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1212712004 �ION 9:5I FAX 218 283 1162 Kooch Court Admi� <br />Permit V�alations--Bvxaasscs <br />35. The project will not violate, or contributeto any violation, of azay dischargep��� <br />utilic�d by North Kooch. North Kooch has a liccr�se� cap�c:ity of 2.3 �illuori gallons <br />of wet weather flow. North Kooch currently averages approximately one nYilIic�z� <br />gallons per day. Over �,c �atit several years, North Kooch has experienced several <br />bypasses. North Kooch has never bcen c��ed for a violation o f any rule �� �s <br />specifically allowed to bypass under certain circumstances. Any such bypass &om <br />North Kooch which has occurred flows into the Rainy River, not Rainy �ake�, <br />36. The proj ect �}� not contribut� to a bypass event in any msruier for two reasons. <br />��11���fi <br />� <br />First, there will bc a storage �-rk with a capacity of approximately 80,000 gallons. <br />Th� Jackfish Bay Project is designed to contribute 56,000 gallons per day of wet <br />weather ilow_ Therefore, this storage tank would handle any si�a�c�t bypass. <br />Second, �ny bypass situation would require North Kooch to divert a11 flow from t(�e <br />East Kooch system v�d the .�ac��l1 Ray sys�.en� into the South International Falls <br />haiding ponds. These ponds cover 49.4 �az�� and have a total storage ca�ac�ty of <br />approximately 75 million gallons. These ponds have never been 1�3i and have never <br />c�vetfl.avve� in the past twenty years. Therefore. �l�is project �l� not Iikeiy or <br />materially cor�tr�b�te to a bypass evcnt. <br />37. The project is not intendedto possess, nor is it required to possess an environmental <br />quality ���t �a� discharges under t�� �r�� Water Act, 42 U.S.C. 402 or any other <br />regulation. Rather, North Kooch holds any permit required. <br />r L�or wk�al it may he worth in this ���, � Court �tiuex Ei�at there 3Y�€ no evirlenc� if�at the R�i�ny k� ivcr 1� been <br />desig,nateri as an 0 RV W, only l�ainy Lt�kc The �artles sc�n�ed to be concentratrng thei�• ��`forts 4n tlte preservation <br />of Rainy �.ak�s and i�ideed, t�►c projectarea only covers Ralny Lake. Whether it is perrnissiblc to discharge any <br />e�uent into Rainy River is not before this Cauirt as such except as to tllis issuc, t►nd this Court is not c711ed upon s� <br />comment on tlze ur�dvr�,inb;e value of Rainy River as a 6eauti ('ul or valuable natural r�gq��ce, <br />tl <br />