ENFORCE36438

• Permit No: C1981012
• IBM Index Class Name: Enforcement
• Doc Date: 8/19/1991
• Doc Name: MEMO NOV C-91-014 MODIFICATION
• From: MLRD
• To: NOV C-91-014 FILE NEW ELK MINE C-81-012
• Violation No.: CV1991014
• Media Type: D
• Archive: No

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STATE OF COLORADO
MINED LAND RECLAMATION DIVISION of ~o~
Department of Natural Resources ,~~; ' 4~
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1313 Sherman SI., Room 215 , ~ ,-~.
Denver, CO 80203 ~

303 6663567 L
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Fax: [phone]
Roy Homer.
Governor
Fretl R. Banta.
Dimsian Director
DATE: August 19, 1991
T0: NOV C-91-014 File (New Elk M' -81-012)
FROM: Steve Renner
RE: NOV C-91-014 Modification
I have directed the staff to modify the referenced NOV to exclude catchment
areas 1 and 2, and the containment area north of the highway and west of the
refuse belt.
Catchment Areas 1 and 2 were excluded as the permit contains designs which
demonstrate their ability to contain 10-year/24-hour flow event. Similar
demonstrations for the refuse belt containment were approved as MR-18.
Therefore the violation as cited is inappropriate.
Given the designs utilized in construction of these areas, it is apparent that
they act as, and were intended to meet the small area exemption criteria of
Rule 4.05.2(3).
Asa result of the TR required as abatement of this NOY and TR-23 which the
Division is currently reviewing, all SAE's at the mine will have appropriate
documentation and be clearly identified on a map.
The small area exemption criteria allows for the use of alternative sediment
control measures in order to assure compliance with effluent limitations. The
catchment structures are alternative sediment control measures in that they do
not discharge, thus ensuring compliance with the small area exemption criteria.
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