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COLORADO DISCHARGE PERMIT SYSTEM (CDPS) <br />FACT SHEET FOR TERMINATION OF PERMIT NUMBER C00044377 <br />BEAR NO. 3 MINE, BEAR COAL COMPANY <br />GUNNISON COUNTY <br />I. TERMINATION <br />In October 2011, the Bear Coal Company has submitted a request to terminate permit number C00044377 <br />which authorizes discharges from the Bear No. 3 Mine. This mining site has been inactive since at least 1997, <br />when the portals were sealed. All areas have been reclaimed with the exception of a settling pond that has <br />provided treatment for a seep /spring discharge. As documented by the Colorado Division of Reclamation <br />Mining and Safety (DRMS), the seep /spring which may or may not have a direct connection to former mine <br />workings continues to discharge. This seep /spring appeared after several landslide events in 1996 and 1997, has <br />flowed since 1997, and has been investigated since that time to try to determine the source of the water. To <br />date, the investigation of whether the water is natural groundwater or water that has come into contact with the <br />former mining areas has been inconclusive. The best determination available is that the water is predominately <br />groundwater, but some component of mine water discharging through the seep /spring cannot be ruled out <br />(DRMS, 2012). <br />Bear Coal has held the permit for this site and treats the water using a small settling pond prior to discharge to <br />the North Fork of the Gunnison River. As of April 4, 2011, the Bear Coal Company has dissolved and is no <br />longer a legal entity. Bond release is not anticipated in this case as the bond will be forfeited and may be used <br />to complete reclamation activities, specifically removal of the settling pond and reclamation of that area. <br />Based on Division policy WQP -1 (Permit Inactivation), a permit may be terminated where it can be <br />demonstrated that all activity at the site has ceased, and that it can be demonstrated that treatment is not needed <br />to ensure that the water quality standards and beneficial uses of the state waters are not violated by the <br />continuing discharge. Additionally, based on Division policy WQP -5 (Permit Policy for Mining Activities), a <br />permit for active mining may be inactivated after termination of activities if the any continued discharge will not <br />cause an instream violation of water quality standards and beneficial uses. This is demonstrated by showing <br />that the effluent, without treatment, is in compliance with permit effluent limitations, which implement <br />applicable water quality standards. <br />All activity at the Bear Mine No. 3 site has ceased. There are nearby pre -law inactive mining activities, and <br />nearby active mining activities. DRMS studied the question of whether discharges from the seep were <br />influenced by mining activities, and if so from which mining activities. DRMS concluded that the primary <br />source of the seep is groundwater with some component of mine water. On the basis that the seep has some <br />component of mine water the Division considered the source a point source subject to permitting requirements, <br />and as such termination of permit coverage would only be appropriate if the discharge meets the conditions of <br />WQP -1 and WQP -5. Regarding the question of which mining activities influence the seep, DRMS concluded <br />that the influence is from the B -Seam and C -Seam subcrop, which were mined as part of the Bear No. 3 mining <br />operation. DRMS concluded that it is also possible that the Edwards Mine Portals have failed to some degree <br />due to the landslide activity in the area and are potentially contributing to discharge of the seep as well. <br />However DRMS states that the Edwards Mine Portals are "Pre -Law" and as such the Division concludes that it <br />is a historic source that is not influenced by active mining, exploration, or construction. Consistent with policy <br />WQP -5 the Division would not actively pursue permitting of this seep /spring, if it were influenced by the <br />Edwards Mine Portals, unless it was the source of significant water pollution problems and there is no reason to <br />consider the Bear Mine No. 2 site to be influenced by active operations. <br />Based on data directly from the seep /spring, collected by Bear Coal over the past two years, the discharge water <br />without treatment, meets the limitations applied in the permit with the exception of pH. The current permit has <br />effluent limits for pH of 6.5 s.u. (minimum) and 9.0 s.u. (maximum). DMR data over the past two years show <br />a few pH values over the permit limit of 9.0 (9.1 -9.2). The current permit does not include a mixing analysis for <br />