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<br />PAGE 5 <br />minimal amount of water. The water leaking out at the time of <br />inepecti~on" was in compliance with applicable water quality <br />standards and effluent limits. Normally, the valve seals when <br />closed. The valve had been closed the night before. The valves <br />are closed as the pond level reaches the desired level. Since this <br />is done while compliance water is discharged, the leak from the <br />valve is also in compliance. Water leakage from this valve was <br />estimated at less than 1/4 gpm, however, it appeared to be a lot <br />.leas. Hoth leaks are insignificant and non-detrimental. <br />Seriousness is extremely low. ~ ' <br />FAULT: ,.Again, extreme]~y low,. No major structural damage'or <br />problems. associated with ~ these "leaks. r POnd` 00•H -gave no hinC< of <br />leakage prior'to filling to the level that the major storm caused. <br />Detection"of this problem was not possible prior to this event. <br />Pond 007 gate valve normally sears. Upon closure the night before, <br />there was no indication of leakage. <br />GOOD FAITH: Maximum credit should be given. Many attempts <br />"have been made to,aeal-the.leaka. The right method and materials <br />have now been found to solve the problems. Pond~007 gate valve has <br />~ _. ~•been repaired.-- This was accomplished on~Auguat:l3....The leakage.. <br />from pond 008. has also been eliminated. , <br />' In summary, the problems cauaed'.by the,Augus£ 3 storm at the <br />'~ New B1k.Mine represented the effects of 'a greater-than 10-year/24 <br />hour-storm event that devastated the mine site. There was no , <br />- failure.to'.deaign; construct, or maintain the structures that were <br />~.. damaged by the storm; the design capacities, of these structures <br />were simply exceeded.; As a result of these exceedancea, structures <br />failed. In all `.cases, cleanup_and repairs were begun during the <br />storm or as quickly thereafter as possible,'and were amply staffed <br />`i and funded by Basin.' <br />Has.in requests•the.Diviaion,review.the facts:o# the three NOVA <br />:i and consider .'the foregoing information carefully during the <br />penalty-formulation. stage of its deliberatione.~ Basin believes <br />that, based on;the foregoing 'information, .there is no basis fo=. any <br />seriousness or fault components to the penalty assessment on any. of <br />' these violations and that good"faith be at the maximum. , <br />' ~ Please call if you have any questions. <br />. Sincerely, <br />Ralph L z <br />Environmental Engineer _ <br />