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This was an area of concern during the Phase I bond release <br />and DMG was informed that this area could not be released <br />until the area was properly graded. DMG later informed AFO <br />that this work had been accomplished. AFO did not do a <br />followup inspection to insure completion of the work since two <br />trips had already been made to the site. Since AFO relied on <br />DMG to insure completion of the grading and has now discovered <br />after the Phase I release that the work was not accomplished a <br />Ten-Day Notice (TDN) will be issued. <br />Also included in the TDN will be the failure to maintain the <br />silt fences located in the diversion on the west side of the <br />barren ridge. The silt fences in this diversion have been <br />completely washed out and covered with sediment. The <br />diversion itself shows significant erosion. This area is not <br />included in the bond release and these structures must be <br />maintained. <br />The dryland vegetation reference area is located in the pinon- <br />juniper vegetation type. There is no shrub or tree standard <br />for the reclaimed area and it is planned for a dryland meadow. <br />The reference area contains trees, however these are not <br />.' indicated in the cover data for this area. It appears the <br />reference area is not properly represented by the reclaimed <br />area and would therefore provide a poor standard for <br />vegetation success. <br />There is no mention of the recharge capacity of ground water. <br />The applicant. must demonstrate that the ground water recharge <br />capacity has_been restored_to a condition_that: _ <br />1. Supports the approved postmining land use. <br />2. Minimizes disturbances to the prevailing hydrologic <br />balance in the permit and adjacent areas. <br />3. Provides a rate of recharge that approximates the <br />premining recharge rate. <br />The quality of the surface and ground water must also be <br />tested to eliminate any concerns of pollution. This <br />information must come from current water monitoring. <br />As stated earlier no documentation has been provided to <br />indicate that Kaiser has complied with the all of the <br />requirements of Rule 3.03.2. <br />Finally, OSM is an interested party in the decision to release <br />or not release part of the performance bond. OSM has not <br />received written notification as to DMG's decision. DMG must <br />render a decision as regards release of the bond within 30 <br />days after the completion of the inspection or 30 days from <br />5 <br />