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<br />r <br /> <br />I <br />requirement to apply for a permit; t is not <br />conclusive evidence that the discha ge is <br />contaminated and will require a pe it. 55 <br />Fed. Reg. 48032, 48067; 33 U.S.C. 1 32(1)(2). <br />b. Mining operations reclaimed under S CRA, or <br />non-coal mining operations reclaime under <br />other laws after November 1990, do of <br />require storm water permits. 55 Fe Reg. <br />48033. i <br />c. Sites where work is done solely to aintain a <br />claim prior to extraction, benefici tion, or <br />processing do not require a storm w ter <br />permit. 55 Fed. Req. 48033. <br />Notes AMC has challenged EPA's aut ority to <br />apply the storm water permitting re irement <br />to inactive mining sites. <br />5. Construction oroiects. Under the Novemb r 1990 <br />rules, operations that result in the dis urbance <br />of less than five acres of total area an are not <br />part of a larger development do not requ re a <br />storm water permit. 55 Fed. Reg. 48066. However, <br />this exemption was invalidated on June 4 by the <br />9th Circuit in NRDC v. EPA, 90-70671 and 91-70200. <br />II. Permitting Options <br />One novel aspect of EPA's storm water regulat ons is <br />that most dischargers of storm water associated wi h <br />- 6 - <br />