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COLORADO DEPARTME.._ OFHEALTHAND ENVIRONMENT, Water L___lity Control Division <br /> Rationale-Page 3, Permit No. CO-0044768 <br /> B. Monitoring and Reporting <br /> The permittee is required 10 perform whatever oversight is necessary to insure that the MRP is being implemented, <br /> and shall comply with all monitoring and reporting conditions included in the MRP. At a minimum, monthly <br /> reports are required for any water quality data that is collected as part of a MRP.In addition, quarterty reports <br /> must be submitted which include: 1) a narrative description of the current status of the remediation project, 2)a <br /> summary of analytical results for any sampling that was specified in the AMP for the site in question, 3)a <br /> photographic survey of the sites(both pre-remediation waste location and post-remediation waste location) <br /> involved in the remediation action. Reports must be received by the 28th day of the month following the calendar <br /> quarter or month for which the report is being submitted. <br /> C. Legal Right To Enter <br /> Prior to beginning on-site work for any remediation project, the permittee must submit documentation to the <br /> Water Quality Control Division showing that the permittee has been granted permission to enter the property(ies) <br /> where work will be carried out. <br /> D. Termination <br /> This mine remediation projects permit may be terminated in accordance with the terms of the Consent Decree <br /> when the remediation projects are completed. <br /> V. CHANGESMADE AFTER PUBLIC NOTICE <br /> Three Sunnyside Gold Corporation permits were sent to public notice-CO-0027529, which is for the American <br /> Tunnel discharge, CO-0036056, which is for the Terry Tunnel discharge, and CO-0044768, which is for mine <br /> remediation projects in the Upper Animas basin. In addition, a related draft Consent Decree that has been negotiated <br /> between the Division and the mining company was in the same public notice. <br /> Responses to the public notice were received from private citizens, a committee of members of the Animas River <br /> Stakeholders group, several environmental and mining industry oriented groups, several governmental agencies, and <br /> the Sunnyside Gold Corporation itself. <br /> Most of the comments received were related to the consent decree, which is being dealt with separately from the <br /> discharge permits. <br /> With respect to this discharge permit, the following issues were raised: <br /> 1) Comment: The CDPS permits must function as stand alone documents, regardless of the existence of the consent <br /> decree. <br /> Response: The permits were reviewed to find any terms or conditions that through reference were dependent upon <br /> the contents of the consent decree. Where such permit conditions were found, they were revised to more explicitly <br /> describe the intended permit requirements. However, there is one exception to this that should be noted. Each <br /> draft permit included a termination clause which referred directly back to the consent decree. While this clause <br /> was modified to additionally require compliance with State permit regulations, it was determined that it would not <br /> be practical to include the consent decree's conditions related to permit termination within the permits themselves. <br /> Also, the termination clauses do not affect the enforceability of the permits. For these reasons, the termination <br /> clauses'references to the consent decree were retained. <br /> 2) Comment. The draft permit for Mine Remediation Projects should include criteria for what must be included in a <br /> Mine Remediation Plan (AMP). Such criteria should be similar to those that have been developed for the draft <br /> General Permit for Stormwater Discharges Associated with Metal Mining Operations and Mine-Waste <br /> Remediation (Permit Number COR-040000, Parts LC.1. -LC.6), with particular emphasis on erosion control <br /> during and after the project. <br />