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and away from the streambed and floodplain of the receiving stream <br />of Middle Creek. The pond will be constructed prior to additional <br />disturbance in the tributary watershed. <br />(2) The design, construction, and maintenance of a sedimentation <br />pond or other sediment control measures in accordance with 4.05.6 <br />shall not relieve the person from compliance with applicable ef- <br />fluent limitations as contained in 4.05.2. <br />Response: The applicable effluent Limitations listed in NPDES Per <br />mit No. CO-0036021 for the Niddle Creek Mine will be adhered to. <br />(3) Sedimentation ponds shall be designed, constructed and main- <br />tained to: <br />(a) Provide storage for the runoff or inflow entering the pond <br />as a result of a 10-year, 24-hour precipitation event, any addi- <br />tional storage resulting from the average inflow from any under- <br />ground mine, and the inflow from any water to be pumped from the pit <br />into the sedimentation pond. In determining the runoff volume, the <br />characteristics of the mine site and reclamation procedures, and on- <br />site sediment control practices shall be considered. Runoff di- <br />verted from the undisturbed drainage areas and not passed through <br />the sedimentation pond, in accordance with 4.05.3 and 4.05.4, need <br />not be considered in sedimentation pond design; <br />(b) Provide for a minimum sediment storage volume and periodic <br />sediment removal; <br />