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<br />James Dillie <br />Division of Minerals and Geology <br />Colorado Department of Natural Resources <br />October 11, 1999 <br />Page 2 <br /> <br />water or surface water standard. For example, Rule 3.1.6 requires "compliance <br />with applicable federal and Colorado water quality laws and regulat ons, <br />including statewide water quality standards and site-specific classifi ations <br />adopted by the Water Quality Control Commission." In this case, it ppears that <br />the DMG is focusing primarily on whether the proposed treatment s~ stem will <br />meet surface water standards and whether the very limited set of g and water <br />parameters at well M11-R are being met. While this is of course re wired by the <br />law, the DMG must assure that ALL standards within the permit are are not <br />violated, not just this subset of standards. ~ <br />Thus, DMG must require that BMRI correct all ground water ~nd surface <br />water problems. At a minimum, this means that the ground water t roughout <br />(and underneath if applicable) the pit area and in the potentially affected Rito <br />Seco alluvium must meet standards. This is especially needed sine BMRI <br />admits that "the exact locations where groundwater flows from the a luvial <br />aquifer into the Rito Seco (and vice versa) are not known." BMRI A gust, <br />1999, Technical Review Comment Response, TR-26, at p. 6. Sinc both the <br />DMG and BMRI admit that all such standards are not being met, an aggressive <br />corrective action plan to remediate and prevent any exceedence m st be <br />developed and implemented. <br />The DMG's September 15th letter to BMRI, at p.3, correctly n tes that <br />there can be no release of financial assurances until ground water u es are fully <br />protected. It must be stressed, however, that the DMG/MLRB's aut ority to <br />assure full bonding extends to costs to comply with ALL water quali <br />standards -- i.e., for both surface water and ground water throughout the <br />permit area and offsite affected land. ~ <br />As noted herein, under Rule 3, BMRI must comply with all su ace and <br />ground water standards. Rule 4.2 requires that "all measures taken o assure <br />the protection of water resources, including the costs to cover neces ary water <br />quality protection, treatment and monitoring" must be covered at all Imes <br />by the financial warranty. <br />P.U90I 00l~cartsV V dilliv vlequazy •p1 <br />