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I - COLORADO DEPARTMENT OF PUBLIC IiEALTHAND ENVIRONMENT, Water Quality Control Division Rationale -Page 9, Permit No. CO-0000132 Plan. Appropriate portions of these other plans may be incorporated in the SWMP by reference, as long as a complete SWMP can be reproduced and submitted to the requesting agency within the time frame specified in the request. Those portions of the referenced documents must be included in the submittal. The SWMP must also 6e readily available to an on-site inspector. a. Comprehensive Facility Inspections: The permittee shall make a thorough inspection of their stormwater management system, at least twice per year (in the spring and fall). These inspections must be documented and summarized in the Annual Report (see Part LD.1.g of the permit). d. Annual Report: The permittee will be required to submit an Annual Report, covering January 1 through December 31 of each year, on the compliance with the SWMP. The Annual Report shall contain, at a minimum: a) A report on the facility's overall compliance with the SWMP, including a progress report on remedtation activities. bJ A summary ofal! comprehensive stormwater inspections made. c) Results and interpretation of any stormwater monitoring performed. The Annual Report will be due ro the Division on or before February 15 of the following year (see Part I.D.2.g of the permit). All reports required for submittal shall be signed and certified for accuracy by the perminee. (See Part " of the permit.) e. Criteria for Termination ofStormwater Permit Coverage Termination of this overall permit does not assure termination of the stormwater permitting requirements jot the Sanborn Creek Mine and Elk Creek Mine. When a site has been rec/aimed in accordance with the Colorado Division ojMinerals and Geology ("CDMG) requirements and the site has been released from State reclamation requirements, the operator ojthe facility may request termination of stormwater permitting requirements under this permit The requiremenu for termination are described in Pan LB.2.h of the permit. Continued coverage may be required after reclamation or remediation is complete if the Division has shown or has reason to suspect that the stormwater discharge contributes to a violation of a water quality standard. 4. Economic Reasonableness Evaluation: Section 25-8-503(8) ojthe revised (June 1985) Colorado Water pualtN Control Act required the Division to "determine whether or not any or all of the water quality standard based effluent limitations are reasonably related to the economic, environmental, public health and energy impacts to the public and affected persons, and are in furtherance of the policies set forth in sections 25-8-192 and ZS-8-104." The Colorado Discharge Permit Svstem Regulations. Regulation No. 61, further define this requirement under 61.11 and state: "Where economic, environmental, public health and energy impacts to the public and affected persons have been considered in the classiflcauons and standards setting process, permits wrtnen ro meet the standards may be presumed to have taken into consideration economic factors unless: a. Anew permit is issued where the discharge was not in existence at the time ofthe classification and standards rulemaking, or b. In the case of a conrinuing discharge, additional information orfactors have emerged that were nor anticipated or considered at the time of the classification and standards rulemaking." The evaluation for this permit shows that the Wafer Quality Control Commission, during their proceedings to adopt the Classifications and Numeric Standards for Gunnison and Lower Dolores River Basins considered economic reasonableness. Furthermore, this is not a new discharger and no new information has been presented regarding the classifications and standards. Therefore, the water quality standard-based effluent limitations of this permit are determined to be reasonably related to the economic, environmental, public health and energy impacts to the public and affected persons and are in furtherance of the policies set forth to Sections 25-8-I02 and 104. Ifthe permtttee disagrees with this frnding, pursuant to 6/.I I (b)(ii) of the Colorado Discharge Permit Svstem Regulations. the permittee should submit all pertinent information to the Division during the public notice period. Gast Revised: 3/!9/2004