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II. II II II II II II II ~ ~ - ~ ~ ~ ~ ~ ~ ~ ~ July 3, 2001 Mr, Paul Frohardt, Administrator Colorado Water Quality Control Commission 4300 Cherry Creek Drive South Denver, CO 80246 Dear Mr. Frohardt: In light of recent experiences I have had with staff of the Water Quality Control Division with respect to water quality enforcement issues I feel compelled to write to you to assure that my concerns are addressed at the public rule-making hearing the Commission will hold on July 9 in Grand Junction. I live in the Dolores River valley and am one hundred percent behind your efforts to set new water quality standards to protect the waters of the Dolores River basin. However, I believe attention needs to be focused also on a thorough review of present monitoring and enforcement rules and policies of the Water Quality Control Division to assure that any new standards are truly meaningful. Special emphasis needs to be given to improving the Division's responsiveness to the public when specific concerns are raised and to encouraging a more open and full disclosure policy on water quality issues of public health consequence. To explain further, I have been doing extensive reseach into the water quality impacts of a proliferating number of gravel pits along the Dolores River corridor which has led me to address certain issues with statf of the WQCD. In all frankness I must say that I am appalled at the oversight deficiencies I have found in the agency and am dismayed over the apparent lack of protection the agency provides to the public. Three specific incidents that occurred and addressed separately below support my conclusions. On April 25 I sent a letter to Greg Brand in the Durango WQCD office reporting what I and others believed to be an irregularity in the manner in which it appeared the KoeniglTam gravel pit was obtaining its effluent discharge samples. It was requested that the matter be looked into and if corrections were needed that they be implemented, As of this date I have yet to hear from Mr. Srand. A copy oy this letter is attached for your information. In the course of conducting my research I requested from the WQCD and received copies of effluent discharge data reported by the KoeniglT am gravel pit over a period of some three plus years. While I don't profess to be a statistician I do have some statistical knowledge and was quite amazed to discover that the TDS data reported defies statistical probability and gives every appearance of being fabricated. What equally disturbs me and amazes me even more is the apparent lack of oversight review exercised by WQCD staff of this data before it is entered into the Division computer database. A copy of this report is attached for your evaluation. The third incident concerns mercury contamination entering the Dolores River from mining sources near the town of Rico,CO. I was recently enlightened by a member of