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<br />The MLRA requires that any baseline characterization must be done in a systematic, <br />sequential, and planned manner. In order to carry out this mandate, such a plan must be in place <br />prior to the authorization of any activities that may compromise or otherwise distort or alter a <br />baseline characterization. Indeed, this is precisely how the DRMS has interpreted the MLRA in the <br />context of the ongoing MLRA rulemaking process. The proposed regulations explicitly preclude <br />baseline characterization activities prior to approval of a baseline characterization plan. See <br />proposed Rule 1.4.3(1)(A). While the proposed Rules allow for operators to conduct some baseline <br />characterization prior to finalization of the rules in some circumstances, this allowance is wholly <br />discretionary. In this case, because of the potential of the proposed activities to impact the baseline, <br />the Division should decline to allow the activity prior to final approval of the baseline <br />characterization plan. Critically in this case, Powertech has already submitted a proposed baseline <br />characterization plan, which is currently under review by DRMS. Further, commenters understand <br />that the Division is in the process of securing the services of a third-party expect to oversee baseline <br />plan development and baseline site characterization activities, as provided by the MLRA. This third- <br />party expert should be in place prior to the commencement of additional baseline characterization <br />activities. <br />Overall, DRMS review of both the baseline characterization plan and the Request for <br />Modification should be coordinated to ensure faithful implementation of the MLRA and the new <br />Rules. As has been expressed by DRMS, activities conducted prior to finalization of the baseline <br />characterization plan may impact the baseline ground water conditions at the site, thereby impairing, <br />or even precluding, the ability of the Division to obtain an accurate baseline characterization. <br />Because of this potential to impact the baseline, the Division should ensure that the baseline <br />characterization plan is finalized and have a third-party expert retained prior to approving the <br />currently proposed baseline and site characterization activity. <br />We look forward to your response to these important issues, and the prompt disclosure of all <br />necessary information necessary to assess the impacts of Powertech's proposed activities, including <br />all relevant data'from previous pump tests and the status of historic wells at the site. At that time, <br />commenters reserve the right to provide additional comment on this project. Please do not hesitate to <br />contact me directly with any questions. <br />Sincerely, <br />/s/ Jeffrey C. Parsons <br />Jeffrey C. Parsons, Esq. <br />On behalf of Coloradoans Against Resource Destruction (CARD), Environment Colorado, Clean <br />Water Action, and Information Network for Responsible Mining (INFORM) <br />cc: David Berry, DRMS