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LeonardRice <br />ENGINEERS,INC. <br />Integrated Water Resources Engineering <br />Innovative Solutions for Water and Land <br />On November 22, 2011, Glenn Porzak, ( Porzak Browning & Bushong LLP, "PBB ") submitted a letter <br />to Jeff Fugate (Colorado Assistant Attorney General), which outlines the roles and responsibilities of <br />the DRMS and Water Quality Control Division (WQCD) in establishing water quality protections for <br />groundwater in mine impacted areas. The letter highlighted requirements that are contained in a <br />"Memorandum of Agreement between DRMS and the WQCD and Water Quality Control Commission <br />(WQCC)," dated December 14, 2010, which establish appropriate points of compliance; Specifically, <br />Mr. Porzak identified concerns with lack of consultation, and deficiencies in the DRMS point of <br />compliance approach for the protection of surface water beneficial uses and anti degradation. <br />"the DRMS is responsible for implementing standards and classifications for discharges, other <br />than point source discharges to surface water, through its own regulatory programs after <br />consultation with the WQCC and the WQCD." <br />"The implementing agencies are to specify appropriate points of compliance for groundwater <br />discharges. The points of compliance are to be adopted in accordance with criteria established <br />through public rulemaking following consultation with the WQCC and the WQCD." <br />"Further, given the significant difference between the applicable ground water and surface <br />water standards at the site, there is serious concern thatground water which meets applicable <br />ground water standards could impact surface water to such an extent that the more stringent <br />surface water standards would be violated." <br />Mr. Fugate responded to the consultation concerns raised in the letter from PBB in a letter dated <br />December 8, 2011, indicating that consultation had occurred. However, the letter did not address <br />the EPRC's concerns regarding protection of surface water standards and antidegradation. <br />The DRMS has since indicated that it believes that the application of the Colorado Basic Standards <br />for Groundwater table values for protection of human health and drinking water are protective of <br />the existing and reasonable future uses of groundwater. (Eric Scott e -mail dated July 23, 2014, and <br />Eric Scott phone call on January 22, 2015). The DRMS has not addressed EPRCs concerns regarding <br />protection of surface water standards and anti degradation. If the DRMS adopts CBSG Table values <br />as NPLs without consideration of ambient groundwater quality, its actions may not be protective of <br />the current uses of the groundwater, which include use as surface water in Eagle Park Reservoir <br />and the East Fork. <br />