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

• Permit No: M1981185
• IBM Index Class Name: General Documents
• Doc Date: 8/10/2016
• Doc Name: EPA Enforcement
• From: Operator
• To: DRMS
• Email Name: DMC
• Media Type: D
• Archive: No

Final -Restoration and Compliance Plan for May Day Idaho Mine Complex
Administrative Order for Compliance, Docket No. CWA-08-2012-0011
As discussed with the USEPA and Corps in January 2013, it is proposed to authorize the impact
from the stormwater pond under Nationwide Permit (NWP) 32, since it is a required part of the
new Mine Access Road, and provide additional mitigation to compensate for the impact. A Pre-
Construction Notification (PCN) is included in Appendix H. The additional mitigation that is
proposed to compensate for the impacts from the stormwater pond is described in the following
section.
5.3.3 Wetland Mitigation
Existing mitigation. The native riparian trees will be planted, as required by the NWP 14 issued
for the Mine Access Road. The trees will consist of a minimum of 2-gallon, containerized
nursery stock; 60 narrow-leaf cotton woods and 40 blue spruce trees will be planted adjacent to
the two existing mitigation sites (see Figure 2 in Appendix A).
Additional mitigation -summary of requirements. The mitigation requirements for existing and
proposed impacts were discussed with the USEPA and the Corps on January 15, 2013 to
determine the status of existing mitigation and the total amount of mitigation required. As
discussed in Section 2.1, the only impact to Waters that has been authorized is the 0.011 acre of
impact from the Mine Access Road. At the required mitigation ratio of 1.5:1, 0.017 acre of
mitigation is needed. Per the January 15, 2013 conversation, it was determined by the USEPA
that:
• a mitigation ratio of 1.5:1 is appropriate for all authorized or proposed impacts;
• a ratio of 3:1 is appropriate for unauthorized impacts;
• foil credit vvouid be gives for the emergent wetland mitigation site; and,
• one-half credit would be given for the scrub-shrub mitigation site.
Additional impacts include 0.028 acre from construction of the required stormwater pond (see
Appendix F). Unauthorized impacts include the 0.015-acre of fill to be retained from stabilization
of the Chief Portal.
The mitigation requirements are summarized in Table 3, which shows the mitigation
requirements and credits based on these assumptions, and shows that an additional 0.079 acre
of wetland mitigation is needed. The additional mitigation will be provided at three areas in the
June 2016 Bikis Water Consultants, a division of SGM Page 13
Case 1:16-cv-02008-WYD Document 2 Filed 08/08/16 USDC Colorado Page 43 of 82