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(D) Contain an analysis describing the potential effect on the structure from <br />subsidence of the subsurface strata resulting from past underground mining activities if underground mining has <br />occurred; and <br />(E) Contain a certification statement which includes a schedule setting forth <br />the dates that any detailed design plan for structures that are not submitted with the general plan will be submitted <br />to the Division. The Division shall have approved, in writing, the detailed design plan for a structure before <br />construction of the structure begins. <br />(ii) Each detailed design plan for a structure shall: <br />(A) Be prepared by, or under the direction of, and certified by qualified <br />registered professional engineer with assistance from experts in related fields such as geology, land surveying, and <br />landscape architecture; <br />requirements, <br />and <br />(B) Include any geotechnical investigation, design, and construction <br />(C) Describe the operation and maintenance requirements for each structure; <br />(D) Describe the timetable and plans to remove each structure, if appropriate <br />(iii) If a reservoir has a capacity of more than 1,000 acre -feet, or has a dam or <br />embankment in excess of 10 feet in vertical height, from the bottom of the channel to the bottom of the spillway, oor <br />has a surface area at high waterline in excess of 20 acres, then each plan under 2.05.3(4)(b) or (0 shall meet the <br />applicable requirements of the State Engineer in accordance with C.R.S. 37 -87 -105. In cases where a <br />sedimentation pond or impoundment meets or exceeds the criteria of 30 CFR 77.216 (a), then the permittee shall <br />also comply with the applicable requirements of the Mine Safety and Health Administration, 30 CFR 77.216(1) and <br />(b) Sedimentation ponds. Sedimentation ponds, whether temporary or permanent, shall be designed in <br />conformance with the requirements of 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 designed to comply with the <br />requirements of 4.05.9. <br />(c) Permanent and temporary impoundments. Permanent and temporary impoundments shall be <br />designed to comply with the requirements of 4.05.9. <br />(d) Diversion. Stream channel diversions and other diversions within the proposed permit area shall be <br />designed to comply with requirements of 4.05.3 and 4.05.4. <br />RESPONSE <br />Sedimentation Ponds and Treatment Facilities — Surface Facilities Area <br />The sedimentation control structures associated with the portal and surface facilities areas, as shown on Map 24, <br />Surface Facilities, have been constructed in accordance with previously approved permits (CYCC Permit No. 79- <br />177 and TCC Permit No. C -82 -056). These structures include Ponds B, C, D, E, F, G, T, and the associated <br />drainage collection ditches and discharge structures. TCC also continues to operate Pond A, which is an MSHA <br />impoundment, but is within and associated with areas for which final bond release has been obtained. TCC <br />assumed responsibility and reclamation liability for Ponds B, C, E, G, and T. TCC also jointly used Pond D with <br />CYCC (Permit C 81071). Design information for the ponds, and associated ditches and culverts, is presented in <br />Exhibit 8. Maintenance, operation, and removal requirements for each of the sedimentation ponds and treatment <br />facilities are similar, however, specific details relative to each are described separately in the following sections. <br />TR09 -66 2.05 -76 04/11/09 <br />