2001-12-11_PERMIT FILE - C1981014A (3)

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COLORADO DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT -Water Qualiry Control Division Rationale -Page 5 Permit No. COR-P40000 ry. STORMWATER DISCHARGES ASSOCIATED WITH MINING OPERATIONS (cont.) • D. Exemotion for Pre-ooerational Mines Pre-operational mining sites are not required to obtain stormwater mining permits. The definitions of active and inactive mining sites do not include sites where mining claims are being maintained prior to any disturbances associated with the extraction, beneficiation, or processing of mined materials, nor sites where minimal activities are undertakers for the sole purpose of maintaining a mining claim. Construction stormwater permit requirements apply if more than five acres of [and are disturbed, including clearing, grading and excavation (see CDPS General Permit camber COR-030000). However, as clarification, claims on land where there has been past extraction, benefidation, or processing of mining material, bur there is cunentty no active mining, are considered inactive sites and are subject to stormwater regulations. E. Eremotion for Uncontaminated Stormwater The Division does not require a permit for discharges of storniwater that do not contact any overburden, raw material, imermediate products, byproducts, finished products or waste products located at the mining operation. Only stormwtuer discharges that comes into contact with any overburden, raw material, intermediate produus, byproducts, finished produus or waste products located to the mining operation must be included in the permit. F. Exemotton~or Reclaimed Mines Mines that have met certain reclamation conditions are not required to obtain a stormwater discharge permit. Coal mining operations which no longer meet the definition of a reclamation area under 40 CFR 434. ] l (1) because the performance bond issued to the jaci[iry by the appropriate SMCRA authority has been released are not required to • obtain stormwater discharge permits. Non-coal mitring operations which have been released from applicable state or Federal reclamation requirements after December 17, 1990 are also not required to obtain stormwater discharge permits. The Division may designate such reclaimed sites as requiring a stormwater permit if the discharge is a significant contributor of pollutants to waters of the State. G. Eremation (or Small Munccialities The Intermadal Surface Transportation Efficiency Au of 199J has resulted in some modifications ro the stormwater regulations. Seuion J068(c) of the Transportation Au has added an exemption to the stormwtuer regulations for municipalities with less than 100,000 population. The term "municipality" includes dries towns, counties, special districts or any entity created by or pursuant to State law. Stormwater discharges assodtued 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 at this time. V. APPLICATION AND CERTIFICAT/ON Certifcarion under the permit requires submittal of an application. Upon receipt of a[! required information, the Division may allow or disallow coverage under the general permit. See Parts I.A.3 and I.A.4 of the permit for an outline of the application requirements and applicable time frames. At least thirty days prior to the antidpated date of discharge, the owrser (or operator when the owner does not 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 NOI. For internal consistency with its current program, the Division will continue to use the term "application. ") !f this genera[ permit is applicable, then a certification will be developed and the applicant will be certified under this general permit. •