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facility appear necessary to support the post-mining industrial activities referenced in the 25- <br />year lease agreement between Gold King and San Juan Corporation. <br />The Board of County Commissioners has indicated no conflict with county zoning and land <br />use regulations for the buildings, referenced under AM-05, to remain as permanent <br />structures. <br />Therefore, DMG determined that the application satisfied the applicable requirements of <br />Rules 3.1.1(1) and (2), and recommended approval of AM-05. <br />2. Comments indicating that financial warranty should be maintained to ensure <br />reclamation of affected lands and reclamation of the water treatment ponds, <br />including removal of water treatment sludge from the wastewater treatment <br />facility. <br />SGC has clarified that although a reclamation bond reduction could result from approval of <br />AM-05, no reduction in the amount of financial warranty is requested as part of AM-05. <br />Reduction in the amount of financial warranty may be requested under a separate and future <br />permitting action but is not part of AM-05. <br />The CDPS wastewater treatment facility lies within the boundaries of the DMG permit area. <br />Operations at a WQCD facility, including maintenance of the facility and potential termination <br />of the facility, are regulated by WQCD. According to the Consent Decree, mine drainage <br />from the American Tunnel has been treated in accordance with the CDPS permit since at <br />least 1985. Since that time, water treatment sludge has been routinely removed from the <br />treatment ponds in accordance with the CDPS permit. SGC has clarified that sludge removal <br />is a permit condition of the CDPS permit. DMG cannot enforce conditions of permits issued <br />by other governmental bodies. DMG can only enforce the specific requirements of the Act <br />and Rules, as delegated by the Board. The existing reclamation plan and bond provide for <br />removal of buildings, surface grading, and revegetation, but does not address sludge removal <br />from the WQCD permitted wastewater treatment ponds. Sludge removal from the <br />wastewater treatment ponds is not an issue under DMG jurisdiction and thereby is not <br />provided for under AM-05. <br />WQCD and DMG each enforce separate statutes and issue separate permits. A WOCD- <br />regulated facility associated with a DMG permit could remain beyond completion of <br />reclamation and termination of the DMG permit. Under the conditions of the Consent Decree, <br />this specific WQCD facility has treated drainage not only from DMG-permitted sites, but also <br />from areas not associated with DMG permits. WQCD recently approved transfer of the <br />CDPS permit to Gold King and Gold King now operates the facility to treat drainage from <br />Gold King property. The CDPS wastewater treatment facility appears to be no longer <br />associated with the Sunnyside Mine permit and may continue well beyond the life of the <br />Sunnyside Mine permit. <br />Even if the reclamation bond covered sludge removal from the WOCD-regulated water <br />treatment facility, it is concluded that the Board and DMG would not have authority to enter <br />those grounds to conduct those activities because those authorities reside under the CDPS <br />permit, which is outside the Board and DMG's authority. <br />