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12 <br />Rule 3.03.1(5) requires that reclamation of temporary drainage and sediment control facilities be <br />conducted incompliance with the approved plan, and that vegetative cover be adequate to control erosion <br />and be similar to surrounding areas. Such areas are not subject to the l0 year bond liability period, or <br />the specific bond release criteria of 3.03.1(2). <br />As described on page 3 of the bond release application, certain temporary drainage structures were <br />reclaimed in 1997, and certain associated modifications were conducted to "tie in" the permanent <br />drainage channel to the adjacent reclaimed slopes and the permanent impoundment. Specifically, the <br />lower segment of the permanent channel which had originally bypassed the pond was reclaimed, and a <br />new lower segment (approximately 100 feet in length) vas extended into the impoundment in <br />conformance with the approved "Post Reclamation Drainage System Map". Additionally, as approved <br />and depicted on the map, the berms along either side of the major drainage channel were breached at <br />several locations so that runoff from the reclaimed slopes would enter the drainage channel. In one <br />location, one of the breaches was built up and extended to ensure proper functioning as requested by <br />DMG in the spring of 1998. Several ditches associated with the reclaimed refuse disposal area, including <br />the refuse pile upper diversion ditch, "temporary terrace ditches", and the lower perimeter ditch along <br />the southwest comer of the refuse area were left in place . The only ditch which has required occasional <br />maintenance during the liability period is the refuse upper diversion ditch, described previously in this <br />report. The remaining ditches have been maintenance free, and in most areas support well established <br />stands of perennial grass, saltbush, and sagebrush. Segments of a ditch similar to the terrace ditches on <br />the slope west of the permanent channel, constructed initially for erosion control, were also left in place. <br />Like the other ditches, it ties in to the permanent channel, is stable, and supports well established <br />vegetation. <br />There is satisfactory 1st year establishment of seeded perennial vegetation on reclaimed channel areas <br />and berm breaches seeded in fall, 1997, as well as volunteer establishment of riparian vegetation along <br />the relocated lower permanent channel segment. The one breach location which vas re-disturbed earlier <br />this year has been seeded but the seed has not yet germinated. The disturbed area is approximately 50 <br />to 75 feet in length by 5 feet wide. Due to the limited extent of disturbance, the lack of vegetative cover <br />in this location is not considered to be significant, with respect to the bond release decision. In the <br />Division's judgement, the final drainage system as modified in 1997 complies with the approved permit, <br />and provides for an erosionally stable and functional landscape. <br />Construction and Performance of Permanent Impoundments <br />The existing sediment pond on site has functioned effectively throughout the life of the operation. The <br />embankment, and primary and emergency spillways have been demonstrated by the operator to be <br />adequate to comply with applicable requirements for permanent impoundments. The embankment is well <br />stabilized with perennial grass, with no indication of surface erosion or instability. <br />Compliance with the permanent impoundment requirements of Rule 4.05.9(I)(a) through (i), is addressed <br />on page 5 and 6 of the bond release application, and pages 129, l29(a), and 130 of the permit application <br />