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COLORADO DEPARTMENT OF PUb~lC HEALTHAND ENVIRONMENT, Water Quality Control Division <br />Rationale -Page 5, CO-0027529 <br />f. Salinity Regulations: In compliance with the "Regulations for Implementation of the Colorado Salinity <br />Standards Through the CDPS Permit Program ", the permtttee shall monitor for total dissolved solids on a <br />quarterly basis. Samples shall be taken at the effluent discharge point. <br />3. Whole Effluem Toxicity (WET) Testier <br />The plugging of the American Tunnel has reduced mine flows to negligible levels and flow may soon cease. <br />Additionally, the receiving stream has no aquatic life use classifications. As a result, the Division has determined <br />that neither WET limitations nor monitoring are required for this permit. Should plans change, and a conh'nuous <br />discharge be projected to continue for a lengthy period into the future, the permit will be amended to include WET <br />conditions at that time. <br />4. Consent Decree Requirements That Affect Perntit <br />On May 8, 1996, the Division and the permittee entered into a complex Consent Decree. This decree stipulated, <br />among several other items, that the permittee will construct bulkheads within the American Tunnel with the goal <br />of preventing surface discharge from the tunnel. The latest information available [o the Division indicates that <br />the permittee has nor completed this bulkhead, thus discharge continues and is treated by the permirtee and <br />discharged. <br />This Consent Decree further stipulates that the Division will consider whether permit termination is appropriate <br />if the following items occur: <br />a) Five years have elapsed since the date of valve closure at the American Tunnel property line plug; <br />b) Two years have elapsed since notice of mine pool equilibrium have been given; <br />c) Valves and pipes in the seals in the American and Terry Tunnels have been grouted.• <br />d) Hydrologic controls and seals eliminating flows from the lower American Tunnel portal have been <br />completed, or this permit has been accepted by another party or parties; <br />e) All projects listed as "A"list projects in the Consent Decree have been confirmed by the Division as <br />completed: <br />,f) Treatment of Cement Creek has ceased' <br />g) It is demonstrated that Reference Water Quality, as defined in the Consent Decree, is being maintained <br />witho~ ccruin..e~ tre~ement ;f Cement Creek. <br />None of these activities have been completed at the time of this permit rationale, thus consideration of permit <br />termination is not appropriate at this time. Therefore, the permit is being renewed. <br />The Consent Decree stipulates that, as long as the permit remains in effect, it shall contain effluent limitations <br />unchanged from the previous permit. <br />5. Stormwater Evaluation <br />Stormwater discharge permits are required for active and inactive metals mining facilities as covered under <br />Standard Industrial Classification (SIC) Code 10. <br />Division records indicate that the Sunnyside Gold Corpor tiou has coverage for storrnwnter discharges for the <br />American Tunnel mine site under a General Storrnwater,~ischarge Permit for storrnwnter discharges associated <br />with Light Industrial activities, number COR-040052. Stormwater permitting issues for this rnine will be handled <br />separately by the Divisior:'s storrnwnter group, although this permit may 6e reopened at a later date to incorporate <br />stormwaterprovisions, ifdeemedappropriate. <br />