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<br />III. Comments - Compliance <br />Below are particular issues with regard to any of the above compliance items. Enforcement <br />actions resulting from failure to comply with the Act, Rules and Regulations, and the permit <br />also are identified below. <br />Hydrologic Balance (4.05) <br />1. Two problems were noted in the June inspection report with respect to the East Undisturbed <br />Diversion. Problem 034-83-02 required that a boulder be removed from the ditch and <br />Problem 034-83-02 noted dips in several sections of the Diversion and specified that <br />necessary repairs be made to restore the proper grade prior to July 15, 1983. NOV 83-25 has <br />been issued as a result of this problem. <br />The operator was reminded on the July 13, 1983 inspection that the compliance deadline was <br />July 15, 1983. On a follow-up inspection on the 15th, Mr. Re~chke indicated that a backhoe, <br />had been transported to the site, but it was determined that d small dozer would be better <br />suited to accomplish the task. Thus, the ditch had not been repaired within the compliance <br />timeframe. NOV 83-25 will be issued for failure to maintain th,e diversion so as to prevent, <br />to the extent possible, additional contributions of sediment to streamflow and failure to <br />minimize erosion to the extent possible. <br />2. Due to the fact that development of the "D" seam mine may be indefinitely delayed, the <br />operator has requested that the existing sediment control sys:em approved under the interim <br />program be approved as a part of the permanent program permit: Certification that the <br />existing sediment pond has been constructed as designed, as required by Rule 4.05.6(7) <br />shall be submitted to the Division by September 1, 1983. <br />Excess Spoil and Development Waste (4.09) <br />1. Grading, compacting and temporary covering of the existin~,~ wash:: had been completed. <br />Quarterly certification that the fill has been constructed as desiciried as required by <br />Rule 4.09.1(11) is to be submitted to the Division by Septem~~r 30;_1983. <br />2. Due to the present status of Red Canyon feline, active disposal :~f significant amounts of <br />waste within the refuse disposal is not anticipated in the imrediat~ future. As a result, <br />the operator proposes to cover the compacted waste with appro:•imate~~y 6" of available cover <br />material and seed with a stabilization seed mix. <br />Temporary revegetation of the pile was discussed with the ope ator. It is recommended that the <br />covered refuse be either drill seeded and mulched with hay (c~'imped in) or broadcast seeded <br />and hydromulched. Drill seeding would probably be more successful; due to the soil coverage <br />which results from drilling. Stockpiled cover material shoulc be t~roadcast seeded, raked <br />and mulched. <br />3. The Division would encourage the development of test plot: for comparing the effect of <br />various depths of cover material and assessing the characteri_.tics of plant species for use <br />in final reclamation of the refuse pile. Given the suspect cl~emical nature of the refuse, <br />test plot documentation will be required if a cover depth of less than 4 feet is proposed <br />for final reclamation. <br />