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<br />very carefully until the access situation is resolved. If you <br />recall, there was a culvert that required cleaning at the Northern <br />#1 site last year. This was done promptly without a problem. <br />3) I must point out that this entire access problem with the <br />Rienau's was the result of a violation issued for a supposed slump <br />on the downstream Rienau pond two years ago. Although it was later <br />proven that a slump did not occur and the violation was thrown out, <br />at the time the Division did require that the pond be repaired <br />immediately. Upon bringing in a backhoe to perform the work, Rienau <br />kicked the backhoe and the operator off the property and began his <br />demand for a payment of a huge sum of money. We are still dealing <br />with this problem. <br />4) In the 13 years that I have been associated with the mine, I <br />have never seen water discharge from the pond and it has never <br />required cleaning due to sediment buildup. Approximately 95`.K of the <br />time, it never holds any water. In summary, there was absolutely no <br />environmental damage as a result of the culvert being partially <br />plugged. <br />I sincerely hope that the above items and the prompt cleaning of <br />the culvert will serve to allow a minor penalty on the violation. <br />If there are any questions, please call. <br />Sincerely yours, <br />~~ ° ` <br />Greg Lewicki, P.E. <br />Greg Lewicki and Associates <br />