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rart I Page No. 3 Permit No.'. CO-0043648 PARTI A. TERMS AND CONDITIONS I. 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 downstream of the Valley Leach Facility, going to Arequa Gulch; 002A, which is the discharge from the settling pond located a[ the Crusher Area, going to the diversion canal which surrounds the Leach Facility;points 003A and 004A, which arc discharges from settliog ponds located in [he 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 Permit System, Section 6.9.2, 5 C.C.R. 1002-2, the permitted discharge shall not contain effluent parameter concentrations which exceed the following limitations specified below or exceed the specified flow limitation. "No Discharee" Limitation for the Vallev Leach Facili[v Except as allowed under the exemptions described in the sections below, there shall be no discharge Gom the Valley Leach Facility, pursuant [o federal effluent regulations at 40 CFR, Part 440.104. This limitation does no[ apply to any discharge from the various conduits that comprise the Leach Facility underdrain.. b. Annual Precipitation Exemption From "No Discharee" Limitation -Discharee Point OOSB Pursuant to 40 CFR, Pari 440.104, in the event that the 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 to 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 dischazged subject to [he limitations se[ forth in Table I.A-I for point OOSH. Verbal notification shall be given within 24 hours, and written notification shall be submitted to the Division within S days of any discharge from the Valley Leach Facility that would qualify for this exemption. 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 discharge may qualify for an exemption from 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 from precipitation and the maximum volume of wastewater resulting from a 10-yeaz, 24-hour precipitation event. In computing the maximum volume of wastewater which would result from a 10-year, 24-hour precipitation event, the facility must include [he volume which would result from all areas contributing runoff [o the Valley Leach Facility (i.e., all runoff not 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 minimise the discharge. iii) All notification requirements of the permit are complied with, including those listed below. The permittee has submitted information, both in comments to the Water Quality Control Division and to the State Division of Minerals and Geology, Indicating that the facility is designed, constructed and will be maintained to contain the water volumes described above.