2018-11-01_REVISION - C1981019 (2)

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Zach Trujillo Page 3 November 1, 2018 Regulatory requirement to establish Groundwater Points of Compliance The language of Rule 4.05.13(1)(b) is unequivocal: One or more points of compliance shall be established for any coal operation which, in the judgment of the Division, has the potential to negatively impact the quality of groundwater for which quality standards have been established by the Water Quality Control Commission. These points of compliance shall be monitoring locations in addition to any other monitoring points required by the Division. Statements in both of the reports submitted with TR-125 meet the “has the potential to negatively impact” criterion of Rule 4.05.13(1)(b). For example, in the conclusion of the Petersen Hydrologic repot, on Page 47, the author states: While it is not possible to predict with absolute certainty that alluvial groundwaters will not be impacted by mining operations, based on the entirety of the information presented in this report, it is our opinion that significant mining-related impacts to the water quality in the Good Springs, Taylor, and Wilson Creek drainages are unlikely. The AECOM report goes further; in section 4.6 of the report the author states: Down-gradient wells show some impacts potentially related to mining and reclamation, particularly for manganese, sulfate and TDS Given the acknowledged potential for negative impacts to alluvial groundwater quality from operations at the Colowyo Mine, the rules require that points of compliance be established. Criteria for the establishment of Groundwater Point(s) of Compliance Rule 4.05.13(1)(b) contemplates the criteria to be used when establishing points of compliance. Based on these criteria, my suggestion is that a point of compliance should be established in the alluvium of Wilson Creek, Taylor Creek and Good Spring Creek, downgradient of all mine related disturbance, and within the permit boundary. This would be consistent with the permitting associated with PR-4, where MC-04-02 (in Collom Gulch), MLC-04-01 (in Little Collom Gulch), and MJ-95-01 (in Jubb Creek) were designated as points of compliance. It may be appropriate to use existing downgradient monitoring points in some cases (for example, the Gossard well is appropriately located to be a point of compliance in the Wilson Creek Alluvium). I would be happy to meet with Tri-State staff to discuss the establishment of points of compliance in greater detail.