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Dan Hernandez Page 3 <br />June 3, 2013 <br />shall establish the point of compliance for those activities under their control. The WQCC may <br />through rulemaking establish a site - specific point of compliance which shall supersede any point <br />of compliance established by the implementing agencies. <br />Under DRMS Rules one or more points of compliance shall be established for any coal operation <br />which, in the judgment of the Division, has the potential to negatively impact the quality of <br />groundwater for which quality standards have been established by the WQCC. These points of <br />compliance shall be monitoring locations in addition to any other monitoring points required by <br />the Division. <br />Of importance to our study of the Southfield Mine site is the discussion under 41.12 Statement of <br />Basis And Purpose. The following excerpt from pages 28 and 29 of the regulation are <br />paraphrased here. The WQCC intends to allow for flexibility in locating the point or points of <br />compliance within the specified area. After the point or points of compliance are determined, <br />applicable ground water quality standards are to be met at these locations. <br />"Mining activities are recognized to occur within ground water bodies and that water quality <br />within the disturbed area will obviously change. The point(s) of compliance established outside <br />the area anticipated to be disturbed may protect the water body while allowing the mining <br />activity." <br />As stated in the regulation, the WQCC envisions that future and /or amended regulations will <br />specify the design criteria and/or monitoring requirements necessary at the point or points of <br />compliance. Down - gradient groundwater monitoring locations may correspond to the point of <br />compliance for the regulated activity. <br />Given this discussion and review of the applicable regulations we can determine with certainty <br />that water in Southfield's flooded mine workings, as well as water in coal or low permeability <br />rock interbedded with coal down gradient of the flooded mine workings, does not need to meet <br />water quality standards as indicated in the citizens complaint presented by the Vento family. <br />Other regulations pertinent to this discussion are the Division of Water Resources Office of the <br />State Engineer Water Well Construction Rules 2CCR 402 -2 and the State Board of Examiners of <br />Water Well Construction Guidelines, specifically Board Bulletin 2000 -2: Poor Quality Water <br />From Coal Zones. This bulletin is attached for reference in Appendix A. Bulletin 2000 -2 <br />addresses the issue of "poor quality" water often found in coal bearing intervals and the <br />suitability of the use of that water from the well. "Naturally occurring poor quality water is not, <br />in and of itself, necessarily "contaminated" ground water. The purpose of Bulletin 2000 -2 is to <br />focus on water produced from zones containing coal deposits, distinguish "poor quality" ground <br />water from "contaminated" ground water, and to encourage contractors and well owners to <br />consult and reach agreement on an option of having the coal bearing zones sealed out of the <br />production interval." <br />Rule 10 of the Water Well Construction Rules is the Minimum Construction Standards For <br />Water Wells. Rule 10.1.2 states "Prior to starting construction, all persons authorized to <br />construct wells shall investigate the and become familiar with the geology of potential aquifers, <br />