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COLORADO DEPARTMENT OF PUBLIC HEALTH & EiWIRONMENT -Water Quality Control Division <br />Rationale -Page 5 Permit No. COR-040000 <br />!V. STO&tiIWATER DISCHARGES ASSOCIATED WITH MINING OPERATIONS (cont.) <br />D. Exemption for Pre-operational Mines <br />Pre-operational mining sites are not required to obtain stormwater mining permits. The deftnitipns of active and <br />inactive mining sites do rzot include sites where mining claims are being maintained prior to any disturbances <br />associated with the extraction, beneficiation, or processing of mined materials, nor sites where minimal activities <br />are undertaken for the sole purpose of maintaining a mining claim. Construction stormwater permit requirements <br />apply if more than five acres of land are disturbed, including clearing, grading and excavation (see CDPS General <br />Permit number COR-030000). <br />However, as clarification, claims on land where there has been past extraction, beneftciation, or processing of <br />mining material, but there is currently no active mining, are considered inactive sites and are subject to stormwater <br />regulations. <br />E. Exemption for Uncontaminated stormwater <br />The Division does not require a permit for discharges of stormwater that do not contact any overburden, raw <br />material, intermediate products, byproducts, .finished products or waste products located at the mining operation. <br />Only stormwater discharges that comes into comact with any overburden, raw material, intermediate products, <br />byproducts, finished products or waste products located at the mining operation must be included in the permit. <br />F Exemption for Reclaimed Mines <br />Mines that have met certain reclamation conditions are not required to obtain a stormwater discharge permit. Coal <br />mining operations which no longer meet the definition of a reclamation area under 40 CFR 434.11(1) because the <br />performance bond issued to the facility by the appropriate SMCRA authority has been released are not required to <br />obtain stormwater discharge permits. Non-coal mining operations which have been released from applicable stare <br />or Federal reclamation requirements after December 17, 1990 are also not required to obtain stormwater discharge <br />permits. The Division may designate such reclaimed sites as requiring a stormwater permit if the discharge is a <br />significant contributor of pollutants to waters of the State. <br />G. Exemption for Small Municipalities <br />The Intermodal Surface Transportation Efficiency Act of 1991 has resulted in some modifications to the stormwater <br />regulations. Section ]068(c) of the Transportation Acr has added an exemption to the stormwater regulations for <br />municipalities with less titan 100,000 population. The term "municipality" includes cities towns, counties, special <br />districts or any emiry created by or pursuam to State law. stormwater discharges associated with mining or <br />remediation activities, that are owned or operated by a small municipality are not required to apply for or obtain a <br />stormwater permit at this time. <br />V. APPLICATION AND CERTIFICATION <br />Certification under the permit requires submittal of an application. Upon receipt of all required information, the <br />Division may allow or disallow coverage under the general permit. See Parts I.A.3 and I.A.4 of the permit for an <br />outline of the application requirements and applicable time frames. <br />At least thirty days prior to the anticipated date of discharge, the owner (or operator when the owner does not operate <br />the facility) of the mining or remediation operatiors shall submit an application to the Division. (Note: Under the <br />Federal regulations, this is refened to as a Notice of Intent, or NOI. For internal consistency with its current program, <br />the Division will continue to use the term "application. ") !f this general permit is applicable, then a certification will be <br />developed and the applicant will be certified under this general permit. <br />