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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX; (303) 832-8106 <br />August 20, 2007 <br />Mr. William A. Beaz <br />Bowie Resources LLC <br />P.O. Box 483 <br />Paonia, Colorado 81428 <br />RE: Bowie No. 2 Mine, Permit No, C-96-083, Bowie Resources LLC <br />Groundwater Points of Compliance Report, Adequacy Review <br />Dear Mr. Beaz: <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />- &- <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W, Cattany <br />Division Director <br />Natural Resource Trustee <br />The Colorado Division of Reclamation, Mining and Safety (Division) reviewed the R Squared <br />Incorporated Technical Report requesting a variance from establishing groundwater compliance <br />points for the Bowie No. 2 Mine where the depth to groundwater is greater than 300 feet. The <br />Division also reviewed the latest Findings, AHR Reports, previous review memos, and permit <br />application package (PAP) Sections 2.04.5, 2.04.7 and 2.05.6. <br />A lot of the information presented in the report could be used to substantiate a determination of <br />no significant impact to bedrock ground water, or possibly to establish asite-specific <br />classification of "Limited Use and Quality" for bedrock ground water at the mine and adjacent <br />areas. However, as presented in the report, the approach to exempting groundwater monitoring <br />or establishing alternative points of compliance is not an allowable application of the ground <br />water regulations. The Division has the following comments regarding the overall approach to <br />the variance request and the validity of such request. <br />1. The Division of Reclamation, Mining and Safety (Division) as an implementing agency <br />does not have the authority or provisions in our regulations to grant a vaziance from establishing <br />groundwater points of compliance. Further, groundwater monitoring would not be exempted as <br />indicated in the report due to its non-tributary nature or limited existence. This would be an <br />inappropriate application of groundwater quality regulations. Under the Colorado Water Quality <br />Control Act (CWQCA) State Waters include all groundwater regardless of yield. For <br />unclassified groundwater areas (as is the case for Bowie No. 2 Mine), the applicable and relevant <br />standards are the Interim Narrative Standards (41.5(C)(6)) from Regulation 41, The Basic <br />Standards for Ground Water. <br />2. The "alternative compliance point" described in section 3 of the report is not defined by <br />regulation. The Water Quality Control Commission (WQCC) may grant variances from the <br />standards specified in section 41.5 of Regulation 41 but not in the context as described in section <br />3 of the report. The variance (41.7 F) referenced in section 3 of the report applies to ground <br />Office of Office of <br />Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines <br />