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UNITED ; TES ENVIRONMENTAL PROTEC' II AGENCY -' 1111111111111111111 <br /> REGION VIII 999 <br /> 999 181h STREET - SUITE 600 <br /> DENVER, COLORADO 80202.2466 <br /> Ref: 8EPR <br /> J. David Holm, Director OR g Colorado Water Quality Control Division In 1 17 7 ,37S <br /> v Colorado Department of Public Health and Environment <br /> 4300 Cherry Creek Dr. South <br /> Denver, Colorado 80222-1530 <br /> E � ISs "Ic <br /> Dear Dave: <br /> The Environmental Protection Agency (EPA) commends both the State of <br /> Colorado and Sunnyside Gold Corporation (SGC) in your innovative approach to <br /> problems encountered in final closure of the Sunnyside Gold Mine. Furthermore, the <br /> EPA is pleased that Colorado has chosen to use a watershed/trading approach as one <br /> step toward achieving the goals of improving water quality in the Animas River. As <br /> active members of the Animas River Stakeholders group, EPA understands and <br /> supports the concepts of community-based environmental protection. <br /> As the EPA is not a party to the Consent Decree between the State and SGC, <br /> we appreciate this opportunity to provide comments for your consideration on the <br /> agreement. EPA understands that this Consent Decree was initiated in order to avoid <br /> litigating the issue of permits being required for discharges to groundwater that are <br /> tributary to surface water under the facts and considerations of this case. <br /> Although EPA is supportive of the concepts outlined in the Consent Decree and <br /> the associated NPDES permits, a few concerns remain. Attached are comments on <br /> the Consent Decree and formal comments on the permits. The draft CPDS permits, <br /> as with all NPDES permits, must function as stand alone documents regardless of the <br /> existence of the Consent Decree. <br /> We look forward to working with you on resolving these issues. If you have any <br /> questions concerning this matter, please contact Carol Russell of my staff at (303) <br /> 312-7020. <br /> Sincerely, <br /> Max H. Dodson <br /> Assistant Regional Administrator <br /> Office of Ecosystems Protection <br /> and Remediation <br /> OMO"L R*AM N(7-M) <br /> TO FAX TRANSMITTAL ,9� <br /> ice:�, d�elr <br /> Owefftwvr Prone S <br /> Fax• Fa 1 PYrntd on Rfcyd vd PbPvr <br /> N"7Sd" :404-101 GENERAL$GAME$ADMINGTRATiM <br />