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eh <br />ESPEY, HUSTON & ASSOCIATES, INC. <br />• <br />Section 816.133 (c) and 817.133 (c) - Regazds letters of commitment for <br />alternative postmining land use. These sections aze remanded since the Act only <br />requires an operator to demonstrate a reasonable likelihood of sustaining higher or <br />better use. Reasonable likelihood fails to imply "a letter of commitment" from <br />third pazties. <br />Sections 816.42 (b) and 817.42 (b) - Established a rainfall exemption for <br />compliance with TSS effluent limitations only during the actual occurrence of a 10- <br />yeaz 24 hour storm. These sections have been suspended. <br />Sections 816.46 (b) and 817.46 (b) -Prescribed a minimum sediment <br />storage volume for sedimentation ponds. These sections have been suspended. <br />Sections 816.46 (c) and 817.46 (c) - Required a 24-hour detention time <br />for sedimentation ponds and thus necessitated extremely lazge ponds. These <br />• sections have been suspended. <br />Sections 816.46 (h) and 817.46 (h) -Required operators to clean out <br />sedimentation ponds when sediment reaches 60 percent of the sediment storage <br />capacity. These sections have been suspended. <br />Sections 816.42 (a) (1) and 816.42 (a) (7) -Established that lands under <br />reclamation were subject to the effluent limitations. dodge Flannery has invali- <br />dated and remanded the sections to the Secretary. <br />Section 785.17 (a) - Purported to implement the Act's grandfather <br />exemption for prime farmland consideration. OSM conceded the issue and suspended <br />the regulation. <br />Section 823.14 (c) - Established a "moist bulk density" test for deter- <br />mining whether compaction of replaced soil horizons or prime fazmlands is exces- <br />sive. This section was suspended. <br />• <br />A-8 <br />