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<br />COLORADO DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT -Water Quality Control Division <br />Rationale -Page 14 Permit No. COR-040000 <br />VII. CHANGES AFTER PUBLIC NOTICE (com.) <br />the optimum solution. At 40 percem cover, the Division is relatively certain that the site will remain stable. <br />However, the Division recognizes that 40 percent cover may not be achievable in all cases and has added the <br />sentence: "The Division may, after consultation with the permitree and upon good cause being shown, revise <br />the vegetative cover requirement on a case-by-case basis. " <br />Reeardine the definition of "Vegetative Cover": Vegetative cover will be defined to 6e "the aerial projection <br />of all grasses, forbs, mosses (living or dead) onto the ground. " <br />Reeardine the difficulty of the task: /n return for reclaiming and revegetating the site, the Division is willing <br />to terminate permit coverage and release the owner/operator from NPDES liability. The Division must have <br />some assurance that the site will remain stable and will not relapse into a water quality problem. <br />8. E~x loration activities <br />The draft Rationale stated that "Sites at which only exploradan has been conducted are included in this <br />exemption from mining stormwater permit requirements. " One permittee objected to this statement because <br />Category (iii) of the stormwater regulations (5 CCR 1002-2 § 6.4.2 (5) (c)) includes SIC major group 10 - <br />Metal Mining. The explanation of this major group states "This major group includes establishments primarily <br />engaged in mining, developing mines, or explorin¢ for metallic minerals (ores) " {emphasis added). <br />Response: The Division has removed this sentence from the Rationale. Exploration activities which meet the <br />exposure criteria will require a stormwater permit. <br />9. Reference to "Performance Bond" <br />The draft permit and Rationale refer to the release of the performance bond" by the Colorado Division of <br />Minerals and Geology (CDMG) as the trigger for the termination of stormwater permit coverage for mines <br />with CDMG permits. One commemor objected to the use of this term. <br />Response: The Division agrees that because of the complexity of band release, in some instances this may be <br />confusing. The language in the permit and the Rationale has been revised to use the phrase "release from <br />state reclamation requiremems", which is the phrase used in the regtlations. <br />10. S WMPs as aublic documents <br />One commemor objected to the language in the permit which requires permittees to make the SWMP available <br />to any member of the public upon request. This opens the perminee to unwarranted intrusion and potentially <br />to interference. This commentar asks that this requirement be removed. <br />Response: Section 308(b) of the federal Clean Water Act requires that a1L repons (which includes SWMPs) <br />shall be available to the public. The Division has modified the permit requirement to state that the permittees <br />must make the SWMP available to the public upon request, artless the SWMP is on file with the Division. <br />Permittees may voluntarily submit SWMPs to the Division to avoid providing the documents directly to the <br />public. <br />Sarah Johnson <br />August 7, 1996 <br />