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Name of Addressee <br />Pabe 2 <br />Date <br />• Pertaining to Fault - <br />o The hole in the 18" CMP was noted in the September 2012 inspection report. At the time of the <br />Sept 2012 report, the 3" primary spillway was inside the 18" CMP and both pipes led to Outfall <br />001, as did the emergency spillway. The hole was noted as a safety concern rather than a <br />hydrological balance issue. This determination was based on the fact that if the water in Pond 9 <br />rose to the level of the emergency spillway and found the hole in the 18" CMP, the water would <br />have flowed through the 18" pipe to the same outfall point as the 3" primary and emergency <br />spillways. <br />• As noted in the inspection report, the primary spillway was blocked and the emergency spillway <br />was re- directed to a stock pond off the permit by the landowner. During the same time the <br />landowner re- directed the spillways, the Colorado Water Quality Control Division (WQCD) was <br />considering (and presently still is) terminating the NPDES permit. The pending NPDES <br />termination would have an effect on the spillway design so the Division advised MINREC, Inc and <br />J. E. Stover Et Associates to not submit a revision to the permit until WQCD made a decision. <br />• Pertaining to Good Faith - <br />o There were two initial steps to abate the violation. A third abatement step was added through a <br />modification notice on May 1, 2014. <br />■ Step 1 - Submit a completed Technical Revision with a spillway design for Pond 9 in <br />compliance with Rules 4.05.6(4) and 4.5.9(2) by May 16, 2014. TR -28 was submitted as <br />abatement step one and deemed complete on May 16, 2014. <br />■ Step 2 - Re- construct the spillway for Pond 9 to ensure the primary and emergency <br />spillways are in compliance the approved revision and Rules 4.05.6(4) and 4.5.9(2) by <br />June 20, 2014. <br />■ Step 3 - Cease discharging water through the damaged spillway. Stan Muhr stated in an <br />April 25, 2014 phone call that he would divert the water away from the damaged <br />spillway the next day. Sandy Brown made a field inspection the week of May 19, 2014 <br />to verify the diverting of the water. She has not confirmed the diversion before the <br />writing of this request. <br />As of today, May 21, 2014, the NOV has not been terminated because Step 2 (and possibly Step 3) remains <br />outstanding. <br />