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Colowyo has proposed alternate language to address WQCD's concern with mixed discharges. When a precipitation event rg eater than the 10-year, 24-hour event occurs or snowmelt of the equivalent volume is entering the pond, Colowyo is eligible to waive TSS, total iron, and SS limitations and use the Altemate Limitations found in Part I,A.I.a. and b. for the dischazge. This applies within 48 hours afrer a precipitation event has stopped or 48 hours afrer pond inflow has stopped. The caveat with Part I,A.I.b concerning Outfalls 0026, 0046, 0076, 0086, 0096, and 0106 currently requires the majority of the dischazge to consist of surface runoff, and as may be modified in response to Colowyo's comments. Refer to the Burden of Proof Requirements found on Page 5, Part I, A.2.b. The two Burden of Proof requirements found in drafr Permit No. CO-0045161 aze, for all purposes, identical to the requirements of Colowyo' s current General Permit No. COG-850017, Part I, B.l.d. Assuming the dischazge was sampled within 48 hours after measurable precipitation has stopped or afrer inflow from snowmelt has stopped, the entire dischazge would be entitled to the Altemate Limitations for precipitation events less than the 10-yeaz, 24-hour event. 6. Colowyo agrees with the CDMGs' statement that "No pond, therefore, should need to be dewatered for the purposes of regaining stability under normal operating conditions, as no pond should lose any stability under normal operating conditions." In fact, in Colowyo's formal Comments on the Draft CDPES Permit and Rationale letter dated September 30, 1997 to the WQCD, which aze part of the Public Record, Colowyo suggested changes deleting any reference to pond stability; pond capacity being the critical component. Colowyo suggested the following language for page 10 of the permit Rationale, beginning with the third sentence of this pazagraph: "On this basis, relief shall be granted only when necessary. The permittee should endeavor to meet the primary limitations whenever possible.... If a pond has only manual dewatering capability, relief is available only to the extent required to regain the necessary 10-yeaz, 24-hour event capacity...." Colowyo suggested the following language changes for page S of the Permit Document: Part I,A.2., the last pazagraph in this section should be revised to delete the last two sentences and replace them with the following: