1998-10-23_GENERAL DOCUMENTS - C1981017

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Attachment to Permit Renewal Application Permit# CO-0000396 Page 6 Permitted Outfalls [current permit], on lands belonging to the U.S. Forest Service, for which Mid-Continent requests to be relieved of responsibility: Reasons for the request: 1) Mid-Continent does not own the property on which these outfalls are situated. 2) Mid-Continent conducts no activities or operations on these properties. 3) Mid-Continent has no control over activities resulting in discharges at these properties. 4) Mid-Continent has no right to enter and reaffect reclamation carried out by the state of Colorado on property owned by the United States. 5) The portals and benches have been reclaimed. The current permit anticipates release from responsibility on conclusion of reclamation, to follow bond release by the DMG. However, that has become an inappropriate mechanism in this case because DMG forfeited the bond and is using the bankruptcy proceeds to carry out reclamation. Notwithstanding the completion of reclamation, bond release will never occur. 6) The roads to (former) Mines #3 and #5 have have been reclaimed, thus cutting off equipment access. Major stream crossings have been eliminated. The roads to Mines #1, #2 and #4 will be reclaimed in 1999 (as Mid- Continent understands the schedule of work intended by the DMG). Decisions as to the reclamation of the roads , and the timing of such reclamation, are within the sole discretion of the DMG and the U.S. Forest Service, not Mid-Continent. 7) Decisions as to whether, or when, the sediment ponds at the (former) mine sites will be removed is within the sole discretion of the DMG and the U.S. Forest Service, not Mid-Continent. Note that Mid-Continent's approved reclamation plan called for removal of the ponds, with the roads retained, which would have allowed access for purposes of maintenance, monitoring and final removal of the ponds. DMG's reclamation process has rendered such access infeasible.