2004-11-08_REVISION - M1977378

• Permit No: M1977378
• IBM Index Class Name: Revision
• Doc Date: 11/8/2004
• Doc Name: Review of TR Requirements
• From: DMG
• To: AGO
• Type & Sequence: TR14
• Media Type: D
• Archive: No

STATE OF COLORADO
AND
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
DATE:
TO:
FROM:
RE:
November 8, 2004 /
Steve Brown, AGO /
COLORADO
DIVISION OE
MIN SRALS
GEOLOGY
RECLAMATION•M INING
SAFFTY•SCIENCE
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Canany
Division Director
Natural Resource Trustee
Allen Sorenson ~ ~ / /
,~/
Review of Technical Revision TR-14 Requirements, Sunnyside Gold Corporation,
Sunnyside Mine, Permit No. M-1977-378
Compliance with the terms of technical revision TR-14 to the Sunnyside Permit has been achieved. The
primary compliance requirement was to conduct intensive inspections and sample all discharges in a study
area surrounding the mine that was established during the review period for the TR. The Operator was
also required to monitor the conjunctive flow in selected drainages surrounding the mine. These
requirements were designed to detect and characterize new or increased emergence of ground water
related to the flooding of the Sunnyside Mine. The terms of the TR required that inspections and sample
collection continue for two years following the equilibration of the Sunnyside mine pool. Equilibration
occurred in November 1999; the required inspection and sampling program terminated in November
2001. Through the inspection and sampling program, it was determined that the flooding of the
underground workings did result in increased surface flows to streams surrounding the mine, particularly
from the nearby Mogul Mine, but also from other locations. The Mogul Mine has since been plugged by
installation of a concrete bulkhead.
In 1993, the Water Quality Control Division issued a finding that any new or increased flows to surface
caused by flooding the Sunnyside Mine would be point sources requiring CDPS permits. Sunnyside filed
suit in District Court challenging this finding. The lawsuit resulted in the Consent Decree entered into
between Sunnyside and the WQCD; this Consent Decree essentially employed what the WQCD termed a
"bubble concept" for water quality in the Upper Animas River. Sunnyside would be allowed to flood the
mine, and the expected new and increased flows to surface surrounding the mine would be allowed to
develop without the need for individual CDPS permitting as long as Sunnyside took necessary and
appropriate measures to assure that water quality at monitoring point A-72 in the Animas River did not
degrade beyond the water quality at that point prior to mine flooding when 100 percent of flows from the
American and Terry Tunnels were being treated. It was DMG's understanding that Sunnyside would not
be released from the CDPS permit at the American Tunnel until it was demonstrated that water quality at
A-72 could be maintained without the need for active treatment. What is not clear to DMG at this time,
and should be discussed with WQCD at our meeting on November 9, 2004, is as follows:
1. Is the water quality at A-72 acceptable even without active treatment of remaining American
Tunnel flows and treatment of Gold King Mine discharge?
2. Was Sunnyside Gold Corp. released from its CDPS permits through full compliance with the
Consent Decree, or simply because the permit was transferred to Gold King?
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey