this point. • Phase II - An additional portion of the bond is released by CDMG. This phase is usually six to seven years after commencement of reclamation, although there is no set timeline for this action. It is dictated primarily by vegetation growth - 90`90 of the success standard should be achieved. This will usually be considerably less than 90 `9o vegetative cover, however vegetation cover is established a[ this point. Enough time has elapsed for' CDMG to be assured that all vegetation is stable and wiil continue to grow. The area should not be contributing [:xcessive suspended solids. In specific cases, CDMG has allowed some ponds to be removed at this point. In isolated cases, ponds may be removed prior to Phase IlI. On occasion, CDMG has allowed conversion of existing ponds from mining (industrial) use to agricultural use as stock watering, etc. ponds where appropriate. When this occurs, all mine sedimentation control ditching is removed. • Phase III -All remaining bond is released upon CDMG's determination that all reclamation activities have been completed and vegetadoo is permanent. Most permiaees are eligible for inactivation of t7teir CDPS permits. A conflic[ arises when pond removal/conversion occurs at or before Phase II because the federal coal regulations (40 CFR 434) state that technology-based effluent limiations apply until fmal bond release. As sta[cd above, CDMG may permit pond removal or conversion to agricultural use three or more years poor to final bond release. In such events, there would no longer be a point source discharge from the affected mining area. The Divisioa does apt intend I:o require a CDPS permit where no point source erdsts,!regardless of whether final band release has occurred. However, the permittee should contact the S[ormwater Unit to see if stormwater requirements sill apply to the site at this point. The bottom line is [hat CDPS pelrmiLS are not to be inactivated when mining stops and reclamation commences, because point sources remain. Inactivation of oae or more ou[falls or the entire permit may be passible at or around Phase II on a case-by- casebasis. Further, if point sources remain after final bond release, a CDPS may still be required. These determina[ions need to be made by a permit drafter with inputs from appropriate Division field staff and CDMG personnel.