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and positioning the dragline at the site, cleaning each pond with the dragline and <br />hauling pond clean-out away in trucks. The dragline operation continued for <br />approximately one month (id. 62). The dragline pond cleaning was conducted Monday <br />through Friday and some Saturdays (id.). The sequence of the pond cleaning was first, <br />the uppermost pond (Pond No. 1), then the lowermost pond (Pond No. 3), and finally <br />the middle pond (Pond No. 2). The order in which the ponds were cleaned was at the <br />direction of MLRD (id. 61). <br />The effect of the pond cleaning on the Outfall discharge was described by <br />MCR witness Jones as follows (id. 62 -63): <br />Q. Let me ask, Mr. Jones, what was the effect of this drag line [sic] <br />cleaning on the discharge from 016? <br />A. It was making it pretty bad as far as TSS. <br />Q. You say pretty bad. Was it black stuff that was being discharged <br />from the ponds as results of this cleaning? <br />A. Yes, it was black. <br />The principal material removed from the Outfall No. 016 ponds by the dragline was <br />ice (id. 60 -61). <br />On Thursday February 23, 1989, some 13 days after the cleaning of the <br />uppermost pond began, WQCD witness Vann took another sample from Outfall No. <br />016. The dragline was still cleaning Pond No. 1 (1 Tr. Vann, 232 -233). This fact was <br />noted in WQCD Exhibit No. 51, lower left -hand corner, and depicted on the sketch. <br />SAMPLING BY STATE OF COLORADO (MLRD & WQCD) <br />Samples from the spill- or outlet pipe at Outfall No. 016 were taken on the <br />following dates by the representatives indicated: <br />Mid - Continent Answer Brief <br />- 11 - Appeal No. 93 CA 297 <br />