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6 <br />During the bond release inspection, the sediment control system performed normally. Sediment ponds <br />had been inspected during a joint special focus inspection on September 3 and 4 of 1997 and all <br />appeared to be in compliance. All of the livestock ponds located on the reclaimed lands submitted for <br />bond release were functional and appeared to be stable. The open channel spillways were designed and <br />constructed so that water would only be retained in the excavated portion of the pond. <br />Finally, in determining backfilling and grading and drainage reestablishment success, the Division <br />reviewed the additional data supplied by Trapper in the bond release package and in the permit <br />application, as well as the Division's numerous inspection reports over the years. These data included <br />the designs of the approved sediment control system, a summary of Trapper's erosion control efforts <br />and documentation of the compliance history of those structures. The data contained in the NPDES <br />Discharge Monitoring Reports and the Annual Hydrology Reports have consistently shown in- <br />compliance discharges from the sedimentation ponds. A review of the Division's inspection reports <br />over the years have never found any pattern of failure of any of the sedimentation ponds, collection <br />and diversion ditches, and culverts. <br />Division inspection reports over the years also have documented the slope stability of the reclaimed <br />lands. However, there was one instance of local slope instability on reclaimed land, a five acre slide <br />located in the A-pit scraper pit above the ash pit. After remediation work was performed, monitoring <br />has shown that this slide area is now stable. Division inspections have verified this in the field. <br />In addition to evaluating the Phase One partial bond release submittal, the Division also evaluated <br />Trapper's submittal for the conversion of selected livestock water tanks to permanent impoundments <br />and the subsequent release of liability from backfilling and grading of the specificimpoundments. This <br />evaluation was made by examining the data supplied by Trapper in the bond release submittal (Table <br />2.5-1 and Appendix 2.5), as well as through observations made in the field during the bond release <br />inspection of November 1996 and during previous regular field inspections. The conversion of these <br />livestock watering tanks to permanent impoundments was approved through Minor Revision No. 160. <br />Table 2.5-1 lists a total of 72 livestock water tanks. However, not all of the [arks that are listed in the <br />table have been converted to permanent impoundments. Due to an ongoing monitoring program, sotre <br />livestock water tanks have been removed due to an historic trend showing a lack of water in those <br />water tanks. Only the 59 tanks listed in Table 2.5-1 and shown on Map 2.0 of the bond release <br />submittal have been converted to permanent impoundments. Those listed include the 56 water tanks <br />which do not have an asterisk by their designation, plus water tanks JW20, NNEl l and NNE14. Of <br />the remaining 13 tanks that are listed in Table 2.5-1 but do not appear on Map 2.0, all have been <br />removed in the field. Of the 59 tanks proposed for release from Phase One liability, 55 are located on <br />land proposed for Phase One and Phase Two bond release, 3 tanks (EBMO8, EBM09 and NNE11) are <br />located on land submitted for Phase One bond release only, and 1 tank (NNE14) is on land that has <br />not been submitted for any bond release at this time. <br />The requirements for converting a livestock water tank to a permanent impoundment arecovered under <br />Regulation 4.05.9(1). The Division finds that these livestock water tanks are in compliance with this <br />