295.635(3)
(3) Active dams. The operator shall, at least monthly, inspect active dams and record the findings in the mining waste site operating log. The operator shall record at least all of the following findings:
295.635(3)(a)
(a) Condition of vegetation on the dam and within 50 feet from the outside base.
295.635(3)(c)
(c) Condition of soil surfaces on the top and slopes of the dam and within 50 feet from the outside base.
295.635(3)(d)
(d) Condition of drainage ditches near the base of the dam.
295.635(3)(f)
(f) Condition of spillways, conduits, and water level control structures.
295.635(4)
(4) Inactive dams. The operator shall inspect inactive dams quarterly and record the findings in the mining waste site operating log. The operator shall record at least all of the following findings:
295.635(4)(a)
(a) Condition of soil surfaces on the top and slopes of the dam and within 50 feet from the outside base.
295.635(4)(b)
(b) Piezometric levels within the mass of the dam if that instrumentation has been determined to be necessary or is required in the long-term care provisions of the mining waste site feasibility study and plan of operation.
295.635(4)(c)
(c) Condition of spillways, conduits, and water level control structures.
295.635(5)
(5) Defective conditions of dams posing risk of adverse impact. When a defective condition that poses a significant risk of adverse impact to the environment is found during an inspection of a dam, the operator shall ensure that it is recorded and corrected at the earliest practicable time. At the earliest practicable time, the operator shall make a written report to the department of the condition and the actions proposed and taken for its correction. Within 5 business days of receipt of a written report, the department may confirm the correction of the condition and specify any necessary additional corrective action. An operator shall consider any of the following items as indicating a condition that requires prompt investigation and that may require corrective action:
295.635(5)(a)
(a) Seepage on the outer face of the dam accompanied by boils, sand cones, or deltas.
295.635(5)(b)
(b) Silt accumulations, boils, deltas, or cones in the drainage ditches at the base of the dam.
295.635(5)(c)
(c) Cracking of soil surface on the top or either face of the dam.
295.635(5)(e)
(e) Seepage, damp areas, or boils in the vicinity of, or erosion around, a conduit through the dam.
295.635(6)
(6) Potential defects of dams. All of the following conditions indicate potential defects and the operator shall closely check them on subsequent inspections for an active dam and conduct an intermediate inspection if they exist for an inactive dam:
295.635(6)(a)
(a) Patches of overgrown vegetation on the outside face or close to the base of the dam.
295.635(6)(b)
(b) Surface erosion, gullying, or wave erosion on the inside of the dam.
295.635(6)(c)
(c) Surface erosion, gullying, or damp areas on the outside of the dam, including the berm and the area within 50 feet from the outside base.
295.635(6)(e)
(e) Wet areas or soggy soil on the outside of, or in natural soil below, the dam.
295.635(7)(a)(a) The operator shall retain all records relating to dam monitoring, analytical, and verification activities and data, including all original strip chart recordings and instrumentation, calibration, and maintenance records, until termination of operator responsibility, except to the extent that copies of those records have previously been provided to the department.
295.635(7)(b)
(b) The operator shall maintain in a permanent file all of the following construction records pertaining to any dam in case they are needed for future reference:
295.635(7)(b)1.
1. Aerial photos of the construction site before construction.
295.635(7)(b)2.
2. Construction drawings and modifications of the drawings.