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<br />PAGE 5 <br />minimal amount of water. The water leaking out at the time of <br />inspection 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 />less. Both leaks are insignificant and non-detrimental. <br />Seriousness is extremely low. ' <br />FAULT:. Again, extremely low,. <br />problems associated with .these lea <br />leakage prior to filling to the levy <br />Detection of this problem was not <br />Pond 007 gate valve normally seals. <br />there was no indication of leakage. <br />No major structural damage'or <br />cs. Pond 008•gave no hinC~of <br />:l that the major.storm caused. <br />possible prior to this event. <br />Upon closure the night before, <br />GOOD FAITH: Maximum credit should be given. Many :attempts. <br />have been made to ,seal the leaks. The right method and materials <br />have now been found to solve the problems. Pond 007 gate valve has <br />t been repaired. Thie:was accomplished on~August•:13.:,:,The..leakage <br />~ from pond 008 has also been eliminated. <br />( In summary, the problems caused ,by the August 3 storm at the <br />l New 81k Mine represented the effects of a greater-. than~l0,year/24 <br />hour storm event that devastated the mine site. There was no <br />- failure.to'design,.construct, or maintain the structures that were <br />damaged by the storm; the design capacities. of tlieae- 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 />~ and funded by Basin.' ' <br />Basin requests the,Division.rGview.the €acte:o# the three NOVe <br />and consider 'the foregoing information carefulTp. during the <br />penalty-formulation. stage of its deliberations. Basin believes <br />that, based.on;the foregoing information, there is no .basis for.aay <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 />-~'Ralpki L z <br />Environmental Engineer <br />