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18. Runoff captured by ponds, which serve primarily to control sediment, <br />is not stored indefinitely; captured runoff is reduced by infiltration and evaporation. <br />19. The possibility of toxic substances entering the ponds is limited to <br />incidents such as occasional spills, which is mitigated by the Operator's spill <br />prevention and control plan. <br />20. On -site facilities that utilize designated chemicals are Environmental <br />Protection Facilities (Rule 1.1(15)) and require an Environmental Protection Plan <br />under section 34- 32- 116.5, C.R.S. The Operator is required to notify the Division of <br />any failure or imminent failure as soon as reasonably practicable. C.R.S. § 34 -32- <br />121.5, C.R.S. <br />21. The Division found that a rigorous hydrological assessment has been <br />performed, including a summary of the regional groundwater model developed for <br />the diatremal groundwater system and a summary of the monitoring data and other <br />measurable parameters used to develop and calibrate this model. <br />22. The size of the cumulative overburden storage area will increase each <br />year mining continues. To date, the net effect of sequestration by the overburden <br />has not increased. Based on this assessment, the sequestration effect of the <br />additional overburden proposed under MLE2 is not expected to have a significant <br />impact on the flow rate at the Carlton Tunnel. <br />23. Although shallow alluvium springs exist within the Grassy Valley <br />Drainage that form Beaver Creek, there is a surface water monitoring point in <br />Grassy Valley to check for possible hydrologic impacts from the mining operation. <br />24. Shallow and bedrock groundwater monitoring wells exist to detect <br />possible impacts to the prevailing hydrologic balance. <br />25. The increased affected area resulting from mining within the diatreme <br />is expected to have negligible impacts on existing springs and surface water in <br />Grassy Valley. <br />26. All surface water drainage from Arequa Gulch is presently pumped <br />back as make -up water for the VLF. The Arequa Gulch drainage has a discharge <br />permit from the Colorado Department of Public Health and Environment. <br />27. Amendment AM -10 includes breaching the existing liner system after <br />the VLF is rinsed by a detoxification process. Puncturing the liner system will <br />serve four purposes: <br />a. Reduce the risk of slope failure. If the liner were not punctured <br />and allowed to drain, the lined basin would fill with infiltrating precipitation, <br />Cripple Creek & Victor Gold Mining Company <br />Cresson Project /M -1980 -244 3 <br />