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The mine permit was approved as a 112D permit M- 2012 -032 in late 2012. <br />TR -01 <br />In August of 2013, TR -01 was approved to provide two options for mine water from the portal: a) <br />install a mine water treatment system that consisted of pipes bringing water by gravity flow to a <br />leach field of crushed rock to allow zinc and possibly other metals to precipitate from the water. <br />Gathering pipes would then take the water to a mine water holding pond which would then <br />discharge into Sneffels Creek under the approved mine water discharge permit with the CDPHE and <br />b) allow the water to enter groundwater outside the portal through perforated HDPE pipes. This <br />information was compiled in Appendices 12 and 14. There were also some facility changes which <br />were added as part of this Revision, which were provided in Appendix 13. <br />TR -02 <br />In late 2013 and early 2014, the COE believed that the Revenue Pond, which was built in the 1880's <br />from waste rock produced from the mine, was jurisdictional water of the US. In order to prove that it <br />was not jurisdictional, the COE demanded that the Pond had to be drained to make sure it was dry to <br />show it was not "connected" to any navigable water of the US. This was done, and all mine water <br />was placed in an 8" HDPE pipe and diverted around the Pond to Sneffels Creek. For one 10 day <br />period in June of 2013, the mine water leaving the portal was slightly higher than the capacity of the <br />8" HDPE pipe, due to snowmelt, and some water trickled into the Pond. The COE did their <br />inspection during this exact timeframe and saw some minor water in the Pond. Even though it was <br />clear that it was coming from the portal excess water, the COE held the position that the 0.21 acres <br />of water surface area in the Pond was jurisdictional water of the US and had to be mitigated through <br />a Nationwide permit. This was done in early 2014 and the Pond was mitigated by committing to <br />always maintaining 0.21 acres of water surface area in the mine water pond, which would be <br />constructed as part of the water treatment system permitted in TR -0 1. As part of the Nationwide <br />permit, the COE determined that the DRMS permit was not identical to the COE permit maps, since <br />the DRMS permit still showed the full tailings pile in the Atlas area. Since this area had <br />Revenue Mine August 2012 i -4 <br />