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BERNARD <br /> LYONS & GADDIS <br /> A PROFESSIONAL CORPORATION <br /> ATTORNEYS AND COUNSELORS <br /> Ben Patton <br /> Glen Mallory <br /> Harry Posey <br /> June 11, 1999 <br /> Page 2 <br /> within the aquifer, and if any contamination occurs, to require the removal of the <br /> coal ash. That will not remediate any contamination problems which would have <br /> already occurred by that point. <br /> The District is also concerned that Varra Companies may use this test project as a <br /> spring board for disposal of additional waste along the St. Vrain River. The District <br /> is very much opposed to such a large scale disposal plan, and does not think it is <br /> appropriate to conduct a test within the basin for that purpose. To the extent that <br /> any of your agencies have authority to grant or deny the application, the District <br /> requests that you deny the application. <br /> In addition to these general comments, the District would like to make further <br /> specific comments regarding the proposal and regarding the work plan prepared by <br /> Colorado Groundwater Resource Services, dated April 1, 1999. <br /> First, Varra only looked at wells within Section 31 within I/. mile of the proposed <br /> test site. In order to be protective of all water rights in the area, the applicant <br /> should consider whether there are any registered or unregistered wells in other parts <br /> of Section 31, as well as Sections 29, 30 and 32, Township 3 North, Range 68 West, <br /> and in Section 36 in Range 69 West. <br /> The report ignores entirely the potential effect of buried coal ash to act as a dam <br /> within the alluvial aquifer. Previously, the local geology consisted of primarily sand <br /> and gravel, which was removed by the Varra Companies. In its place, the applicant <br /> proposes to bury coal ash which is significantly less permeable. That material will <br /> act as a dam and change the direction of ground water flow in the aquifer. That may <br /> impact the quantity of water available to local wells, in addition to any impacts on <br /> the quality of that water. <br /> The report indicates that there is very little information regarding water quality in <br /> the alluvial aquifer. The report refers to ground water quality samples taken in the <br /> Laramie-Fox Hills aquifer near Milton Reservoir. This information is meaningless or <br /> misleading for this project. The applicant has not demonstrated that the Laramie-Fox <br /> Hills aquifer is connected to the alluvial aquifer in this area or that it even exists <br /> under the Varra mine site. The samples referred to were taken 15 miles away in an <br /> entirely separate aquifer. The Laramie-Fox Hills aquifer near Milton Reservoir is <br /> also known to have poor water quality due to the existence of coal seams and other <br /> \\GBLG\DATA\CLIENTS%SISVLNWLPATTON-MALLORY-POSEY-L.DOC 06109190 4:5S PM <br />