1996-09-04_REVISION - M1977378

• Permit No: M1977378
• IBM Index Class Name: REVISION
• Doc Date: 9/4/1996
• Doc Name: Commitment No. 3
• From: DMG
• To: Sunnyside Gold Corp
• Type & Sequence: TR14
• Media Type: D
• Archive: No

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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 8, 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 desires 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. DMG's inspection
reports will not determine SGC's compliance with its CDPS permit for mine
remediation projects.
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 to be submitted to WQCD.
2.3 To provide a procedure for DMG to obtain compensation from SGC 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.
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