1998-08-20_REVISION - M1977493 - Laserfiche WebLink

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Mr. Allen Sorenson — DMG Page 2 August 12, 1998 • The objective under conditional approval and ultimate acceptance of the Application for Warranty Reduction is to ensure that post- mining beneficial land use is subject to an evaluation that demonstrates compliance with water quality standards (Rule §3.1.6) and long -term success to Climax and Agency stakeholders. • Water Quality in Eagle Park Reservoir currently meets all standards under the use classifications and designations for waters in Segment 3 of the Eagle River. • Climax has completely removed the tailings from Eagle Park reservoir down to and including 54,000 yd of growth media below the oxide tails. • The DMG has approved all facilities protective of potential releases of process water or "designated chemicals" to Eagle Park Reservoir from upstream mining disturbances and mining activities. As such, if the approved Environmental Protection Facilities are properly maintained and operated, and continue to function in accordance with the design intent, there will be no contribution of contaminants to Eagle Park Reservoir from designated chemicals, i.e. process waters, of the Climax Mine. • Under the Clean Water Act and the Colorado Water Quality Control Act, discharge permits are required for point sources that discharge pollutants to Waters of the United States or State Waters. Because there is no discharge of pollutants from a point source to Eagle Park Reservoir from the Climax Mine, and because the reservoir is functioning as a storage and delivery facility in the exercise of water rights (CRS 25 -8 -503 (5)), a water discharge permit is not required for the release of this water from the reservoir. The WQCD has reviewed the data and determined that a NPDES permit is not required for discharges from the reservoir. They are not requesting a permit, or claiming jurisdiction for delivery of water from Eagle Park Reservoir to the East Fork of the Eagle River. • Because regulations under the Colorado Water Quality Control Act ( "the Act ") that govern the discharge of point sources are divided into regulations for standards and regulations for the issuance of discharge permits, deliveries of water from Eagle Park Reservoir are not subject to evaluations required under the CDPS permit system. The WQCD has stated that it will not subject this discharge to anti - degradation requirements included in Regulation 31.8. Climax does not believe that DMG has the authority to implement these portions of the Act. • The DMG relies on performance standards to evaluate success of reclamation efforts conducted by permitted operators in the State of Colorado. Until such time as the DMG can evaluate long— term performance of the reclamation at Eagle Park Reservoir, the reservoir is considered by DMG to be a tailing impoundment. • Conventional reclamation performance standards include measures directed toward the evaluation of revegetation success. There are limited criteria formalized as performance standards for other post- mining beneficial land uses. With respect to Rule §3.1.6, however, the focus of performance standards is on achievement of water quality standards. Climax and the DMG will evaluate the performance of reclamation in Eagle Park Reservoir based on statistical summaries similar to those used in evaluating in- stream water quality and anti - degradation under the Water Quality Control Commission's permit regulations. These evaluations are not and will not be construed as evaluations made under the CDPS permit regulations. Response to Correspondence Relative to Conditions In a DMG letter of April 6, 1998, The DMG presented four (4) conditions upon which a finding can be made that the approved post- mining land use of developed water resources has been achieved for Eagle Park Reservoir.