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COLORADO DEPART7HENT OF PUBLIC HEALTH & ENVIRONMENT -Water Quality Control Division Rationale -Page 14 Permit No. COR-040000 VII. GRANGES AFTER PUBLIC NOTICE (com. I the optimum solution. At 40 perceru cover, the Division is relatively certain that the site will remain stable. However, the Division recognizes a5at 40 percenr cover may not be arJtieva6le in al! cases and has added the sentence: "The Division may, after consultation with the permittee and upon good cause being shown. revise the vegetative cover requirement or: a case-by-case basis. " Reeardine the definition of "Veeer'ative Cover": Vegetative cover will be defined to be "the aerial projection of all grasses, forts, mosses Qivirtg or dead) onto the ground. ' Reeardine the difficulty of the tasl'c_: In return for reclaiming and revegetating the site, the Division is willing to terminate permit coverage and release the owner/operator from NPDES liability. The Division must have some assurance that the sire will nmutin stable and will not relapse imo a water quality problem. 8. Exoloration activities The draft Rationale stated Char "Sines at which only exploration has been conduced are included in this exemption from mining stormwater permit requiremems.' One permittee objected ro this statement because Category (iii) of the s[ormwtuer regu/atioru (5 CCR 1002-2 § 6.4.2 (5) (c)) includes SIC major group 10 - Metal Mining. the explanation of this major group states "This major group includes establishments primarily engaged in mining, developing mutts, or !Drip for metallic minerals (ores)" (emphasis added). Resoonse: The Division has removed this sentence from the Rationale. Exploration activities which meet the exposure criteria will require a sutrmwater permit. 9. Reference to "Performance Bond" The draft permit and Rationale refer to the release of•the performance bond" by the Colorado Division of Minerals and Geology (CDMG) ar the trigger for the termination of stormwater permit coverage for mines with CDMG permits. One commentor objected ro the use of this term. Resoonse: The Division agrees that because of the complexity of bond release, in some instances this may be- confusing, The language in the pernrir and the Rationale has been revised to use the phrase "release from state reclamation requirements', which is the phrase used in the regulations. 10. SWMPs as public documents One commemor objected to the language in the permit which requires permiaees to make the SWMP available to any member of the public upor,~ request. This opens the permittee to umvarranted intrusion and potentially to imerference. This commemor asks that this requirement be removed. Resoonse: Secian 308(b) of the,federa/ Clean Water Act requires that al! reports (which includes SWMPs) shall be available to the public. The Division has modified the permit requirement to state that the permitrees must make the SWMP available to the public upon request, unless the SWMP is ors file with the Division. Perndrtees may voluntarily submi[ SWMPs to the Division ro avoid providing the documems directly to the public. Sarah Johnson Augur[ 7, 1996