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TR 18, C-84-065 <br />July I, 2001 <br />Page 10 of 10 Pages <br />a,ty, for receiving streams. Sedinrentatiorr ponds and treatment facilities for discharges from <br />underground workings shall be rnainlained until either the disci:arge continuously meets the <br />effluent limitations witlrarrt treatment or until the discharge has perntane,rtly ceased. In no case <br />shall the sedinte,rtntiorr ponds and treatment facilities be removed soo,rer than 2 years after the <br />last seeding within the affected contributir:g watershed. When the sedimentation pond is <br />removed, the affected land shall be regraded and revegetated in accordance with 4.13, 4J4, and <br />4.15.1-4.15.4, unless tite po,:d lras been approved by the Division for retention: as compatible <br />with the approved postminirtg land use in accordance with 4.16. If the Division approves <br />retentioet, the sedimentation pond shalt meet alt the requirements for permanent impotmdments <br />of 4.05.9 a,td 4.05.17. <br />The application was found to be deficient in regard to demonstration that the untreated drainage <br />from the disturbed area ceases to contribute additional suspended solids above natural <br />conditions. See the adequacy letter of May 7, 2001 for a description of the deficiencies. By <br />response of June 7, 2001, the deficiencies were corrected with exception of item 4 of the <br />adequacy letter. This deficiency was brought to the attention of the operator by telephone call of <br />June 12, 2001. An adequate response was received from the applicant (letter of June I8, 2001). <br />Rule 4.15.9 For areas to be used as croplatd, success of revegetation shall be deternuned at the <br />basis of crop production from the rained area as compared to approved reference areas or other <br />approved standard(s). Crop prodrrctior: from the ,Wined area shall riot be less then that of the <br />approved reference area or standard for the last two years of the extended liability period <br />established ir: 3.02.3. Tltis liability period shell commence on tl~e date of initial plantlr:g of the <br />crop being grown. Production shall be considered equal if it is not less then 90% of the <br />production as deten,rined from the reference area or approved standard with 90% statistical <br />confidence. <br />This rule is engaged in the application to relate production to cover, the argument being made <br />that if production is equal, cover must be too. The Division asked in the adequacy letter of May <br />7, 2001, that the applicant strengthen this argument. The response of June 7, 2001 is adequate. <br />