1996-07-01_ENFORCEMENT - M1977378

• Permit No: M1977378
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 7/1/1996
• Doc Name: Consent Decree- Sunnyside Gold Corp v. CDPHE-WQCD
• From: AGO
• To: DMG
• Media Type: D
• Archive: No

FROM :NATURAL RESOURCES SEC. 303 866 3658 19__.07-01 08:20 #21S P.03/05
NILRB's approval of the technical revision specifically noted the disagreement
between WQCD and SGC, and stated that responsibility for enforcement of potential
discharge permit compliance problems would rest with WQCD.
SGC filed a Complaint for Declaratory Relief against WQCD in Colorado District
Court, requesting that the Court determine the applicability of the permit requirements
of the CWQCA (District Court, City and County of Denver, State of Colorado, Case
No. 94 CV 5459). All issues in the case have been settled in a Consent Decree
between WQCD and SGC, entered by the Court on May_—I, 1996 ("Consent
Decree"). The Consent Decree requires that SGC complete mitigation projects in the
Animas River basin to maintain the water quality at a Reference Point in the Animas
River below Silverton.
The Consent Decree requires that the mitigation projects be inspected for compliance
with specified provisions of DMG's Reclamation Standards and the Work Plans.
WQCD and the DMG desire that final reclamation at the mitigation sites be
completed. DMG inspects mitigation projects in its regular course of business,
possesses expertise in this area, and knows its own regulations better than do other
agencies. DMG was requested to perform the inspections of the mitigation projects
required by the Consent Decree, and would like to cooperate by performing these
inspections, provided that its costs for time spent performing the inspections and
associated expenses are reimbursed as provided in the Consent Decree.S ���`
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Section 2. PURPOSE
This agreement is being entered into by the above-named parties for the following
purposes:
2.1 To provide for the mitigation projects, which are required to be completed in
compliance with specific provisions of DMG's Reclamation Standards, to be
inspected by DMG, the agency that normally inspects such projects and which
possesses expertise in this area;
2.2 To provide a procedure for the inspections to be performed and inspection
reports submitted to W CD.
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2.3 To provide * € or DMG to be eempewated
fianxSGC for its costs for time spent performing the inspections and
associated costs;
2.4 To ensure the integrity of the Consent Decree and the quality of the waters of
the State of Colorado;
2