1995-06-07_ENFORCEMENT - M1977378

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FROM :RGO NRT. RES. SECTION 303 832 8106 1995 -5-07 06:14 #575 P.06/18 p. After a number of years,groundwater in and around the mine area,which now flows into the Mine,may again flow out of the ground through naturally occurring seeps and springs caused by natural fractures in the volcanic rock and may eventually flow into state waters. q. As the groundwater has moved and will move through natural fractures in the volcanic rock to surface waters,it picks up and deposits dissolved minerals. r. The parties have disputed whether or not future seeps and springs which may emerge or increase following plugging of the American Tunnel would be subject to the permit requirements of the Act,and WQCD has taken the position that any future seeps or springs which result from plugging of the Mine could be enforceable against SGC as violations of the Act for discharging without a permit S. To resolve this dispute,to allow SGC to proceed with final reclamation of the Sunnyside Mine,to provide mitigation of certain historic mining conditions, and to provide for the final release of SGC's water quality permits,the parties have agreed to the terms and conditions of this Consent Decree. For purposes of settlement,they do so without trial of any facts or legal issues. Except as set forth in this agreement,the parties neither admit nor deny any factual allegations related to the closure of the American and Terry Tunnels,nor do the parties concede any disputed legal issues raised in the pleadings. 3. Summary of Work SGC,in consideration of the mutual undertakings set forth in this Consent Decree,agrees to perform the following work: a- American Tunnel/Terry Tunnel During 1995 SGC will complete the plugs and close the valves at the Terry Tunnel plug and at the property line in the American Tunnel. Once closed,the mine pool will start to build and will be monitored for pool height. The pool will be considered at equilibrium when the rate of rise of the mine pool has leveled off _ . as defined by mutual agreement between SGC and DMG pursuant to the MLR Permit. Once the pool is at equilibrium, SGC will place additional hydraulic seals downstream of the property line seal to eliminate the American Tunnel portal discharge and to allow final reclamation of the surface facilities as required by SGC's MLR Permit. Additional DMG approvals will be necessary for further seals. SGC may also place infiltration controls to preclude water from entering 4