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source (USDW), because it has TDS concentrations less than 10,000 mg/L. Contaminants cannot be discharged into a USDW without permit, so water quality them is protected by regulations promulgated under the Safe Drinking Water Act, which is reflected n the groundwater regulations of the Water Quality Control Act, which in turn is the Act to which the Division defers in carrying out our implementing agency authority for groundwater. The operator's inference that the Division needs [sic] not be concerned with discharges into aquifers having TDS concentrations greater than 500 mg/L TDS is in error 9see Water Quality Control Commission, Basic Standards for Groundwater, Regulation 41). Because the mined material has the potential to release acid and toxic substance in excess of groundwater standards, based on SPLP results, it is evident orr its face that re-flooding of underground workings with perched aquifer water from the Salt Wash formation would have the potential to violate state-wide standards. Therefore, the Division considers the JD-9 mine is a Designated Mining Operation. The operator may elect to have this determination reconsidered by identifying in more detail the quality of water in the perched aquifer and conducting appropriated, representative (not conservative) water-rock interaction tests or other leach tests to support a revised interpretation. Unti] such results are received, this operation should be considered a DMO, and the operator should take measures to conshuct appropriate, site- specific environmental protection facilities or implement adequate waster handing procedures and/or mine closure plans. D. The Division and Board Should Focus on the Realities of the Behavior of Species of Concern in the Surrounding Formations. The presence of perched groundwater in Che Salt Wash member of the Morrison Formation is a problematic issue regarding the exclusion of the JD-9 mine from DMO status. With a goal of protecting the environment and potential human exposure to mine materials, a limited analysis of the likelihood of species of concern migrating in the perched aquifer or impacting the regional aquifer (Entrada Sandstone) ignores the realities of potential environmental impacts. While arguments for the other Cotter mines (i.e., JD-6 and JD-8} have focused on the location of groundwater, an assessment of the potential enviromnental impacts of the JD-9 mine needs to focus on the realities of the behavior of species of concern in the