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2 <br /> 6. Pogo 15, Paragraph 9.c. and Page 22, Paragraph 14.9.: We are pleased with the commitment <br /> to treat Cement Creek in order to mitigate short-term impacts and to allow a "buffer" until the <br /> mine remediation projects have adequate time to improve water quality. However, we have <br /> some concerns regarding a lack of specificity concerning Cement Creek treatment in the <br /> Consent Decree. We have three main issues regarding Cement Creek treatment: 1) quantity of <br /> flow to be treated during which months; 2) what will trigger the cessation of treatment of <br /> Cement Creek; 3) how long will SGC have to maintain a zinc concentration at the reference <br /> point or below the 12-month moving average in order to be released from treating Cement <br /> Creek; and 41 the response to exceedances of the morhly einc average. <br /> 7. Page 16, Paragraph 10 and Appendix A. Attachment 1: Monitoring detection limits set within <br /> the Consent Decree are fine. However. additional reference should be made to monitoring <br /> methods approved in 40 CFR Part 136. furthermore, dial (24-hour)fluctuations in flow and <br /> concentrations observed in the stakeholders sampling efforts make it difficult to compare data <br /> taken at different times of day within the Animas Basin. Therefore, we recommend that <br /> Appendix A, attachment 1 have time of day references and that all future sampling be taken <br /> within similar time frames, particularly during runoff periods. <br /> S. Page 17. Paragraph 10.a. (iii): The Consent Decree requires monthly sampling of the American <br /> Tunnel Treatment Facility Effluent. Is this the same location as outfall 004A specified in the <br /> permit7 If so, )t should so indicate. <br /> 9. Pages 17 and IS. Paragraph 10.b.: The sampling at the four mines identified in this section <br /> must include flow measurements in order to determine H the plugging has resulted in loading <br /> changes. The monitoring requirements of the MLR Permit should also be mentioned. Because <br /> this information is not part of the Consent Decree or the permits, we suggest that SGC be <br /> required w Identify springs and seeps in the vicinity of these locations and sample them if the <br /> flow increases measurably. <br /> 10. Page 23, Paragraph 19. The permit number should be CO-0027529 for the American Tunnel. <br /> 11. Page 24, Paragraph 22: Permit release language should apply to SGC only. <br /> 12. Page 24, Paragraph 24.a.: R is our understanding that the permi can only be terminated <br /> according to the criteria specified in the Permit Termination Assessment(paragraphs 12. 13. <br /> 14, and 15). Reference to this process should be contained in paragraph 24.9. This paragraph <br /> should be reworded to state that. 'The Division agrees, based on the facts of this case, that in <br /> the event of a Successful Permit Termination Assessment pursuant to paragraph 14, no future <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 /> 13. Page 26:The conditions when the State can draw on the surety and the purposes for which <br /> the State can use the surety funds are very restrictive. it is our understanding that the funds <br /> can only be used if Sunnyside is bankrupt and discontinues treatment of water necessary to <br /> maintain water quality. We recommend.that the State have access to the surety if SGC fails <br /> to perform as required in the Consent Decree, no matter what the reason for the failure to <br /> perform or if SGC prematurely terminates the Consent Decree. Additionally, we would <br /> recommend that Echo Bay agree w be a guarantor for full performance of the Consent Decree. <br />