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 The wetland mitigation was constructed by the previous mine owner in the summer of 2008 with the exception of the native tree plantings which were not completed. An as-built summary of the mitigation work was completed by BWC on October 24, 2008. The as-built drawing of the work from this summary (see Figure 2. Wildcat Mining Plan View As-built Survey) is included in Appendix A of this report. As described in the 2008 summary, approximately 1,770 square-feet of mitigation wetlands were constructed, which represents a mitigation ratio of 3.7:1 based on 0.011 acre of impact. The mitigation sites were observed by R Squared Inc. who then prepared a monitoring report dated September 28, 2010. This report indicated that the emergent wetland was in good condition with 75 percent cover consisting mostly of wetland species (rated facultative or wetter). However, the scrub-shrub wetland had only 54 percent survival of planted species with most plants exhibiting dieback and re-sprouting from the base. R Squared Inc. indicated that the hydrology of the scrub-shrub wetland may not be adequate. This report recommended that the required riparian trees (40 narrow-leaf cottonwoods and 20 blue spruce) be planted, and also that the hydrology of the scrub-shrub wetland be evaluated to determine if it is adequate. The mitigation sites were observed by BWC on June 5, 2012. The percent cover of the emergent wetland site was approximately 80 percent, with all plants being wetland species and the non-vegetated area consisting of shallow open water. Photos 1 to 3 in Appendix B show the condition of the emergent wetland mitigation area. The survival rate for the scrub-shrub wetland was 79 percent, though most growth was basal re-sprouting. The understory of the scrub-shrub wetlands was sparse and consisted mainly of litter (see Photos 4 to 6 in Appendix B). The success criteria and observations of the mitigation site are summarized in Table 1. The observations indicate that the emergent wetland site has met the success criteria and, while the survival rate is relatively high, the growth of the willows at the scrub-shrub site is less than robust. A 2012 Annual Wetland Mitigation Monitoring Report was prepared by BWC and provided to the USEPA and Corps. 3.0 SUMMARY OF ORDER FOR COMPLIANCE The Order alleges that construction of the access road was not completed according to the design authorized in NWP 14, and that the site lacked the required stormwater management controls. Subsequent inspections by the Corps found that material from the access road was being eroded into the La Plata River and that fill was stockpiled in the mitigation area. June 2016 Bikis Water Consultants, a division of SGM Page 4 Case 1:16-cv-02008-WYD Document 2 Filed 08/08/16 USDC Colorado Page 34 of 82