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FROM :RGO NAT. RES. SECTION 303 832 8106 199S "--07 08:1S #S75 P.08/18 <br /> 4. Permitting <br /> a. Mitigation Projects Permit. A water quality permit substantially in the <br /> form of Appendix_will be issued by WQCD to cover all of the mitigation projects <br /> contemplated by this agreement. This permit will expire when the mitigation projects <br /> have been completed,and there will be no continuing obligation of SGC to maintain <br /> water quality permits or treatment at the mitigation project sites. <br /> b. CDPS/NPDES Pemut Amendments. SGC does not contemplate that any <br /> additional treatment will be necessary at the Terry Tunnel after the valve in the Terry <br /> Tunnel plug is closed. SGC will continue to operate the American.Tunnel water <br /> treatment facilities until they are no longer necessary to maintain the dissolved zinc <br /> criterion at the reference point in the Animas River below Silverton. Diversion of <br /> Cement Creek waters,which are different in character from mine water,may bring new <br /> background toxic conditions into the American Tunnel water treatment system. Since the <br /> fourth quarter of 1993, SGC has passed all chronic Whole Effluent Toxicity (WET)tests <br /> at the Instream Waste Concentration(IWC)ratio,which demonstrates that the treated <br /> mine water discharge has not been toxic. The WET testing requirement will be deleted <br /> from SGC's American Tunnel permit to allow for the voluntary diversion of Cement <br /> Creek. Effluent limitations in the American Tunnel discharge permit will continue to be <br /> based on BAT standards until the permit is released. <br /> At the conclusion of the requirements of the Consent Decree,the existing <br /> CDPS/NPDES permits would be released. No future CDPS/NPDES point source permits <br /> will be required for seeps or springs which may emerge or increase after tunnel plugging. <br /> C. Other Permits. If other environmental permits are required for the <br /> mitigation projects, such as Section 404 permits or"reclamation only" MLR permits, <br /> WQCD will cooperate with SGC in obtaining such permits from the appropriate agencies <br /> so that the projects can go forward in a timely fashion. If necessary permits are <br /> ultimately denied by the responsible agency,that portion of the mitigation projects will <br /> be deleted from the requirements of the Consent Decree. <br /> 5. Monitoring Requirements <br /> As long as the Consent Decree is in effect, SGC will monitor the following sites according to the <br /> schedule below. <br /> a. SGC Permitted Area <br /> 13663-1,6/695 6 <br />