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i <br />r� <br />at most of them should be considered as meeting the "minimal <br />individual and cumulative environmental impacts" determination. <br />Generally, Section 404 should not be counted on as a means of <br />regulating the use of unique or particularly important peatland <br />sites, especially in Colorado where the majority of these are <br />small and fall within the jurisdiction of a N26 permit. <br />At the State level, water quality standards, and beneficial <br />use classifications as required under Section 401 of the Clean <br />Water Act, regulate discharges to the waters of the state by <br />point source dischargers. The Colorado Department of Health has <br />primary authority, through the Water Quality Control Commission <br />and its Division, for certifying that the requirements of the <br />Colorado Water Quality Control Act (C.R.S 25 -8 -101, 1973) are <br />being met. Peat extraction operations that discharge drainage <br />waters to surface waters have the potential to violate water <br />quality standards. In the case where a direct discharge occurs, <br />such as from a sediment pond outflow, an NPDES permit is <br />required. Unless there is a point source discharge, no NPDES <br />permit would be required. In the absence of a specific <br />designation as mining or the adoption of a wetlands regulation, <br />the Water Quality Control Act is probably the only state law that <br />would apply to peat extraction. At present, the state has no <br />direct control over the extraction of peat from, or use of, <br />wetland areas. <br />At the County level, zoning laws may require a special use <br />permit for peat extraction operations in the same manner that <br />63 <br />