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Section 81G.49 (a) Continued. <br />L <br />(4) Water impoundments shall not result in the diminution of the <br />quality or quantity of water used by adjacent or surrounding landowners <br />for agricultural, industrial, recreational, or domestic uses. <br />(5) The design, construction, and maintenance of structures shall <br />achieve the minimum design requirements applicable to structures <br />constructed and maintained under the Watershed Protection and Flood <br />Prevention Act, Pub. L. 83-566 (16 U.S.C. 1006). Requirements for <br />impoundments that meet the size or other criteria of the Mine Safety <br />and Health Administration, 30 CFR 77-216 (a) are contained in U.S. Soil <br />Conservation Service Technical Release No. 60, 'Earth Dams and <br />Reservoirs', June 1976. Requirements for impoundments that do not meet <br />the size or other criteria contained in 30 CFR 77.216(a) are contained <br />in U.S. Soil Conservation Service Practice Standard 378, 'Ponds', <br />October 1978. The technical release and practice standard are hereby <br />incorporated by reference as they exist on the date of adoption of this <br />part. Notices of changes made in these publications will be <br />periodically published by OSM in the Federal Register. Technical <br />Release No. 60 and Practice Standard 378 are on file and available for <br />inspection at the OSM Central Office, U.S. Department of the Interior, <br />South Interior Bldg., 1951 Constitution Ave., N.W., Washington, D.C., <br />20240, at each OSD1 Regional Office, District Office, and Field Office <br />and at the Central Office of the applicable State regulatory authority, <br />if any. Copies of these publications may also be obtained by writing <br />to the above locations. Copies of these publications will also be on <br />file for public inspection at the Federal Register Library, 1100 L <br />Street, N.W., Washington, D.C. Incorporation-by-reference provisions <br />have been approved by the Director of the Federal Register, February 7, <br />1979. The Director's approval of this incorporation by reference <br />expires on July 1, 1980. <br />(6) The size of the impoundment is adequate for its intended purposes. <br />• (7) The impoundment will be suitable for the approved postmining land <br />' use. (See Section 780.25) <br />816-51 Revised 02/09/88 <br />