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.~ .. I ~ • <br />Mr. Fred Matter, P.E. <br />October 22, 1982 <br />Page 7 <br />above regarding construction and verification of ponds at dis- <br />charge points 7 and 17 and approval of CYCC's Mine 3 mining per- <br />mit regarding discharge point 14. <br />The NOV also cites CYCC for a violation of the pH effluent <br />limitations on June 22, 1982, for discharge point 1. This excur- <br />sion is almost certainly the result of miscalibration of the <br />instrument used to make the test. Figures for pH have never <br />exceeded the limitation before; nothing occurred or changed at <br />the mine that could explain the reading; the person taking the <br />reading did not remember whether or not he calibrated the instru- <br />ment before taking the test at the outflow point; and perhaps <br />most telling, the inflow to this 50 acre foot pond gave an <br />average pH reading of 7.6 when it was tested on the same day. <br />As a summary of the above information, I have prepared a <br />chart listing each alleged violation and, in very abbreviated <br />form, CYCC's response to each alleged violation. The chart ie <br />attached as Exhibit 7. <br />CYCC understands its obligations and the requirements im- <br />posed on it by the Permit and applicable laws and regulations. <br />CYCC affirmatively wishes to meet its obligations regarding water <br />quality. Most of the information provided in this letter has <br />previously been submitted to the Division, (albeit in a more <br />abbreviated form) over the course of the last fifteen months. It <br />is hoped that collation of all responses in one document will <br />help provide sufficient evidence to you of CYCC's good-faith <br />efforts to comply with its obligations, even when the require- <br />ments of the Department of Health are directly contrary to the <br />• requirements of MLRD. <br />CYCC understands that it has complied with paragraphs 1 <br />and 4 of the Cease and Desist Order. Based on our discussions at <br />the October 12 meeting, CYCC further understands that the re- <br />quirements of paragraphs 2 and 3 of the Cease and Desist Order <br />will be held in abeyance, and will not be enforced pending the <br />discussions and correspondence in which we are currently engag- <br />ing. If your understanding is different, or if you feel that a <br />formal amended Order or even an amended Permit is necessary at <br />this point, please so advise and CYCC will cooperate in whatever <br />way necessary. <br />Please review the information provided in this letter and <br />give me a written response at your earliest convenience. CYCC <br />contemplates, either as a response to this letter or perhaps <br />