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Mr. Robert Hagen - 2 - December 19 , 1990 <br /> Since the operator has already submitted a technical revision application <br /> addressing the performance standards identified as concerns in AFO's letter, <br /> we do not believe there is a need to require a further revision. A proposed <br /> decision on the revision will be issued December 21 , 1990. <br /> Although in this instance we agree that additional measures are warranted to <br /> ensure that pond discharge complies with applicable standards, AFO's <br /> conclusion that the pond discharge on the date of the inspection did not meet <br /> all of the requirements for BTCA raises a larger issue which we would like to <br /> resolve outside of the Ten Day Notice/Ten Day Letter framework. Historically, <br /> sediment ponds have been accepted as BTCA, as long as they are designed, <br /> constructed and maintained to meet applicable effluent criteria. In the <br /> Colorado regulations, these criteria are outlined in Rules 4.05.2(6) (7) and <br /> (8). With respect to total suspended solids and settleable solids, the <br /> standards are set by NPDES permit limitations. The Division is very concerned <br /> if OSM is now taking the position that sediment ponds designed, constructed <br /> and maintained to meet NPDES discharge limits do not constitute BTCA. If this <br /> is the case, we have a number of concerns and would like to discuss this issue <br /> with you at your earliest convenience. <br /> If you have any questions regarding this matter, please contact me. <br /> Sincerely, <br /> Dan T. Mathews <br /> Acting Coal Program Supervisor <br /> DTM/ern <br /> cc: Larry Routten, MLRD <br /> Michael Savage, MLRD <br /> 2307F <br />