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e~ III III III III IIII III • MINED LAND RECLAMATION DIVISION Department of Natural Resources t 3 t 3 Sherman St.. Room 2 t 6 Denver. CD 80203 303 866 3567 Ra x. 303 832-8106 August 17, 1992 Mr. Roger Flynn Land And Water Fund 1405 Arapahoe, Suite 200 Boulder, Colorado 80302 RE: Sediment Loading to the Rito Seco Dear Roger: STAT~bF COLORADO pF,p~r-0 ~e .~~~"~ • 3i,~.,~ ~ r876 Ray Romer. Governor Michael G. Long, Dlvisicn Drtecior Thank you for your correspondence concerning sediment =_oading to the Rito Seco. We will, over the next couple of months be in contact with the Soil Conservation Service to discuss available options to deal regionally with sediment loading to the river. Also, I will contact Dave Bucknam concerning options under the non- point source program. From an enforcement and inspection standpoint, we will continue our elevated inspection frequency until the cyanide is back at permitted levels and the INCO process is fully functional. During that time period all aspects of the mine site will continue to be inspected. However at this time, our inspection report: indicate that the operation is in compliance, with the exception o= cyanide. As you know, when a permit is approved, it is approved on the basis that its operations will minimize impacts to the hydrologic balance (See Rule 2.1.1.(8)(b)(iii). According to Rule 6.:? (1)(b), minimization means compliance with applicable Federal and state water quality laws and regulation. We have no information to suggest that a water quality violation has occurred from sediment loadings. If that event should happen then we may be in a joint action with the WQCD. As a more positive approach, all mine operators are required to file an application for an NPDES storm water permit by Ctctober of 1992. That permit will require an operator develop a Storm Water Management Plan (SWMP) to control storm water runoff pollution by a specific date. If there are any inadequacies in the operations sediment control practices, the storm water permit and SWMP will address them. The SWMP will not be tied to meeting a numeric standard, but will require a commitment to specific storm water runoff sediment control practices. I see the storm water program as a sediment minimization program.