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/4/-/977- 3 0 0 `'- <br />STATE OF COLORADO <br />Bill Ritter, Jr., Governor <br />Martha E. Rudolph, Executive Director <br />Dedicated to protecting and iml <br />4300 Cherry Creek Dr. S. <br />Denver, Colorado 80246-1530 <br />Phone (303) 692-2000 <br />TDD Line (303) 691-7700 <br />Located in Glendale, Colorado <br />)roving the health and environmer <br />Laboratory Services Division <br />8100 Lowry Blvd. <br />Denver, Colorado 80230-6928 <br />(303) 692-3090 <br />it of the people of Colorado <br />MAY 10 2010 <br />http://www.cdphe.state.co.us <br />- ;z±:tiU71, <br />PAining and y <br />Op COO <br />ye"? 0 <br />* 1876 <br />Colorado Department <br />of Public Health <br />and Environment <br />To: David Berry, Office of Active and Inactive Mines, Division of Reclamation, Mining and Safety <br />CC: Gary Baughman, Director, Hazardous Materials and Waste Management Division <br />From: Steve Gunderson, Director, Water Quality Control Division <br />Date: 5/10/2010 <br />Re: Comments on Schwartzwalder Mine Environmental Protection Plan `/ <br />This memo consists of the comments from the Water Quality Control Division (WQCD) on the draft <br />Schwartzwalder Mine Environmental Protection Plan (EPP) that has been developed by the Cotter <br />Corporation (Cotter). The Division of Reclamation, Mining and Safety (DBMS) determined in 2008 that <br />the Schwartzwalder Mine in Jefferson County was a Designated Mining Operation (DMO) requiring an <br />EPP. The draft Schwartzwalder Mine EPP was submitted to DRMS from Cotter in August 2009 and <br />revised and resubmitted to DRMS on April 20, 2010. On April 26, 2010, DRMS requested that the <br />WQCD review and comment on the draft Schwartzwalder Mine EPP. <br />Surface Water Quality Standards <br />The water quality standards for Ralston Creek listed in Table 11-3 of the EPP are outdated. It lists the <br />water quality standards for Ralston Creek and Ralston Reservoir as of July 1, 2007. The Colorado Water <br />Quality Control Commission (WQCC) reviewed and updated the water quality standards applicable to <br />Ralston Creek (Clear Creek segment 17b) and Ralston Reservoir (Clear Creek segment 23) in June 2009, <br />with the standards becoming effective on January 1, 2010. <br />The EPP incorrectly identifies the applicable uranium standard as 40 pCi/1. The uranium standard of 40 <br />pCi/l no longer applies to Ralston Creek or Ralston Reservoir. {There is no record of the WQCC <br />removing the 40 pCi/l standard. The standard does not appear in the regulation after 2001.) The uranium <br />standard for Ralston Creek (segment 17b) and Ralston Reservoir (segment 23) is 30 ug/l. The 30 ug/1 <br />standard is explicitly stated in Regulation No. 38 at 38.5(3). Furthermore, the EPP incorrectly states that <br />the surface water uranium standard applies only at the water supply intake. In this instance, the uranium <br />water quality standard applies to the entire stream segment. <br />The EPP should be revised to include the current surface water quality standards with the implication that <br />the standards apply to the entire stream segment.