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Specific c2m2m Decree Commem <br /> 1. Page 12, Paragraph 8: Although Section Vlll states the 'A List" projects must be completed <br /> prior to a permit termination request, it would be clearer to state that in this section. <br /> Suggested change/addition: "After completion of the 'A List projects. SGC may request a <br /> Permit Termination Assessment. •Within sixty days of a request by SGC. the Division will <br /> complete a Permit Termination Assessment pursuant to Section Vill of the Consent Decree.' <br /> 2. Page 13, Paragraph 8.e. and Page 24. Paragraphs 22: EPA's position Is that permits we <br /> required for discharges of groundwater tributary to surface water. Therefore. EPA's preference <br /> would be to remove all references to this issue from the Consent Decree. We understand that <br /> due to the nature of this case that may not be possible. Therefore. we would suggest the <br /> sentences on page 13, paragraph B.C. and page 24. paragraphs 22 be removed and replaced <br /> with language as follows: 'The Division agrees, based on the facts of this case, that in the <br /> event of a Successful Permit Termination Assessment pursuant to paragraph 14, no tenure <br /> CPDS point source permits will be required of SGC for seeps or springs which emerge or <br /> increase in the Upper Animas River or Cement Creek drainages following installation and <br /> closure of bulkhead seals in the American or Terry Tunnels.' <br /> 3. Page 13, Paragraph 9.a., Page 19. Paragraph 11 and Appendix B:The summary of work <br /> provides a brief discussion of the plugging of the Terry Tunnel. It does not mention the need <br /> to add buffering amendments to the fluid behind the bulkhead during the flooding of the <br /> workings. It was our understanding that this action was agreed upon as a means of raising the <br /> pH to reduce dissolved metal loading in the workings. This Is a critical element of the mine <br /> Plugging proposal and should be mentioned in the summary. Prior to commencing injection of <br /> the alkaline water into the mine pool, approvals from the Underground Injection Control <br /> Program by a rule authorization or a permit may be needed.The target PH in the workings (or <br /> pH range) should also be mentioned. <br /> 4. Pages 13 and 14. Paragraph 9.a.: For the determination of equilibrium -what is meant by the <br /> 'rate of rise has leveled off'7 EPA suggests adding another appendix to the Consent Deem <br /> which describes the process for determining if equilibrium has been met. Does the notice by <br /> SGC that equilibrium has been reached need to provide supporting data and describe how SGC <br /> reached that conclusion? The text is a little unclear concerning what exactly is required to be <br /> provided. Is it appropriate to reference the Mined Land Reclamation (MLR) Permit and <br /> technical revisions? <br /> What does 'maintenance" of the portion of the American Tunnel downstream of the SGC <br /> property mean? This term should be defined so It is clear what action(s) will trigger the release <br /> of SGC from its permit for the American Tunnel. <br /> S. Page 15. Paragraph 9.b. and Page 21, Paragraph 13: Work plans for each of the m1boation <br /> projects covered by the draft permit CO-0044768, and listed in Appendix B. should be <br /> reviewed and approved through the permit process. A specific time frame for receiving <br /> additional workplans should be established in the Consent Decree and mine mmediation plan <br /> permit. We suggest wording similar to: "if SGC notifies the Division that they intend to <br /> perform additional remediation projects, then SGC will submit work plans within sixty (60) <br /> days of the notification or within a reasonable timeframe based on the accessibility of the site <br /> for planning and the complexity of the project." <br />