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PARTI <br />Page No. 6 <br />Permit No.: CO-0032115 <br />Should a precipitation event or snowmelt occur, the permittee shall submit adequate proof in order for an exemption to be <br />claimed Weather station data maybe appropriate in making this demonstration. Said proof shall be submitted as an <br />attachment to the Discharge Monitoring Report (DMR) for the appropriate period. The Division shall detemtine the <br />adequacy of proof. As part of this determination, the Division shall evaluate whether the permittee could have controlled the <br />dschazge in such a manner that primary limitations could have been met. All manual dewatering of ponds that aze equipped <br />with automatic dewatering systems must meet TSS and total iron limitations. If a pond has only manual dewatering <br />capability, relief is available only to the extent required to regain necessary stability and capacity. <br />3. Post-Mining Areas <br />In conformance with 40 CFR 434.50, commencing at the time active mining has ceased and all surface areas served by a <br />sedimentation pond have been returned to the required contour and revegetation has commenced, applicable dischazges may <br />be eligtble for post-miwng limitations. Inmost cases, these post-mining limitations shall remain in effect until bond release. <br />The permittee shall notify the Division at the appropriate time so that consideration of permit modifications can be made. <br />Prior to notification and subsequent permit modification, active mining limitations will apply regazdless of actual mine status. <br />4. Compliance Schedules <br />a. Twelve Time Analysis - Outfalls 011, 017, 019, 020, 021, 023: The permittee shall complete a twelve time analysis as <br />described in Part I.B.3. Twelve consecutive monthly gmb samples shall be collected at Outfalls 011, 017, 019, 020, <br />021, 023 and analyzed with all results being submitted at the end of the sampling period. A summary report in the form <br />of a letter shall be submitted to the Permits Unit by Segterober 30, 2005. The permittee may attach the laboratory results <br />if they choose. This report shall include all sample results collected over the twelve month period. If sampling is <br />incomplete, this shall be noted in the report. If sampling has not yet been completed by this date, this twelve time analysis <br />requirement shall continue until twelve samples have been collected and analyzed and the results submitted to the Permits <br />Unit. <br />5. Acute WET Testine - Outtalls 011, 017, 019, 020, 021, 023 <br />a. Testine and Regortine Requirements <br />Tests shall be done at the frequency listed in Part I.B.1. and is only required if mine water is being discharged. Test <br />results shall be reported along with the Dischazge Monitoring Report (DMR) submitted for the reporting period during <br />which the sample was taken. (i.e., WET testing results for the first calendar quarter ending March 31 shall be reported <br />with the DMR due Apri128.) The results shall be submitted on the Acute Toxicity Tesi report form, available from the <br />Division. Copies of these reports are to be submitted to the Division along with the DMR <br />The permittee shall conduct an acute 48-hour WET test using Ceriodaphnia sp., and an acute 96-hour WET test using <br />fathead minnows, as specified in Part I.B.1. Acute tests will be replacement static tests of a single effluent grab sample. <br />The permittee shall conduct each acute WET test in general accordance with methods described in Methods for <br />Measuring the Acute Toxicity of E,{jluents and Receiving Waters to Freshwater and Marine Organisms, EPA/600/4 <br />90/027 or the most current edition, except as modified by the most current Division guidance document entitled <br />Guidelines for Conducting Whole EjJluent Toxicity Tests. <br />b. Failure of Test and Division Notification <br />An acute WET test is failed whenever the LCD, which represents an estimate of the eflluent concentration which is lethal <br />to 50% of the test organisms in the time period prescribed by the test, is found to be less than or equal to 100% effluent <br />The pemtittee must provide written notification of the failure of a WET test to the Division, along with a statemem as to <br />whether the Preliminary Toxicity Incident ("PTI")/Toxicity Identification Evaluation ("TIE") investigation or accelerated <br />testing is being performed (see next section). Notification must be received by the Division within 14 calendar days <br />of the demonstration of acute WET in the routine required test. "Demonstration" for the purposes of subparts b, c., <br />d. and f. means no later than the last day of the laboratory test. <br />c. Automatic Compliance Schedule Unon Failure of Test <br />If a routine acute WET test is failed, the following automatic compliance schedule shall apply. As part of this the <br />permittee shall either: <br />i. proceed to conduct the PTI/TIE investigation as described in subpart d., or <br />ii. conduct accelerated testing using [he single species found to be more sensitive. <br />