1995-06-07_ENFORCEMENT - M1977378

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FROM :AGO NAT. RES. SECTION 303 832 6106 1995 -6-07 08: 17 #576 P.11/18 • r successful, SGC will grout the pipes in the property line plug in the American Tunnel and then start placing seals in the lower American Tunnel to control the flows of water in that segment of the lower American Tunnel waters. WQCD has expressed a concern that enough time be allowed for the pool to reach both chemical and water level equilibrium. It is agreed that the minimum time for permit release will be 5 years after valve closure at the property line plug in the American Tunnel. The voluntary mitigation projects described in Appendix will start as soon as practicable after entry of this Consent Decree. The"A" Iist or primary projects will be complete within 18 months. Mitigation of the "B" list of projects would start after monitoring results from the reference point allow for evaluation of the specific number of projects necessary. All work would be completed by the end of the fourth field season. SGC's two CDPS discharge permits will be eventually terminated by this agreement. These are CO-0036056 at the Terry Tunnel and CO-0027529 at the American Tunnel and they are now pending permit renewal. Upon renewal, CO-0036056 (Tent'Tunnel)will have enforceable Limits as currently established and CO-0027529(American Tunnel)will have enforceable limits with adjustments to the WET limits to account for the Cement Creek diversion. The AR-72 reference point monitoring will allow SGC and WQCD to evaluate the progress and success of the mitigation program,but will not be a permit compliance measurement point. S. Conditions for Final Permit Release or End of Agreement When all of the following conditions have been satisfied,the CDPS permits for the American Tunnel and the Terry Tunnel will terminate and the Division will confirm to SGC that SGC has no further obligations to acquire or maintain permits for the American or Terry Tunnels. a) The mine pool will have reached equilibrium plus two (2)years. b) 'Valves in the plugs will have been grouted. c) The lower American Tunnel will have been mitigated through hydrologic controls the parties will have agreed that further mitigation of the lower American Tunnel is not needed or the permit for water treatment will have been accepted by another party or parties. - d) Treatment of Cement Creek is no longer necessary to maintain ambient quality in the Animas River below Silverton. e) Mitigation work at sites necessary for maintaining ambient quality is complete, as is any reel amation/revegetation work. 33663-L YWS 9