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Rule 4.05.9(13)(c). The pond has relatively shallow inslopes (311:1 V or shallower). There are no <br />cliffs or steep dropoffs along any pond margin. <br />Rule 4.05.9(13)(d). There are no water rights held on Pond 009. Pond 009 impoundment will not <br />result in the diminution of the quality or quantity of water available to water rights holders for <br />agricultural, industrial, recreational, or domestic uses except in accordance with applicable state law. <br />Documentation/approval from the SEO for Pond 009 will be forwarded when received. Additional <br />details and discussions are contained in the PAP in Tab 13 and on Exhibit 13 -7A, Sedimentation Pond <br />009 As- Built. <br />Rule 4.05.9(13)(e). Pond 009 has permanent pool surface of approximately 1.4 acres (surveyed in <br />2011). Ponds of this size are typical of stock water impoundments throughout northwestern Colorado. <br />Rule 4.05.9(13)(f). Retention of Pond 009 as part of the post -mine landscape will assist with the <br />proposed post -mine land use of livestock grazing and wildlife /aquatic habitat. Water, especially in the <br />semi -arid mountain west, is an essential component needed to assure livestock and wildlife survival. <br />Without water, the area has marginal utility for animals; consequently, this pond meets the intention of <br />4.05.9(13)(f). <br />TR -77 2 06/12 <br />