_INSPECTION - C1980005 (34) - Laserfiche WebLink

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Ill. COMMENTS - COMPLIANCE Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. wildlife species (an example of one such undisturbed shrub island is visible at the upper end of the reclaimed drainage in Photo 3964). In addition to the undisturbed shrub islands and shrub patches on the reclaimed parcels, it was evident that forage and cover provided by stands with significant component of alfalfa, and the tall structure provided by stands of basin wildrye(Photo 3957) provide important wildlife habitat. Numerous mule deer does with their fawns were jumped from their beds while walking through these habitat types, while grouse droppings (presumably sharptail)were observed in both"native type" sagebrush grass communities and stands with heavy alfalfa component. A sharptail grouse hen and her brood were flushed from an alfalfa/grass community near Pond 16 in BRB-3. There are a number of established sharptail leks within the SL-3 release request area. (4) Erosional features assessment--- Please refer to discussion under"Stability of Reclaimed Surface Lands" previously in this report for a discussion of erosional stability and listing of areas of concern. In general, considering the large expanse of steep slope reclamation included in the bond release area, the number and severity of rills and gullies is minimal, and those that were observed during the inspection should be easily reparable by use of techniques addressed under the approved rill and gully plan. (5) Condition of sediment ponds--- The three sediment ponds within the SL-3 bond release request area (Pecoco, Pond 004 and Pond 008) have all been approved as permanent impoundments. Pecoco was approved as permanent in 1990, Ponds 004 and 008 in 2006. Permanent impoundment demonstrations documenting compliance with applicable criteria of Rule 4.05.9(13)are included in Appendix 7-6G, 7-6c.2 and Appendix 7-6f.4 of the Seneca II permit application documents. Each of these impoundments was full and discharging clear water during the inspection. Pond inlets, discharge structures, and embankments were stable and functioning properly, with no problems evident. (6) Construction and performance of permanent impoundments--- See above discussion regarding sediment pond permanent impoundments. In addition to the three sediment ponds, there are 12 stock ponds approved as permanent impoundments within the SL-3 release request area, to support the postmine livestock grazing and wildlife habitat uses. The stock ponds were approved as permanent in August 2003, and locations are shown on Exhibit 13-2A of the permit application package. The 12 stock ponds approved as permanent impoundments are T-4, T-8, T-16, T-17, T- 20, T-26, T-28, T-29, T-30, T-31, T-32, and T-33. These stock ponds were all observed during the SL-3 inspection, and no problems were noted. Despite the lack of precipitation during June and July, all of the ponds held pools of water, with the exception of T-4 and T-16. One concern was noted with respect to stock pond permanent impoundments. There is an existing stock pond created by an embankment constructed across an ephemeral drainage swale in the Wadge Pasture area,within the SL-3 request area. This pond is shown in Photos 3985 and 3986, and the location is marked by GPS#28. There was water pooled in the pond at the time of the inspection, with evidence of recent use by deer. The Division's concern is that the pond has not been approved as a permanent impoundment, and therefore should not have been included in the SL-3 release request area. Until proper documentation of compliance with the permanent impoundment criteria of Rule 4.05.9(13) is submitted and approved within a technical revision to the permit,this Wadge Pasture Stock Pond cannot be included within a Phase II bond release approval. As such,the pond location will be excised from the area approved by the Division within SL-3, unless permanent impoundment approval is obtained prior to decision issuance. 10