(a) "Chapter" means the Colville Mining Practices Water Quality Chapter of this Code.

(b) "Affected Lands" means the surface and subsurface areas on the Colville Indian Reservation where any prospecting, exploration or mining operation is or will be conducted, including, but not limited to: on-site private ways, roads, and railroads, lines appurtenant to any such area; land excavations; prospecting sites; drill sites or workings; refuse banks or spoil piles; evaporation or settling ponds or lagoons; leaching dumps; placer areas; tailings ponds or dumps; work, parking, storage or waste discharge areas; areas in which structures, facilities, equipment, machines, tools or other material, or property which result from or are used to such operations are situated.

(c) "Borrow pit" means any excavation site outside the limits of construction providing material necessary to that construction, such as fill material for embankments.

(d) "Chemicals" means substances whether liquid, gaseous or solid which when applied by any person may present hazards to either human health or the Reservation environment.

(e) "Colville Environmental Quality Commission" or "CEQC" means the environmental policy making and administrative appellate body of the Colville Confederated Tribes.

(f) "Contamination" means the introducing by any means of any substance in liquid, solid or gaseous form into or upon Reservation resources in sufficient quantities as may be directly or indirectly injurious to the health, safety or welfare of the Reservation population as a result of domestic, commercial, industrial, agricultural or recreational activities or which may be directly or indirectly injurious to livestock, wildlife, fish or aquatic life and their habitat.

(g) "Department" means the Colville Department of Geology.

(h) "End hauling" means the removal and transportation of excavated material, pit or quarry overburden, or road cut material from the excavation site to a deposit site not adjacent to the point of removal.

(i) "Erodible soils" means those soils exposed or displaced by mining activities that may be readily moved by water.

(j) "Exploration" means the act of searching for or investigating a mineral deposit and includes but not limited to sinking shafts, tunneling, drilling core and bore holes, and digging pit or cuts and other works for the purpose of extracting samples prior to commencement of development or extraction operation, and the building of roads, access ways and other facilities related to such work.

(k) "Flood level--fifty (50) year" shall refer to an additional vertical water height above the ordinary high watermark, such additional water height above the ordinary high watermark, such additional height being 125% of the vertical distance between the average streambed and the ordinary high watermark; and an additional horizontal distance which shall not exceed two (2) times the ordinary channel width as measured between the ordinary high watermarks and added to each side of the channel, unless a different area is specified by the Department based on identifiable topographic or vegetative features.

(l) "Flood level--twenty-five (25) year" shall refer to a vertical elevation which is the same height measured from the ordinary high watermark, unless a different area is specified by the Department based on identifiable topographic or vegetative features.

(m) "Key Wildlife Habitat" means the habitat of any wildlife species which depends on maintenance of water quality in the Streamside Management Zone and adjacent areas or any habitat where a wildlife species helps maintain water quality.

(n) "Limits of roadway construction" means the area occupied by the completed roadway including the cutback, fill slope, and the area cleared for construction of the roadway.

(o) "Load bearing" means that part of the road which is supportive soil, earth, rock, or other material directly below the working surface and only the associated earth necessary for support.

(p) "Major tractor road" means a road that involves extensive sidecasting or similar disturbance of soil which may cause material damage to a Reservation resource or which may cause material damage to the integrity of a Streamside Management Zone.

(q) "Mineral" means an inanimate constituent of the earth in a solid, liquid or gaseous state which, when extracted from the earth, is usable in its natural form or is capable of conversion into a usable form as a netal, metallic compound, a chemical, an energy source, or a raw material for manufacturing or construction material.

(r) "Mining Operations" means the development or extraction of mineral from its natural occurrence on affected land. The term shall be broadly construed to include open mining, surface mining and surface operation, and a disposal of refuse from underground and insitu mining Moreover, the term means operations on affected lands including: transportation; mining; concentrating; milling; smelting; refining; cleaning; preparation; evaporation; and other processing.

(s) "Notice to Comply" means a notice issued by the Department which may, among other things , require initiation and/or completion of action necessary to prevent, correct and/or compensate for present or future damage to Reservation resources, or present or future harm to the Reservation population, which has resulted, or which may in the future result, from mining operations.

(t) "Open mining" means the mining of minerals by removing the overburden lying above such deposits and mining directly from the deposit thereby exposed. The term includes mining directly from such deposits where there is no overburden, mining by auger method, and the production of surface mining refuse. The term also includes, but is not limited to, the following; open cut mining; open pit mining; strip mining; quarrying; placer operations; and the excavation and removal of sand, gravel, clay, rock or other minerals for the primary purpose of construction or maintenance of roads. Prospecting and exploration activities shall be included within the meaning of this term when the removal of geologic samplic materials exceeds a cumulative total in excess of one ton. Open mining shall not include; excavation or grading conducted for farming; on-site construction, but shall include adjacent or off-site borrow pits.

(u) "Operation" means any person, firm, partnership, association or corporation or any tribal, federal, state, county or municipal government or governmental enterprise engaged in or controlling a mining operation.

(v) "Ordinary high water mark" means the mark on the shores of all waters, which may be found by examining the beds and banks and ascertaining where the presence of and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation.

(w) "Overburden" means materials of any nature, consolidated or unconsolidated, which overlay a natural deposit of useful material or ores and such earth and other materials after removal from their natural state in the process of exploration or mining.

(x) "Perennial stream" means any stream or stress segment which normally maintains a surface flow of water year round.

(y) "Permit" means any authorization, license, or other approval action required by this Chapter before any exploration or mining operations may take place.

(z) "Person" means any: individual; association; business; company; joint venture; partnership private, public, tribal, or municipal corporation; tribal enterprise; tribal, state, local governmental entity; or other association of individuals or persons of whatever nature.

(aa) "Prospecting" means the same as exploration.

(bb) "Reclamation" means the implementation of procedures, during and after an exploration or mining operation, intended to minimize and/or mitigate the disruption of Reservation resources resulting from the operation and to protect Reservation resources and the health, safety, and welfare of future economic interests of the Reservation population by providing for subsequent beneficial use of affected lands through the rehabilitation of plant cover, soil stability, water resource, and other appropriate measures.

(cc) "Reclamation plan" means the operator's written proposal, submitted to the Department as part of any notice or permit application required by this Chapter.

(dd) "Refuse" means all waste soil, rock, mineral, liquid, vegetation and other material directly resulting from or displaced by the mining, cleaning or preparation of minerals and included all waste or abandoned materials deposited on affected lands from other sources and shall include, but not be limited to, garbage, trash, leftover cable and abandoned equipment and any other materials which may adversely effect or damage Reservation resources or which pose a threat to the health, safety, or welfare of the Reservation population.

(ee) "Relief Culvert" means a structure to relieve surface runoff from roadside ditches to prevent excessive build-up in water volume and velocity.

(ff) "Reservation" means the Colville Indian Reservation.

(gg) "Reservation resource" means air, land, surface, water, groundwater, fish and wildlife, trees and other vegetation, cultural, historic and religious resources and shall also mean capital improvements located within the Colville Indian Reservation.

(hh) "Reservation population" means all people either residing or otherwise conducting business or other activities on all lands, both trust and fee, within the exterior boundaries of the Colville Indian Reservation.

(ii) "Side casting" means the act of moving excavated material to the side and depositing such material within the limits of road construction or dumping over the side and outside the limits of construction or dumping over the side and outside the limits of construction.

(jj) "Spoil" means any material removed as overburden or mining refuse generated during mining operations, or any excess material removed or generated as overburden or generated during road construction which is not used within the limits of construction.

(kk) "Spoil bank" means a deposit of excavated overburden or mining refuse.

(ll) "Stop Work Order" means the administrative directive issued by the Department pursuant to 4-6-20 of this Chapter.

(mm) "Streamside Management Zone" means a specified area alongside natural waters where specific attention must be given to the protection of water quality. These zones shall be measured from the ordinary high watermark of the body of water and shall measure one chain (66 feet) in width on each side of Type 1 and Type 2 Waters, and one-half chain (33 feet) in width on each side of Type 3 and Type 4 Waters.

(nn) "Surface mining" means the same as open mining.

(oo) "Temperature Sensitive Waters" means those waters included with water identified on the "Water Type Map," the temperature of which may be adversely affected by the removal of shade producing vegetation to the extent that the fishery resource, water quality, or the Reservation resources may be damaged.

(pp) "Tribe" means the Colville Confederated Tribes of the Colville Reservation .

(qq) "Walk-on Prospecting" means those casual exploration activities properly authorized by the Department which have the potential for causing little or no surface disturbance and which will not disturb water quality. Examples of such activities are: hand sample collection, geochemical sampling, geologic mapping, geophysical surveys (non-land disturbing), boundary or claim surveying, or location work.

(rr) "Water bar" means a diversion ditch and /or hump in a trail or road for the purpose of carrying surface water runoff into the vegetation duff, ditch, or other dispersion area so that it does not gain the volume and velocity which causes soil movement and erosion.

(ss) "Water Quality Standard" means one of the several parameters used to measure the quality of all surface and ground waters of the Reservation. Water Quality Standards have been established by the Colville Business Council.

1. "Type 1 Water" means all waters, within their ordinary high-water mark, as identified on the Water Type Map. "Type 1 Water" classification shall be applied to lakes, ponds, marshes, bogs, streams, and stream segment which the Colville Tribes have determined to constitute a critically sensitive resources. Such resources may be necessary for the management, utilization, or protection of Reservation lands or waters including, but not limited to:

2. "Type 2 Water" classification shall be applied to segments of natural waters which:

3. "Type 3 Water" classification shall be applied to segments of natural water which:

4. "Type 4 Water" classification shall be applied to segments of natural water which:

5. For purpose of this Section:

1. Two application forms;

2. Two copies of an accurate map of the affected land submitted with each of the applications. The map shall show information sufficient to determine the location of the affected land on the ground, streams and other waters, utilities and existing and proposed roadsor access routes to be used in connection with the mining operation.

3. The application fee of two hundred dollars ($200.00) plus one dollar ($1.00) per acre affected, unless an application fee has already been paid to the Department in connection with said operations; and

4. A performance bond in an amount determined by the Department.

1. The name and address of the general office and the local address or addresses of the operator;

2. The name and address of the owner of the surface of the affected land;

3. The name and address of the owner of the subsurface rights of the affected land, and where the owner of the subsurface rights and the operator are not one and the same, evidence that the owner of the subsurface has agreed with the operator for the proposed operation;

4. The approximate size of the affected land;

5. Information sufficient to describe or identify the type of mining operation proposed and how it would be conducted;

6. The measures to be taken to comply with the applicable reclamation provisions of this Chapter;

7. The terms of the governmental contract which make a special permit necessary;

8. Evidence of any performance bond required under the governmental contract; and

9. A certificate of compliance by the Colville Planning Committee, that the mining operation would be in compliance with the applicable zoning and subdivision regulations.

1. The anticipated dates of the commencement and termination of the operations.

2. Legal description of the area within which the exploration or mining operation are to be conducted.

3. A topographic map of suitable scale upon which the proposed operation are plotted.

4. Description of the proposed methods of exploration or mining, support facilities, and required construction, including:

5. The reclamation plan required by this Chapter.

6. A basic fee of two hundred and fifty dollars ($250.00) and, in addition, one dollar ($1.00) per acre of land to be affected by such permit; Provided, that if the permit applicant has already paid the Department this amount in connection with any other permit pertaining to the proposed operations to be covered by the water quality permit, this fee under this Chapter may either be reduced or waived. If the operator is a government or governmental agency no application, renewal or amendment fee may be required, in the discretion of the Department. In no case shall the fee exceed two thousand dollars ($2,000.00), unless otherwise required by this Chapter.

7. Information provided the Department in an application for a permit relating to the location, size, or nature of the deposit and marked confidential by the operator shall be protected as confidential information by the Department and shall not be a matter of public record in the absence of a written release from the operator or until such mining operation has been terminated, except to the extent disclosure is required by law.

8. Upon the filing of the application for a permit with the Department, a copy of such application shall be available for public inspection at the office of the Department. The information exempted by Subsection 4-6-7(7) shall be deleted from such file copies.

9. Following the Department's approval as to form, the applicant shall cause notice of the filing of its application with the Department to be published in the Tribal Tribune and one other local newspaper of general circulation in the locality of the proposed exploration or mining operation once a week for four (4) consecutive weeks, commencing not more than ten (10) days after the filing of the application with the Department. Such notice shall contain information regarding the identity of the applicant, the location of the proposed exploration or mining operation. If such information does not violate the provision of Subsection 4-6-7(7), the proposed dates of commencement and completion of the operation, the proposed future use of the affected land, the location where additional information about the operation may be obtained, and the location and final date for filing objections with the Department.

10. In addition, the applicant shall mail a copy of such notice immediately after first publication to all owners of the surface rights of the affected land, to the owners of record of immediately adjacent lands, and to any other persons who are owners of record that may be designated by the Department whose lands might be affected by the proposed exploration or mining operation. Proof of such notice and mailing, such as certified mail with return receipt requested where possible, shall promptly be provided to the Department and shall become part of the application.

1. The terms and conditions of the existing permit are not being satisfactorily met;

2. The existing exploration or mining operation and reclamation operations are not in compliance with the water quality protection standards of Tribal or federal law;

3. The renewal requested substantially jeopardizes the operator's continuing responsibilities on existing permitted areas;

4. The operator has not provided evidence that the performance bond will continue in full force and effect for any renewal period requested; or

5. The operator has not provided the Department with any additional revised or updated information requested by the Department.

1. The statement regarding the condition of the affected lands prior to any exploration or mining including existing uses at the time exploration or mining began; capability of the land prior to any exploration or mining operations to support other uses considering soil characteristics, vegetation, availability of surface and ground water, and topography; and the potential productivity of the land prior to exploration or mining under high levels of management;

2. A statement regarding the proposed subsequent use of affected lands after reclamation which is supported by satisfactory evidence that all the owners of a possessory interest in the lands concur with this proposed use;

3. Evidence that the proposed subsequent use is lawful under applicable land use and environmental laws;

4. A description of the types of reclamation the operator proposed to achieve upon the affected lands and the amount of acreage accorded to each type;

5. A description of how the reclamation will be achieved, including a timetable indicating when the reclamation plan will be implemented. The description of how the reclamation plan will be achieved shall include;

1. The application is incomplete or the performance bonds have not been provided;

2. The applicant has not paid the required fee;

3. Any part of the proposed exploration or mining operation or reclamation plan, or the proposed future use of the affected lands is contrary to Tribal of federal law;

4. The exploration or mining operation may cause damage to a Reservation resource or may adversely impact the health, safety or welfare of the Reservation population;

5. The exploration or mining operation may adversely affect the stability of any significant, valuable, and permanent man-made structure located outside the affected land, except where there is an agreement between the operator and the person having an interest in the structure that damage to the structure is to be compensated for by the operator; or

6. The operator is alleged to be in violation of the provisions of this Chapter with respect to any operation within the Colville Indian Reservation. Such an operator shall not be issued a new permit until such other operation is determined to be in compliance with this Chapter.

1. To modify the requirements of the permit so that they do not conflict with existing law;

2. The Department determines that the previously approved permit is inconsistent with the intent and purpose of this Chapter;

3. The Department determines that the previously approved permit is impossible or impracticable to implement; or

4. The operator and the Department mutually agree to modify the terms of the permit.

1. Identify the operator and permit number;

2. Locate the operator by subdivision, section, township, and range, and with relation to the nearest town or other well known geographic feature;

3. Estimate acreage to be newly disturbed by exploration or mining in the next twelve-month period;

4. Update any maps previously submitted or provide such maps as may be specifically requested by the Department. Such maps shall show:

1. The specific nature, extent, and time of failure to comply with the approved permit.

2. The relevant provisions of this Chapter relating thereto;

3. The right of the operator to a hearing before the Department; and

4. The specific course of action ordered by the Department to be followed by the operator to correct such failure to comply and prevent, correct and/or compensate for material damage to Reservation resources or harm to the Reservation population which resulted from any violation, unauthorized deviation, or willful or negligent disregard for potential damage to a Reservation resource; and/or those courses of action necessary to prevent continuing damage to a Reservation resource or harm to the health, safety or welfare of the Reservation population resulting from any violation, unauthorized deviation, or negligence.

1. There is any violation of this Chapter;

2. There is a deviation from the approved permit; or

3. Circumstances exist which would be a basis for modifying the permit pursuant to Section 4-6-12.

1. The specific nature, extent, and time of the violation, deviation, damage, or potential damage;

2. An order to stop all work connected with the violation, deviation, damage or potential damage;

3. The specific course of action needed to correct such violation or deviation or to prevent damage and to correct and/or compensate for damage to Reservation resources which has resulted from any violation, unauthorized deviation, or willful or negligent disregard for potential damage to a Reservation population; and

4. The right of the operator to a hearing before the Colville Environmental Quality Commission. The Department shall immediately file a copy of such order with the Colville Environmental Quality Commission and mail a copy thereof to the operator at the addresses shown on the permit application. The operator has commence an appeal to the Colville Environmental Quality Commission within fifteen (15) days after service upon the operator. If such appeal is commenced, a hearing shall be held not more than twenty (20) days after copies of the notice of appeal were filed with the Colville Environmental Quality Commission. The operator shall comply with the decision or order of the Department immediately upon being served, but the Colville Environmental Quality Commission, if so requested, shall have authority to continue or discontinue in whole or in part of the order of the Department under such conditions as it may impose the outcome of the proceedings.

1. Minimize road density by using existing and abandoned roads whenever possible and practical. Keep new road construction at an absolute minimum.

2. Locate roads to minimize disturbance to all surface and groundwater resources on the Reservation. Avoid locating roads in narrow canyons, marshes, wet meadows, natural drainage channels, and geological hazard area.

3. Locate roads a safe distance from streams or lakes when running parallel to water bodies. At a minimum, do not locate roads within Streamside Management Zones.

4. Fit the road to the topography to minimize soil disturbance. Locate roads to take advantage of naturally stable areas, such as natural benches, ridgetops, flatter slopes, etc.

5. Keep road grades within 8-10%, or less, where possible and practical. Where excessive excavation requirements or topography constraints are present, occasional grades of up to 15% may be used with prior Department approval. Keep steep segments as short as possible where the grade necessarily exceeds 8-10%.

6. Avoid long, continuous grades; avoid long, completely flat segments where ponding will occur.

7. Avoid headwalls at a tributary drainage source on ridgetop routes. Locate roads slightly off-center on ridgetop routes.

8. Avoid locating roads on excessively steep unstable, erosional, or slide prone slopes. Obtain soils and area geophysical information and review sensitive lands maps where available and survey adjacent similar areas for vegetation and topography "indicators" for suspected problem areas.

9. Minimize the number of stream crossings. All stream crossings must be approved by the Department in writing in advance.

10. Choose crossing locations at right angles to the stream channels.

1. Build the minimum adequate road for the exploration or mining system used. Design roads which can carry the anticipated traffic load with reasonable safety, accomplishes the mining requirements economically, and minimizes impacts to the other resources available in the area.

2. Fit the road to the topography so that alterations of natural features are minimized.

3. Design roads to minimize interference with surface and subsurface drainage patterns.

4. Plan stream crossings with care so that channel and bank disturbance is minimized.

5. Where necessary to protect fill embankments from stream erosion, a headwall (usually riprap or gabions) is recommended to prevent erosion of the fill.

6. All roads should be designed with adequate permanent or temporary water management and/or crossing structures so that the road does not become a source of erosion and sedimentation.

1. Merchantable timber removed for right-of-way construction shall be removed or decked at suitable locations where the timber will not be covered by fills or side casts. Fall all trees that lie within the required right-of-way boundary, prior to subgrade construction. Fall all danger tree snags and leaners at directed by the Department which could unpredictably fall and hit the road.

2. Deposit excess debris, slash and road building materials in stable locations outside of the Streamside Management Zone.

3. Do not allow the low point of a grade break to occur on deep fills if possible.

4. All ditches, culverts, cross drains, water bars and diversion ditches shall be installed concurrently with construction of the roadway.

5. Alter the spacing of surface drainage structure, if necessary, so that water spills on stable areas.

6. Avoid unnecessary soil and vegetation disturbance.

7. Do not divert the runoff or streamflow from two or more drainage into one channel.

8. Do not dredge materials from streams for road construction.

9. Clear stream channel of all debris and slash generated during operations prior to removal of construction equipment from the vicinity or the winter season, whichever is first.

10. End haul or overhaul construction is required where sidecast material would be within the Streamside Management Zone of Type 1 through Type 4 Waters.

11. Material used in road construction shall be free of loose stumps, excessive accumulation of slash, and woody materials of more than three (3) cubic feet.

12. During road construction, fills or embankments shall be built up in two foot layers. Each layer shall be compacted by operating the tractor or other equipment over the entire surface of the layer. Chemical compacting agents may be used in accordance with 4-7-86 and 4-7-87.

13. Construction should be accomplished when low flow periods and soil conditions are least likely to result in excessive erosion and/or soil movement.

14. Spoil and debris shall be deposited outside the Streamside Management Zone. When soil and other debris is deposited in an appropriate location, embankments so formed shall be compacted by layering or so stabilized that the risk of its later entering the Streamside Management Zone is minimal.

15. When soil exposed by road construction appears to be unstable or erodible and is so located that slides, slips, slumps or washing may reasonably be expected to cause unreasonable damage to a reservation resource, then such exposed soil areas shall be seeded with grass, other cover or be treated by other means acceptable to the Department.

16. When temporary stream crossings are necessary, pick locations requiring a minimum of bank disturbance and soil displacement. Equipment shall not be used in stream crossing without prior written approval of the Department.

17. Fully backslope each graded section except where vertical banks are proven to be more stable than sloping ones.

18. Rough grade a new road only as far as that road can be completely finished during the current construction season. Drain incompleted segments of permanent or temporary roads to be left over winter season or other extended periods, outsloping or ditching with cross drains, water bars, and diversion ditches to minimize soil erosion and stream siltation.

19. Do not conduct earth moving activities when the soils are saturated. Contract grades through wet soils during dry season.

20. Use grade changes (concave vertical curve) to turn water off roads, particularly to protect fills at stream crossings.

21. Shut down construction during periods of heavy rainfall.

1. A bridge is required for crossing any stream or lake which is regularly used for recreational boating as designated by the Department.

2. Permanent bridges shall be designed and constructed at the minimum to pass without obstruction the fifty (50) year flood level of the stream it spans. Bridges should be designed by a registered engineer unless the Department authorizes specific exemptions for particular bridge crossings.

3. One end of each new permanent log or wood stringer bridge should be tied or firmly anchored, if the elevation of the bridge is within ten (10) vertical feet of the fifty (50) year flood level.

4. Plan all construction activities in the stream to coincide with low seasonal streamflows.

5. Excavation for placement of bridge sills, piers, abutments or wing walls shall be done from outside the ordinary high water mark, unless such operations are authorized by the Department.

6. Construction equipment shall be operated in a manner that will cause the least aggravation to the stream bed and banks. Remove any stumps, logs, chunks, branches, etc., that might have been pushed into the stream bed during construction.

7. Bridge approaches shall slope away from the bridge deck to avoid drainage onto the deck and into the water body. This will also extend the life of the bridge.

8. Bridge approach fills and banks shall be stabilized as necessary to prevent undue or excessive erosion, paying particular attention to proper ditching. Riprap, bulkheads, wing wells or other measures may be required.

9. Stream bed and bank areas shall be restored as nearly as possible to their original condition upon completion of the project.

10. When earthen materials are used for bridge surfacing, curbs or guards of adequate size shall be installed which will prevent the surface material from entering the stream.

11. Temporary bridges shall be installed during low water periods, used or removed before the following peak water flow (spring runoff).

1. All permanent culverts shall be capable of handling the fifty (50) year flood.

2. Minimum sizes of permanent culverts are;

3. Culverts constructed for permanent stream crossings should be of galvanized steel, concrete, aluminum or plastic and of sufficient gauge or thickness. Two feet or half the diameter of the culvert, whichever is greater, shall be the minimum overburden.

4. The alignment and slope of the culvert shall conform to the natural flow of the stream for all streams.

5. In areas where fish are present, the bottom of the culvert shall be installed slightly below the natural stream bottom at both ends of the culvert.

6. All culvert installations shall terminate on materials that will not readily erode under full flow of the culvert.

7. Culvert approaches shall be hand-cleared of natural and logging debris for a distance of one hundred (100) feet upstream from the culvert inlet of all material that may reasonably the expected to plug the culvert.

8. The inlet ends of all ditch culverts shall have adequate catch basins and headwalls to minimize the risks of culvert siltation and "by-pass" of the culvert from erosion of the headwall. Rock headwalls shall be placed on all culverts where annual peak flows exceed 100 cfs; and where headwall erosion is expected on smaller streams, as determined by the Department.

9. Ditch culverts that may reasonably be expected to carry near capacity water volumes or to encounter some siltation should:

10. Fill around culverts, shall be compacted during placement to avoid failure by undercutting and stream bed excavation should be avoided.

11. All required culverts, ditches, cross drains, drainage dips, water bars and diversion ditches shall be installed concurrently with construction of the roadway.

1. "Fording" or limited crossings that utilize the natural stream bed as a road may be conditionally permitted through approval of specific crossings site location(s), frequency and dates of occurrence.

2. Temporary bridges or culverts, adequate to carry the twenty-five (25) year flow for the operation period can be used when:

3. Install culverts in a manner which will cause the least amount of siltation. Limit tractor or machine activity in bed of stream to the absolute minimum necessary to coincide with low flow periods (late summer and early fall).

4. Temporary bridges or culverts shall be promptly removed upon completion of use. The removal shall include:

1. Maintain roads immediately after logging and whenever necessary by cleaning ditch lines, blading debris from empty landings, trimming damaged culverts ends and chunking out culvert openings.

2. Place all material obtained during maintenance of ditches, etc., in a safe bench or cove location. Never deposit such materials directly into a stream bed or in areas where the material can be washed into a stream during high flow periods.

3. Retain outslope drainage and remove all berms on the outside edge, except those intentionally constructed for the protection of road grade fills.

4. Road surfaces shall be maintained to reduce erosion and water quality degradation potential by using water, surface binders, sealers or oilmats. All road surface treatments, except water, shall not be sprayed within the Streamside Management Zone for those existing road segments that are within the established zones. Extreme care should be exercised to avoid excess application of any treatment.

1. To the extent necessary to protect Reservation resources, the following maintenance shall be conducted on such roads:

1. No subsequent maintenance of an abandoned road is required after the following procedures are completed:

1. Road ballast or gravel pits shall be located a safe distance from streamways. At a minimum, do not locate road ballast or gravel pits in the Streamside Management Zone. Pit runoff shall be directed away form the water course. Rock removal from stream beds overflow channels is not permitted.

2. During construction and operation of rock quarries, gravel pits or borrow pits, runoff water shall either be diverted to the forest floor or passed through one or more settling basins, as approved by the Department.

3. During operation, surface flows shall be prevented from passing through or out of borrow pit areas.

4. If rock is to be washed, provision must be made for adequate settling basin(s) to prevent any stream siltation.

5. Spoil disposal shall be located:

6. All rock quarries, gravel pits, spoil areas and borrow areas in use when those regulations are adopted shall be reclaimed within two (2) years from the time the rock or gravel source is exhausted or abandoned. Reclamation procedures include:

1. Use mechanical control methods in preference to chemical means where practical.

2. Chemical control of roadside brush will not be done within Streamside Management Zones.

1. Apply oil that is not potentially contaminated by any substance that is hazardous to any Reservation resource or to the health, safety or welfare of the Reservation population to the road surface only when the air temperature is above 55 degrees F, when the ground is frost-free, and during the season when there is a minimal chance of rain for the next forty-eight (48) hours.

2. Water the road surface prior to application of oil to assist in penetration.

3. Construct a temporary berm alongside the road shoulder where needed to control runoff of the applied chemical.

4. Take extreme care to avoid excess application of road chemicals. Shut of the flow at the Streamside Management Zone.

5. When cleaning out storage tanks or the application equipment tanks used for storage and application of road treatment materials, dispose of the rinse water, other fluids and solids on the road surface or in a place safe from potential contamination of water.

1. Any artesian flow of groundwater to the surface be eliminated by a plug made of cement or similar material or by a procedure sufficient to prevent such artesian flow unless an agreement is reached with the Department for another use of such water.

2. Drill holes which have encountered any aquifer shall be sealed, utilizing a sealing procedure that is adequate to prevent fluid communication between aquifers.

3. Each drill hole shall be securely capped at a minimum depth compatible with local cultivation practices or at a minimum of two feet below either the original land surface or the collar of the hole, whichever is the lower elevation. The cap is to be made of concrete or other material that is satisfactory for such capping. The site shall be back-filled above the cap to the original land surface.

4. Each drill site shall be reclaimed pursuant to this Chapter including, if necessary, reseeding if grass or any other crop is destroyed.

1. The size of the impoundment is adequate for its intended purpose;

2. The floor of the water impoundment or treatment facilities must be adequate sealed prior to filling to prevent leakage;

3. The impoundment dam construction will be so designed as to achieve necessary stability with an adequate margin of safety, including spillway or other devices to protect against washouts during the one hundred (100) year flood event;

4. The quality of impounded water will be suitable on a permanent basis for its intended uses and that discharges from the impoundment will not degrade water quality below water quality standards established pursuant to applicable Tribal or federal law in the receiving stream;

5. The level of the water will be reasonably stable;

6. Final grading will provide safe access for proposed water users; and

7. Such water impoundments will not result in diminution of the quality or quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, domestic or other uses.

1. Tailing ponds will be designed, constructed and operated so that there is little or no discharge. The floor of tailings ponds must be adequately sealed to prevent leakage prior to filling.

2. Tailings ponds dikes or dams will be designed and constructed to prevent leakage, slumping or overtopping, including features such as cut-off walls and the compaction of materials similar to that required in water storage structures. All tailings ponds will be constructed with a spillway or other adequate overflow structure that will prevent overtopping or washouts during the one hundred (100) year flood event. If possible, tailings pond dikes or dams will be constructed of angular waste rock from mining operations rather than rounded or alluvial materials.

3. If possible, tailing ponds shall be constructed off channel so that surface runoff will bypass the pond. A natural water course shall not be used to transport mine or mill wastes to a tailing pond. Surface drainage that would normally flow into a tailings pond must be diverted around the pond. Conduits carrying surface water shall not be located beneath the tailings pond. Natural precipitation runoff intercepted above the tailings pond must be re-routed around the pond and discharged further downstream into the natural channel.

4. Boom or dikes shall be used in large tailings ponds to reduce waive action and erosion.

5. Wood cribs shall not be used as integral parts of tailings ponds, dikes, or dams.

6. Tailings ponds shall not be used as burial grounds for toxic chemicals.

7. Tailings ponds shall be designed and constructed so as to provide for their revegetation upon filling or abandonment. To reduce erosion, filled tailings ponds shall be either revegetated or covered with a two foot layer of waste mine rock.

8. Erosion of tailing ponds located adjacent to stream shall be controlled by the construction of a coarse riprap facing or a dike to prevent stream encroachment.

9. To reduce leachate problems, the surface of filled tailings ponds will be graded to prevent ponding or the decant system modified to remove precipitation.

1. The relocated channel will be of a length equal to or greater than the original channel, unless a variance is granted by the Department.

2. The relocated channel will contain meanders, riffles and pools similar to those in the original channel.

3. Stream banks are to be rounded to prevent slumping and sloughing and are to be revegetated in keeping with acceptance agriculture or reforestation practices the first appropriate season following channel relocation.

1. Insulation of all faces from moisture or water contact by covering to a depth of two (2) feet or more with material or fill not susceptible itself to generation of such objectionable effluents; or

2. Processing of any such objectionable effluents in the pit before their being allowed to flow or be pumped out, in order to reduce toxic or other objectionable concentrations to a level deemed safe to humans and Reservation resources; and

3. Drainage of any such objectionable effluents to settling or treatment basins when the objectionable effluents must be reduced to levels deemed safe by the Department before release from the settling basin; or

4. Absorption and/or evaporation or objectionable effluents in the open pit itself; and

5. Prevention of entrance into the open pit by persons or livestock lawfully upon adjacent lands by fencing, warning signs, and other devices.