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,• COLORADO DEPAR7MENT OF HEALTH - Warcr Quality Conrro! Divsion Rationale -Page 11 Pamir No. COR-0400p0 !X PUBLIC NOTICE CHANGES A public meeting wort held on August 5, 1992, err the Glerdale Community Ceruer, to rceeiue public mmmem on the proposed draft general permit for rtormwater disdwrgu from moral mining operations. Approximately 40 people attended In addition, S letters of mmmeru wcrc reoelved by the Division during the 60 day public comment period A. Osrrlappinr Jurisdiction and the Role of the CDMG The Division specifically asked jot public commem on what role the Colorado Division ojMinerals and Geology (CDMG) ((orntcrly Mined Land Reclamation Division) of the Department of Natural Rvourcrs should play in elm stormwater permiaing program. Cammemers esprtssed concern over nc~ prospect of dual permitting since the CDMG hat an sitting rok in regulating mining aaivilies. It was leer CDMG hat the appropriate 6adSgrourd and terhnical espatise to addriat impkmemarion and rrgu-atian of stormwarer mmrol rcquironenu at mining operations." Commenters noted that much if not aU ojthe injormatian required in a Stormwarn Managanem Plan rs already rcquind Jn CDMG Reclamation Plans. Concern was also exprets that this dual permitting or permit review mold lead to jurisdictional conflict and mnfwion, wasted time, and inctrarcd apense. In response the Division wirhv ro clarify that section 402(pJ(2J(BJ of the Clean Water Act stipu/ata that rrormwater discharges atsociated with industrial activity must 6e authorized 6y an NPDES petmlt. By jederol regulation, mining operations arc included in the definition oj'irdumial activity' and therefore need ro meet the requiremew of sections 301 and 402 of the Clean Water An. Compliance with other state rcquirtments does not waive the requiranent to obtain an NPDES permit. The Clean Water Act includes procedures jot delegating administration ojthe NPDES program from EPA to the States jot control of pollutants discharged into their waters. Under the Clean Waur Au, lhcn an »o provisions jot (hc Stale dekgaltd authority to junkier delegate the pnrnitting process w another agency. Delegation ojtltc permitting auuhoriry to the CDMG would rcquin federal anion. The Division agrees that in quire a few cater, srormwarer management controls are included in the reclamation plan required by CDMG. the Division also agrees that CDMG has a good background and technical expertise err well err a field inspection staff. The Division and the CDMG arc working on a Memorandum of Agreement (MOAJ to ensure rhm the two agencies work together in permitting, inspection and enjornmem procvses, and to minimize the duplication. The agencies iruerd to allow input from the regulated community regarding the conrem and devrbpmeru of the MOA. B. Coveraee for lnactivc Minin¢ Oocrarions The Division spec~ca!!y asked for public mmmem on the dstinction between 'inactivr' and "historically inattisr' mining operationt. Historically inactive mining operations were defined as mining sires that ceased operation prior to July 1, 1973. 7hir is the effective dare ojrhe Colorado Open Mining Lard Reclamation Att. Inactive mining operations wcrc defined as situ that ceased operation after July ], 1973. Coverage was cot provided for historically inactive mining operations order the draft general permit. Most commenters felt that coverage jot both types of inactive mines was inappropriate under this general perntit. Some commemers jell ttrongly that the distinction based an the July I, 1973 date war inappropriate and did not refktt the true srormwatn pollution potential. Most mmmeruers itdicnted that inactive mining operations should have reduced pnntit obligations. 1n response, the Division has eliminated the distinction between inattivr and historically inactive mining operatianr, and reduced the permit obligations jot all iwctivr mining opermiom. The Division wishes to c(anfy that mines that have temporarily ceased mining and arc in 'temporary cessation' status with the CDMG, are 'active" miner jar the purpose ojrhis permit. The Division also wisher ra core that we reserve the right to require