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Brock Bowles <br />Page 2 of 8 <br />December 12, 2014 <br />application to include a description of the ownership and use of surface water bodies, or indicate <br />where the information is located in the currently approved permit application package. <br />Rule 2.04.7(2)(b): Appendix 2.04.7 -2 to the permit application package and the 2012 and 2013 <br />Annual Hydrology Reports provide baseline monitoring data including minimum, maximum, and <br />average flows for the draws and streams within and adjacent to the permit area. The water quality <br />data provided has sufficiently identified seasonal variations and includes the parameters required <br />by Rule 2.04.7(2)(b)(ii)(A) through (G). <br />Rule 2.05.3 Operation Plan /Permit Area <br />Rule 2.05.3(4)(a): A general and detailed design plan has been submitted, in Section 2.05.3(4) of <br />the permit application package, for each pond and ditch proposed to be constructed under the <br />approved permit. The New Horizon North Mine operations plan includes the construction of three <br />sedimentation ponds (NHN -001, NHN -002, and NNH -003); for each pond there are two designed <br />collection ditches to route all disturbed area runoff to the sedimentation ponds. The location and <br />cross sections of the proposed ponds and ditches are shown on Figures 1 through 7 of Appendix <br />2.05.3(4) -1, page 16 of Appendix 2.05.3(4) -7, and Maps 2.05.3(4) -1, 2.05.3(4) -6, 2.05.3(4) -7, and <br />2.05.3(4) -8. <br />The designs for the structures meet the requirements of paragraphs (i) and (ii) of Rule 2.05.3(4)(a). <br />The Division is currently reviewing the as -built construction and certifications for the NHN -001 <br />ditches, the designs for which were revised under Technical Revisions No. 4 and No. 7. The NHN - <br />002 and NHN -003 ditches have not been constructed yet. <br />Rule 2.05.3(4)(b): The proposed sedimentation ponds have been designed in conformance with <br />the requirements of Rules 4.05.6 and 4.05.9 (see discussion under Rules 4.05.6 and 4.05.9, below). <br />Just one pond has been constructed (NHN -001); there is a question as to whether the pond was <br />constructed as designed, as discussed under Rule 4.05.6, below. None of the ponds are proposed <br />as permanent structures. <br />Rule 2.05.3(4)(c): There are no impoundments, other than the three proposed sedimentation <br />ponds discussed in detail under Rules 4.05.6 and 4.05.9, below, proposed for construction. <br />Rule 2.05.3(4)(d): There are six collection ditches proposed (two have been constructed) to convey <br />drainage to the three proposed sedimentation ponds. The ditches were designed to comply with <br />the diversion requirements of Rules 4.05.3 and 4.05.4. <br />Rule 2.05.4 Reclamation Plan <br />