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999 <br /> STATE OF COLORADO <br /> COLORADO DEPARTMENT OF HEALTH0411,20ri <br /> Dedicated to protecting and improving the health and environment of the people of Colorado4300 Cherry Creek Dr.S. Laboratory Building V.Denver,Colorado 80222-1530 4210 E.11th Avenue <br /> Phone(303)692-2000 Denver,Colorado 80220-3716 <br /> (303)691-4700 <br /> " 17N Roy Romer <br /> Governor <br /> October 1, 1994 Patricia A.Nolan,MD,MPH <br /> Executive Director <br /> Mr. Bill Goodhard Mr. David C. Naccarati <br /> Sunnyside Gold Corporation Echo Bay Mines <br /> P.O. Box 177 370 Seventeenth Street, Suite 4050 <br /> Silverton, CO 81433 Denver, Colorado 80202 <br /> RE: Your May 26, 1993 Letter <br /> Sunnyside Gold Corporation - American Tunnel <br /> CDPS No.: C0-0027529 <br /> San Miguel County <br /> Dear Mr. Goodhard and Mr. Naccarati: <br /> The Water Quality Control Division has reviewed your letter of May 26, 1993. In that letter you <br /> requested a determination on several items. These are: <br /> • If the American Tunnel is plugged, will the resulting seeps be considered point sources? <br /> • If the American Tunnel is plugged at the property line, will Sunnyside Gold Corporation <br /> ("Sunnyside") still be responsible for the discharge from the tunnel? <br /> You also requested clarification on the diversion ditch around Lake Emma. It is our feeling that a <br /> response to this question was provided in a letter dated May 27, 1993. The response to the two questions <br /> listed above was provided to you and Sunnyside in a meeting on June 17, 1993. This is the written <br /> response to the questions in the May 26, letter. We are sorry for the delay in responding to you. <br /> • If the American Tunnel is plugged, will the resulting seeps be considered point sources? <br /> The Division has determined that should Sunnyside plug the American Tunnel, any seeps, <br /> discharges from adits or springs where the water quality changes have occurred after plugging, <br /> will be considered point source discharges and would need to be covered under a CDPS permit. <br /> Therefore, the Division would be unable to inactivate the permit(s) for the mining site. <br /> • If the American Tunnel is plugged at the property line, will Sunnyside Gold Corporation still be <br /> responsible for the discharge from the tunnel? <br /> The Division has determined that should the American Tunnel be plugged at the property line, <br /> we would still hold Sunnyside responsible for the discharge from the Tunnel. This decision is <br /> based, in part, on the belief that flows from the area of the mine can not be completely cut off <br /> and will infiltrate into the open portion of the tunnel. The Division,therefore, denies the request <br /> by Sunnyside to move the discharge point to the property line. <br />