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`-~ . • <br />~ III IIIIIIIIIIIIIIII <br />requirement to apply for a permit; it is not <br />conclusive evidence that the discharge is <br />contaminated and will require a permit. 55 <br />Fed. Reg. 48032, 48067; 33 U.S.C. 1432(1)(2). <br />b. Mining operations reclaimed under SMCRA, or <br />non-coal mining operations reclaimed under <br />other laws after November 1990, do not <br />require storm water permits. 55 Fed. Reg. <br />48033. <br />c. Sites where work is done solely to maintain a <br />claim prior to extraction, beneficiation, or <br />processing do not require a storm water <br />permit. 55 Fed. Reg. 48033. <br />r Notet AMC has challenged EPA's authority to <br />apply the storm water permitting requirement <br />to inactive mining sites. <br />5. Construction proiects. Under the November 1990 <br />rules, operations that result in the disturbance <br />of less than five acres of total area and are not <br />part of a larger development do not require 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 regulations is <br />r that most dischargers of storm water associated with <br />- 8 - <br />