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Section 816.49 (a) Continued. <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 con- <br />structed and maintained under the Watershed Protection and Flood Pre- <br />vention Act, Pub. L. 83-566 (16 U.S.C. 1006). Requirements for impound- <br />ments that meet the size or other criteria of the Mine Safety and Health <br />Administration, 30 CFR 77-216 (a) are contained in U.S. Soil Conservation <br />Service Technical Release No. 60, 'Earth Dams and Reservoirs', June <br />1976. Requirements for impoundments that do not meet the size or other <br />criteria contained in 30 CFR 77.216 (a) are contained in U.S. Soil Conser- <br />vation Service Practice Standard 378, 'Ponds', October 1978. The tech- <br />• <br />nical release and practice standard are hereby incorporated by reference <br />as they exist on the date of adoption of this Part. Notices of changes <br />made in these publications will be periodically published by OSM in the <br />Federal Register. Technical Release No. 60 and Practice Standard 378 <br />are on file and available for inspection at the OSM Central Office, U,S. <br />Department of the Interior, South Interior Bldg., 1951 Constitution <br />Ave., N.W., Washington, D.C., 20240, at each OSM Regional Office, <br />District Office, and Field Office and at the Central Office of the <br />applicable State regulatory authority, if any, Copies of these publi- <br />cations may also be obtained by writing to the above locations. Copies <br />of these publications will also be on file for public inspection at the <br />Federal Register Library, 1100 L Street, N.W., Washington, D.C. Incor- <br />poration-by-reference provisions have been approved by the Director of <br />the Federal Register, February 7, 1979. The Director's approval of this <br />incorporation by reference expires on July 1, 1980. <br />(6) The size of the impoundment is adequate for its intended purposes. <br />816-64 <br />