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downstream impact, instream sampling is the only way to determine actual <br />values and compliance with State and Federal in-stream water quality standards <br />and to evaluate possible hydrologic impacts. Rule 4.05.1(3) supports the <br />Division's position. <br />In no case shall Federal and State water quality statutes, regulations, <br />standards, or effluent limitations be violated. <br />And from Rule 4.05.13(2)(a): <br />Surface water monitoring shall be conducted in accordance with the <br />monitoring program submitted under 2.05.6(3)(b)(iv) and 4.05.13(2) as <br />approved by the Division. The Division in consultation with the Division of <br />Water Resources, shall determine the nature of data, frequency of collection, <br />and reporting requirements. Monitoring shall: <br />i) Be adequate to measure accurately and record water quantity and quality of <br />the discharges from the permit area; <br />It is for that reason that sites are positioned above points of potential mine <br />discharge and at key points below discharge but after that discharge is <br />sufficiently mixed. This was done along Good Spring Creek in the original <br />permitting of the Colowyo mine and surface water sites were chosen and <br />sampled in the same way for South Taylor permitting along the West Fork of <br />Good Spring Creek. <br />Another important decision for surface water site placement is at or slightly <br />above a point of use or take-out, such as an irrigation diversion. This is of <br />paramount importance when there is the potential for surface water to be <br />affected by coal mining discharge above suspect levels for material damage. <br />This is the case downstream of approved South Taylor mining. Actual in- <br />stream sampling at these points is critical and mass balance calculations or <br />other indirect methods to determine quantity and levels of any contaminant are <br />not sufficient. For Colowyo, surface site NUGSC is an example of such a water <br />monitoring site, positioned above numerous downstream irrigation diversion <br />points along Good Spring Creek. <br />Therefore, an acceptable monitoring plan would include monitoring the <br />following surface water sites on a monthly frequency for field parameters <br />(flow, EC, temperature, pH) and on a quarterly frequency for lab samples <br />(parameters as currently approved): <br />UWFGSC, LWFGSC, EFGSC, NUGSC, LGSC, LTC <br />4 <br />