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d. Permanent retention of [he Moffat, Center Ridge, and West Ridge ponds will not result in the diminution of the quality or quantity of the water available to water rights holders for agricultural, industrial, recreational, or domestic water uses (Rule 4.05.9(1)(d)). The ponds discharge to Trout Creek via unnamed tributaries. There aze no industrial, recreational, or domestic uses of water between the pond outfalls and Trout Creek. There are agricultural (livestock) uses of the unnamed tributaries. Continued monitoring in accordance with the approved water monitoring plan and CDPS permit will be used to verify that there will be no diminution of water quality to those water right holders. Monitoring of Trout Creek downstream of all three pond outfalls, since 1981, supports the prediction that no diminution in quality to water rights holders for domestic, agricultural, industrial, or recreational use is expected. P&M has obtained replacement water rights for those users in the event that water quality is diminished. P&M has obtained water rights to store the permanent pool water in all three ponds. e. The design, construction, and maintenance of the Moffat, Center Ridge, and West Ridge ponds meet the minimum design requirements of the United States Soil Conservation Public Standazd 378, entitled "Ponds", (Colorado, January 1989)(Rule 4.05.9(1)(e)). f. The spillway systems of all three ponds have been designed in accordance with Rule 4.05.6(3)(d). As required, both ponds were constructed with a combination of spillways designed to safely pass flow from a 25 yeaz - 24 hour storm event. Corrugated metal pipes convey runoff from the 10 yeaz - 24 hour event. An open channel spillway exists on each pond to pass flow from the 25 yeaz - 24 hour event (Rule 4.05.9(1)(f)). g. The sizes of the Moffat, Center Ridge, and West Ridge ponds are adequate for recreational, livestock, and wildlife use (Rule 4.05.9(1)(g)). Edna Mine 18 Permit Renewal No. 4