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Eric Scott, P.G., R.G. <br />April 10, 2018 <br />Page 2 of 2 <br />In short, the Reservoir Company desires adequate monitoring to provide it with an early <br />detection system should the concentration of metals increase. As you know, "disturbances to the <br />... quality ... of water in surface and groundwater systems both during and after the mining <br />operation and during reclamation shall be minimized." C.R.S. § 34-32-116(7)(g); Har -d <br />RocklMetal Mining Regulations, Rale 3.1.6(1). DBMS is further obligated to ensure <br />"compliance with applicable federal and Colorado water quality laws and regulations, including <br />statewide water quality standards and site-specific classifications and standards adopted by the <br />Water Quality Control Commission." Rule 3.1.6(1). One of the required ways for DRMS to <br />accomplish these obligations is "adequate monitoring requirements to confirm compliance with <br />applicable surface and ground water classifications and standards." Memorandum of Agreement <br />bettiveen State Agencies (SB 181), dated December 14, 2010. <br />Lastly, Climax is proposing to relax many of its monitoring requirements. Although the <br />Reservoir Company has resolved many of its concerns regarding the proposal with Climax, it <br />still has concerns with arsenic, mercury and silver. For example, arsenic concentrations in Eagle <br />Park Reservoir and the East Fork of the Eagle River are already well above the surface water <br />standards. Continued monitoring with better detection limits will help provide an early warning <br />of contamination so any problem can be quickly remedied. The Reservoir Company believes <br />that is a simple and appropriate way to provide additional protection for surface water quality <br />and would alleviate the need for other regulatory options such as classifying the ground water to <br />protect surface water quality. Similarly, the Reservoir Company would prefer not to rely solely <br />upon the legal protections available under its Purchase and Sale Agreement with Climax, or even <br />C.R.S. § 25-8-202(7), unless necessary to do so. <br />We thank you for considering the attached comments and hope that you will implement these <br />suggestions in carrying out DRMS's water quality obligations. Please feel free to contact LRE <br />or myself if you have any questions. <br />Sincerely, <br />PORZAK BROWNING & BUSHONG LLP <br />Steve Bushong <br />Legal Counsel for Eagle Park Reservoir Company <br />Cc: Linn Brooks, EPRC, ERWSD and UERWA <br />Brian Tracy, ERWSD <br />Aimee Konowal, WQCD <br />Robert Hillegas, WQCD <br />