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requirements of the Mine Safety and Health Administration, 30 CFR 77.216(1) <br />• and (2). <br />(b) Sedimentation ponds. Sedimentation ponds, whether temporary <br />or permanent, shall be designed in conformance with the requirements of <br />4.05.6. Any sedimentation pond or earthen structure which will remain on <br />the proposed permit area as a permanent water impoundment shall also be <br />designed to comply with the requirements of 4.05.9. <br />(c) Permanent and temporary impoundments. Permanent and <br />temporary impoundments shall be designed to comply with the requirements of <br />4.05.9. <br />(d) Diversions. Stream channel diversions and other diversions <br />within the proposed permit area shall be designed to comply with <br />requirements of 4.05.3 and 4.05.4. <br />RESPONSE: <br />• CYCC proposes sediment control facilities in this application which are <br />designed and which will be constructed and maintained for the purpose <br />of compliance with the most stringent applicable effluent limitations, <br />which are those applicable under NPDES Permit CO-0027154 for Energy 1, <br />2, and 3 and Eckman Park Mines, and NPDES Permit CO-0036021 for the <br />Middle Creek Mine. The permits are shown in revised Exhibit 4 NPDES <br />Permits, CO-0024154 and CO-0036021. <br />A system of impoundments 'and diversions have been designed, constructed <br />and maintained at Mine No. 3. Locations of all sediment control <br />facilities are shown on Map 4a, Hydrologic Features and Sediment <br />Control. In general, all facilities are located as near as possible to <br />the disturbed area. No ponds were located within any perennial or <br />intermittent streams. The drainage patterns within the proposed <br />permit area are described in detail under Rule 2.04.7. <br />L J <br />MR 90-09 2.05-20 Revised 03/12/90 <br />