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<br /> <br /> <br />• !!r. !lScLael ~_ Dons 2 <br />renewal of the permit for the area. It has also been acknowledged that <br />the area Hood in this part of the TDN vas seeded in years preceding the <br />approval of the permanent program. However, lf1RD finds that this would <br />fall wader the mtsal standards for pleating and should not be made part <br />of the eartifieatioa process far the out-of-pit spoil dump due to the <br />construction certification waver. <br />AFT1 finds lfLRD'a response to violation 1 of Z to be good cause for not <br />taking action. It is appazaat that the requireseat for oz against <br />certifiution has not bean adegvauly addressed in permitting. AFO now <br />recognizes that it is identified and will be addressed in the next round <br />of permitting for future reference. <br />The ?DN cites Colorado CCR 4.07-2 Section 4.05.2(1) as the zegulatior. <br />believed to have been violated for violation 2 of 2. The TDT states <br />that the operator failed to pass all surface drainage from the disturbed <br />area through a sediment pond or a treatment facility before leaving the <br />permit area. <br />,\ <br />HIRD's response indicates that the drainage from the area cited in the <br />TDr is not being passed through a sediment pond or a treatment facility. <br />Instead, it is included in a "small area exemption' granted b}• the <br />Division for drainage control for the area under Section 4.05(3) of the <br />• Colorado regulations. <br />AFO has reviewed the supporting doctmoentation for the acreage cited in <br />the TDfi and concurs with HIRD that it is included in a "small area <br />exemption." The information does not, however, refer to demonstrations <br />presented by the operator that would cleazly show that drainage control <br />from the area is "exempted" from passing through sediment ponds or <br />treatment facilities. Exemptions may be authorized only if the <br />disturbed surface drainage complies with applicable State and Federal <br />eater-quality requiremenu for downstream receiving waters. <br />AFO has not found evidence in the HIRD response to justify that no <br />violation exists. Please submit additional information for this office <br />to review in regard to this part of the TDN within 10 working says o: <br />the receipt of this correspondence. llpon review of the additional <br />information, a finding will be made by this office for violation 2 0° 2. <br />If you disagree with the findings of this office, you may request an <br />informal review in accordance with 30 CFR B42.211(b)(1)(iii)(A). If you <br />have other questions regarding this correspondence, please call Cary <br />Frio at (505) 766-1486. <br />Sincerely, <br />~~~ <br />"Aobert H. Hoge., irector <br />Albuquerque Fie~~ Office <br />