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(h) The minimum top width of the embanlanent, for all struc- <br />lures that do not meet the size criteria of the State Engineer in <br />accordance with 4.05.6(10) below, shall not be less than the quo- <br />tient of (H+35)/5 where H, in feet, is the height of the embanlonent <br />as measured from the upstream toe of the embanlanent. <br />Besponse: Construction of the embanlnnent of each detention basin <br />will conform to the requirements of this &ule, and to the standards <br />of good engineering practices. Please refer to Figure 4a for pro- <br />posed embanl®ent designs. <br />(9) Ponds shall not be removed until the disturbed area is re- <br />claimed, herbaceous cover on the revegetated area is at least 90% of <br />the cover of the reference area or other standard approved pursuant <br />to 4.15.7(2) with 90% statistical confidence for herbaceous vegeta- <br />lion communities or SO% statistical confidence for woody vegetation <br />communities, the untreated drainage from the disturbed area ceases <br />to contribute additional suspended solids above natural conditions, <br />and the drainage entering the pond meets applicable State and Feder- <br />al water quality requirements, if any, for receiving streams. When <br />the sedimentation pond is removed, the affected land shall be re- <br />graded and revegetated in accordance with 4.13, 4.14, and 4.15.1- <br />4.15.3, unless the pond has been approved by the Division for reten- <br />lion as compatible with the approved postmining land use in accor- <br />dance with 4.16. If the Division approves retention, the sedimenta- <br />lion pond shall meet all the requirements for permanent impoundments <br />of 4.05.9 and 4.05.17. <br />