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-2- <br />before percolating into the ground. The operator tried to stop the leak before <br />the end of the inspection, but was unsuccessful. <br />d. Sedimentation Pond 7 had a leak in the closed gate valve of the primary. <br />Pond 7 is designed so that the gated valve must be completely shut in order <br />to allow for sufficient settling time in the pond before water is discharged. <br />The pond water was leaking at about .OS GPM but appeared to be in <br />compliance. <br />e. Basin Resources has had trouble in the past with leaking primary spillways. <br />At Golden Fagle, a leaking gate valve on Pond 3 resulted in a cessation order. <br />A leak in the dischazge tube of the same pond resulted in a notice of violation. <br />3. The Division recommended that the Board uphold NOV C-94-020. <br />4. Basin Resources, Inc. presented evidence and/or testimony that: <br />a. Sedimentation Pond 8 is an MSHA certified pond and, as such, requires an <br />inspection of the embankment by a qualified, certified inspector. In addition, <br />Basin Resources inspects all of its ponds weekly. Both inspections took place <br />2 or 3 days before the day of the Division's inspection, and no problems were <br />noted with the primary spillway. No dischazge was noted either. <br />b. The dischazge out of Pond 8 was only a trickle and advanced out of the <br />primary outlet only 30 to 40 feet before being absorbed into the ground. Due <br />to the recent storm event, the water level in Pond 8 was at an historic high <br />level. The resultant water pressure forced water through the pinhole. All <br />attempts at stopping the leak before the end of the inspection, including <br />sealers, epoxies and welding, failed due to the lack of a dry work base and <br />the high water pressure. The water that was discharging was probably in <br />compliance. <br />c. Sedimentation Pond 7 has been in heavy use recently due to the heavy rains. <br />The gate on the primary outlet is opened in the morning, if the effluent is in <br />compliance. The gated valve is closed at night. During the day, water <br />quality is periodically inspected for compliance. The night before the <br />inspection, when the gated valve was closed, there was no leak. But on the <br />morning of the inspection day, the small leak appeared. Due to the amount <br />of cleanup work needed after the storm, Basin Resources did not feel a small <br />drip needed their attention. The day after the inspection was over, one twist <br />of the gate valve level stopped the leak. <br />n <br />d. This is not a failure to maintain primary spillways, because this is not an <br />ongoing problem at these two ponds. There is no history of leaks at these two <br />ponds. The pond leak problem at Golden Eagle should not be tied into these <br />two leaks. Neither leak constituted a big problem. There were no massive <br />flows and no dischazge of non-compliance water. Basin Resources worked <br />