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Fvm Jefl German Fa. .1(303)5.&9922 Ta. Berhan Keflelrx Far. 1303)9]2-9100 Paga 3 v! B TueaNy, Mey 09. 2000 7.1] PM <br />Colorado Wild <br />VJATFR lliJ.AI.iTY' <br />Arrlendmenl R, with some nulable exceptions. is premisecl un CC V`s claim Thal a:urrenl xile <br />operation. ere in full compliance with Gale and fedcrayi avalcr yualily law.. However, there <br />appears to be significant doubt as to this assumptiol~y°'given the facility's compliance record over <br />the last several years. In pnnicular, CCV has admitted. though public dOCLIn1LIVp, that its <br />operations have exceeded stale water quality xtandards a number of times in the last year alone <br />for both weak acid dissociable cyanide (WAD CN) and zinc. <br />1. The Colorado Water Quality Control Division (WQCD) has cottfirmed that W AD CN levels <br />were exceeded in the Arequa Gulch area. <br />[F]low recnrdc and campling data talr?n at th? taa~n 21 inch and?rdraina, th? North llnd?rdrain <br />(NUD) and the South Underdrain (S[JD), ... confirtned that the two drains are thL principle <br />cotriributing soutnes to thL CN-LILAD exeLedancas.... <br />The complex uahtre oftltis site and theories a.c to the cause of the high CNWAD values proposed <br />by CC&V lead the Division to believe a definitive cause of the CN WAD exceedences may not <br />t>z idm3tifitd, but the heavy precipitation likey had a significant influence. <br />Lt the Mardt 13, 2000 letter from Carla J. Latil:cy. WQCD. to Scutt Ltwis, CCV, at p. 2, <br />cyanide exceedences las4ed "May through :lugust 1999." <br />2. CC V has also excevdvd zit3c levels in the Carltuu Tutnte 1, which CCV adtniu drains the <br />project area. The WQCD confirmed that zincaevels were exceeded. <br />[H]eavy precipitation caused a Rushing wnditiun in the native ruck which, in turn, caused <br />exceedences ofthc zitrc effluent lin3it ntions for Outfnll 002.1 <br />at p.l. <br />Despite these exceedences, the_Vl{QCD decided tint to proceed wit!? formal enfurceu3etu.acticvas... ......... <br />agautst CCV. However, there is uo guarantee that such exceedences will trot occur again. CC V <br />attributed the exceedences vn above-average rain and snvwmelt in 1999. These levels were well <br />below thL 100-year. 24-hour event. Tbus, it i9 very likely that the exceedences may happen <br />again. <br />CCV has failed to undertake any remedial action to prevent these exceedences from rc-occrlming. <br />The fact that precipitation in Arequa Gulch ntay have caused the problem should not excuse <br />CCV from fixing it. For example, it cyanide exceedences were caused by saturated conditions, <br />CCV can inwtall curve ii vc nacauarrc> lu en>ure aalu ralcJ cunJiliuns Ju nut infer d with the u1J <br />failings materials under the Vallev ].each Facllrl\' (\`i .F) that CCV claims b1 have caused the <br />problrut. Motutoring, pu toping. and treating anc acater that may Lxeerd any water quality <br />rcquvcmcnts should be required. <br />