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.• ~ - ~ c <br />• COLORADO DLPAP.T"D:P~T OF HEALTH <br />[J~[er Quality Control Division <br />• Addendum - Yage 7 <br />Permit dumber: CO-00?7154 <br />Public Plotice Comments <br />The permittee has submitted comments with regard to this permit amendment. <br />The first issue is post mining limitations for discharge points other than <br />005. These discharge points are for sedimentation ponds. Federal regulations <br />for post mining contain a settleable solids limitation which will be <br />incorporated when appropriate permit modification and supporting documentation <br />are supplied. However, federal regulations represent a minimum limitation <br />applicable to all coal nines. Slate standards for pH and oil and grease will <br />also be applicable at a minimum to post mining discharges. <br />For post miring discharges from 005, settleable solids, pH and oil and grease <br />limitations will also be applicable a[ a minimum. Until such time that the <br />discharge from the underground mine ceases, the other water quality based <br />effluent limitations shall also be applicable even if active mining his <br />ceased. The reasor. fcr this requirement is that discharge from the <br />undorground mini could still occur after active mini^g is no longer taking <br />place. idher. *_he permittee demonstrates that discharge from the underground <br />mine has ceased, the permit will be modified with applicable_'ederai <br />limitations and slate standards. <br />Tne issue of a storm ehemntion for 005 was also brought up. Since water <br />• quality 'oased limitations are in effect for this discharge point a storm <br />exemption will not be allowed. <br />The permittee as pointed our [}•pographical errors and errors ir. page :umbering <br />these errors have beer. corrected in the final version. <br />L/ith regard to [he issue of monitoring requirements during precipitation <br />events, the federal regulations, 40 CFP. 434.63(c) state [hat the operator has <br />the burden of proof that the discharge was caused by the applicable <br />precip'_tation event. To that end monito-ins will be required as a practical <br />matter since the permittee will have no wayvof knoc+ing [hat the storm event is <br />the 10 year-~4 hour evert until a€ter it has occurred. <br />J <br />