1993-09-02_REVISION - M1988112 - Laserfiche WebLink

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~i will play in the Division's determinations regarding release of reclamation liability and bond. In the course of the July 2 meeting BMRI noted its objection to conditions 1 and 5 in that these conditions as proposed would impose additional obligations on BMRI with no clear or objective standards by which BMRI's compliance with the obligations could be judged except for a demonstration "to the Division's satisfaction". In addition BMRI representatives questioned how the requirements of these conditions would be integrated with the requirements of the new regulations pertaining to groundwater impacts of mining operations as promulgated by the Board on March 25, 1993. Specifically, those rules contain provisions relating to protecting uses, applicable standards, monitcring requirements, the establishment~of compliance points, and the release of reclamation liability which would potentially overlap the issues covered by conditions I and 5. As we noted at the meeting, BMRI does not believe that it is in anyone's best interests to attempt to address issues in conditions which will have to be readdressed under the new regulations within a matter of months. Candidly, the Division has not yet clearly responded to these issues. As we noted at the meeting, BMRI has no conceptual objection to filing a technical revision as outlined by the proposed condition 3. In our view such a filing would constitute a "modification" and therefore under Rule 6.2.(3)(d) such application could not be approved by your office unless it includes conditions adequate to implement all applicable ground water quality standards. we would suggest that such a revision could provide the vehicle to resolve BMRI's issues with respect to proposed conditions i and 5 within the framework of the new regulations, while at the same time concluding all issues related to compliance with the new groundwater rules for the site and avoiding redundant 8nd unnecessary reviews. For this reason we would propose that conditions 1 and 5 be deleted and proposed condition 3 be revised as follows: 3) BMRI will submit within 90 days following final approval of TR-O8, a technical revision whi h, when approved, will outline the manner in which BN~jRI will demonstrate to the Division's satisfaction that the quality of the ground water beneath the tailings facility meets the applicable requirements of Rule 6.2.(3) prior to request by BMRI for full release of reclamation responsibility and bond. The technical revision contemplated in this condition will be sufficiently comprehensive to reflect compliance with all requirements of Rule 6.2.(3) for the site and submitted under the intent of subsection 6.2.(3)(e) as a voluntary application.