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CD, SGC must at a minimum complete all of the "A" list projects. The State entered into <br /> the CD with the belief that completion of the "A" list projects would compensate for any <br /> increased loading caused by sealing of the American and Terry tunnels. Any transferee of <br /> the permit would be under the same permit obligations as is SGC. The WQCD is confused <br /> as to the commentor's concern over the entity holding the permit. <br /> The commentor states that a "transfer of the permit should not be able to be construed <br /> as limiting the requirement that the flows from the American tunnel are completely <br /> eliminated over the long-term." Nowhere in the CD does this "requirement" exist. The CD <br /> is clear that if flow from the tunnel remains, a permit will be required (paragraphs 8, 20 and <br /> 24). <br /> Paragraph 14g_ A commentor asks why it is a requirement of the CD that treatment <br /> of Cement Creek cease prior to a successful termination of the permits and CD. The basic <br /> principal contained within the CD is that water quality at monitoring station A-72 must be <br /> maintained or improved with no continued treatment activities on the part of Sunnyside Gold <br /> Corporation. Also, in order for SGC to inactivate its mine/land reclamation permit, the <br /> treatment facility located near the portal of the American Tunnel must be removed and the <br /> site restored to its pre-mining conditions. <br /> Paragraph 16a. A commentor questions the definition of the term "feasible" as it <br /> relates to the feasibility of additional mitigation projects. The WQCD reminds the <br /> commentor that if a Successful Permit Termination Assessment is not achieved, SGC will not <br /> be released from its permit obligations, but that it will have performed important mitigation <br /> work. <br /> Paragraph 18. A commentor questions SGC's commitment to treatment for 2.5 years <br /> in the event of a premature termination and asks what then happens to contaminated flow. <br /> This thirty-month treatment requirement is for Cement Creek (not American Tunnel <br /> discharge), which currently receives no treatment and for which SGC is not legally <br /> responsible in the absence of this CD. In this case, SGC will continue to be bound by its <br /> CDPS permit for any continued flow from the American Tunnel. The diversion of Cement <br /> Creek flows into the treatment plant should capture the seeps and springs most likely to flow <br /> after mine closure. The Commentor asks about compliance at the mitigation sites in the <br /> event of a premature termination, and about seeps and springs that may develop after tunnel <br /> sealing in the event of premature termination. A premature termination is not permitted <br /> under the CD unless all projects on the "A" list are complete. This is the list of projects <br /> which the WQCD believes will compensate for increased loading that will result from sealing <br /> of the tunnels and discontinued treatment. SGC will not be released from its permits by the <br /> WQCD in the event of a premature termination, and the Parties will return to their pre-CD <br /> litigation positions. <br /> Paragraph 19. A commentor states that if there is a premature termination, the <br /> existing discharge permits should not only remain in effect but be renewed. Under the Act <br /> 4 <br />