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Permit No. CO-0032638 <br />Page 5 <br />appropriate period. The permttee should endeavor [o meet the primary limitations whenever possible. Relief maybe granted <br />for each discharge occurrence only when necessary and shall not be granted when the permiee has control over the <br />discharge. The permittee will need to show that exceedance of the applicable limitations was caused by precipitation and no <br />other source and that the discharge was beyond their control. <br />The Division shall determine the adequacy of proof. As part of this detemrutation, the Division shall evaluate whether the <br />pemuttee could have controlled the discharge in such a manner that primary limitations could have been met. The permttee <br />needs to demonstrate that surface mnoff caused the exceedance of primary limitations. Additionally, the pemuttee shall <br />certify that the pond system was properly designed, operated and maintained prior to and during the dischazge. Manual <br />dewatering of ponds that have no automatic dewatering devices must occur within 48 hours after event end as described in the <br />above pazagraphs to be eligible. All manual dewatering that occurs after 48 hours shall meet settleable solids limitations as <br />applicable. <br />3. Compliance Schedules <br />All information and written reports required by the following compliance schedules should be directed to the Permits Unit for <br />fmal review unless otherwise stated. <br />a. Sediment Control Plan <br />In accordance with 40 CFR Part 434.82, the permttee must submit aaite-specific Sediment Control Plan to the <br />permitting authority that is designed to prevent an increase in the average annual sediment yield from pre-mined, <br />undisturbed conditions, for Outfalls 004A, and 007A. The Sediment Conhol Plan must be approved by the pemtitting <br />authority and be incorporated into the permit as an effluent limitation. The Sediment Control Plan must identify best <br />management practices (BMPs) and also must describe design specifications, constmction specifications, maintenance <br />schedules, criteria for inspection, as well as expected performance and longevity of the best management practices. <br />Using watershed models, the operator must demonstrate that implementation of [he Sediment Control Plan will result in <br />avernge annual sediment yields that will not be greater than the sediment yield levels from pre-mined, undisturbed <br />conditions. The operator must use the same watershed model that was, or will be, used to acquire the SMCRA pemrit. <br />The operator must design, implement, and maintain BMPs in the manner specified in the Sediment Control Plan. <br />The permiee shall submit the required documentation by December 1, 2007. <br />No later than 14 calendar days following each date identified in the above schedules of compliance, the pemuttee shall submit <br />either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance <br />or noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. <br />4, Chronic WET Testing-Outfall(s): 004A and 007A <br />a. Testing and Reporting Requirements <br />Tests shall be done at the frequency listed in Part LB.I. Test results shall be reported along with the Discharge <br />Monitoring Report (DMR) submitted for the reporting period during which the sample was taken. (i.e., WET testing <br />results for the fast calendar quarter ending March 31 shall be reported with the DMR due Apri128.) The results shall be <br />submitted on the Chronic Toxicity Test report form, available from the Division. Copies of these reports are to be <br />submitted to both the Division and EPA along with the DMR. <br />The pemrittee shall conduct each chronic WET test in general accordance with methods described in Short Term <br />Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Or ang isms, EPA/600/4- <br />89/001 or the most current edition, except as modified by the most current Division guidance document entitled <br />Guidelines for Conducting Whole Effluent Toxicity Tests. The perrnittee shall conduct such tests using Ceriodaphnia <br />dubia and fathead minnows. <br />b. Failure of Test and Division Notification <br />A chronic WET test is failed whenever there is a statistically significant difference ur lethality between the control and <br />any effluent concentration less than or equal to the instream waste concentration (IWC) and when the lethality IC25 is <br />less than the IWC. The IWC for this permit has been determined to be 100% at Outfa11004A and 94% at Outfall <br />007A. The permttee must provide written notification of the failure of a WET test to the Division, along with a <br />statement as [o whether a Preliminary Toxicity Investigation (PTI)/Toxicity Identification Evaluation (TIE) or <br />