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Letter to Andre' J. Douchane, BMRI TR-010 Third Round Adequacy Comments page 2 Paragraph 4 Once compliance has been achieved and maintained in each of the three ponds for a period of six months, and the INCO SO2/Air process has been successfully operated for a period of six months, the Division will entertain a request from BMRI to revert to the original permit requirement of monthly laboratory analysis of the three ponds' cyanide levels. Paragraphs 5 and 6 i ~ ~- / ~~ The Division agrees that the permit cyanide level s~andards are to be enforced within the hree tailings ponds. In combination with the 30-day simple average monitoring of the three tailings ponds, the Division finds BMRI's proposals to provide the Division with data regarding the operation of the INCO tailings treatment process and to subj~c~ itself to intermediate response action requirements to be acceptable. Further, the Division concurs that BMRI's permit obligation in regard to excursion's of the INCO reactor tailings output will be limited to conducting the required intermediate response actions, in accordance with conditions (1) through (5) as presented on pages 3 and 4 of BMRI's July 31, 1992 response to the Division. MLRD Comment No. 2 Part D The Division agrees with BMRI's opinion that it is appropriate for BMRI to address any changes to the currently approved reclamation plan in response to Abatement Requirement No. 8. MLRD Comment No. 3 As discussed above, the Division finds the day simple average method to determining three tailings ponds to be acceptable, in other conditions addressed herein. DAVID HYATT'8 COMMENTS application of the 30- compliance within the combination with the ,: l ., •-./, The Division finds BMRI's response to all the technical adequacy concerns expresses by Dr. David Hyatt, in behalf of the parties, to be acceptable.