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2.05.3(4) Ponds, Impoundments, and Diversions <br />provide sufficient volume for sediment and retained water. Spillways and outlet devices were <br />selected that would handle the design storm events and provide sufficient outflow rates. The pond <br />was designed under the direction of a qualified, registered professional engineer. <br />The purpose of the sedimentation pond is not only to provide a final measure to prevent additional <br />contributions of sediment outside the permit area, but also to provide a means of compliance with all <br />applicable effluent limitations, especially with respect to total suspended solids. <br />The effluent quality is regulated by Rule 4.05.2, and by the National Pollutant Discharge Elimination <br />System ( NPDES) Permit. The NPDES Permit was issued by the State of Colorado, Department of <br />Health under the National Pollutant Discharge Elimination System, established as a result of the <br />Clean Water Act (33 U.S.C. Section 1251, et sec). A copy of the NPDES Permit is presented in <br />Exhibit 4, Permits for Mining. <br />The engineering parameters for the sedimentation pond and diversion ditches are included in <br />Exhibit 11, Drainage and Sediment Control Plan. <br />During November 1997, a slide occurred on the southwest corner of the Bear No. 3 Mine surface <br />facilities. Shortly after the slide occurred, about 10 gallons per minute of water began flowing from <br />the east slide scarp. Initially the Operator believed the water emerging from the slide was mine <br />water discharge. Mountain Coal Company convinced the DMG and the Operator that the water <br />emerging from the slide was not water from Mountain Coal Company's operation. Therefore, the <br />Operator suspects the water is not mine water but spring water. This water may have been present <br />for many years and probably contributed to the degradation of monitoring well AA1. See discussion <br />in Section 2.05.6(3). <br />The water flows through mud and slide debris prior to the point it can be contained in a pipe or pond. <br />The Operator constructed a treatment pond for this water to assure the suspended solids are settled <br />before the water is discharged to the river. The pond is no longer required. The Operator can <br />capture water from the berms shown on drawing 11 -5 and discharge directly to the river and meet <br />discharge permit requirements. The Operator plans to construct a treatment pond bypass ditch as <br />shown on drawing 11 -5. DRMS approval will be obtained before the bypass ditch is constructed. <br />The treatment pond will be reclaimed shortly after the pond bypass ditch is operational. <br />The treatment pond location and details are presented on drawing 11 -4. Design parameters for the <br />pond are presented on page 11 -14. Designs for the bypass ditch are shown beginning on page 11- <br />15. <br />2.05-23 04/30/2012 <br />