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09/69/94 15:20 $505 7882809 OSM ALBUQ FO <br />While dozer basins are not specifically discu <br />816.45, they function in essentially the same <br />structures listed there and excluded from the <br />of sedimentation pond. <br />++ CO/DMG ~ 003/004 <br />• <br />ssed or listed in. <br />manner as the <br />pre-1983 definition <br />Based on the regulatory histories of 30 CFR 816.45 and 816.x6 and <br />prerogatives of the RA regarding the determination of the best <br />technology currently available, the distinction between SCM's <br />that rely on collection and impoundment of runoff (e.g., check <br />dams and dugout ponds) and sedimentation ponds appear to be based <br />on such attributes as: <br />o .the intended purpose of the structures; <br />o the size and location of the structures; <br />o the size and characteristics of the contributing watersheds; <br />o the design specifications of the structures; <br />o the maintenance and operation requirements to ensure prober <br />function of the structure; and <br />o the intended life of the structures. <br />The regulations do not provide specific guidance for the limits <br />on these attributes. There is no provision for a waiver of the <br />requirement to design these kinds of sediment control measures. <br />In the case of dozer basins, the design requirements would depend <br />on whether the dozer basin is regulated as an SCM or as a <br />siltation structure. SCM dozer basins must be "designed, <br />constructed, and maintained, using the best technology currently <br />available," to meet the requirements at 30 CFR 816.45(x). <br />Further, they must be temporary and reclaimed as required at 30 <br />CFR 816.56. 7f a design for a dozer basin indicates that it will <br />essentially "reclaim itself" by sediment accumulation during the <br />bond liability period, it would be Considered a small depression <br />under the backfilling and grading rules at 30 CFR 816.102. Small <br />depressions do not need to be removed from the postmining <br />landscape or to be further reclaimed. <br />However, if a dozer basin meets the criteria of a sedimentation <br />pond it would be regulated under 30 Ct'R 816.46. Sedimentation <br />ponds and other siltation structures that impound watoY must be <br />designed, constructed and maintained i.n accordance with 30 CFR <br />816.49, as well as meet the other requirements of 3o CFR 816.46. <br />1t must be stated clearly in the permit application which <br />structures are SCM dozer basin. and which arc sedimentation <br />ponds, based on the mine-specific rriteci:~. <br />7. <br />