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leery M. Nettleton Twentymile Coal Company Page 2 11. Rule 4.05.13(1)(b) requires formal establishment of ground water points of compliance for a coal operation which, in the judgement of the Division, has the potential for negatively impacting the quality of ground water for which quality standazds have been established by the Colorado Water Quality Control Commission. The Commission's Rule 41 sets forth Basic Standards for Ground Water. These Standards aze applicable to ground water at the Foidel Creek Mine. In [he judgement of [he Division. the Foidel Creek Mine has the potential for negatively impacting the quality of ground water in alluvial aquifers of Foidel Creek, Fish Creek, and Trout Creek. A negative impact could result if underground mine water is discharged into one of the streams and migrates into alluvial ground water. TDS of underground mine water has been a few thousand mg/1 compazed to less than 1,500 mg/1 in many of the alluvial water samples. In the judgement of the Division, the Foidel Creek Mine does not have the potential to negatively impact bedrock aquifers due mainly to the mine's location in a syncline. The following three existing wells would fulfill the need for alluvial ground water points of compliance: 008-AV-2 (Foidel Creek alluvium), 008-AU-3 (Fish Creek alluvium), and 008-AT-1 (Trout Creek alluvium). In order to document these three wells as the ground water points of compliance, please add a statement to the permit application similar to this: The following three wells have been established as alluvial ground water points of compliance: 008-AV-2 (Foidel Creek alluvium), 008-AU-3 (Fish Creek alluvium), and 008-AT-1 (Trout Creek alluvium). A last sentence to the fast pazagraph under Bedrock and Alluvial Ground Water Monitoring on page Exh 14-1 seems an appropriate place in the permit for adding the statement. Please contact me if you have any questions. Yours truly, Byron G. Walker, EPS cc: Brian A. Watterson, Geologist, Environmental Group, Twentymile Coal Company, 29515 Routt County Road #27, Oak Creek, Colorado 80467