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Rule 4.05.9(13)(c). The pond has relatively shallow inslopes (3H:1 V or shallower). There are no <br />cliffs or steep dropoffs along any pond margin. <br />Rule 4.05.9(13)(d). SCC has no water right for this pond since the land belongs to another owner. <br />However, SCC also understands that the State Engineer's Office (SEO) has the authority to order the <br />installations of low -level outlets capable of releasing all storage from the structures or breech of the <br />structure to assure that senior water right holders receive the water to which they are entitled by law. <br />The landowner has been informed of this stipulation. <br />SCC has requested that the State Engineer allow this pond to remain inplace until such time that a call <br />on water from senior water right holders. At such time the emergency spillway can be physically <br />lowered (with the use of a dozer or backhoe) to allow impounded water, above the two (2) ac ft level, <br />to be released. If necessary the entire embankment can be removed to allow discharge of all <br />impounded waters. Therefore, Pond 016 impoundment will not result in the diminution of the quality <br />or quantity of water available to water rights holders for agricultural, industrial, recreational, or <br />domestic uses except in accordance with applicable state law. Documentation/approval from the SEO <br />for Pond 016 will be forwarded when received. Additional details and discussions are contained in the <br />PAP in Tab 13 and on Exhibit 13 -94 Pond 016 As- Built. <br />Rule 4.05.9(13)(e). Pond 016 has permanent pool surface of approximately 0.88 acres (surveyed in <br />2011). Ponds of this size are typical of stock water impoundments throughout northwestern Colorado. <br />Rule 4.05.9(13)(f). Retention of Pond 016 as part of the post -mine landscape will assist with the <br />proposed post -mine land use of livestock grazing and wildlife /aquatic habitat. Water, especially in the <br />semi -arid mountain west, is an essential component needed to assure livestock and wildlife survival. <br />Without water, the area has marginal utility for animals; consequently, this pond meets the intention of <br />4.05.9(13)(f). <br />TR -77 2 06/12 <br />