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~' also reviewed and measured which indicated that additional work must be preformed to achieve compliance. The Rock Check Dams were also reviewed, even though on the June 11 inspection report in paragraph five, MLRD states that the compliance of 22D (Rock Check Dams) was fully satisfied. HWC was reviewing these requirements and preparing plans and scheduling to do work indicated in the July 16, 1992 report, received on July 20 when notified that another inspection had taken place on July 28, 1992 by MLRD, the landowner and a representative of the energy fuels mine. The area had experienced a heavy rainfall in a short period of time on July 24, 1992 and some of the work completed in June did not withstand the heavy rainfall. The most serious item was that the berm between the Rock Check Dam run off area and the newly constructed Diversion Ditch was breached allowing water from the disturbed area to flow into the Diversion Ditch, and MLRD issued a N.O.V. No. C-92-D17 to HWC for this violation. HWC received the N.O.V. on August 3, 1992. On August 5, 1992 a MLRD representative and a HWC representative went to the site, reviewed the situation, and discussed the N.O.V., in addition to other items of the compliance agreement which did not comply. HWC agreed to complete the work as soon as possible. However, it was also agreed that the timing was contingent on the weather since the area was extremely wet and, due to the limited access to the side, it was not possible to get equipment into the site at that time. During the following two weeks the weather did not improve and became worse with some of the heaviest rainfall recorded in the past twelve years. On August 14, 1992, approximately one week after the August 5 site visit, HWC was notified by MLRD that a very heavy rain storm had occurred and that a sink hole was developing at the outfall area of the newly installed Diversion Ditch. MLRD's concern was that the water would some how enter the adjoining mine and that HWC must take corrective measures. A meeting was scheduled with the land owner, Dr. Corley, for Tuesday the 18th in order that HWC could get his permission to enter the property on the north side. During this meeting, Dr. Corley had informed HWC that he was going to file a law suit requiring HWC to remove the culvert which MLRD instructed HWC to install as part of the Compliance Agreement. Dr. Corley gave HWC permission to enter the area and take what ever emergency action to stabilize the outfall and correct the runoff, which may or may not have been draining into the underground workings. HWC representatives then went to visit Energy Fuels about the situation. A meeting with Mr. Randy Acers and the HWC representatives took place at which the outfall drainage was discussed. It was agreed that HWC could have access to the site through Energy Fuels to complete the emergency repairs. It was also noted by Mr. Acers that this was not a new problem and that water had entered the mine on other occasions. However the source of the water could not be determined and may have been coming from anywhere along the Magpie Diversion Ditch.