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Sandra Brown <br />March 7, 2012 Page 10 <br />expression of the same warm groundwater seepage evident within the eastern half of the <br />extensional head scarp trough, directly up slope from the spring. Previous investigators did not <br />observe these warm vapors and seep areas in the scarp trough directly up slope from the spring, <br />so there was no evidence then to link the spring with a potential groundwater source at the base <br />of the slide." He discovered strong evidence that some portion of the seep was groundwater <br />presumably discharging from the C -Seam subcrop above the seep location. The present day seep <br />is lower at about the elevation of the Edwards Mine portal but approximately twenty feet to the <br />west. There is likely some component of B -Seam mine inflow water discharging at the <br />subcrop /outcrop due to the gradient being to the north towards the river. The Mesa Verde <br />Formation is known to have stratigraphic units with very low transmissivity, so you would <br />expect a small amount of inflow mine workings. It is also possible that the Edwards Mine B- <br />Seam portals have failed to some degree due to the landslide activity potentially contributing <br />discharge to the seep area as well. The Edwards Mine portals were "Pre -Law" so reclamation <br />liability is not relevant and as such, if Edwards Mine is the sole source for the water then <br />ownership of the water also remains irrelevant and inconclusive. I conclude that the primary <br />source of the seep is groundwater discharge with some component of mine water discharging <br />from the B -Seam and C -Seam subcrop. <br />With regard to the heat source the Division has concluded that there is not substantial evidence to <br />conclude that a mine fire associated with the Bear or Edwards workings is the source for the heat <br />exhibited by the warm spring. Based on our investigation by members of our Inactive Mines <br />Reclamation Program, the underlying fire does not seem to be large or intensive enough to <br />provide sufficient heat to significantly raise the temperature of nearby groundwater. It is <br />possible that heating of groundwater results from subsurface geothermal activity potentially <br />related to the Tertiary intrusive rocks of the nearby West Elk Mountains. It is interesting to note <br />that the nearby West Elk Mine encountered warm fault - related water of a similar temperature <br />while mining in the B -Seam to the east of the Bear Mine. There are also documented hot springs <br />that exist in the region and there are other seeps and springs along the bedrock outcrops in the <br />North Fork of the Gunnison River valley. All of this evidence leads me to conclude that the <br />source of the elevated temperatures in the warm spring are more likely the a result of geothermal <br />heating. <br />Based on the testing performed by the Division and BCC, it is safe to conclude that the water <br />discharging from the hillside seep above the Bear No. 3 Mine is benign. None of the CDPS <br />permit limits are exceeded even prior to treatment in the pond. If the water were discharged to <br />the river directly then the applicable standards would be the Colorado Department of Public <br />Health and Environment Water Quality Control Commission (WQCC) Regulation No. 35 — <br />Classification and Numeric Standards for Gunnison and Lower Dolores River Basins. It was <br />determined that the appropriate stream segment is segment 2 — Mainstream of North Fork of the <br />Gunnison River from the confluence of Muddy Creek and Coal Creek to the Black Bridge. The <br />numeric in- stream standard for total recoverable iron is 1000 ug/1. As seen from the mass <br />balance equation described above the impact that seep would have on the river with regard to <br />iron concentration is minimal. This does not even take into account mixing and dilution. It has <br />been previously determined that the ratio of flow of the North Fork of the Gunnison River to the <br />Mountain Coal and Bear Coal WWTF's combined designated flows ... is more than 150:1 at low <br />