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STATE OF COLORADO <br /> DIVISION OF MINERALS AND GEOLOGY <br /> pE COS <br /> Department of Natural Resources ��_- —0 <br /> Nei o <br /> 1313 Sherman St.,Room 215 . + <br /> Denver,CO 80203 ` <br /> Phone:(303)866-3567 <br /> *�876* <br /> FAX:(303)832-8106 Roy Romer <br /> Governor <br /> October 15, 1993 Michael B.Long <br /> Division Director <br /> Mr. Larry Perino <br /> Sunnyside Gold Corporation <br /> P.O. Box 177 <br /> Silverton, CO 81433 <br /> RE: American Tunnel and Terry Tunnel Bulkheads, Technical Revision <br /> TR-14, File No. M-77-378 <br /> Dear Mr. Perino: <br /> Division Staff has reviewed Sunnyside Gold Corporation's (SGC) <br /> submittal received September 24, 1993 which addresses adequacy <br /> concerns outlined in the Division' s letter dated April 14 , 1993 . <br /> Lingering issues regarding TR-14 are listed below; please address <br /> each listed item prior to the October 22, 1993 decision date for <br /> TR-14. SGC's responses may simply be concurrence with the <br /> provisions of applicable items. <br /> 1. SGC must submit proof of publication and mailing of the <br /> required notice, and proof of filing of the application with <br /> the county clerk, prior to the decision date. If you are <br /> unable to provide this documentation prior to the decision <br /> date, you should request a decision date extension in order to <br /> prevent the undesirable circumstance of revision denial due to <br /> a technicality. <br /> 2 . You have requested a determination on the Board's opinion <br /> regarding responsibility for continued discharge from the <br /> American Tunnel once the bulkhead seal is installed. In a <br /> letter to SGC dated October 1, 1993, the Water Quality Control <br /> Division (WQCD) has denied SGC's request to move the discharge <br /> point to the property line (approximate downstream end of the <br /> proposed bulkhead) . This determination supersedes the WQCD <br /> letter dated November 20, 1992 that had implied such a change <br /> in discharge points may be appropriate once the bulkheads were <br /> installed. Since Rule 6.2 (1) (b) of the Mineral Rules and <br /> Regulations requires mine operators to be in compliance with <br /> WQCD Rules, it appears that any Board determination on <br /> continued American Tunnel flows would be a forgone conclusion, <br /> and that this point has been rendered moot. <br /> 3 . During the Division's on site inspection conducted September <br /> 9, 1993, I was impressed with the level of detail and the <br /> thoroughness of the water monitoring and identification <br />