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COLORADO DEPARTMENT' OF PUBLIC HEALTH & ENVIRONMENT' -Water Quality Control Division Rationale -Page 5 Permit No. COR-040000 IV. STORMWATER DISCHARGES ASSOCIATED W/TH MINING OPERATIONS (cont.) D. Eremotion for Pre-onernlional Mines Pre-operational mining sites are not required to obtain stormwater mining permits. The definitions ojactive and inactive mining sites do rear include sites where mining claims are being maimained prior to any disturbances associated with the eurac[ion, beneficiation, or processing of mined materials, nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim. Construction stormwater permit requirements apply if more than five apes of land are disturbed, including clearing, grading and excavation (see CDPS Genera! Permit camber COR-030'00'0). However, as clarification, claims on land where there has been past extraction, 6rnefidation, or processing of mining material, but there is curremly no active mining, are considered inactive sites and are subject to stormwtuer regulations. E. Eremation for Uncontaminated Stormwater The Division does wt require a permit for discharges of stormwater that do not contact any overburden, raw material, imermediate products, byproducts, finished products or waste products located at the mining operation. Only stormwater discharges that comes into comact with any overburden, raw material, intermediate products, byproducts, finished products or waste products located at the mining operation must be included in the permit. F. E=emntion for Reclaimed Mines Mines that have met certain reclarwrion conditions are not required to obtain a stormwater discharge permit. Coal mining operations which no longer meet the definirion of a reclamation area under 40 CFR 434.11(1) because the performance bond issued to the facility by the appropriate SMCRA authority has been released are not required to obtain stormwater discharge permits. Non-coal mining operations which have been released from applicable state or Federal reclamation requiremrnts after December 17, 1990 are also not required to obtain stormwater discharge permits. The Division may designate such reclaimed sites as requiring a storntwater permit ijthe discharge is a significam contributor of pollutants to waters of the State. G. Eremation for Small Municioalities The Imermoda! Surface Transportation Efficirnry Act of 1991 has resulted in some modifications to the stormwater regulations. Section ]068(c) of the Transponation Act has added an exemption to the stormwater regulations for municipalities with less than 100,000 population. The term "municipality" includes cities towns, counties, speda[ districts or any entity created by or pursuam to State law. Stormwater discharges associated with mining or remediation activities, that are owned or operated by a small municipality are not required to apply for or obtain a stormwater permit to this time. V. APPLICATION AND CERTIFICATION Certification under the permit requires submittal of an application. Upon receipt of a[I required information, the Division may allow or disallow coverage under the general permit. See Pans /.A.3 and I.A.4 of the permit for an outline of the application requiremems and applicable time frames. At least thirty days prior ro the amicipated date of discharge, the owner (or operator when the owner does nor operate the facility) of the mining or remediation operation shall submit an application to the Division. (Note: Under the Federal regulations, this is refereed to as a Notice of Intent, or NOT. For internal consistency with its current program, the Division will cominue to use the term "application. ") /f this general permit is applicable, then a certification will be developed and the applicant will be terrified under this general permit.