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hydrologically downgradient lands be removed from DMG jurisdiction, and that the HMWMD <br /> take over that area of the current MLRB permit that will be affected by the fly ash disposal <br /> facility. I believe this would make permitting simpler and less expensive for the operator, that <br /> productive communications between the State and the Operator would be maximized, and that <br /> the monitoring and closure would be simplified. <br /> With regard to potential effects on surface water, DMG staff have concluded, based on general <br /> knowledge and belief, that there is a high likelihood of communication between exposed ground <br /> water in the gravel pit and surface water in St. Vrain Creek (see H. Posey letter attached). <br /> Moreover, as HMWMD and DMG staff have concluded, there appears to be a high likelihood <br /> that leachates from the fly ash will contain high concentrations of several metals, and that <br /> without adequate protections those metals might reach not only groundwater but also St. Vrain <br /> Creek in concentrations exceeding applicable standards. I would add that this is not a foregone <br /> conclusion, and the operator apparently is collecting information to address this interpretation, <br /> but until it is adequately addressed, the issue of potential discharge of contaminants to surface <br /> waters through the alluvium remains unresolved. <br /> Please contact me at your earliest opportunity regarding the issue of overlapping jurisdictions, <br /> and thank you again for your considerations in this matter. <br /> Sincerely, <br /> H. Bruce Humphries <br /> Minerals Program Supervisor <br /> Attachment <br /> cc: Chris Varra, Varra Companies Inc. <br /> Mike Long <br /> Chris Kamnikar <br /> Carl Mount <br /> Jim Pendleton <br /> Harry Posey •� <br />