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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 inspection <br /> and the facts or evidence supporting the enforcement action. <br /> Prior to the inspection, I informed Ms. Hammond that I was concerned that the reclamation work <br /> conducted by Halliburton and their contractor at the UTL Ponds may have been done during the <br /> restricted timeframe mandated by the stipulation(April through May). Because of this concern, <br /> Ms. Hammond invited Wayne Brookshire of Halliburton who is overseeing the reclamation work <br /> and John Chutka of Skyline Contracting, Inc. who conducted the work to join us during the <br /> inspection. As it turned out, Halliburton representatives attempted to locate the Cooper's Hawk <br /> nest on March 23, 2010 prior to commencing the reclamation of the UTL Ponds#I and#2. <br /> Since they were unsuccessful in locating the nest they contacted WestWater Engineeering that <br /> performed the initial survey and prepared the Halliburton Cameo Storage Yard Cooper's Hawk <br /> Nest Report dated July 2009. WestWater conducted another evaluation on March 25, 2010 at the <br /> site and found that the Cooper's Hawk nest had fallen to the ground sometime during the <br /> previous winter. They photographed the fallen nest and concluded that the deteriorated condition <br /> of the nest indicated it had not been used in 2009 and possibly not in 2008. This is documented <br /> in their report Halliburton Cameo Storage Yard Biological Survey Report dated April 2010. <br /> Wayne Brookshire provided this information and a copy of this report to the DRMS during the <br /> inspection on May 171h. A copy of this report is retained on file at the DRMS. <br /> Reclaimed UTL Ponds No. 1 and No. 2 were inspected. Reclamation of sediment Pond#1 <br /> involved placing fill nearly level with the light use road number 4 and sloping the fill away from <br /> the pond embankments towards the drainage swale located to the north. No fill was placed in <br /> any of the wetlands and no cottonwood trees were cut down. The 30-inch diameter spillways <br /> were partially reclaimed. The 90 degree bends and attached skimmers were removed. Caps <br /> were placed on both ends of the two spillway pipes. The upstream or intake sides of the spillway <br /> pipes were backfilled and covered with clean fill material. The two-30 inch pipes were left in <br /> place with removable caps so they can be used in the future to support the industrial land use. <br /> The pipes may be used in the future to bring utilities into the rail loop or to pump water into or <br /> out of the rail loop. <br /> Reclaimed UTL Pond No. I is shown in Photo No. 1. The capped end or discharge end of the <br /> spillway at UTL Pond No. 1 is shown in Photo No. 2. At UTL No. 2 some minor additional dirt <br /> work is necessary to reshape the east side of the backfill to lengthen the slope and make a <br /> smoother transition to the natural terrain. This was discussed with John Chutka of Skyline <br /> Contracting, Inc. during the site inspection. Both backfill areas at each pond will have topsoil <br /> replaced and the backfill area seeded with the appropriate seed mix. Reclaimed UTL Pond No. 2 <br /> and the capped outlet are shown in Photographs No. 3 and No. 4. <br /> The inspection was concluded by locating the site of the former Cooper's Hawk nest. At the tree <br /> location of the former nest site it appeared that a large branch had been broken that had <br />