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RECEIVED, <br /> G <br /> COLORADO DEPARTMENT OF HEALTH <br /> Water Quality Control Division <br /> MAR 2 0 199' <br /> MEMORANDUM Mined Land <br /> Reclamation Divisior <br /> TO: Fred Banta, M M <br /> FROM: Anne Ihlenfeldt through Pat Nelson <br /> SUBJECT: Mid-Continent permit status <br /> CO-0000396 <br /> Pitkin County <br /> DATE: March 13, 1991 <br /> Mid-Continent's current discharge permit was issued on January- 7, 1989 and <br /> expires December 31, 1993. It provides for the discharge of treated mine <br /> water and untreated storm water into Coal Creek, a tributary of the Crystal <br /> River. The permit is currently being amended with regard to the proposed new <br /> water treatment plant and will go to public notice in May. <br /> Currently, this permit has two unresolved Notices of Violation (NOVs) . The <br /> first involves mine discharge high in TSS because of an upset at the settling <br /> pond that occurred during February 1989. Mid-Continent and the WQCD went <br /> before a hearing officer on the matter and Mid-Continent was found to have 29 <br /> days of violation of the Water Quality Act. Mid-Continent referred this <br /> matter to appellate court for appeal. The second NOV involves a broken drag <br /> line in June 1989. Mid-Continent has requested a hearing on this matter. <br /> Discharge from the mine has been indicating toxicity. This is not a violation <br /> of the permit as long as Mid-Continent continues to investigate the cause of <br /> toxicity- and make an effort to correct it. In general, Mid-Continent has been <br /> in compliance with their permit since the last NOV was issued. <br /> Mid-Continent will be required to submit an application for a storm water <br /> permit by November 18, 19911. The permit will probably not set effluent <br /> limitations for storm water but will instead have Best Management Practices <br /> for handling the discharge. <br /> It is possible to simply transfer permits to a new owner should Mid-Continent <br /> sell the mine. However, a transfer of the permit requires a written agreement <br /> of, among other things, a transfer of liabilities. In the case of bankruptcy, <br /> this may give us the option to require that the new owner apply for a new <br /> permit. <br />