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es ~ RECEI\/ED ~,n/~// UNITED STATES ENVIRONMENTAL PROTECTION DEC 0,8 2~ ~- ~IfI A~'.7ENCiY .Division of Minerals and Geology REGION 8 99918TH STREET -SUITE 200 DENVER, CO 80202-2466 http://www.epa.gov/region08 DEC - 2 200E Ref: 8P-W-GW Mr. Mark Campbell SW TKO Joint Ventwe, LLC 333 West Hampden Avenue Suite 810 Englewood, Colorado 80110 M _aoo~l-o'7F Re:/IJNDERGROLTND INJECTION CONTROL (UIC) Class V Injection Well Denial of Rule Authorization Lupton Lakes Project Weld County, Colorado EPA File #CO50000-07034 Dear Mr. Campbell: My staff has reviewed the proposal and dated October 4, 2005, supplemental information regarding the reinjection of ground water extracted from the surface aquifer to de-water gravel operations for the purpose of recharging ground water supplying nearby private drinking water wells. Because analyses from monitoring wells located in the area where ground water.will be extracted shows concentrations of nitrate and total coliform in excess of primary drinking water standards, we have determined that reinjection of groundwater extracted from these areas cannot be authorized by rule. Title 40 Code of Federal Regulations (40 CFR), § 144.12 Prohibition of movement of fluid into underground sowces of drinking water states: (a} No owner or operator shall construct, operate, maintain, convert, plug, abandon, or conduct any other injection activity in a manner that allows the movement of fluid containing any contaminant into underground sowces of drinking water, if the presence of that contaminant may cause a violation of any primary drinking water regulation under 40 CFR part 142 or may otherwise adversely affect the health of persons. Although groundwater in the area may already be contaminated by nitrate and co]iform, the information submitted with the proposal does not sufficiently demonstrate that injection activities will not further degrade groundwater quality in the vicinity of the private drinking Printed on RecyGed Paper