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r~ <br />U <br /> <br />WELBORN DUFFORD BROWN ~ TOOLEY, P. C. <br />Mr. Gregg Squire <br />January 4, 1988 <br />Page 2 <br />The drainage structure was constructed initially in <br />1983 in non-retopsoiled spoil and the location was finalized <br />in 1986. A small portion of the lower or northern end had <br />topsoil placed across it in that latter stages of <br />construction. Reclamation, including perennial seeding, <br />started in the area in 1983 and was completed in 1986. <br />In order to control runoff through the drainage <br />structure and to satisfy the stockpond requirement for the <br />postmining land use, two stock ponds were constructed in <br />1986. Since these ponds were found insufficient in total <br />storage volume for runoff, two additional ponds were <br />constructed in 1987. The upper three ponds were intended to <br />allow for final regrading and stabilization practices to <br />take place along the length of the drainage structure in <br />1988. Thus, all but possibly localized, minor erosion was <br />controlled before the NOV was issued. <br />In addition, any eroded spoil from the drainage <br />structure flows to Coyote Dam, a sediment control facility <br />located down drainage. Any small amount of topsoil in this <br />runoff was insignificant since Trapper has no topsoil <br />deficiency for final reclamation. The attached NPDES report <br />forms are evidence that no offsite impacts occurred in 1987. <br />Since the drainage structure was primarily <br />constructed in spoil and all runoff goes to a sediment <br />control facility, no on site or offsite environmental <br />impacts occurred. Also, the entire structure is still in <br />the process of being constructed. The goal is that once all <br />construction and stabilization practices are complete, it <br />will be sufficiently stable to carry runoff. Therefore, the <br />alleged violation was insignificant, no performance <br />requirements were violated, and the monetary assessment for <br />seriousness should be zero. <br />Fault <br />The drainage structure was begun in 1983 and its <br />final location at the north end was completed in 1986. In <br />1986, Trapper recognized that additional measures were <br />needed to promote stabilization along the length of the <br />drainage structure. Thus, a stock pond was constructed in <br />the upper part of the watershed and at the outlet to Coyote <br />drainage. At the time, it was felt that the two ponds would <br />be sufficient to initiate structure stabilization. However, <br />drainage through the structure in 1987 indicated that <br />additional livestock ponds could be served by the area, and <br />