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r <br />34-33-120(2)(j)(II)(A), C.R.S. (1984 & 1992 Supp.); Regulations <br />for Coal Mining, 2 CCR 407-2, Rule 4.05.2(1). <br />3. P&M argues that the area near Trout Creek on which the <br />pump is located is not a disturbed area and that therefore sedi- <br />ment control is not required. P&M also asserts that the NOV is <br />insufficient because it does not provide an explanation as to why <br />the inspector considers this area a disturbed area. Both claims <br />fail. <br />Section 34-33-120(2)(j)(II){A), C.R.S. (1984 & 1992 Supp.) <br />requires that disturbances to the hydrologic balance be minimized <br />by conducting the operation so as to prevent to the extent pos- <br />Bible, using the best technology currently available, additional <br />contributions of suspended solids to streamflow or runoff outside <br />permit area. Rule 4.05.2(1) then requires that all surface <br />drainage from disturbed areas pass through a sedimentation pond, <br />a series of ponds, or a treatment facility before leaving the <br />permit area. <br />Contrary to P&M's argument, the Trout Creek pump area is a <br />disturbed area as that term is defined by Rule 1.04(36). That <br />rule provides that "Disturbed area" includes an area where vege- <br />tation, topsoil, or overburden is removed. The rule further <br />states that these areas remain disturbed areas until reclamation <br />is complete and the performance bond or other assurance is <br />released. <br />-2- <br />