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Letter to Bryce Romig 2 AQril 6. 1998 <br /> of developed water resources has been achieved. A critical measure of pollutant source removal is <br /> reservoir water quality. <br /> Various methods for evaluation of reservoir water quality have been discussed by the Division and <br /> CMC over the past few years while the tailings removal project was underway. One evaluation method <br /> would be to analyze the quality of water flowing into and out of the reservoir and demonstrate that <br /> residence within the reservoir does not increase pollutant concentrations, thus demonstrating successful <br /> pollutant source removal. Another evaluation method, which is the method selected by CMC in the <br /> Eagle Park Reservoir Final Analytical Summary dated October 29, 1997, is to demonstrate that <br /> releases from Eagle Park Reservoir would not adversely impact the water quality of the Eagle River. <br /> Similarly, prevention of adverse impacts to a receiving stream is the essential goal of the Colorado <br /> Discharge Permit System administered by the Water Quality Control Commission. <br /> The Water Quality Control Commission, through the promulgation of regulations,has developed a <br /> system and procedures to evaluate whether water introduced into a stream, after mixing, results in <br /> impairment that would adversely affect beneficial uses of the stream. These procedures were <br /> ostensibly developed with a defensible and sound technical basis. It is incumbent upon the Division of <br /> Minerals and Geology and CMC to evaluate pollutant source removal in Eagle Park Reservoir by <br /> following established technical procedures that may include, but are not limited to,procedures from the <br /> regulations of the Water Quality Control Commission. In other words, other agency regulations are <br /> used as a source of procedural and technical guidance,but not as a source of regulatory authority to <br /> which the Division of Minerals and Geology has no jurisdiction. <br /> In its March 10, 1998 response letter, CMC states that releases from Eagle Park Reservoir will occur <br /> through the use of a water right. It is the Division's position that until a finding is made, either by the <br /> Division or by the Mined Land Reclamation Board,that the reclamation goal of developed water <br /> resources is achieved, the Eagle Park Reservoir will continue to be considered as a tailings pond in <br /> accordance with the Climax Mine reclamation permit. Any releases of water from tailings ponds fall <br /> under the jurisdiction of the Colorado Discharge Permit System and must meet the standards that apply <br /> under that system. It is also the Division's position that until CMC has demonstrated to the satisfaction <br /> of the Division or the Mined Land Reclamation Board that the tailings pond, as cleaned, will not <br /> contribute contaminants to the reservoir water in excess of levels that would impair intended uses, the <br /> structure remains a tailings pond, and the site cannot be released as a developed water resource. <br /> a. CMC has provided water quality data for the hardness of the East Fork of the Eagle River <br /> above and below the confluence of the North Interceptor Canal. These data indicate that the hardness <br /> in the stream is similar to the hardness in the Eagle Park Reservoir, thus validating the comparisons of <br /> reservoir water quality to water quality standards that are contained in the Eagle Park Reservoir Final <br /> Analytical Summary, and satisfactorily addressing the Division's concern listed under item 3.a in the <br /> letter dated January 9, 1998. <br /> b. It is stated in item 3.b of CMC's March 10, 1998 letter that the Division's request to use the <br /> potentially dissolved method instead of the dissolved method is outside the scope of the Division's <br />