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Section 816.46{t) Continued. <br />• The 12 sedimentation ponds in the mine plan area described in <br />Exhibit 42, Drainage and Sediment Control Plan, all meet the <br />size criteria of 30 CFR 77.216(a). All ponds, regardless of <br />size, will be examined for structural weakness, erosion and <br />other hazardous conditions, and reports of any necessary <br />modifications will be made to the regulatory authority, in <br />accordance with 30 CFR 77.261-3. <br />The sedimentation pond at the tipple does not meet the size or <br />other criteria of 77.216 (a). It is hereby requested that the <br />regulatory authority, in consideration of the design <br />specifications for the sedimentation pond at the tipple, approve <br />an examination frequency of once every three months. <br />(u) Sedimentation ponds shall not be removed until the disturbed <br />area has been restored, and the vegetation requirements of Section <br />816.111-816.117 are met and the drainage entering the pond has met <br />• the applicable State and Federal water quality requirements for the <br />receiving stream. When the sedimentation pond is removed, the <br />affected land shall be regraded and revegetated in accordance with <br />Sections 816.100-816.106, and 816.111-816.117, unless the pond has <br />been approved by the regulatory authority for retention as being <br />compatible with the approved postmining land use under Section <br />816.133. If the regulatory authority approves retention, the <br />sedimentation pond shall meet all the requirements for permanent <br />impoundments of Sections 816.49 and 816.56. <br />All sedimentation ponds not approved by the DMG for retention as <br />permanent impoundments will be completely removed and reclaimed <br />after the termination of mining activities, but not until the <br />disturbed areas have been restored and the vegetation <br />requirements of 30 CFR 816.111-816.117 are met, and the drainage <br />entering the pond is approxi- <br />• <br />MR-3`1 <br />""„^ &16-60 Revised April 2009 <br />