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RULE 4 PERFORMANCE STANDARDS <br />regional practices on similar rangelands. Since the source of water is surface runoff from <br />revegetated areas the quality of the water will meet the requirements of the intended use. <br />The post- mining impoundments have slopes of 3h:ly or less to provide easy access to both <br />livestock and wildlife. These impoundments and any associated ditches, while intended to be <br />permanent, will be classified as temporary until the requirements of Rule 4.05.9 are met. Prior to <br />construction, all designs are submitted to the Division. A copy of the as -built design information <br />will be submitted after construction for inclusion into Exhibit 7, Item 23. In addition, <br />sedimentation ponds that are subsequently approved as part of the post- mining land use, as shown <br />on the hydrology Map 4113, will remain as permanent impoundments after the requirements of <br />Rule 4.05.9 have been met. Please refer to Section 4.05.6 for additional information regarding <br />compliance with Rule 4.05.9(7)(a thru e). <br />All embankments, impoundments, and associated structures will be revegetated if construction <br />materials are conducive to plant growth. If not, rock or gravel will be used on the embankments. <br />The quarterly routine inspections of these structures will be conducted as required by Rule <br />4.05.9(17) if and until a waiver is granted to allow for annual inspections of these structures in the <br />future. As per Rule 4.05.9(14) requirements, inspections performed during and after construction <br />of these structures will be performed by a qualified registered professional engineer or other <br />qualified professional specialist under the direction of a professional engineer. The inspections <br />will be made regularly during construction, at completion of construction, and at least annually <br />(quarterly until such a time as annual inspections are requested from granted by DRMS) until <br />removal of the structure or release of the performance bond. The qualified registered professional <br />engineer shall provide the Division with a certified report that the impoundment has been <br />constructed and /or maintained as designed, and in accordance with the approved plan and the <br />applicable regulations. As per Rule 4.05.9(15), certified inspection reports shall include <br />discussion of: <br />1) Any appearance of erosion, instability, structural weakness or other hazardous <br />conditions; <br />2) Existing and required monitoring procedures and instrumentation; <br />3) The depth and elevation of any impounded waters at the time of the certified report; <br />4) Existing storage capacity of the impoundment; and <br />5) Any other aspects of the structure affecting stability, or requiring maintenance. <br />Colowyo will maintain a copy of each certified report at the mine site. <br />Colowyo successfully demonstrated that failure of small impoundments would not create a threat <br />to public health and safety or threaten significant environmental harm. A written safety <br />demonstration completed by a professional engineer is located in Exhibit 7, Item 11 of the <br />existing permit document in accordance with rule 4.05.9(18)(b). None of the small post- mining <br />impoundments act as primary sediment control structure for a particular area; they are all <br />constructed in reclaimed areas of the mine to enhance the approved postmining land use; they are <br />all under two -acre feet. <br />All impoundments will be maintained according to the specifications set forth in this part. <br />Maintenance for impoundments may include (if necessary) mowing and cutting of excess <br />vegetative growth for the purpose of facilitating inspections and repairs including keeping <br />ditches, culverts, spillways, and other outflow structures free of debris. All combustible material, <br />other than mulch or other material needed for erosion control and surface stability (vegetative <br />growth) will be removed. <br />Collom — Rule 4, Page l l Revision Date: 9/28/11 <br />Revision No.: PR -03 <br />