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x ~ ~ ~ ~1 B. All of the figures upon which the NOV is based were pro- vided by CYCC through its self-monitoring program. No inspection by any state or federal agency hae resulted in test results in excess of any effluent limitation con- tained in the Permit. C. When the violations alleged in the NOV occurred they were reported on CYCC's quarterly Discharge Monitoring Reports and accompanied by letters of explanation setting forth the reasons for the apparent violations, the efforts taken to prevent recurrence and statements regarding the severity of the excursions. D. None of the effluent parameters for which CYCC is cited in the NOV is a toxic pollutant. All are conventional, non-toxic contaminants. E. Certain discharge points at Energy Mines 1, 2 and 3 no longer drain active mining areas, as defined in Part III, Section C of the Permit. Specifically, discharge points 9-13 and 15-17 inclusive drain areas which have recently been backfilled and regraded to return the earth to desired contour, and where reclamation has begun. There- fore, CYCC will submit a written request to deactivate these discharge points with documentation of reclamation activities to the Division in accordance with Part III, Section A, paragraph 3 of the Permit on or before Nov- ember 30, 1982. F. Regarding the containment requirements in Part I, Section A of the Permit, and considering the deactivation of the discharge points listed in paragraph E above, the only discharge point requiring verification of treatment fac- ilities will be discharge point 14 at Energy Mine No. 3. Construction of facilities at this site will require prior approval by MLRD. As set forth in paragraph X.A above, CYCC submitted final designs for facilities at discharge point 14 to the MLRD on November 30, 1982. Upon approval, CYCC will construct these facilities barring unusually severe weather before discharging effluent into waters of the State. If for some reason the TR approach described in paragraph X.A turns out not to be the quickest way to obtain MLRD approval, CYCC will make every effort to work with MLRD to obtain approval at the earliest possible time, and to construct these facil- ities as soon as possible. ~{ -9-