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09/P9/83 ._ . _~ $505 166:609 0~. ..._.,~V i i --- ~u: uu~ <br />W VV.r. yV• <br />• . <br />While doze- basins are not specifically discussed or listed in <br />816.45, they function in essentially the same manner as the <br />structures listed there and excluded from the pre-1983 definition <br />oP sedimentation pond. <br />Based on the regulatory histories of 30 CFR 816.45 and B1.6.a6 and <br />prerogatives of the RA regarding the determination oP the best <br />technology currently available, the distinction between SCM's <br />that rely on collection and impoundm¢nt 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 />s~ltat~on structure. SCM dozer assns must-be "designed, <br />constructed, a[id 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 rec]aimed as required at 30...• <br />CFR 816.56. If a 3-esign for a dozer basin indicates that .it will. <br />essentially "reclaim itself" by_sediment accumulation during the.. <br />bond liability period-it would b¢. consideZ;ecT::g ;sma~l;Fde ression <br />under the backfilling and grading rules at 30 CFR 816.102. .ma 1 <br />depressions do not need to 5e removed from the postmining <br />~' landscape or to be further reclaimed. <br />(iowever, if a dozer basin meets the criteria of a sedimentation <br />pond it would be regulated under 70 C>•'R 81G.46. Sedimentation <br />ponds and oi:her siltation structures that impound water must be <br />designed, constructed and maintained i.n accordance with 30 CFR <br />816.49, as well as meet the other requirements of 30 CFR 816.x6. <br />St must be stated clean ~n the ermit a licati.on which <br />~:____-...__Q ____PP_._.__.________...__~ <br />structure~r~a e-~CN«ozer basin. and.wti~ch._~rc. sedi.mcntation <br />po^ds, based on the mine-specific criteri:~. ~ ~ ~~~""""" <br />7. <br />