2005-12-02_PERMIT FILE - C1981019

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COLORADO DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT -Water Quality Control Division Rationale -Page 5 Permit No. COR-040000 IV. STORMWATER DISCHARGES ASSOCIATED WITH MINING OPERATIONS (corr.) D. Exemption for Pre-operational Mines Pre-operational mining sites are not required to obtain stormwater mining permits. The definitions of active and inactive mining sites do not include sites where mining claims are being maintained prior to any disturbances associated with the extraction, benejtciation, or processing of mined materials, nor sires where minimal activities are undertaken for the sole purpose of maimaining a mining claim. Construction stormwarer permit requirements apply if more than five acres of land are disturbed, including clearing, grading and excavation (see CDPS General Permit number COR-030000). However, as clarification, claims on land where there has been past extraction, beneficiation, or processing of mining material, but there is currently no active mining, are considered inactive sites and are subject to stormwarer regulations. E. Exemption for Uncontaminated Stonmwater The Division does not require a permit for discharges of stormwater that rb wt contact any overburden, raw material, intermediate products, byproducts, finished products or waste products located at the mining operation. Only stormwater disrharges that comes into contact with any overburden, raw material, intermediate products, byproducts, finished products or waste products located at the mining operation must be included in the permit. F. Exemptton for Reclaimed Mines Mines that have met certain reclamation conditions are nor required to obtain a stormwarer~discharge permit. Coax • mining operations which no longer meet the definition of a reclamation area under 40 CFR 434.!1 (I) because the performance bond issued to the faciliry by the appropriate SMCRA authoriry has been released are not required to obtain stormwater durharge permits. Non-coo! mining operations which hm~e been released from applicable state or Federal reclamation requirements after December I7, 1990 are also not required to obtain stormwater discharge permits. The Division may designate such reclaimed sites as requiring a stormwater permit if the discharge is a significant contributor of pollutants to waters of the State. G. Exemption for Small Municipalities The /mermoda/ Surface Transportation Efficiency Act of 7991 has resulted in some modifications to the stormwater regulations. Section 1068(c) of the Transportation Act has added an exemption to the stormwater regulations for municipalities with less than !00,000 population. The term "municipality" includes cities towns, counties, special districts or any miry created by or pursuant ttt State law. Stormwater discharges associated with mining or remediation activities, that are owned or operated by a small municipality art not required to apply for or obtain a stormwater permit at this time. V. APPLICATION AND CERTIFICATION Certification under the permit requires submittal of an application. Upon receipt of all required information, the Division may allow or disallow coverage under the general permit. See Parts I.A.3 and I.A.4 of the permit for an outline of the application requiremems and applicable time frames. At least thirty days prior to the anticipated date of discharge, the owner (or operator when the owner does not operate the faciliry) of the mining or remediation operation shall submit an application to the Division. (Note: Under the Ftdera[ regulations, this is referred to as a Notice of Intent, or NOI. For internal consistency with its current program, the Division will cominue to use the term 'application.') If this general permit is applicable, then a certification will be developed and the applicaru will be certified under this genera! permit.