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'~ <br />COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division <br />Rationale, Page 7 Permit No. CO-0026981 <br />CHANGES TO PERMIT AND RATIONALE FOLLOWING PUBLIC NOTICE: <br />The Division received a comment letter dated January 6, 1989 from Jerry W. <br />Raisch of Vranesh and Raisch Attorneys at Law on behalf of Chipeta Mining <br />Corporation. This comment letter stated that the terms and conditions and <br />monitoring requirements of the amendment are in accord with the discussions <br />and agreements between the Division and representatives of Chipeta Mining <br />Corporation. One comment was made in this letter regarding the paragraph on <br />page 6 of the rationale that discussed the future applicable dissolved and <br />hardness-dependent equation derived standards for metals. This comment is <br />repeated as follows: "we presume that the statement in the Rationale is not <br />meant to preclude consideration and establishment of water quality standards <br />based on the ambient quality alternative pursuant to Part 3.1.7 (1)(b) of the <br />Basic Standards and Methodologies for Surface Water." This presumption is <br />correct in that ambient standards would not be precluded from consideration by <br />the Dlvision and the Commission; however, for upcoming segment ambient <br />standards determinations, dissolved metals would need to be considered. <br />One comment in a letter dated December 29, 1988 from EPA was also received <br />during the public notice period. This comment is included below: <br />"There are no WET requirements (for biomonitoring) in this permit. If <br />this facility remains on the 304(1) list, it will need to have its permit <br />reopened to contain WET requirements. We have some concern that the zinc <br />limitation in this permit (based on water quality standards) is not <br />stringent enough to allow the discharge to pass WET testing." <br />Presently, the 304(1) list for biomonitoring is being finalized by the <br />Division. If Chipeta Mining Corporation remains on this list, then this <br />permit will be reopened in a later amendment to include the biomonitoring <br />requirements. <br />Thus, no changes have been made to this amendment (Amendment No. 1) since <br />public notice. <br />Don Holmer <br />January 9, 1989 <br />