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COLORADO DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT -Water Qualiry Comrol Division <br />Rationale -Page 14 Permit No. COR-040'000 <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 />Hoxever, the Division recognizes than 40 percent cover may rtat be achievable in all case's and has added the <br />sentetnce: 'Zhe Division may, after consukation with the permitree and upon good cause being shown, revise <br />the vegetative cover requirement on a case-by-case basis. " - <br />Reeurdine the definition of "Vegetative Cover": Vegetative cover will be-defined to be "the ere Trial 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 willirsg <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 wiU nor relapse into a water qualiry problem. <br />8. Exoloration activities <br />The draft Rationale stated rivet 'Sites at which only ezplorarion has been conduced are included in this <br />exemption from mining stormwater permit requirements. ' One permittee objeued to this statement because <br />Category (iii) of the stormwattr regulations (5 CCR 1001-2 § 6.4.2 (5)(c)) includes SIC major group !0 - <br />Metal Mining. The esplanation of this major group stares "Phis major group includes establishments primarily <br />engaged in mining, developing mines, or emlorine for metallic minerals (ores) " (emphasis added). <br />Resoonse: The Division has removed this sentence from the Rationale. Exploration auivities which meet the <br />exposure criteria will require a stamwater 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 compleciry of bond 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 requirements', which is the phrase used in the regulations. <br />10. SWMPs as public documents <br />One commenror objeued to the language in the permit which requires perminees 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 imetference. This commentor asks that this requirement be removed. <br />Resoonse: Seuion 308(b) of the federal Clean Water Au requires that all reports (which includes SWMPs) <br />shall be available to the public. The Division has modified the permit rcquirement to state that the permittees <br />must make the SWMPavailable to the public upon request, unless the SWMPis on file with the~Division. <br />Permittees may volmuarily submit SWMPs to the Division to avoid providing the documents directly to the <br />public. <br />Sarah Johnson <br />August 7, 1996 <br /> <br /> <br />