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Amelia Whiting, Esq. <br />March 18, 1994 <br />Page 3 <br />See President Clinton's Clean Water Act Initiative, page 104, EPA <br />800 -R -94 -001 (Feb. 1994). Such a proposed amendment is in fact <br />included in H.R. 3948 (see attached copy of §404). I believe that <br />the facts in the Sunnyside case show that there is not "a <br />reasonably foreseeable and demonstrable direct hydrologic <br />connection between the ground waters and surface waters in the <br />proximity of the discharge." Thus, even if this amendment were <br />added to the Clean Water Act, authority to regulate the seeps in <br />question would not exist. Authority to regulate seeps might exist <br />in the event it were shown that water was likely to escape directly <br />from the mine by way of some discrete pathway to the surface. <br />However, the best evidence now in hand indicates that there will be <br />no such direct escape of mine water and therefore there will be no <br />discharge subject to regulation. <br />In conclusion, it appears to me that the Division's position <br />on this matter is far from being legally sound. In view of the <br />legal uncertainties it would appear to me that it is in everyone's <br />best interest that we all work toward a mutually acceptable <br />resolution of the issues. I hope that you and the Division can <br />provide some positive suggestions as to how Sunnyside can achieve <br />final closure of the mine. We are looking forward to receiving the <br />letter that Pat Nelson mentioned at our meeting last week and hope <br />that it will provide the basis for a mutually acceptable resolution <br />of the issues. Thank you again for taking the time to meet with <br />us. <br />JWR:pkf <br />Enclosures <br />cc: Pat Nelson (w /enclosures) <br />Chris Hayes, Esq. (w /enclosures) <br />1\o,J..,.C.., \...T,.0 . <br />of the release, 2) a greater than de minimus <br />quantity of the pollutant must reasonably be <br />able to reach the surface water, and 3) no <br />other Federal statute directly addresses the <br />activity causing the release. <br />Sincerely, <br />VRANESH AND RAISCH, LLC <br />By <br />erryf` Raisch <br />6fi, 4,4 <br />