1993-11-23_ENFORCEMENT - M1977378

• Permit No: M1977378
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 11/23/1993
• Doc Name: Clarification of Arguments Made at the Meeting of October 29, 1993.
• From: CDH-WQCD
• To: Sunnyside Gold Corp
• Media Type: D
• Archive: No

999
114-19 7 7 3 71? STATE OF COLORADO
VrCOLORADO DEPARTMENT OF HEALTH ��oF cow
Dedicated to protecting and improving the health and
environment of the people of Colorado
4300 Cherry Creek Dr.S. Laboratory Building "i "�
Denver,Colorado 80222-1530 4210 E.11th Avenue /876
Phone[phone] Denver,Colorado 80220-3716
[phone] q(�(� Roy Romer
j.77
Governor
Patricia A.Nolan,MD,MPH
Executive Director
November 18, 1993
Christopher Hayes
Sunnyside Gold Corporation
P.O. Box 177 _
Silverton, CO 81433
Re: Clarification of Arguments Made at the Meeting of October 29, 1993
unnysr e Gold Corp. Permits: CO-0036056-Terry Tunnel, CO-0027529-American Tunnel
Dear Mr. Hayes;
In general, your letter of November 1, 1993, which was intended to document our meeting of October 29, 1993, agrees in
essence with what we recall having discussed. However,upon re-reading the letter,we thought it may be necessary to clarify
several of the more important points that we tried to make.
First, your letter maintains that we stated that "CDH would insist that SGC be responsible for maintaining water quality in
Cement Creek at no less than present levels, even if SGC entirely ceases discharging treated water from the American Tunnel
portal."
To be more precise, the point that we were trying to make was that any point source discharge of pollutants from Sunnyside
Gold's property, or any adjacent property affected by Sunnyside's operations, will always require a permit. "Point source"
includes, but is not limited to, features such as any "pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
container"...etc., from which pollutants are or may be discharged. In effect, any Sunnyside property which is or may be a
source of pollutants could be considered to be point source, and would be subject to permitting requirements.
Therefore,in order to avoid having a permit,Sunnyside would need to demonstrate that its property was no longer a source of
pollutants. This relates to the second main point that we were trying to make,which is that an overall plan for performing such
a demonstration needs to be submitted in writing for the Division to review. This plan should include a set of decision criteria
that must be satisfied, being as specific as possible.
Without knowing what criteria will be utilized to determine whether or not the Sunnyside property is continuing to be a source
of pollutants,it is not possible to evaluate the sampling that has been done or state whether or not plans for future sampling are
adequate.
Sincere
ich Horstmann
Professional Engineer
Permits and Enforcement Section
Water Quality Control Division
xc EPA Region VIII
Allen Sorenson,DMG
Local Health Department
MS-3 Files (2 permits)