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Mr. David Berry November 24, 1993 Page 6 at Orchard Valley as of April, 1993. On the enclosed Map No. 4-1, sites that ODVCC believes should be ~~hp~tly dropped from the program are highlighted in green, sites targeted for teltg~orary exclusion are highlighted in purple, and sites selected for continued monitoring are highlighted in yellow. To s~rize, the hydrologic monitoring program established at Orchard Valley has nat been reevaluated to any degree since it was established. When the program was established, the primary focus was to generate baseline data which COl11d be used for CCII~ar'dtiVe purposes if warranted after m1n1M. Monthly site visits and extensive water quality data collection efforts were reasonable when the program was initially developed as the potential impacts of mining in the area were largely unknown. cDVOC now believes that as time has progressed, sufficient baseline data has been collected for the majority of sites involved. ODVCC also believes that the collected data shows that no significant hydrologic impacts are apt to occur at the majority of the monitored locations without further development of the Fast mine. Zhe mine plan has changed significantly since its inception due in large part to the unanticipated closure of the East Mine. 'Ihe hydrology monitoring program has not evolved along with the mine plan with the exception of adding sites to the network to acoonmiodate mine expansions. A reevaluation of the hydrology monitoring program is long overdue. tuVCC had intended to initiate this process in the fall of 1991 but failed to do so as other projects continually demanded priority. ODVCC ac}~owledges that the burden of changing the required monitoring rests with OJVOC arxi that the Division must approve proposed changes before they are put into effect. In 1992, OJVCC attempted to adhere to the permitted monitoring program but failed to do so. In large part, the re~niired frequency of monitoring was not met but OOVCC believes sufficient monitoring was done to detect significant mine related impacts had they developed. COVGC looks forward to working with the Division to define a hydrology monitoring program which is manageable and produces consistently meaningful data. ODVCC does not believe the current program meets those criteria. By revising the current hydrologic monitoring prrogram, OOVCC will demonstrate to the Division that the application of available resources can and will result in the collection of data which meets the regulatory requirements and ensures continued protection of the hydrologic systems in and around Orchard Valley. ODVOC anticipates the Division will follow through with the appropriate enforcement action r~cessary to correct the current situation. NVOC is committed to resolving this situation as well and the Division can anticipate full cooperation and an intensive effort from Orchard Valley to do whatever is r~cessaiy to that end. In a~axaing a penalty for this violation, ODVCC asks the Division to the extent possible to look beyond the question of whether or not particular monitoring criteria were met and to consider the larger question of whether or not a majority of the monitoring r~ ' ed at Orchard Valley is reasonable and