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COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale — Page 22, Permit No. C00036251 than Bull Canyon side as are the mines themselves. Each requires a separate and distinct analysis. A revised WQA analysis, with public comment on such analysis, should be prepared that addresses three components: (1) JD -7 discharges into East Paradox Creek and Dolores River, (2) JD -9 discharges into Bull Canyon and Dolores River, and (3) cumulative impacts of these and other permitted and unpermitted uranium mines on each tributary and on Dolores River main stem. Because reliable water quality data is lacking to make a definite determination as to how any given water source compares to its intended uses, classifications and standards, no stream or stream segment was judged to be "Not Meeting" Standard, using the philosophy of being innocent until proven guilty. BLM's questionable 1999 "philosophy" aside, this lack of data raises substantial concern as to the ability of the WQCD to certify based on a competent record that water quality standards will be met in the affected stream segments. At minimum, the WQCD should require additional data from the applicant in order to ensure adequate information. The WQA does not include or analyze a significant source of data in the possession of the Colorado Department of Public Health and Environment — the studies provided as part of the proposed uranium mill, which is located within feet of the JD -7 mine. Much of the information concerns both the East Paradox Creek and Dolores mainstem stream segments and the groundwater which is hydrologically connected to these stream segments. Much of this information was produced by consulting firms to characterize East Paradox Creek and the Dolores River mainstem and is being used by the Radiation Management Unit of the CDPHE to analyze the proposed Pinon Ridge Uranium Mill, which would be constructed at the toe of the JD -7 mine. RESPONSE 8: Although the JD -7 and JD -9 mines discharge to different tributaries, they are both to stream segment COGULDO3a, meaning the Gunnison River Basin, Lower Dolores Sub - basin, Stream Segment 03a. As discussed in Comment and Response 5, the assigned WQBELs were the WQS, and the most stringent requirements were applied to these facilities. Due to the zero low flow condition of the receiving stream (no dilution was granted) the most stringent limits possible are developed in the WQA (the water quality standards themselves). Therefore the conclusion of the WQA would be the same regardless of any other data presented. This is due to the mass balance equation, where if there is a zero low flow, the ambient water quality times that zero low flow results in a zero, essentially eliminating consideration of the ambient water quality. Additional data from the applicant is not necessary at this time. All the necessary information needed to correctly complete the WQA, Fact Sheet, and Permit for. the JD -7 and JD -9 mines discharges were utilized by the Division. Additional information, unpermitted discharges, and proposed discharges will not change the limitations and conditions of the permit. COMMENT 9: Domestic Water Supply In addition to the agricultural uses, drinking water wells are located between JD -7 and the Dolores River. RESPONSE 9: Stream segment COGULDO3a is classified for aquatic life, recreation and agriculture, but not for water supply. The stream segment for the Dolores River, COGULD02, is also not classified for water supply. If there are active wells being used for water supplies downgradient of the mine, protection of these wells would be under the jurisdiction of the DRMS as the implementing agency for groundwater protection. COMMENT 10: Several of the metals found in groundwater near the mines are not evaluated in the WQA assessment, which limited its metals analysis to: "arsenic, cadmium, chromium, copper, iron, lead, manganese, mercury, nickel,