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gichard D. Lamm <br />Governor <br />• <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Gelches, Executive Director <br />MINED LAND RECLAMATION <br />DAVID C. SH ELTON, Director <br />November 19, 1984 <br />Robert Hagen <br />Office of Surface Mining <br />219 Central Ave., NW <br />Albuquerque, N!7 87102 <br />Re: Ten Day Notice No. 84-2-244-11 <br />Somerset Mine Permit C-022-81 <br />Dear Mr. Hagen: <br /> <br />DIVISIO N <br />The Division received the above referenced Ten-Day Notice from your office on <br />November 9, 1984. The notice was written for U.S. Steel not having a <br />N.P.D.E.S. Discharge Permit for their East Yard Pond. Rule 4.05.1(3) was <br />cited in your letter as having been violated. <br />U.S. Steel's position was that a permit was not needed, since the pond does <br />not discharge to a stream or drainage that could reach a stream. At the <br />request of Robert Liddle, MLRD lead specialist for the mine, U.S. Steel sent <br />the Water Quality Control Division a letter requesting their opinion on <br />whether a permit would be needed. WQCD decided that the pond should have a <br />NPDES permit in the event of a discharge. U.S. Steel has since applied to <br />WQCD for a revision to include this pond within their existing NPDES permit. <br />The Division contacted WQCD to ascertain whether enforcement action would be <br />taken. Their response was that, since no discharge has occurred, no violation <br />has resulted, and, therefore, no enforcement action is warranted. <br />In deciding what action MLRD should take on this matter, several factors were <br />considered: <br />1) U.S. Steel did apply for an NPDES permit for those ponds that do <br />discharge to a receiving stream; <br />2) No discharge from the East Yard Pond has occurred to date; <br />3) The operator promptly consulted with MLRD and WQCD as soon as the issue <br />was raised; <br />4) U.S. Steel submitted an app]ication for a permit revision to WQCD as <br />soon as a determination was made; and <br />5) WQCD did not find U.S. Steel in violation of their program. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />III IIIIIIIIIIIIIIII <br />999 <br />