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23 <br /> place the filling stand in its current location. Mr. Beverlin <br /> stated that the operator had placed the pump on the Creek with <br /> no disturbance and piped the water up to the stand at the end <br /> of the "road" . He said the stand contains rubber tires and <br /> that the pump is a mobile piece of equipment that is situated <br /> on a trailer mount. <br /> Mr. Beverlin said that the operator does not use the water <br /> pumping facilities during the winter. He said the area became <br /> muddy after snowmelt and that the operator was not able to <br /> regrade the road prior to the inspection. Mr. Crowner <br /> described the composition of the pad and said that the area is <br /> not used during the winter. <br /> Regarding a concern that sediment left the site, Mr. Beverlin <br /> stated that a sage brush community and grasses are located <br /> below the area and that these provide a fairly dense <br /> vegetative cover. He said that the cover in the area <br /> prevented the water from flowing or draining down to the <br /> Creek. <br /> Mr. Paul asked Wayne Erickson to discuss the significance of <br /> a road versus a disturbed area, in reference to the <br /> regulations. Mr. Erickson said that Rule 4. 05 .1 (4) states <br /> that "for the purposes of Rule 4 . 05 .2 disturbed area shall not <br /> include those areas in which only diversion ditches, sediment <br /> ponds or roads are installed in accordance with the <br /> performance standard requirements of this Rule. " <br /> Mr. Paul said that the operator' s opinion was that the <br /> drainage observed during the inspection was within the <br /> permitted road area, did not reach Trout Creek and that the <br /> violation should not have been issued. <br /> Staff again clarified that the issue before the Board did not <br /> relate to whether vegetation stopped the flow of water, but <br /> the fact that the water/drainage was not treated prior to <br /> leaving the site. Staff said the regulations prohibit the <br /> type of activity undertaken by the operator, i.e. , using <br /> vegetation on undisturbed areas as a sediment control system. <br /> Staff said that under Rule 4 . 05 .2 (1) , the operator is required <br /> to accomplish treatment from the disturbed area. Staff said <br /> the area that the operator said was a road, had been <br /> determined by the Division to be a facilities area and <br /> requires sediment control . Staff said the area falls under <br /> the definitions of Rule 1. 04 (36) , regarding disturbed areas. <br /> Staff said that because the area in question appears to be a <br /> functional portion of the mine, is not used for access, does <br /> not have a road passing through it and does not seem to <br /> function as a surface right-of-way, as is the definition of a <br />