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.~ -, _, ~I~ I~~I~~II~I~~~I~~ STATE OF COLOR~uU Roy Romer, Governor Patti Shwayder, Acting Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Building Denver, Colorado 80222-1530 4210 E. 11th Avenue Phone (303) 692-2000 Denver, Colorado 802 2 0-3 71 6 1303) 691-4700 1Vater Qualiry Control Division WQCD-PE-B2 (303)+692-3500 FAX (303)+782-0390 April 18, 1996 Robert Weaver O.C. Coal Mine 2054 County Road 730 Gunnison, CO 81320 RE: Permit Inactivation Request O.C. Coal Mine CDPS No. COG850029 Gunnison County Dear Mr. Weaver: .'/F CO~• Colorado Depanrttent of Public Health and Environment RF(~FII/FO r9PR 1 y 1996 DIvl91t7n of Mlnoruly d lat:DI09Y This letter responds to your permit inactivation request dated April 8, 1996. The Division cannot grant your request at this time. There is still one sedimentation pond at the site that has a potential point'source discharge to state waters. The Colorado Water Quality Control Act ("CWQCA") requires all point source discharges of pollutants to state waters to have a Colorado Discharge Permit System ("CDPS") permit. Unfortunately, the CWQCA has no provisions for permit inactivation prior to elimination of point sources, even under conditions such as yours. For this reason, your CDPS permit certification number COG-850029 must continue in effect until the pond is removed and no point sources remain. We recognize that your Colorado Mined Land Reclamation Board ("CMLRB") permit number C-80-002 has been revoked and bond has been forfeited and that the Colorado Division of Minerals and Geology ("CDMG") has taken over reclamation responsibilities. However, revocation of your CMLRB permit is not related to your CDPS permit obligations, these are two separate permits. You may remember that I indicated in our April 1, 1996, telephone call that you might be required to continue your CDPS permit even though the bond had been revoked. I mentioned that other permittees in similar situations have been required to keep their CDPS permit. After review of your file and discussions with David Berry of the CDMG, we have determined that the permit certification cannot be inactivated at this time because the point source exists. As long as [he pond remains, you need to maintain [he CDPS permit. When the pond is eliminated, you could reapply for inactivation. It appears that your obligations under the CDPS permit should be minimal. Other than payment of [he annual fee and submission of quarterly discharge monitoring reports ("DMR"), it appears that you will have little additional responsibilities. Mr. Berry stated [hat there is usually very little water in the pond and discharge is unlikely, so effluent monitoring would probably not be necessary. We do recommend inspection of the pond on a periodic basis to ensure that a discharge does not occur unnoticed.