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-- <br />Larry Perino, Superintendent - Technical Services <br />Sunnyside Gold Corporation. cDPS Noe. CO-0027529 and Co-0036056 <br />Pegs 2. r <br />1 <br />,~' <br />Normally, we would react to a legitimate delay (such ae this, if it occurs) by <br />issuing a schedule of compllance to delay the date of compliance until the date <br />that construction ie expected to be completed, if reasonable. However, your <br />facility ie subject to federal section 304(P), as I am sure you are awe~re. We <br />are not certain at Lhie time how, if at all, this affects our authority to issue <br />a compliance schedule for this situation. We have a request with the l~ttorney <br />General's office for an opinion on this general subject; however, they will be <br />unable to study this until after the first of next year. Unless preven+.ed from <br />doing eo under 304(P), we would likely use enforcement discretion to address this <br />situation. <br />We realize this response does not fully answer your concerns. Please un~9eretand <br />that there is no more that we can do at this point. As more information becomes <br />available, we will inform you. <br />Please keep us advised of the progress related to the approval process. We will <br />keep in contact with the CDHG as well. It will facilitate our revi~aw if we <br />receive copies of any data submitted to CDHG which address the hydrology of the <br />mine. <br />Pending receipt of approval of this project by the CDMG and subsequent acceptance <br />by the Division, the time frame for drafting of your permit amendment i.a hereby <br />suspended. The amount of days between this letter and your submittal will not <br />be included in the 180-day drafting time frame, nor will the time required for <br />our approval process. <br />We note your compliance with Part II.A.1. of both permits ae a result of receipt <br />of your August 27, 1992, letter. <br />Please contact me at (303)+692-3605 if you have questions. <br />Sincerely, <br />~~~- <br />Jon C. Kub is <br />Engineering Technician <br />Permits and Enforcement Section <br />WATER QUALITY CONTROL DIVISION <br />xc: MS-3 Files (CO-0027529 6 CO-0036056) <br />Jim Horn, Field Support Section, WQCD <br />Amelia Whiting, CO Attorney General office <br />Jim Stevens, Colorado Divialon of Hinerale and Geology <br />EPA Region VIII Enforcement Section <br />Local Health Department <br />