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Page 3 • • <br />Dr. James A. Pendleton <br />July 31, 1992 <br />With the understandings set forth above, BMR would concur with <br />the conditions set forth on pages 2 and 3 of the MLRD letter <br />with the following modifications: <br />(1) For purposes of monitoring of cyanide levels within <br />the tailings from the BMR ore processing plant and <br />triggering the response actions set forth below, the <br />WAD cyanide and total cyanide analyses performed on <br />the tailings exiting the Inco reactor will be <br />averaged over a period of 30 consecutive days. The <br />30 day rolling average analyses shall consist of a <br />minimum of four samples taken five to nine days <br />apart. BMR may perform analyses as often as one per <br />day, at BMR's discretion. All analyses performed <br />shall be reported to the Division. A 30-day rolling <br />average shall be determined weekly for all the <br />analyses performed during the preceding 30 days. <br />(2) Each sample shall be representative of the medium <br />from which the sample was collected. Samples will <br />be collected and stored in compliance with the <br />Sampling and Analytical Protocol (TR-006). BMR may <br />analyze these samples using on site methods approved <br />by the Division. However, a minimum of one sample <br />per week shall be subjected to laboratory <br />verification in accordance with the approved <br />analytical protocol contained in TR-006. BMR shall <br />forward copies of all analyses and all weekly <br />rolling average determinations to the Division once <br />a month, no later than the fifteenth day of the <br />subsequent month. <br />(3) In the event that any weekly 30-day rolling average <br />determination is four.3 to exceed 3.8 m~/1 WAD <br />cyanide and/or 4.4 mg/1 total cyanide, BMR shall <br />notify the Division of such weekly rolling average <br />determination and forward copies of all involved <br />analyses no later than the following work day. <br />Following any non-compliant rolling average <br />determination, BMR shall sample the active pond no <br />later than the following day and submit the samples <br />for analysis in accordance with the approved <br />protocol. <br />(4) In the event that two subsequent weekly rolling <br />average determinations exceed 3.8 mg/1 WAD cyanide <br />and/or 4.4 mg/1 total cyanide, BMR shall provide the <br />Division with a written explanation of the technical <br />reasons for non-compliance and a description of the <br />