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r <br />January 18, 2018 <br />Page 4 <br />COLLOM TEMPORARY SPOIL PILE (NOT INCLUDING TOPSOIL REMOVAL, <br />SEDIMENT POND DEVELOPMENT OR ACCESS/HAUL ROAD DEVELOPMENT) <br />CAN OCCUR. <br />The reasoning for the language being proposed in Stipulation 23 is under the Clean Water <br />Act, Colorado Water Quality Control Act, and federal and state regulations; a mine <br />process water discharge permit for stormwater runoff from mining operations is not <br />required unless the stormwater comes into contact with overburden, byproduct, or waste <br />products. <br />Stormwater discharges are regulated for construction activities. For construction <br />stormwater, any disturbance of more than one acre requires a permit and a plan to control <br />sediment and minimize erosion through the use of control measures or best management <br />practices. Colowyo has already obtained a construction stormwater permit (Certification <br />#COR03L802) for construction activities at Collom. <br />Colorado regulations do not require a discharge permit for stormwater from mine -related <br />activities until stormwater comes into contact with overburden or other specified <br />materials. The Colorado Discharge Permit Regulations (Regulation 61, 5 CCR 1002-61), <br />Section 61.3(2)(c), say: <br />The [Water Quality Control] Division may not require a permit for <br />discharges of stormwater runoff from mining operations or oil and <br />gas exploration, production, processing or treatment operations or <br />transmission facilities, composed entirely offlows which are from <br />conveyances or systems of conveyances (including but not limited <br />to pipes, conduits, ditches, and channels) used for collecting and <br />conveying precipitation runoff and which are not contaminated by <br />contact with or that have not come into contact with, any <br />overburden, raw material, intermediate products, finished product, <br />byproduct or waste products located on the site of such operations. <br />Therefore, the WQCD cannot require a process water permit for stormwater runoff from <br />mining operations at the Collom Pit until stormwater comes into contact with overburden. <br />Colowyo will be conducting construction -related earth -disturbing activities covered <br />under its current construction stormwater permit until mining commences. <br />WQCD has told Colowyo that, in 2018, they plan to combine industrial stormwater and <br />wastewater discharges in one individual discharge permit for coal mines. Colowyo's <br />individual discharge permit (CDPS #CO -0045161) will be revised to incorporate active <br />mining areas (including overburden removal and stockpiling) and industrial stormwater <br />runoff at the Collom mine expansion and the existing mining areas. Stipulation 23 will be <br />met prior to commencement of stockpiling of overburden in the temporary spoil pile, <br />which is anticipated to occur later in 2018. <br />AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER <br />A Touchstone EneWCooperative � <br />