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<br /> <br />Since the stipulation mentioned above involves a future compliance, the <br />stipulation is retained here. <br />Stipulation No. 9 <br />THE OPERATOR SHALL POST AND MAINTAIN "STEEP SLOPE CAUTION" SIGNS ALONG <br />THE ACCESS ROAD TO THE REFUSE DUMP. TWO MONTHS PRIOR TO ABANDONMENT AND <br />RECLAMATION OF THE ACCESS ROAD, THE OPERATOR SHALL SUBMIT APPROPRIATE <br />GEOTECHNICAL STABILITY ANALYSIS TO DEMONSTRATE COMPLIANCE WITH THE <br />STABILITY REQUIREMENTS OF RULES 4.03.2(3)(c)(i) OR (d )(viii); OR IN THE <br />ALTERNATIVE, 7HE OPERATOR SHALL SUBMI7 A PROPOSED RECLAIMED CONFIGURATION <br />WITH APPROPRIATE STABILITY ANALYSES TO DEMONSTRATE CONFORMANCE WITH THE <br />REQUIREMENTS OF RULE 4.03.2(7). <br />With acceptance of this stipulation, the operation is in compliance with the <br />requirements of this section. <br />XVI. Ponds, Impoundments, Diversions - Rules 2.05.3 and 4.05 <br />Information regarding the sediment control system at the mine is contained in <br />Section 4.05 and Exhibit 19. The surface water system consists of <br />five sediment ponds (three at the mine, two at the load-out), diversions and <br />culverts, two holding ponds, a diversion of Magpie Creek and four small area <br />exemptions. The discussion in this section of the original Findings is still <br />accurate with the following modifications. <br />Due to several exceedances of NPDES permit parameters for discharge from <br />Sediment Pond No. 2 in 1987, modifications of the mine water treatment system <br />were required by the Division. In the three years since these changes were <br />implemented, there have been no exceedances of NPDES permit limits. <br />Discharges from the mine's sediment ponds have been infrequent and are usually <br />controlled by the operator. <br />The permit area includes 4 small area exemptions which have been approved by <br />the Division. These are 1) the mine dewatering line, 2) Substation No. 2 and <br />the power line from it to Substation No. 1, 3) the roadside topsoil pile <br />(M-1 ), and 4) the truck scale. These areas are indicated on Map 20 <br />(Drainage and Sediment Control). <br />While these areas have been approved as small area exemptions by the Division, <br />the permit application does not currently contain demonstrations for granting <br />exemptions, as required by Rule 4.05.2(3), In order to correct this permit <br />defect, the following stipulation is included: <br />Stipulation No. 16 <br />WITHIN 30 DAYS OF APPROVAL OF PERMIT REVISION N0. 1, THE APPLICANT SHALL <br />SUBMIT TO THE DIVISION THE FOLLOWING DEMONSTRATIONS FOR THE SMALL AREA <br />EXEMPTIONS WITHIN THE PERMIT AREA: 1) A DEMONSTRATION THAT SEDIMENT PONDS <br />OR TREATMENT FACILITIES ARE NOT NECESSARY FOR DRAINAGE FROM THE AREA TO <br />MEET EFFLUENT LIMITATIONS, AND 2) A DEMONSTRATION THAT THE AREA IS SMALL <br />AND THAT THERE IS NO MIXTURE OF SURFACE DRAINAGE WITH MINE WATER <br />DISCHARGE. <br />-20- <br />