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COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Wafer Quality Control Division Amendment No. / -Rationale. Page 6, Permit No. CO-0032638 VI/. PUBLIC NOTICE COMMENTS The permittee submitted comments. They pointed out that the ditch used as receiving water was misnamed in the amendment. The Division called it "Knoll Ditch "; in jact, it is "Kol1 Ditch ". Appropriate changes will be made throughout. When the amendment was drafted, the Division understood that the KoII Ditch would not be used to transport irrigation flow Jor a few years. However, in order to preserve their water rights, the permittee may begin moving irrigation down the ditch in the near frttttre, they have repaired the headgate. To facilitate this use while retaining the discharge scenario proposed in this amendment, the permittee agreed to cut ojf irrigation flow in the ditch at least 24 hours prior to effluent monitoring. This would allow them to monitor the new outfal! 007 without any dilution. This is acceptable to the Division. The rationale and permit have been modified appropriately. The permit contains chronic whole effluent tonicity (WE7) limitations and testing requirements that were carried over from the renewal issued in April, 1994. However, due to the new frow scenario where the permittee is required to maintain a minimum ratio of upstream Jlow to effluent frow of 10:1, the IWC will always be 9.l or less. On this basis, acute WET limitations and testing apply. All chronic WET language, including the WET chronic lethality limitation, have been deleted and replaced with the acute limitation and testing requirements. The permittee requested that Pan I.B.3. Special Monitorinz -One Time Analysis be deleted from the permit since this monitoring was completed in April, 1994. This section is being deleted. This results in Acute WET Testing - Outfalls 004 and 007 being moved up to Part I.B.3. Part I.A.S. Compliance Schedule - Salinirv Report has also been completed. The Division is deleting this section also. The defrnition jot 'chronic lethality" has been deleted since it is no longer applicable, and the definition jot "acute tonicity' has been added. ADJUD/CATION RESOLUT/ON: !n response to the permittee's Notice ojAppeal and Request jot Stay dated March l8, 1994, the Division and the permittee have worked to resolve all points oJconflict regarding the CDPS being amended by this action and both concur that issuance ojthis amendment will resolve a[1 concerns addressed in the Notice ojAppeal and Request jot Stay. The Division has written a letter to the permittee dated Apri13, 1996, that confirnts this resolution. Upon the effective date of this permit amendment, all effluent limitations and other conditions specified in the amendment shall become effective. Jon C. Kubic March 19, 1996