ENFORCE35859

• Permit No: C1981014
• IBM Index Class Name: Enforcement
• Doc Date: 11/18/1993
• Doc Name: Information Memo for Assessment Officer
• From: DMG
• To: SANDY BROWN
• Violation No.: CV1993131
• Media Type: D
• Archive: No

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DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
131 J Sherman SI., Room 215
Denver, CO 80203
Phone: [phone]
FA%: (}03) 8328106
DATE: November 18, 1993
STATE OF COLORADO
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Roy Romer
Governor
Michael B. Long
Division Director
T0: Sandy Brown, Assessment Conference Officer
FROM: ~ / Dan Hernandez, Senior Environmental Protection Specialist
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RE: November 16, 1993 Request for Information, Energy Fuels
Coal, Inc., The Southfield Mine, Permit No. C-81-014,
NOV No. C-93-131
Sandy, per your request on November 16, 1993 following the Assessment
Conference held for this NOV, I am providing you with the Division's
current application of the Regulations regarding Small Area Exemptions
that are constructed as impoundments (non-discharging SAEs).
Any basin, whether natural or constructed, which is built or does in
fact retain water, sediment, or slurried waste in support of mining
and reclamation operations, is by definition an impoundment
(Rule 1.04(64)). SAEa that are built with a berm dam or embanlanent to
retain disturbed area runoff, rather than allowing the runoff to leave
the disturbed area untreated, fall into this category.
P,a water-impounding SAES are typically temporary in nature, the
criteria for their design, construction, and maintenance are
established in Rule 4.05.9(2), "Temporary Impoundments".
The regulations that apply to non-discharging water-impounding SAES,
by virtue of Rule 4.05.9(2), are 4.05.6(2), 4.05.6(6), and 4.05.6(8)-
(12). Rule 4.05.6(6) states "The Division may approve a sedimentation
pond (in this case, a temporary SAE impoundment) that relies primarily
on storage to control runoff from the design event specified in
4.05.6(5) ....". Rule 4.05.6(5) states the design event shall be the
100-year, 24-hour event if:
(a) the emban]rnlent is taller than 20 feet, or
(b) the pond can store 20 acre-feet or more of volume, or
(c7 MSHA believes the impoundment presents a hazard to coal
miners;
If none of these criteria apply, the design event shall be the
25-year, 24-hour event.