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<br />one week prior to issuance of [he violation. The rainfall depth was recorded at 1.80 inches. <br />The remaining storm events recorded throughout the week were all significantly less than <br />the ] 0-year/24-hour precipitation event. <br />2. The operator adds the precipitation events from the l8th through the 21st to derive a total <br />amount of 4.05 inches, and concludes that the mine received greater than a ] 0-year, 24-hour <br />event. The 4.05 inches representprecipitationover a span of 72 hours, roughly six days prior <br />to issuance of the violation. The rain gauge data for the 24 hours prior to issuance of the <br />NOV was recorded at 0.01 inches. The water discharging from the emergency spillway on <br />September 26 was not the result of a storm greater than 1.7 inches. <br />3. The operator states that upon detection that the primary spillway was not discharging, they <br />immediately tried to rectify the problem. Based on my observations and contact with <br />personnel on site, I saw no indication of immediate attention to clearing the primary <br />spillway. The operatorwas notified to clear the spillway on Wednesday, and I stated that I <br />would check the pond again before I left the mine on Friday. On Friday, dischazge was still <br />flowing through the emergency spillway, and none through the primary riser. <br />The abatement due date was written for that afternoon because we felt that it was imperative <br />for the primary spillway to be unplugged before the weekend and any other possible storm <br />events. WhenIspokewithminepersonnelregazdingunpluggingthespillway,theyindicated <br />that the pumps would be used to lower [he water elevation in the pond in order to clean the <br />trash rack. The other option discussed was to use the backhoe to pry off the trash rack. <br />There was no discussion at any time about mine personnel going in the pond to clean the <br />trash rack, and certainly no indication that we were putting one of their employees at risk. <br />I was in fact rather surprised to see the mine manager in the pond using a hook and backhoe <br />to pry off the trash rack. <br />Please let me know if you have any questions or need additional information. <br />cc: Susan McCannon <br />Larry Routten <br />c:\esc\seneca2w\O15nov <br />