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05i10i00 1a: a9 LRND & wgTER FUND OF THE P.OCKIES ~ 3038328106 NQ.853 D08 Regarding water quality monitoring in Wilson Creek/Bateman Gulch, any ground water monitoring well should be installed npgradient from the old city dump. This would reduce the chances ofnon-project-related influences on the monitoring results. CFV also requests that CC&V supply ail of ite monitoring data to the public in real-time form to allow adequate dissemination of information to the public. This can be done over the interact or similaz electronic media so that the public has access to all the raw data that the company sees. F. The New External Ponds Must Be Netted to Protect Wildlife Although CCBtV admits that WAD CN levels may be as high as 50 ppm in the new external ponds, it fails to commit w adequately protect birds and other wildlife from the ponds. MLRB Rule 6.4.20(1.6) requires "measures to prevent wildlife from coming into contact with designated chemicals ...." At a minimum, pond covers to ensure that no buds would be attracted [o, or could land on or in, the ponds must be required. Vague assurances that CC&V "will continue to investigate additional avian wildlife protection measures for the external ponds," are insufficient. Vol. I at 74. TI. Failure to Eusure That the Project Complies wit4 Water Quality Protections Amendment 8, with some notable exceptions, is premised on CC&V's claim that current site operations are in full compliance with state environmental laws. That is not true. As admitted by CC&V, the operations have exceeded state water quality requirements for a number of parameters since large-scale open pit operations began in 1995. For example, the Water Quality Control Division has confirmed that WAD CN levels have been exceeded in the Arequa Gulch area. [F)low records and sampling data taken at the two 24 inch underdrains, the North Underdrain (NUD) and the Souilt Underdrain (SUD), .., confimted that the two drains are the principle contributing sources to the CNwno exceedences.... The complex mature of this site and the various theories as to the cause of the high CNwnn values proposed by CC&V lead the Division to believe that a definitive cause of the CNwno exceedences may not be identified but the heavy precipitation events likely had a significant influence. March 13, 2000, letter from Carla J. Lenkey, WQCD to Scott Lewis, CC&V, at p. 2. These cyanide exceedences lasted "May through August 1999." Id. CC&V has alsd exceeded zinc levels in the Carlton Tunnel, which CC&V admits drains the project area. The WQCD confirmed that zinc levels were exceeded. "[H]eavy precipitation caused a flushing condition in the native rock which, in rum, caused exceedences of the zinc effluent limitatinnc fnr nutfall 002A." Id. nr n t.