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Pond 005 was permitted as a permanent impoundment that treats runoff from 285.6 disturbed acres which drain to Dry Creek. Pond 006 was permitted as a permanent impoundment that is located in a watershed that is tributary to Hubberson Gulch. The pond was constructed in five separate phases as disturbance increased within the watershed. The final (Phase V) design involved a 1.5 foot extension of the principal spillway riser, and elimination of a "pre-settling basin" in the "B" Pit. Phase V spillway modification was completed in August 2003 prior to "B" Pit backfilling. Phase V "As-Built' Certification was completed in March 2004 and was included in TR-48. Pond 009, a temporary sediment pond, treats runoff from the smaller disturbed area which drains to Sage Creek, roughly a 439 acre watershed. Construction of the pond was completed in 1991. Pond 015 was constructed during the summer of 1999 in preparation for development in the Seneca II-W south extension area. The pond treats runoff from a 407 acre watershed that drains into Sage Creek of which only 29.5 acres will be disturbed by mining activities. Pond 016 was constructed in the summer of 2000 in the Seneca II-W south extension area. The pond treats runoff from 382.2 total acres. Discharge from this pond goes into an unnamed tributary of Hubberson Gulch. Pond 016A was constructed to provide sediment control for additional disturbance approved in PR-3. Pond 016A is located in series immediately up-gradient from Pond 016, on a Hubberson Gulch tributary. Embankment and P.E. construction certification for Pond 016A was provided within TR-48, in July 2004. Final certification of all aspects of pond construction was delayed pending assessment and repair of in-slope slumps, which was completed in September 2004. Pond 017, constructed in the fall of 2002, treats runoff From a 955 acre watershed including mine disturbance areas from the southern portion of the south extension of the permit area. The pond is located on upper Hubberson Gulch near the southwest corner of the south extension area. Pond 017 construction certification and "As-Built" designs were included in PR-4 submittal materials. Several of the sedimentation ponds have been proposed as permanent impoundments, and the impoundments would appear to be warranted to facilitate postmine livestock grazing and wildlife use. However, --~ ~ documentation required by Rule 4.05.9(13) has not been provided to allow for approval of any sedimentation ponds as permanent impoundments. The Seneca II-W Findings Document 28 June 12, 2006 Permit Renewal No. 5