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PauTI
<br />Page No. 15
<br />. Permit No.: CO-0000221
<br />48 hours afer pond inflow has stopped. In addition, to waive settleable solids limitations, it is necessary to prove that
<br />discharge occurred within 48 hours after pond inflow volume greater than the ] 0-year, 24-hour event has stopped.
<br />b. For roost-mining outfalls: For rainfall, to waive settleable solids limitations, it is necessary to prove that discharge
<br />oecurzed within 48 hours after measurable precipitation has stopped. For snowmelt, to waive settleable solids limitations,
<br />it is necessary to prove that discharge occurred within 48 hours after pond inflow has stopped.
<br />Should a precipitation event or snowmelt occur, the petmittee 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 />aiiachment to the Discharge Monitoring Report (DMR) for the appropriate period. The Division shall determine the
<br />adequacy of proof. As part of this determination, the Division shall evaluate whether the permtttee could have controlled the
<br />discharge in such a manner that primary limitations could have been me[. All manual dewatering of ponds that are equipped
<br />with automatic dewatering systems must meet TSS and total iron limitations. If a pond has only mama( dewatering
<br />capability, relief is available only to [he extent required to regain necessary stability and capacity.
<br />4. 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 remmed to the required contour and revegetation has commenced, applicable discharges may
<br />be eligible for post-mining limitations. In most cases, these post-mining limitations shall remain in effect until bond release.
<br />The permittee shall notify [he 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 regardless of actual mine status.
<br />5. Compliance Schedules
<br />No later than ]4 calendar days following each date identified in the following schedules of compliance, the permtttee shall
<br />submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of
<br />compliance or noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement.
<br />a. Sediment Control Plan - In accordance with 40 CFR Part 434.82, the perminee must submit asite-specific Sediment
<br />Control Plan to [he permitting authority [hat is designed to prevent an increase in the average annual sediment yield from
<br />pre-mined, undisturbed conditions, from tha following areas: reclamation areas; bmshing and grubbing areas; topsoil
<br />stockpiling areas and; regarded areas. For this facility, Outfalls 009A and O15A are required to have a Sediment Control
<br />Plan. The Sediment Control Plan must be approved by the permitting authority and be incorporated into the permit as an
<br />effluent limitation. The Sediment Control Plan must identify best management practices (BMPs) and also must describe
<br />design specifications, construction specifications, maintenance schedules, criteria for inspection, as well as expected
<br />perfornrance and longevity of the best management practices. Using watershed models, the operator must demonstrate
<br />that implementation of the Sediment Control Plan will result in average annual sediment yields that will not be greater
<br />than the sediment yield levels from pre-mined, undisturbed conditions. The operator must use the same watershed model
<br />that was, or will be, used to acquire [he SMCRA permit. The operator must design, implement, and maintain BMPs in
<br />the manner specified in the Sediment Control Plan,
<br />The petmiitee is required to submit the Sediment Control Plan for approval, for Outfatls 009A and O15A, including
<br />documentation of the sediment yield from pre-mining, undisturbed conditions by December 1, 2007.
<br />b. Materials Containment Plan -The permittee has previously submitted an engineered spill plan. An update to the plan
<br />is required to be filed by Febntary 1, 2007, detailing all changes that have occurred since the original submittal. If no
<br />changes have occurzed, a letter to [his effect is required. For specific requirements, refer to Part LD.1. of the permit.
<br />a. T'ota[ Recoverable Iron Final Limitations for Ontfalis 002. 003. 005. 006. 010.011 and 016: The compliance
<br />• schedule for total recoverable iron is granted for the permittee to present information to the Water Quality Control
<br />Conunission (WQCC) on the ambient water quality of the receiving streams, in the attempt to obtain asite-specific
<br />standard or temporary modification, based upon [he 85'" percentile of the ambient water quality data being higher than the
<br />standard.
<br />i. The pennittee must, by December 31, 2007, submit a progress report sununarizing the efforts undertaken by the
<br />perniittee for a site specific limitation for total recoverable iron, in regards tp the WQCC hearing for the Upper
<br />Colorado River Basin.
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