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approved outfall location which is in compliance with New Horizon's mine current water quality <br />discharge permit. Moreover, during and after mining, the Pond 012 location will not impact water <br />quantity or quality as it will be removed post mining and reclaimed. Finally, Pond 012 does not create a <br />temporary or permanent stream channel diversion. <br />Pond 009 <br />A portion of the Pond 009 embankment was constructed inside the stream buffer zone for Tuttle Draw. <br />During construction and to date, this has not created any adverse impacts to Tuttle Draw. The <br />embankment and areas directly adjacent to the pond are very well vegetated and do not exhibit any <br />visual impacts from the presence of the pond and associated structures inside the stream buffer zone. <br />In accordance with Rule 4.05.18, the pond location within the buffer zone has not caused or contributed <br />to a violation of applicable water quality standards. As built, the pond is capturing all surface water <br />runoff from mining operations and discharging them through an approved outfall location which is in <br />compliance with New Horizon's mine current water quality discharge permit. Moreover, during and <br />after mining, the Pond 009 location will not impact water quantity or quality as it will be removed post <br />mining and reclaimed. Finally, Pond 009 does not create a temporary or permanent stream channel <br />diversion. <br />Old BB Bypass Road <br />A portion of the Old BB Bypass Road was constructed inside the stream buffer zone for Tuttle Draw. <br />During construction and to date, this has not created any adverse impacts to Tuttle Draw. During <br />mining operations, the road was constructed as a temporary bypass for County Road BB and was <br />subsequently reclaimed after BB Road was restored. The BB Road Detour was reclaimed in 2009, <br />except for the portion on the Benson east property, which will remain at the request of the landowner. A <br />letter from the landowner certifying his desire for the road to remain can be found in Attachment <br />2.05.3(3)-8. <br />Section 4.05.18 Page 3 March 2015 (TR -68) <br />