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iii iiiiiiiiiiiii iii <br />999 <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />t3t3 Sherman St.. Room 215 <br />Denver. CO 60203 <br />303 866-3567 <br />FA X: 303 832-8106 <br />DATE: August 19, 1991 <br />T0: NOV C~ 4 File (New Elk M' -81-012) <br />FROM: Steve Renner i' <br />RE: ~Y C-91-014 Modification <br />pF nnO~~ <br />.l4'.=,yr,Zy,A9 <br />„e„ .~xr+n~rir~• O <br />'' ~ny <br />y~~ R <br />18 ]e <br />Roy Romer, <br />Govemar <br />Fred R. Banta, <br />Division Drtettor <br />I have directed the staff to modify the referenced NOV to exclude catchment <br />areas 1 and 2, and the containment area north of the highway and west of the <br />refuse belt. <br />Catchment Areas 1 and 2 were excluded as the permit contains designs which <br />demonstrate their ability to contain 10-year/24-hour flow event. Similar <br />demonstrations for the refuse belt containment were approved as MR-18. <br />Therefore the violation as cited is inappropriate. <br />Given the designs utilized in construction of these areas, it is apparent that <br />they act as, and were intended to meet the small area exemption criteria of <br />Rule 4.05.2(3). <br />As a result of the TR required as abatement of this NOY and TR-23 which the <br />Division is currently reviewing, all SAE's at the mine will have appropriate <br />documentation and be clearly identified on a map. <br />The small area exemption criteria allows for the use of alternative sediment <br />control measures in order to assure compliance with effluent limitations. The <br />catchment structures are alternative sediment control measures in that they do <br />not discharge, thus ensuring compliance with the small area exemption criteria. <br />SGR/yjb <br />STATE OF COLORADO <br />7663E <br />