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underground sumps, abandoned areas, or treatment ponds prior to discharge to the <br />surface. Approved mine water discharge sites have been inactive since the <br />northern portion of the D seam minim; district was sealed off in 1996. In January <br />1997, the operator was granted approval to discharge preparation plant thickener <br />water within sealed sections of the D seam mine workings, pursuant to the <br />requirements of Rule 2.05.3(9). <br />A. storm water permit and spill prevention containment and control plan <br />associated with the CDPS permit also dictate preventive and mitigation measures <br />for ensuring that all water leaving the mine site meets applicable effluent limits. <br />Due to facility site layout and sediment pond location, existing sediment ponds <br />which provide sediment control for the D/B portal facilities will necessarily be <br />eliminated in conjunction with reclamation grading of the facility areas. <br />Alternative sediment treatment facilities to ensure discharge effluent limit <br />compliance for this location following; reclamation grading will be necessary. <br />Similarly, existing small area exemption sediment controls for the East Portal <br />Ventilation facility area will be eliminated during reclamation grading, and <br />alternative measures will be necessary. A specific plan for controlling <br />sedimentation during and after reclamation grading has been provided for the D/B <br />portal area, and a generalized post-grading sediment control plan has been <br />provided for the East Portal Area. A description is provided within Section V.B.6 <br />of the application to provide a more detailed post grading sediment control plan <br />and demonstration for the East Portal. <br />The Division has granted a number of small area exemptions from the use of <br />sediment ponds and treatment facilities, due to the limited size of the areas in <br />question and the fact that ponds and treatment facilities are not necessary for the <br />drainage from these sites to meet the effluent limitations of Rule 4.05.2 and <br />applicable State and Federal water quality standards for receiving streams, and <br />also due to the fact that no mixing of surface drainage from these areas with a <br />discharge from underground workings will occur. The small areas to be exempted <br />are listed in Section IV.J.5 of the application. Sedimentation demonstrations for <br />the SAE's are provided in Illustration 44, Volume 12, and the locations are shown <br />on Map 147 (4.05.2(3)(b)(i)). <br />B. Stream Channel Diversions <br />1. The Division approved the diversion of an ephemeral stream draining at least <br />one square mile. Scullion Gulch has been diverted with a large diameter pipe <br />culvert such that it passes beneath the D Portal facilitates area. The decision <br />to approve this diversion was based on a finding that the proposed diversion <br />meets the requirements of 4.05.18 and 4.05.4, applicable local, State, and <br />Federal statutes and regulations, and that the diversion is designed to <br />safeguard the public safety and to minimize adverse impacts to the <br />hydrologic balance (4.05.4(1) and (4)). <br />Deserado Mine 30 June 18, 2009