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tart 1 Page No. 3 Permit No.: CO-0043648 PARTI A. TERMS AND CONDITIONS 1. Effluent Limitations Beginning no later than the effective date of this permit and lasting through September 30, 2001, the permittee is authorized to operate under the terms and conditions of this permit. Discharges are authorized only from the following specific points: OOIA,which is the discharge from the settling pond located dossvstream of the Valley Leach FaciGly, going to Arequa Gulch; 002A, which is the discharge from the settling pond located at the Crusher Area, going to the diversion canal which surrounds the Leach Facility;poiots 003A and 004A, which are discharges from settling ponds located in the Squaw Gulch drainage, and point OOSB, which represents precipitation related discharges from the Valley Leach Facility. In accordance with the Water Quality Control Commission Regulations for Effluent Limitations, Section 10.1.3, and Regulations for State Discharge Pernti[ System, Section 6.9.2, 5 C.C.R. 1002-2, the permitted discharge shall not contain effluent parameter concenVations which exceed the following limitations specified below or exceed the specked flow limitation. "No Dischar¢e" Limitation for the Valley Leach Facility Except as allowed under the exemptions described in the sections below, there shall be no discharge from the Valley Leach Facility, pursuant to federal eflluen[ regulations at 40 CFR, Part 440.104. This limitation does not apply to any discharge from [he various conduits that comprise the Leach Facility underdrain.. b. Annual Precipitation Exemption From "No Dischar¢e" Limitation - Dischazce Point OOSB Pursuant l0 40 CFR, Part 440.104, in the event that [he annual precipitation (measured as a 365-day moving average) falling on the Valley Leach Facility and the drainage area contributing surface runoff to the leaching facility exceeds the annual evaporation (also measured as a 365-day moving average), a volume of water equal [o the difference between annual precipitation falling on the facility and the drainage area contributing surface runoff to the facility and the 365-day moving average evaporation may be discharged subject to the limitations se[ forth in Table l .A-1 for point OOSB. Verbal not cation shall be given within 24 hours, and written notification shall be submitted to the Division within 5 days of any discharge from the Valley Leach Facility that would qualify for [his exemption. c. Storm Exemption From Federal Effluent Limitations -Discharge Point OOSB Pursuant to 40 CFR, Part 440.131, if, as a result of precipitation, the Valley Leach Facility has a discharge which violates limitations of 40 CFR Part 440 or water quality standard based limits, the dtschage may qualify for an exemption Gom such limitations if the following conditions are met: The facility is designed, constructed and maintained to contain the maximum volume of wastewater stored and contained by the facility during normal operating conditions without an increase in volume Gom precipitation and the maximum volume of wastewater resulting from a 10-year, 24-hour precipitation event. In computing the maximum volume of wastewater which would result Gom a 10-year, 24-hour precipitation event, the facility must include the volume which would result from all areas contributing runoff to the Valley Leach Facility (i.e., all runoff no[ diverted from the active mining area). For the purposes of this permit, the 10- year 24-hour rainfall depth has been determined to be 2.4 inches. ii) The permittee takes all reasonable steps to minimize the discharge. iii) All notification requirements of [he permit are complied with, including those listed below. The pertnittee has submitted btfotmation, both in comments to the Water Quality Control Division and to the State Division of Minerals and Geology, indicating Iha[ the facility is designed, constructed and will be maintained to contain the water volumes described above. '