2017-11-30_REVISION - C2009087 - Laserfiche WebLink

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24) Groundwater quality and quantity information found in Section 2.04.7 and Exhibit 2.04.7 -EI is referenced in Section 2.05.6(3) and elsewhere within the PAP. Exhibit 2.04.7 -EI contains a collection of documents that are not paginated or organized, making it difficult to find specific information. In accordance with Rule 2.03.3(1), please paginate and organize Exhibit 2.04.7-E1 and create a table of contents for this Exhibit. Response: Exhibit 2.04.7-E1 has been reviewed and organized with section dividers, pagination, and a table -of - contents, to facilitate reference and use. Copies of the updated information accompany these responses. 25) The Division is aware of a Notice of Violation/Cease and Desist Order (#:10-120912-1) issued by the Colorado Department of Public Health and Environment's Water Quality Control Division (WQCD). A subject of the WQCD NOV is the exceedance of the effluent standard of selenium associated with Outfalls 002 and 004. Elevated selenium levels are not addressed in the probable hydrologic consequence (PHC) as approved in Section 2.05.6 of the permit. In accordance with Rule 2.05.6(3)(b)(iii), please update the PHC section of the permit to reference a potential increase in selenium during mining. If PSCMfeels that a discussion regarding the increase of selenium levels is not justified or warranted in an update to the PHC, please provide a justification for the exclusion of such discussion. Response: The referenced selenium exceedence and associated NOV and CDO were the result of "upset" conditions associated with near -record snowpack, and extremely high subsequent spring runoff and infiltration which mobilized both naturally -occurring selenium and selenium in the reclaimed mine spoils from the previous Seneca II mining operations. The regulatory aspects of the NOV/CDO are addressed in the updated information provided in response to Comment 8 (Section 2.03.5). Additional factors relative to the PHC include current effluent limitations which do not recognize or account for high ambient levels of selenium, unrealistic selenium limits which do not correlate with actual aquatic impacts, and existing wetland passive treatment systems which are effective in reducing selenium to compliance levels but which are not considered by the CDPHE-WQCD relative to the point -of -compliance where potential impacts are measured. The noted considerations are the substance of a current legal challenge. The PHC has been revised and updated to reflect the current information and perspective re: selenium levels in discharge from mine disturbance and reclaimed areas. Copies of the updated information accompany these responses. 26) In accordance with Rule 2.05.6(3)(b)(v), based on any updated PHC section of the permit discussed in the previous item, please update the hydrologic reclamation plan specifically addressing any adverse hydrologic consequences resultingfrom elevated selenium levels. Response: Please refer to the previous response. 3.03.2 - Determination of the Bond Amount 27) The Division updated the reclamation cost estimate for the site. The last substantial update to the reclamation cost estimate occurred during the Midterm Review (MTI) of the permit conducted in 2013. Since then, there have been several revisions and two bond release (SLI and SL2) approvals that have changed the liability amount. The reclamation cost estimate enclosed with this letter takes into account the approved revision and bond release applications. The current liability for the site is $3,636,389.73. The Division's updated reclamation cost estimate liability amount was calculated to be $3,753,199.27. The Division is currently processing, and has yet to approve, the SL3 bond release application. Given this, the liability associated with the SL3 bond release application is included in the updated cost estimate. Please review the cost estimate. Response: Bond Release SL -3 was approved on April 24, 2015, a bond reduction was approved in August 2016, and the SL -4 Bond Release Application is currently under review. Given the bond release status and the time interval that has elapsed since the 04/15 CDRMS renewal comments and associated bond calculations, CDRMS has reviewed and updated (11/14/17) the reclamation cost estimate. PSCM has reviewed the updated cost estimate, resolve a related question, and concurs with the updated cost estimate.