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• State Ree. <br />4.05.9(1)(d) Since the two ponds have valid water rights and the dischazge waters meet the <br />numerous standards for the receiving stream, the impoundment waters will not <br />result in the diminution of the quality or quantity of water available to water right <br />holders. Downstream water right holders are presently receiving water released <br />from these impoundments with no adverse effects. SCC understands that the <br />Division Engineer has the authority to order the installations of low-level <br />outlets capable of releasing all storage from the structures or breech of the <br />structure to assure that senior appropriators receive the water to which they <br />aae entitled by law. The landowners will be fully informed of the State <br />Engineers authority in this regard. <br />SCC will leave the 6-inch electric pump currently installed at Pond 002 to <br />allow the release of out-of-priority inflows nail the out-of-priority inflows that <br />replace evaporative loses, if and when requited. Discharge from this pump <br />will flow via ditch to the discharge culvert under the permanent road and <br />continue to discharge to the Little Grassy Creek drainage. SCC will also <br />provide a 6-inch diesel pump at the Pond 003 impoundment to allow the <br />release ofout-of-priority inflows and the out-of-priority inflows that replace <br />evaporative losses, if and when requited. Water will be pumped from the <br />impoundment and dischazged to the existing outlet ditch that empties to <br />Grassy Creek. The pumps will be maintained in art operable condition. <br />4.05.9(1)(e) Neither pond is more than 1,000 acre-feet in capacity. Both ponds will be indsed <br />. following final reclamation. The surface area of the Wadge Impoundment (Pond <br />002) is about I1 acres and the surface azea of the Northwest Impoundment (Pond <br />003) is 0.8 acres at the final spillways. Consequently, the provisions of this rule do <br />not apply. <br />4A5.9(1)(f) The size of both impoundments is adequate to supply water to livestock and <br />wildlife. <br />4.05.9(1)(y~ Peabody Coal Company feels that the above arguments demonstrate that both <br />impoundments will be adequate for the approved postath~ing land use. <br />4.05.9(3) The side slopes of the Northwest Impoundment aze less than 2V:IH required by <br />this rule. The steepest slope is 0.6V:1H located on the western bank <br />The side slopes of the Wadge Impoundment aze also less than 2V:1H required by <br />this Wile. The steepest slope is 1.8VaH located on the eastern bank. Since <br />reclamation of the eastern side slopes in this prelaw area has been successful, <br />Peabody does not propose any new disturbances to this tedaitned area. <br />• <br />4.05.9(4) The final reclamation azound both impoundments will stabilize the side slopes and <br />stream channels to minimive erosion about the ponds. <br />4.05.9(5) Disturbed areas around both impoundments Following final grading with Seed Mix <br />No. 2 specified in Tab 72 of Permit C-80-005. Any gullies around the <br />impoundments will be repaired as approved in Minor Revision No. 15. <br />TR-37 <br />7-10-14 <br />Revised 08/06 <br />