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1 <br />' Homestake Mining Company -Bulldog Mine-Lower Tailing Pond <br />' 1.0 Purpose and Need <br />In March 1993, the ground water protection provisions of the Colorado Mined Lands <br />' Reclamation Act-Mineral Rules and Regulations, Rule 3.1.7, became effective. The intent of <br />Rule 3.1.7 is to provide assurances that mining activities do not degrade the beneficial use of <br />ground water. As a result of this Rule, the following events occurred relative to the Bulldog <br />' Mine: <br />December 8, 1994 -the Colorado Division of Minerals and Geology (DMG) notifies Homestake <br />Mining Company (HMC) that pursuant to Rule 3.1.7, the Bulldog Mine permit (Permit No. <br />M77-215) needs [o be revised to incorporate ground water quality and use protection provisions <br />as a result of the Floodine of the underground workines. <br />' December l9, 1994 - Following a meeting with the DMG, the Colorado Department of Health, <br />Water Quality Control Division (WQCD) notifies HMC that, pursuant to HMC's request to <br />' inactivate the Colorado Discharge Permit System (CDPS Permit No. CO-00007 ] 0), there were <br />too many unanswered questions regarding ground water and that HMC should work with the <br />DMG to provide necessary ground water information to satisfy the concerns of both agencies. <br />January i 2, 199 - HMC provides information to the DMG supporting the position that the <br />Bulldog Mine was not adversely affecting the beneficial use of ground water in the Creede area. <br />' April 19, 1995 - DMG notifies HMC that the information provided with the January 12, 1995 <br />report did not meet the requirements of Rule 3.1.7 and that HMC is required to define and <br />characterize the nature and extent of water quality effects from the Bulldog Mine. <br />' May 4, 1995 - HMC notifies the DMG that Rule 3.1.7 was clearly prospective (intended to <br />address current or future operations) and should not be applied retroactively to a reclaimed <br />' mining project. <br />May 19, 1995 - DMG sends a letter to HMC clarifying their position on Rule 3.1.7 that <br />reclamation activities are an intregral part of a active mining operation and suggests a meeting to <br />discuss the ground water issue. <br />' June 14, 1995 - HMC and the DMG meet to discuss the ground water issue and the DMG affu-ms <br />their position on the applicability of Rule 3.7.1. to the Bulldog Mine. <br />July 26, 1995 - HMC, continuing to disagree with the DMG's application of Rule 3.1.7, files a <br />petition for a Declaratory Order with the MLRD Board. <br />August 24, 1995 - MLRD Board denies HMC's petition, but, directs the DMG to reconsider the <br />' requirements for a ground water investigation/characterization study and, further, directs the <br />' December 9, 1991 -DMG meets with the WQCD to discuss the coordination of the their efforts <br />relative to water quality issues associated with the historic Bulldog Mine near Creede, Colorado. <br />During the meeting it is agreed that the WQCD would be the lead agency in the assessment of <br />' potential ground water impacts related to the flooding of the underground workings as it might <br />DMG to confer with HMC and devise a method of complying with Rule 3.1.7 <br /> <br />