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any temporary modifications that may be appropriate. It is possible that we will propose to base <br />the underlying standards on the water quality measured at sampling location AG-1 and temporary <br />modifications on the water quality measured at AG-1.5 and AG-2. Once the historic tailing <br />material in Arequa Gulch is removed, the temporary modifications would no longer be necessary <br />and the underlying standards will apply. <br />We are confused about the statements in you letter concerning the relationship between water- <br />quality standards and the need for a permit. It is our recollection that WQP-5 allows for permit <br />inactivation for facilities that can show that the effluent can meet water-quality standazds without <br />treatment. If this is the case, we do not understand how the Division can take the position that <br />a discharge from an azea of excess overburden which meets water-quality standards needs a <br />permit. <br />As stated, we would like to meet with you and with Dennis Anderson to try to resolve as many <br />issue as possible prior to March 29, 1995, and to meet thereafter prior to the Commission <br />hearing in August. <br />Thank you for your assistance. <br />in. , <br />E. <br />Environmental Affairs <br />cc: Dennis Anderson WCQD <br />Berhan Keffelew OMLR <br />FILE: CCkVNPDE.003 <br />2 <br />