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., Mr. Fred Matter, P.E. October 22, 1982 Page 4 To further complicate the situation, the ponds at discharge points 10 through 13 (CYCC Mine 3 Ponds A, I, B, and C, respec- tively) may or may not actually be constructed. MLRD personnel have verbally expressed some preliminary concern regarding the location of and need for the ponds as proposed. When that issue is resolved, these ponds (as well as Mine 1 Pond H, at discharge . n0. point 9) may be subject to a Notice of Deactivation, which will ,z be submitted to the Division when appropriate by CYCC. ~~~ re,u ~.p ri Ponds at discharge points 14 and 15 (CYCC Mine 3 Ponds E and F, respectively) are likely to be built. Regarding those ponds, as well as any other ponds to be built at Mine 3, the following construction schedule is proposed. CYCC feels that it can agree to build and verify any such ponds by the October 15 first fol- lowing the date which is 90 days after MLRD's final approval of the sediment-control plan contained in CYCC's Mine 3 permit ap- plication. For example, if MLRD gave its approval on May 1, 1983, CYCC would build the structures and verify construction by October 15, 1983. If approval was received August 15, 1983, CYCC would build and verify construction of the structures by Octo- ber 15, 1984. CYCC will further agree to notify the Division immediately upon receiving approval of the sediment-control plan in its Mine 3 permit, and will at that time establish a definite date for commencement and completion of construction and certification of the ponds to be built. 'Phis seems to be a fair way to resolve the regulatory di- lemma in which CYCC finds itself. This schedule will allow CYCC at least 90 days for construction of the ponds it builds, as is contemplated in the Permit. In addition, the proposed schedule will take into account the construction season in the area in which CYCC's Mine 3 is located. As you probably know, the weather and ground conditions in the mine area will typically allow safe and proper construction of sedimentation ponds only for four to six months each year. The NOV also states that CYCC has failed to provide you with the number of inches of rain that would fall in the area of the mines in the event of a ten year, 24 hour precipitation event. This figure is 1.80 inches, set forth in NOAH Atlas 2, Precip- itation-Frequency Atlas of the Western United States, Vol. 3 - Colorado. The gauging station used is located as indicated on the map attached hereto as Exhibit 4. 2. Effluent Limitations. The NOV lists violations of effluent limitations at dis- charge points 1, 2, 7, 9, 10, 14, 15, and 17 (regarding daily and