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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the <br />inspection and the facts or evidence supporting the enforcement action. <br />marker was present and showed no problems with the sediment level. <br />The water level in East Pyeatt no. 3, NPDES no. 011, was 2 feet <br />below discharge. The embankment appeared to be stable and the <br />concrete single open channel spillway was functional. There was no <br />erosion at the spillway outfall. A sediment cleanout level marker <br />was present and indicated no problems. The flume is located about <br />200 feet below the East Pyeatt no. 3 pond. This was the original <br />location of the flume during baseline surface water monitoring, and <br />it had been decided by Trapper not to relocate the flume to the <br />pond outfall. The flume had a continuous recorder on it. Just <br />below the East Pyeatt no. 3 pond, but above the flume, is a spring. <br />The spring actually emanated from several locations along the <br />drainage between the East Pyeatt pond no. 3 and the flume. At the <br />flume the flow from the spring was about 40 gpm. The flume is <br />located where it catches runoff from a drainage area below the <br />pond, as well as pond discharge and spring flow. <br />The operator has stated that they consider this spring to have been <br />present pre-mining and that, even though mining is a considerable <br />distance from the spring, Trapper has done voluntary annual water <br />monitoring according to list A-1 on page 4-241c of the PAP, similar <br />to the spoil spring water monitoring program, for at least the last <br />two years. The Division added that there are several ground water <br />wells located nearby that monitor the impacts of mining on the <br />ground water system. At the request of OSM, Trapper stated that <br />they would find documentation that this spring was pre-existing. <br />OSM also would prefer that this spring be sampled for additional <br />parameters in order to demonstrate whether or not this spring has <br />been affected by mining. The Division stated that they would <br />investigate the matter. <br />There was no water in Middle Pyeatt no. 3, NPDES site no. 009. This <br />pond rarely has water in it. The embankment was stable and the <br />concrete single open channel spillway had design capacity. The <br />flume was intact and had no continuous recorder on it. No problems <br />with the sediment level were indicated by the sediment cleanout <br />level marker. There was no erosion at the outfall. <br />The West Pyeatt pond no. 2, NPDES site no. Oi3, was also dry. The <br />flume, without a continuous recorder, was intact. No problems were <br />observed with the embankment, the concrete single open channel <br />spillway, or with the sediment level, as indicated by the sediment <br />4 <br />