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<br /> <br /> 21 <br />removed from the ponds and disposed of at an approved disposal facility. Since <br />there will be no discharges to Reed Wash from the sediment ponds, CAM chose <br />to withdraw the Colorado Discharge Permit System (CDPS) Industrial <br />Discharge Permit application following discussions with the Water Quality <br />Control Division. CAM has been issued a CDPS General Permit for Stormwater <br />Discharges Associated with Light Industrial Activity and this is adequate to <br />cover all storm water related discharges during operations. This permit has been <br />included in the PAP in Exhibit 13 Other Permits. CAM will still have to apply <br />for a separate NPDES stormwater discharge permit for construction activities at <br />some future date (e-mail sent to the Division dated January 4, 2012 during <br />review of the original DRMS permit application). Obtaining this additional <br />Stormwater permit was made a condition of approval of the original permit <br />(Stipulation No. 1). At the time of this RN-1 Findings document, CAM has not <br />acquired the NPDES Stormwater discharge permit for construction activities. <br />Therefore, the requirement under Stipulation No. 1 to obtain this additional <br />Stormwater permit will be carried over from the original permit onto the RN-1 <br />permit. The Annual Hydrology Report will be submitted each year by April <br />30th. <br /> <br /> H. Transfer of Wells <br /> <br />No specific approval granted. <br /> <br /> I. Discharge of Water into an Underground Mine <br /> <br />No mining, underground or otherwise, is approved to be conducted at the Loadout. <br />There will further be no discharge of water from the Loadout into an underground <br />mine. <br /> <br /> J. Stream Buffer Zones <br /> <br />The Division proposes to re-approve the Loadout’s operations within 100 feet of a <br />perennial stream. This decision is based on a finding that the water quality and <br />quantity in two nearly perennial streams, Reed Wash and the Loma Drain, will not be <br />adversely affected. The buffer zone variance is granted for several areas along Reed <br />Wash and the Loma Drain (4.05.18(1)). <br /> <br />The discussion of stream buffer zones is located in Section 2.05.3(4)(d) of the permit <br />application. Six sections of the proposed railroad loop will be located within 100 feet <br />of Reed Wash, and one section of the loop will be located within 100 feet of the Loma <br />Drain. The stream buffer zones of Reed Wash and Loma Drain will be protected with <br />best management practices during construction of the rail loop and of the bridge that <br />will span Reed Wash. The Reed Wash stream buffer zones will be protected during <br />operations with the use of silt fencing and a sediment pond. Furthermore, the loading <br />of the coal railcars will be done by a batch weigh system in an enclosed building, <br />which will protect Reed Wash from coal spillage. The Loma Drain stream buffer zone <br />will be protected by silt fencing and a berm.