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requirements of this Consent Decree are separate and in addition to any monitoring <br /> requirements of SGC's CDPS permits and MLR permit." Copies of the monitoring <br /> requirements in the DMG permit will be submitted to EPA for informational <br /> purposes. <br /> Comment. Because this information is not part of the Consent Decree or the permits, <br /> we suggest that SGC be required to identify springs and seeps in the vicinity of these <br /> locations and sample them if the,flow increases measurably. <br /> Response: The DMG reclamation permit contains requirements for monitoring <br /> springs and seeps in the vicinity of the SGC mine workings. Both flow and water <br /> quality measurements are required. The WQCD will consider supplementing these <br /> monitoring efforts as part of its continuing commitment to assessing and improving <br /> water quality in the Upper Animas River Basin. <br /> 10. Comment: Page 23, Paragraph 19: The permit number should be CO-0027529 for the <br /> American Tunnel. <br /> Response: The WQCD agrees and the correction has been made. <br /> 11. Comment: Page 24, Paragraph 22: Permit release language should apply to SGC <br /> only. <br /> Response: The Consent Decree has been clarified so that the release language <br /> applies only to SGC and its parent company. <br /> 12. Comment: Page 24, Paragraph 24.a.: It is our understanding that the permits can <br /> only be terminated according to the criteria specifted in the Permit Termination <br /> Assessment (paragraphs 12, 13, 14, and 15). Reference to this process should be <br /> contained in paragraph 24.a. This paragraph should be reworded to state that, "The <br /> Division agrees, based on the facts of this case, that in the event of a Successful <br /> Permit Termination Assessment pursuant to paragraph 14, no future CPDS[sic]point <br /> source permits will be required of SGC for seeps or springs which emerge or increase <br /> in the Upper Animas River or Cement Creek drainages following installation and <br /> closure of bulkhead seals in the American or Terry Tunnels. " <br /> Response: See responses to comments 2 and 11. <br /> 13. Comment. Page 26: The conditions when the State can draw on the surety and the <br /> purposes for which the State can use the surety funds are very restrictive. It is our <br /> understanding that the funds can only be used if Sunnyside is bankrupt and <br /> discontinues treatment of water necessary to maintain water quality. We recommend <br /> that the State have access to the surety if SGC fails to perform as required in the <br /> Consent Decree, no matter what the reason for the failure to perform or if SGC <br /> 7 <br />