1995-06-27_GENERAL DOCUMENTS - C1981017

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-FROM :NATURAL 303 866 5128 1995,06-27 13:01 #221 P.06/08 Cheryl A. Linden June 27, 1995 Page 5 In our view, the CDPS permit is not the only consideration in determining who should bear the costs of pond maintenance. Mx. LaGiglia has sent detailed letters on this subject, to Mike Long and Steve Renner on May 11 and to Patricia Nelson at the Department of Health on May 12 . 1 would like to make a few additional comments. We believe that it is implicit in the CDPS permit that the permittee has control over the activities and treatment facilities which are permitted, and it is on that basis that the permittee is responsible for ineuring that water discharges meet permit requirements. Neither MCR nor the Creditors' Trust controls the DMG's activities at the mine site. As noted by the Department of Health, the DMG "has assumed authority for reclamation of this site" (see October 12, 1994 letter of Jon C. Kubic to Diane Delaney) . We note that the DMG' s bid documents for reclamation of the mine site define the DMG as the "Project Manager" and state that "the Project Manager shall . make decisions on all matters relating to the execution and progress of the work or the interpretation of the Contract Documents. " The bid documents expressly state that a three-way agreement between the Contractor, the State of Colorado and the private landowner "is not required for this job. " Neither MCR nor the Creditors' Trust are in a position to warrant the impact which the activities of the DMG and its contractors might have on water quality, which appears to be what the DMG and the Department of Health are now demanding. MCR has not consented to the use by the Division of the CDPS permit. MCR has had no opportunity to comment on the effect that the DMG' s plans and specifications contained in the bid documents will have on CDPS permit compliance. The DMG's reclamation activities do in fact generate sediment and pollutants such as oil and grease, and therefore potentially impact the discharge of water from the site. A few examples: -- The DMG' s backfill/grading plan for the #3 portal and the lower bin pad will remove the sediment ponds in those areas. Indeed, as reclamation progresses, all of the sediment ponds will be removed. Obviously, this alters the treatment facilities. -- Within the last week, the DMG had 'a contractor clearing snowdrifts from the roads to the #3 and #4 portals, in preparation for this Summer's work.