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12/10/98 THU 18:15 FA% u information (i.e., surface water recharge use). Any future enforcement reviews ~hould then be based on the new, corrected levels. 2. The Points of Compliance Must Be E~anded f~ooa Currently, the primary focus of BMRI's and DMG's enforcement investi ation appears to be based on Point of Compliance (POC) Well M11R. Based on the cturent it,.that may be acceptable. However, the MLRB should expand the number and location of the OCs to account for actual conditions at the site. Specifically, a new POC should be established aft the newly discovered spring seepage and subsequently-installed sump and pump back system, as well as the additional wells proposed in the November, 1998 BMRI Report. Since BMRI has admitted that the seepage at this point is coming from th West Pit, this flaw is a good indicator of water quality conditions resulting from the Mine.3 Fo reference, the recent Halepaska and BMRI Reports detail the direct connection and influence West Pit has on the Rito Seco Creek and its alluvium. II. The Fact That Elevated Levels of Pollution May Be Due to the West ~t's Alteration of the GeoHydrology of the Area Is Not an Ezcuse to Avoid Full Com fiance with Water Quality Standards BMRI maintains that the elevated levels of pollution flowing to the Rito co and its alluvium are primarily due to its aheration of the local hydrologic system becaus of the excavation and backfill of the West Pit. That may be true. It is also largely irrele ant to a determination as to whether BMRI should be held responsible for the deterioratio of the Rito Seco and local ground water. It must be remembered that such alteration is due s lely to BMRI's actions at the site. Any resulting water quality problems ate the company's respo sibiliry. Water quality protections in the Mined Land Act end MLRB Rules are not limited to chemical pollution or acid mine drainage caused by chemical reactions in mined ~aterials. Any worsening of water quality due to "disturbances in the hydrologic balance" must a "minimized" by all permitted operations. CRS 34-32-116('n(g). I» this case, BMRI admits that the excavation of the West Pit and the resu ' g backfill has removed the original hydrologic condition that allegedly prevented ground water m the pre- Cambrianbedrock from flowing to the Rito Seco -the green clay fault zone. Tt a ds a supplemental theory that the elevated levels of TDS and Sulfate are due to the "fl skiing" of 1 Recent site visits have observed strong evidence of the seepage from the West P into the Rito Seco. For example, while the stream is largely becoming ice-covered in the stretc above and below the observed spring/seep, the Rito Seco just at and just below the location the new pumping well is free from ice. This strongly suggests that ground water in the i ediate vicinity of the spring/seep (whose waters BMRI admitted was coming from the West Pit) i also coming from the West Pit. In other words, the new spring/seep pump is not preventing w r below the elevation of the pump from reaching the stream.