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Brock Bowles <br />Page 5 of 8 <br />December 12, 2014 <br />Rules 4.04(1)(b), 4.04(2), and 4.04(3): WFC has designed and constructed sediment control <br />measures in conjunction with support facilities to prevent additional contributions of suspended <br />solids to streamflow or runoff outside the permit area. All disturbed area runoff will be treated in <br />one of three proposed sedimentation ponds, as discussed under Rule 2.05.3(4), above. <br />Rule 4.05 Hydrologic Balance <br />Rule 4.05.2(1): All disturbed area runoff will be treated in one of three proposed sedimentation <br />ponds, as discussed under Rule 2.05.3(4), above. <br />Rules 4.05.2(2) and 4.05.6(7): Section 2.05.4 of the approved permit application package indicates <br />that ponds will not be removed until the Division has approved their removal through the bond <br />release process. <br />Rule 4.05.2(3): WFC has not proposed, nor has the Division granted, an exemption from the <br />requirement to treat surface water drainage in a sedimentation pond or other treatment facility. <br />Rules 4.05.2(6) and (8) and 4.05.5(1) and (2): The three proposed sedimentation ponds have been <br />designed to treat mixed drainage from disturbed and undisturbed areas to meet applicable effluent <br />limitations. One of the ponds, Pond NHN -001 has been constructed; the other two ponds will be <br />constructed as mining operations move northward. Discharge monitoring reports submitted to the <br />Division by WFC and Division site inspection reports indicate that Pond NHN -001 has not yet <br />discharged. <br />Rule 4.05.6(1)(a): WFC did not construct Pond NHN -001 prior to any disturbance of the area to be <br />drained to the pond, and was cited in Notice of Violation No. CV- 2012 -006 for violation of Rule <br />4.05.6(1)(a). The currently approved plan requires construction of Ponds NHN -002 and HNH -003 <br />prior to any disturbance within the drainage areas for those ponds. <br />Rule 4.05.6(1)(b): The currently approved locations for the three proposed sedimentation ponds <br />are as near as practicable to the disturbed area and outside of any perennial streams. <br />Rule 4.05.6(2): The three proposed sedimentation ponds have been designed in compliance with <br />Rules 4.05.6 and 4.05.9, and WFC has committed, in Section 2.05.3(4) of the approved permit <br />application package to maintain the ponds as designed. The Division has raised a concern that <br />Pond NHN -001 may not have been constructed as designed and therefore may not be in <br />compliance with Rules 4.05.6 and 4.05.9. <br />In the Division's June 3, 2014 inspection report, slope measurements on the inner slopes of Pond <br />NHN -001 were reported to be 51% and 53 %. The approved design and as -built certification <br />