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A.J. W~'_dron February 17, 1995 Re: 1993 snd 1994 Annual Hydrolo^,ic Reports The Division had an opportunity at that time for enforcement of the deficiencies in the monitorin,^, grogram, including the information missing from the :g93 Annual hydrologic Report. From ~'otice of Violation f-g.t-007, page 3, copy enclosed. ";nature of V'olation: Failure to condt:ct surface water and groundwater monitoring at the Somerset/Sanborn Creek mines in accordance with R:~.le ".05.13 and the requirements of the mine Permit application (r_-81-022)" The April 1994 monitoring for :Iubbard Creek, station H-1 was conducted April 30. As stated in the 1994 4nnual Hydrologic Report, page 3, copy enclosed. "In April, the flora raas not meastircd because of safety concerns wit}: the spring runoff." historical flow data from Karch 1986 to October 1992 for station li-1 is presented in the 1991 and 1892 Annual Hydrologic Reports, copies enclosed. While I cannot guarantee the accuracy of any previous data, I estimated the spring runoff conditions based on my experience at the mine to date, copies enclosed. Station FI-1 for the flow in Hubbarc; Creel: is the culvert at the Locaer Hubbard Creek Site. The culvert is 20-feet wide by 12.5- feet high by 60-feet long. In order to measure the flow through tine culvert, the culvert is entered from the stream hank at a point approximately 5-feet high on the side of the culvert. The depttr and width of the flow are measured at 2 or 3 locations, and t}ie velocity of flow is measured by timing a floating object along the length of the culvert. This requires walking in the flow through steel culvert. If the flow values for spring rL~noff are accurate, the flow in the culvert could be from approimately 65 cfs, April 1990, to 192 cfs, ~;ay 1987. The depth of the o;ater could be about a foot deep flowing at about 10 feet-per-second. Standing on the corrugated steel floor of the culvert in an average 100-cfs flow travelling at 7 miles per hour would be difficult., and a person could be easily so:ept into the deep pool at the discharge end of the culvert. Somerset yinin~ Company will not, and can not, endanger the health and safety of employees. 1lhile the Division, as government agency, may not be under the jurisdiction of the Federal vine Safety and Health Ac•t of 1977, or the Mine Safety and Health Administration, Somerset ?fining Company is. Please reference the L'.S. Department of Labor, !1SHA, Program Information Rnlletin tio. P94-2, Jan. 24 1991, copy enclosed, and Section 105(c) of the Act. The monitoring parameters and schedule were chanted to parameters 1