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As previously mentioned, the ponds control areas that are in a reclamation phase only, no rnininy is proposed for these areas. The c w•rent keyulations concerning desiyn standards were based in part on Office of Surface Mining Federal Regulations and Environmental Protection Agency Regulations for mine discharges. The Federal regulations concerning discharyes fran reclamation phase areas has since been repealed (see Surface i~Iininy Regulation Litiyation 4S6 F. Supp. 1301, 1314 U..U.C. 1y78 - U.S. Court of Appeals District of Columbia decision flay Y, 1980). However, the Uivision has retained the provision pending Federal review and reproposals. A second point to be considered is that a study conducted by E.P.A. has shown that their original desiyn criteria may not be appropriate to a particular mining situation. "A number of site specific factors make it extremely diFficult to predict..., what effluent concentrations can be expected from a sediment pond of a given size..." (See Evaluation of Performance Capability of Surface Pdine Sediment Basins, Skelly and Loy, Harrisbury, Pa, July 1979.) fwo additional E.P.A. studies support this claim (see Effectiveness of Surface Ilene Sedimentation Bonds, E.P.A. 6UU/2-7ti-117, Auyust 1976 and Coal Mining Industry Self 6lnnitoring Program in Final Coal hlininy Developrirent Document, E.P.H. 440/1-82/057). As a result of these studies both the E.P.A. and DSf•1 are proposing to delete the desiyn criteria from future rules (see (USf•1) Federal Register Vol. 46, No. 127, July 2, 1981 and (E.P.A.) F.R. 46, Wo. 8, January 13, 1981 and F.k.S. 46, Ilo. 103, 19ay 29, 1981). An additional point considered by the Division with reyard to this issue is that of a practical standpuirit. To require this operator to reconstruct the sediment ponds will mean new ddd1t70nal disturbance that will likely result in yreater sediment loads than the present situation. Since most of the areas have an existiny stand of veyetation, it would be detrimental to redtisturb ttre reclaimed areas at this time. Finally, the Uivision considered an additional point in arriviny at a decision. The Division looked at the past performance of these ponds to determine whether they have Keen functionincy in compliance with current reyulations. Records at the Uivision leave shown that all discharges from these ponds have consist antsy met EPA, USIl, h1LRD and Department of Health discharge and water quality criteria. Part of the reason for this may be the fact that active mining does not occur here and the fact that re vegetation efforts have helped reduce sediment loads. It is for these reasons that the Division will allow the operator to retain ponds 002, 003, UU4, OUS, U06 and OU7 as built. It must be emphasized that the Division is yrantiny relief only from the design