2016-08-10_GENERAL DOCUMENTS - M1981185 (2)

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Final -Restoration and Compliance Plan for May Day Idaho Mine Complex Administrative Order for Compliance, Docket No. CWA-08-2012-0011 1.0 INTRODUCTION/PURPOSE This Restoration and Compliance Plan (Plan) was prepared to describe the removal of fill material and restoration of "waters of the United States" (Waters) as required by the "Administrative Order for Compliance, Docket No. CWA-08-2012-0011" (Order) issued to Wildcat Mining Corporation (Wildcat) by the U.S. Environmental Protection Agency (USEPA) on April 9, 2012, and to describe the proposed approach for meeting Section 404 permitting requirements for new, unavoidable impacts to wetlands at the May Day Idaho Mine complex. The purpose of the work described in this Plan is to restore the areas of unauthorized fill to their pre-impact condition and aquatic functions, and to provide additional mitigation to compensate for the new proposed impacts. This Plan was prepared consistent with guidelines entitled "U.S. Environmental Protection Agency, Region 8 -Clean Water Act Section 404 Enforcement: Removal/Restoration Plans and Habitat Mitigation /Monitoring Proposals" and with the "404(b)(1) Guidelines" set forth in 40 CFR Part 230. This Plan was prepared consistent several conversations with Region VIII USEPA and U.S. Army Corps of Engineers (Corps) Durango Office staff in December 2012, January 2013, and May 2016 pertaining to the new proposed work and appropriate compensation. This plan also addresses the comments received from USEPA and the Corps on March 2013 draft Plan and Final Plan prepared in early June 2016. The following information specified in the Order are also provided: 1) a detailed work plan and schedule; 2) a delineation of wetlands and Waters; 3) locations of existing natural features and improvements; 4) grading, planting, and monitoring plans; 5) success criteria for the mitigation; 6) dravyings of the restoration yvork to be accomplished; and 7) a description of the costs to prepare and implement the Plan. In addition, the Plan includes measures to bring the compensatory mitigation into compliance with the March 4, 2008 authorization under Section 404 Nationwide Permit No. 14 (NWP 14) issued for impacts from the mine access road along the La Plata River. This Plan is consistent with the Colorado Division of Reclamation Mining and Safety (DRMS) rules and regulations, Mine Safety and Health Administration (MSHA) and Occupational Safety and Health Administration (OSHA) standards, and the Colorado Water Quality Control Commission Rules and Regulations. June 2016 Bikis Water Consultants, a division of SGM Page 1 Case 1:16-cv-02008-WYD Document 2 Filed 08/08/16 USDC Colorado Page 31 of 82