HomeMy WebLinkAboutDERR-2024-007699Letter No. 0401 Response to Letter No. 0401
11: See the Response to Common Comment No. 6 and No. 9.
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Letter No. 0402 Response to Letter No. 0402
21: See the Response to Common Comment No. 11.
The JVWCD is required to pay Kennecott no more than $49 per acrefoot
under the Consent Decree. This cost was established to exclude the cost of
treating the contaminated water. See the Response to Common Comment
No. 12.
The suggested alternative for the City of Herriman and its residents has
been passed along to the proposing parties.
22:The NRD settlement was not intended to cover the normal costs
associated with the development of groundwater resources that would have
been incurred by the public. The Trust Fund was established to cover the
costs associated with treating the contaminated water. The actual
development costs for wells and provision of water were to be covered by
those receiving the water. See also the Response to Common Comment No.
12.
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Letter No. 0402 (cont.) Response to Letter No. 0402 (cont.)
23: See the Response to Common Comment No. 6, No. 7, and No. 9.
24: See the Response to Common Comment No. 2 and No. 10.
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Letter No. 0403 Response to Letter No. 0403
31: See the Response to Common Comment No. 6 and No. 9.
32: See the Response to Common Comment No. 6 and No. 9.
The investigation of the fate and transport of contaminants in the Great Salt
Lake environment and the development of numerical standards to protect
the beneficial uses of the Great Salt Lake is acknowledged to take time.
DWQ is working with stakeholders to select an agreed upon analytical
approach to sample and analyze the open waters of the GSL in an endeavor
to establish the protocol to assess and set numerical standards. This
investigation will also assist the JVWCD to decide if a proposal to directly
discharge reverse osmosis concentrates to the GSL could be approved. If
the JVWCD believes that the investigation is inconclusive or there is
information lacking, then one of the other two disposal alternatives will be
proposed. Caution will be taken to assess each piece of information so that
the appropriate decisions can be made.
33: The comment is noted. The listed concern will be passed along to the
Great Salt Lake Water Quality Steering Committee.
34:The comment is noted. The listed concern will be passed along to the
Great Salt Lake Water Quality Steering Committee.
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Letter No. 0404 Response to Letter No. 0404
41: See the Response to Common Comment No. 12.
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Letter No. 0405 Response to Letter No. 0405
Letter No. 0405 (cont.) Response to Letter No. 0405 (cont.)
51: See the Response to Common Comment No. 8.
52: See the Response to Common Comment No. 9. The study criteria
suggested by the commenter will be passed along to the Trustee and the
proposing parties.
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Letter No. 0405 (cont.) Response to letter No. 0405 (cont.)
53: See the Response to Common Comment No. 13.
Kennecott’s UPDES permit is on a fiveyear renewal cycle. At the time for
renewal DWQ will assess the ability for the discharge from the Kennecott
North Expansion Impoundment to continue to meet its permit limitations
and whether these limitations need adjustment.
54: See the Response to Common Comment No. 13.
The proposing parties have continued to agree to look at emerging methods
to facilitate the components of the project to best optimize the production of
municipal quality water, to contain and reduce the sulfate plumes in Zone A
and B, and to appropriately dispose of treatment concentrates.
55: See the Response to Common Comment No. 2 and No. 10.
56: See the Response to Common Comment No. 9.
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Letter No. 0406 Response to Letter No. 0406
* The responses to the comments in this letter are provided in the responses
to Email No. 0404. This email is located in Section –2004 Emails, and
is a verbatim copy of this letter.
Letter No. 0406 (cont.) Response to Letter No. 0406 (cont.)
Letter No. 0406 (cont.) Response to Letter No. 0406 (cont.)
Letter No. 0406 (cont.) Response to Letter No. 0406 (cont.)
Letter No. 0406 (cont.) Response to Letter No. 0406 (cont.)
Letter No. 0407 Response to Letter No. 0407
71:Thank you for the expression of support.
71
Letter No. 0407 (cont.) Response to Letter No. 0407 (cont.)
Letter No. 0407 (cont.) Response to Letter No. 0407 (cont.)
Letter No. 0407 (cont.) Response to Letter No. 0407 (cont.)
72:The State Trustee has received under the Consent Decree the proposal
by Kennecott and JVWCD. One primary goal of the Trustee is to contain
the sulfate plumes and prevent their further migration. The proposed
extraction program would assist in remediation of the aquifer over the long
term.
The work under the Joint Proposal is to be done while appropriately
handling the disposal of the waste stream that inevitably would be created.
Under the State of Utah UPDES permit program, an entity can apply for a
discharge to a State surface water body. The DWQ evaluates proposed
discharges to assure that the discharge will not impede the beneficial use of
the receiving water body.
See also the Response to Common Comment No. 6 and No. 9.
73: See the Response to Common Comment No. 6 and No. 9.
74:The joint proposal addresses the Zone B sulfate plume and providing
the makeup water lost as a result of the reverse osmosis process. The
JVWCD’s intentions to pursue a water development project beyond the
scope of the Joint Proposal, is outside the purview of the Trustee’s decision.
75: Comment is noted. Both proposing parties have agreed to continue to
optimize the project to assure that the goals of the project are met. The
JVWCD will be made aware of the comment for consideration during their
design planning prior to the selection of a disposal option.
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Letter No. 0407 (cont.) Response to Letter No. 0407 (cont.)
76: See the Response to Common Comment No. 6 and No. 9.
The decision on a disposal option by the JVWCD will be addressed after the
DWQ, State Trustee, Kennecott, JVWCD and the other members of the
Great Salt Lake Water Quality Steering Committee have had an opportunity
to investigate the fate and transport of selenium in the Great Salt Lake
environment.
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Letter No. 0407 (cont.) Response to Letter No. 0407 (cont.)
77: See the Response to Common Comment No. 13.
The review of new technologies for the disposal of treatment concentrates
and the optimization of the remedial functions to contain and reduce the
sulfate plumes in both Zone A and B have been recognized as an important
component by the proposing parties.
78:The comment is noted.
79:The comment is noted. See the Common Response to Comment No. 7
and No. 9.
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Letter No. 0407 (cont.) Response to Letter No. 0407 (cont.)
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Letter No. 0407 (cont.) Response to Letter No. 0407 (cont.)
710:The comment is noted and will be forwarded to the Great Salt Lake
Steering Committee. See the Response to Common Comment No. 9.
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710
Letter No. 0408 Response to Letter No. 0408
81: See the Response to Common Comment No. 10.
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Letter No. 0409 Response to Letter No. 0409
91: Under the proposal, the interest rate is not being reduced on the $28
million Letter of Credit (ILC). Instead, in accordance with the terms of the
Consent Decree, that original ILC is being replaced by two new ILC, one
for the Zone A facility and one for the Zone B facility, to cover construction
and operation and maintenance. The 7 percent interest rate only applies to
the original ILC. See also Response to Common Comment No. 12.
92: See Response to Common Comment No. 12.
93: The amount of the letter of credit was deemed to be sufficient to
construct a facility that could produce 7000 acrefeet per year of municipal
quality water. To supply an additional 1235 acrefeet of water that is lost
due to the treatment process, JVWCD will either extract and treat shallow
groundwater or provide it from other sources.
94: The Joint Proposal is allowed under the terms of the Consent Decree.
95:The District is proposing to use the cash in the Trust Fund to “restore,
replace, or acquire the equivalent of the surface or ground water resources
for the benefit of the public in the Affected Area” under paragraph V.D.4 of
the Consent Decree. This is consistent with the terms of the Consent
Decree. See also the Response to Common Comment No. 12.
96:The Consent Decree does not define how the waste streams from
treated water will be handled.
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Letter No. 0409 (cont.) Response to Letter No. 0409 (cont.)
97: See Response to Common Comment No. 11 and No. 12.
98: See Response to Common Comment No. 11 and No. 12.
99: The term “Lost Use” is used to describe the JVWCD proposal for
providing an additional 1,235 acrefeet of water, as described in the Joint
Proposal.
910:The Consent Decree does require remedial actions (specified under
paragraphs V. A, B and C) which has been completed to the benefit of the
public.
911:The terms have the same meaning in the Consent Decree.
912:The parties are not required to seek court approval if no modifications
are being made to the Consent Decree. The Joint Proposal meets the
requirements of the Consent Decree. See also the Findings and Conclusions
of the Trustee.
913: Use of the term “Southwest Jordan Valley” is consistent with the
Consent Decree and earlier EPA remedial project activities and documents.
The term “Affected Area” is a defined term in the Consent Decree.
914:The State of Utah settled in 1995 a claim against Kennecott for injury
to the groundwater in the Affected Area. The Consent Decree identifies the
scope and nature of the settlement. Also, see Response to Common
Comment No. 12.
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915
Letter No. 0409 (cont.) Response to Letter No. 0409 (cont.)
915: The Consent Decree is binding on the named party, Kennecott Utah
Copper Corporation.
916: When Kennecott ceased leaching operations, the process was changed
to send the acid plume water to the tailings impoundment. That change is
directed in the Record of Decision, dated December 2000. See also the
Response to Common Comment No. 5.
917: Replacement of the original ILC with the Zone A and Zone B ILCs is
consistent with the terms of the Consent Decree. See also Response to
Common Comment No. 12.
918: See Response to Common Comment No. 11.
919: The Trustee is not prepared to comment on standards of review.
920: The State has specific rights under Utah Code Annotated Title 19 and
under federal law to seek remedial action.
921:Third party claims are not settled by the State Natural Resource
Trustee’s action against Kennecott. See Section VIII of the Consent
Decree.
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Letter No. 0409 (cont.) Response to Letter No. 0409 (cont.)
922: Comment noted.
922
Letter No. 0409 (cont.) Response to Letter No. 0409 (cont.)
923: See response to 91 above and Response to Common Comment No.
12. The Trustee is acting consistent with the provisions of the Consent
Decree. See also Findings and Conclusions of the Trustee.
924:The Zone A Kennecott project is covered under Section V.D.2.b of
the Consent Decree and the JVWCD project is covered under Section V.D.4
of the Consent Decree. The Consent Decree does not prohibit the Trustee
from authorizing the creation of the two ILC’s as defined in the Joint
Proposal. See also response to 91 above and Response to Common
Comment No. 12.
925: Yes. See the Findings and Conclusions of the Trustee. Further, the
Technical Review Committee reviewed sustainability.
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Letter No. 0410 Response to Letter No. 0410
101: See Response to Common Comment No. 1.
The Trustee provided significant time to the public to gain an understanding
of the project particulars, totaling more than 120 days. Significant time was
taken to provide the public with opportunities to talk with the Trustee and
proposing parties, through information meetings, official hearings, informal
and formal briefings.
The public has submitted numerous comments and concerns on the project
particulars. These have been addressed either through revisions to the
proposal that was brought out for public comment during a reopening of the
public comment period in 2004, or by the responses contained within this
response document.
102:The revisions to the Joint Proposal meet the requirements of the
Consent Decree. See the Findings and Conclusions of the Trustee. The
Trustee has the discretion to approve a proposed project where some of the
decisions are a function of the permitting requirements under various state
programs.
Also, see Response to Common Comment No. 11.
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Letter No. 0410 (cont.) Response to Letter No. 0410 (cont.)
103: See Response to Common Comment No 1. See also the Findings and
Conclusions of the Trustee with respect to whether the Joint Proposal meets
the requirements of the Consent Decree.
104: See the response provided to Comment No. 101, above.
Also, see Response to Common Comment No. 10 and No. 12.
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