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amount of twigs, leaves and other debris that enters the ponds <br />greatly increases during rainfalls of this magnitude. Rule <br />4.05.9(e) states that the ponds must be maintained according to <br />the standards of the SCS document, however, it does not <br />specifically state what time period is allowed to do this <br />maintenance. in view of the extreme rainfall all summer long and <br />the fact that the mine is reclaimed and not active, the operator <br />simply must have time to perform required maintenance. <br />3) Regarding Violation C-92-019, I contend that the maintenance <br />was performed. The pond dam was bored through by a gopher. As <br />soon as we knew of it, we repaired it. The repair was done prior <br />to the inspection! What more could we do! <br />4) Normal maintenance items such as a clogged spillway pipe are <br />normally handled with a phone call to the operator or his <br />representative and the matter is simply remediated. I cannot <br />understand, for a mine that already has no control of its surface <br />and that has actually tried to do everything that has been asked <br />of it by the Division, that it would be treated in this way. I <br />don't feel that this is the intent of the law. <br />violation C-92-020 <br />This violation was also issued for plugging of the principal <br />spillway of Pond 15P-11. Rule 4.05.6(3)(a) is cited. This is also <br />based on the pond not having capacity to contain the 10 year 24 <br />hour event. Again, a 72 hour dewatering time must be allowed. The <br />regulations do not say anywhere that this is an unacceptable <br />dewatering time. If it is not allowed, detention time cannot be <br />met and this defeats the purpose of the pond. Exceeding of the 72 <br />hour dewatering time has not been demonstrated by the Division. <br />Sincerely yours, <br />a4~"' "`ma'r" ` <br />Gr~ eg"Lewicki <br />Greg ~ewicki and Associates <br />