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• Water Division No. 5, Case No. W-2979 granted the No. 1 Mine a water right for 101 <br />gallons per minute with an appropriation date of June 30, 1963. Water Division No. 5, <br />Case No. W-2980 granted the No. 3 Mine a water right for 21 gallons per minute with an <br />appropriation date of December 31, 1962. These water rights should be adequate to <br />satisfy state requirements for storing water in the sediment pond. <br />Rule 4.05.9(1)(a) requires the operator to demonstrate the quality of the impounded water <br />is suitable on a permanent basis for its intended use. Discharge from the mine water <br />treatment system is analyzed in June of each year for pH, conductivity, temperature, TDS, <br />TSS, Bicarbonate, Calcium, Chloride, Copper, Iron, Magnesium, Manganese, Sodium, <br />Sulfate and Zinc. Results of the analysis are presented in the annual hydrology reports. <br />In order to leave the sediment pond in place it must conform to the requirements of Rule <br />4.05.9. Following is a discussion of the sediment pond as it relates to Rule 4.05.9. <br />4.05.9(1) Permanent Impoundments <br />• (a) The water impounded will be effluent from the treatment ponds which will be <br />suitable for wildlife use. Wildlife and cattle have consumed water from the <br />treatment ponds since they were constructed in 1988. The effluent also meets <br />applicable State and Federal water quality standards. <br />(b) The level of water attainable in the pond is unknown at this time. The source of <br />water for the pond is discussed above. <br />(c) Wildlife should have no problem with safety and access to the impounded water. <br />The pond embankment slopes are 2.5h:1 V. <br />(d) The issue of water rights is discussed above. <br />(e) The U. S. Soil Conservation Service Public Standard 378, "Ponds", Colorado, <br />January, 1989 provides information on the design of permanent impoundments. <br />Nearly all of the requirements of Standard 378 are duplicated in DMG Rule 4.05.6 <br />Sedimentation Ponds. There are a few requirements of Standard 378 that are not <br />. specifically addressed in Rule 4.05.6 as follows: <br />4-iv (Rev. 5/01) <br />