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State Req. • 4.05.9 5. Permanent Impoundments. Peabody Coal Company proposes to leave sediment pond 006 as a permanent impoundment following reclamation of disturbed lands. The function of this permanent impoundment will be to replace a livestock and wildlife watering pond which will be destroyed by mining (see Section II B 7). To this end, Peabody Coal Company has applied for water rights on pond 006 (see Appendix 7-5). Until such time as Peabody Coal Company receives the water right, the 006 pond will not be allowed to impound surface water. Any surface water will be pumped out to down- stream users as soon as effluent limitations are met. If the water right has not been received by the end of mining, the 006 pond will be reclaimed to the same size as the present water right for Temple Pond No. 2. The woter quality of the pond will likely be suitable for the proposed postmining land use (livestock grazing and wildlife) as evidenced by surface water quality data collected at the Seneca II Mine. Ongoing NPDES monitoring at pond 006 will provide site-specific water quality data. Other criteria of Colorado MLRB Regulation 4.05.9 concerning pond design and sizing have been met. • 4.03.1(4) C. DITCHES. Each haul road and topsoil stockpile will be designed, constructed, and maintained to hove adequate drainage using ditches and culverts to safely convey the peak runoff from a 10-year, 24-hour precipitation event. See Exhibit 12-I for general locations and Exhibit 12-7 for details of drainage structures. Drainage ditches will be placed at the toe of all cut slopes formed by the construction of haul roads. Water will be intercepted before reaching a switchback or large fill and drained safely away in accordance with the requirements of Colorado MLRB Regulation 4.03.1. Water from a fill or switchback will be released below the fill Through conduits or in riprapped channels and will not be discharged onto the fill. In order to more effec- tively protect the slopes below haul roads and access ponds, Peabody Coal Company proposes to utilize alternative specifications for culvert spacing as allowed for in Rule 4, Part 4.03.1(4)(e)(vi). Ditch relief cross drains will not be spaced per Part 4.03.1 (4)(e)(vi)(A) since the required spacing would • concentrate cross drainage and create erosion on slopes that are not now subject to concentrated gullying. The alternative proposed is to carry drain- 7-169 Revised September 23, 1985