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WHEREAS, DMG's approval included in its rationale that indefinite or perpetual mine <br /> drainage treatment was not desirable for final reclamation and that hydraulic seals offer the <br /> best alternative for final mine site reclamation. The DMG approval rationale also stated that <br /> the physical setting of the Sunnyside Mine appeared to be ideal for a hydraulic sealing scheme. <br /> WHEREAS, the Mined Land Reclamation Board's ("MLRB") approval of the technical <br /> revision specifically noted the disagreement between the WQCD and SGC regarding SGC's <br /> legal responsibility for CDPS permitting of seeps and springs after the sealing of the mine <br /> workings. The MLRB required that any measurable change in water quality or quantity in the <br /> seeps and springs of the drainages surrounding the Mine be monitored and reported to DMG <br /> and to the WQCD, required that SGC contact the WQCD in the event of any such measurable <br /> change to determine if a new or existing discharge permit for the Mine is necessary, and stated <br /> that responsibility for enforcement of potential discharge permit compliance problems would <br /> rest with the WQCD. <br /> WHEREAS, since the American Tunnel was extended to the Sunnyside Mine workings <br /> in the 1950's, and today, most water in and nearby the mine area has flowed in part out of the <br /> ground through naturally occurring seeps and springs and has flowed in part through the Mine <br /> workings and American Tunnel to Cement Creek. Water has also historically drained through <br /> the Terry Tunnel to Eureka Gulch. Since at least 1985, flows from the American and Terry <br /> Tunnels have been treated at treatment plants prior to discharge in accordance with CDPS <br /> permits. <br /> 38911-3 512196 5 <br />