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RULE 4 PERFORMANCE STANDARDS <br />system where water is allowed to discharge automatically as necessary. Colowyo will sample discharges <br />as appropriate to remain in compliance with applicable CDPS Permit requirements. Pond dewatering <br />through a manual headgate may be performed as necessary to lower the water level depending on <br />operational requirements. Manual dewatering of ponds will meet applicable CDPS Permit standards. <br />Discharge from sedimentation ponds will be controlled by energy dissipaters and flow check devices <br />where necessary. All ponds utilize separate primary and emergency spillways with the emergency <br />spillway located at a minimum of 1 foot above the elevation of the principal spillway. The emergency <br />spillways are designed to pass the 25-year/24-hour storm event in accordance with Rule 4.05.6(5). The <br />design requirements can be found on each of the pond as-built drawings or in Exhibit 7, Item 15. All <br />sedimentation ponds will provide a non-clogging dewatering device or conduit spillway to remove water <br />storage from inflow. <br />4.05.8 Acid-forming and Toxic-forming Spoil <br />Acid forming materials do not exist within the overburden to be removed by the mining operations. A <br />discussion on the overburden at the Colowyo operation has been conducted as set forth in Section 2.04.6. <br />A discussion of the overburden monitoring plan is set forth in Section 2.05. <br />4.05.9 Permanent and Temporary Impoundments <br />Colowyo constructs small impoundments on reclaimed area in accordance with Section 4.05.9 of the <br />CMLRD regulations for Coal Mining, 9/14/05. These small impoundments are essential and basic to the <br />management of the rangeland post-mining land use of livestock grazing and wildlife habitat. The design <br />of the impoundments provides for structures having a vertical height less than five feet from the bottom of <br />the channel to the bottom of the spillway and impound less than two acre feet of water. As such they are <br />exempt from Division of Water Resources, Office of State Engineer requirements. Water harvesting <br />ditches may also be used to enhance the function of the impoundments, which is consistent with practices <br />employed on adjacent rangelands. The locations of the impoundments are shown on May 12 - Hydrology <br />- South additional information is provided in Exhibit 7, Item 11 Small Depressions/Tanks. <br />The impoundments collect surface runoff from precipitation events and snowmelt from reclaimed areas. <br />The impoundments do not result in the diminution of the quality or quantity of water for downstream <br />water users. Colowyo is the holder of water rights immediately downstream. During periods of low <br />precipitation the impoundments may be dry, which is consistent with regional practices on similar <br />rangelands. Since the source of water is surface runoff from revegetated areas the quality of the water <br />will meet the requirements of the intended use. <br />The impoundments have areas of 4h:ly slopes or less to provide easy access to both livestock and <br />wildlife. These impoundments and any associated ditches, while intended to be permanent, will be <br />classified as temporary until the requirements of Rule 4.05.9 are met. Prior to construction, all designs <br />are submitted to the Division. A copy of the as-built design information will be submitted after <br />construction for inclusion into Exhibit 7, Hydrology. In addition, sedimentation ponds that are <br />subsequently approved as part of the post-mining land use, as shown on the hydrology - South Map (Map <br />12), will remain as permanent impoundments after the requirements of Rule 4.05.9 have been met. <br />All embankments, impoundments and associated structures will be revegetated if construction materials <br />are conducive to plant growth. If not, rock or gravel will be used on the embankment. The quarterly <br />routine inspections of these structures were conducted through the first quarter of calendar year 2008 as <br />required by Rule 4.05.9(17). <br />Rule 4 Performance Standards 4.05-6 Revision Date: 6/23/08 <br />Revision No.: MR-91