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COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale - Page 3. Permit No. COR-OJOOOO III. STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY (cant.) The Division's regulations specify that for the purposes of stormwater discharge permits, construction aClZvlty includes clearing, grading and excavation activities except: operations that result in the disturbance of less than five acres of total land area which are not pan of a larger common plan of development or sale. A larger common plan of development or sale is a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. The federal exemption for construction activities that disturb less than five acres has been challenged in federal coun, and vacated in a 9th Circuit Coun of Appeals decision (1992 WLl!7156 (9th Cir.(Cal.)). The Division's regulations contain this exemption for sites disturbing less than five acres based on separate justification. However, construction activities which disturb less than five acres but still wishing to obtain coverage under this permit as a precaution may do so. B. TvtJes of Activities Covered This permit is intended to cover most new or existing discharges composed entirely of stormwater from construction activities that are required by State regulation to obtain a permit. This includes stormwater discharges associated areas that are dedicated to producing eanhen materials, such as soils, sand and gravel, for use at a single construction site. These areas may be located at the construction site or at some other location. This permit does not authorize the discharge of mine water or process water from such areas. This permit also includes stormwater discharges associated with dedicated asphalt plants and concrete plants located at the construction sites. C. TVtJes of Activities NOT Covered This permit does not cover stormwater discharged from construction sites that is mixed with stormwater from other types of industrial activities, or process water of any kind. Other types of industrial activities that require stormwater discharge permits pursuant to different sections of the regulations [5 CCR 1002-2 Section 6.4.2(5)(b)(l- ii,iv-xi) J, are not covered by this permit. This permit also does not cover the discharge of process water. If the construction activity encounters groundwater, a Construction Dewatering Discharge Permit (Permit Number COG-070000) must also be obtained in order to discharge this groundwater from the excavation site. An application for this permit can be obtained from the Division at the address listed in Pan !, section A.3 of the Permit. D. Exemvtions for Small Municivalities The Intennodal Surface Transponation Efficiency Act of 1991 (Section I068(c)) added an exemption to the stormwater regulations for municipalities with less than 100,000 population. The term "municipality" includes cities, towns, counties, special districts or any entity created by or pursuant 10 State law. SlOrmwater discharges associated with industrial activity (except for airports, steam electric power plants, or uncontrolled sanitary landfills), that are owned or operated by a small municipality are not required to apply for or obtain a stormwater permit at this time. (Note: This exemption does not apply to other, privately owned construction sites within the same small municipality.) These facilities are not pennanently exempted from the regulation, but are instead placed in Phase II of the stormwater program. The Division and EPA are not pursuing permits for Phase II facilities, including small municipalities, until funher rulemaking is completed. It is possible that coverage will be required at some future date.