2008-12-04_PERMIT FILE - C1981033

• Permit No: C1981033
• IBM Index Class Name: Permit File
• Doc Date: 12/4/2008
• Section_Exhibit Name: EXHIBIT 04 PERMITS FOR MINING
• Media Type: D
• Archive: No

PART Il
Page No. 1 G
Permit No.: cd-0044377.
B. RESPONSII3ILITIES
I . ]nspections and Right to Entry •
The permittee shall allow the Division and/or the authorized representative, upon the presentation of credentials:
a. To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are required to be
kept under the terms and conditions of this permit;
b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and
to inspect any monitoring equipment or monitoring method required in the permit; and
c. To enter upon the permittee's premises in a reasonable manner and at a reasonable time to inspect and/or investigate, any actual,
suspected, or potential source of water pollution or to ascertain compliance or non compliance with the Colorado Water Quality
Control Act or any other applicable state or federal statute or regulation or any order promulgated by the Division. The
investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of
photographs, interviewing of any person having knowledge related to the discharge permit or alleged violation, access to any and
all facilities or areas within the permittee's premises that may have any affect on the discharge, permit, or alleged violation. Such
entry is also authorized for the purpose of inspecting and copying records required to be kept concern-ng any effluent source.
d. The ermittee shall provide access to the Division to sample the discharge at a point after the final treatment process but prior to
the ~scharge mixing with state waters upon presentation of proper credentials.
In the making of such inspections, investigations, and determinations, the Division, insofar as practicable, may designate as its
authorized representatives any qualified personnel of the Department of Agriculture. The Division may also request assistance from
any other state or local agency or institution.
2. Duty to Provide Information
The permittee shall furnish to the Division, within a reasonable time, any information which the Division may request to determine
whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit.
The permittee shall also furnish to the Division, upon request, copies of records required to be kept by this permit.
3. Transfer of Ownership or Control
a. Except as provided in paragraph b. of this section, a permit ma be transferred by a permittee only if the permit has been
modified or revoked and reissued as provided in Section 61.8c8 of the Colorado Discharge Permit System Regulations, to
identify the new peimittee and to incorporate such other requirements as may be necessary under the Federal Act.
b. A permit may be automatically transferred to a new permittee if:
i) The current permittee notifies the Division in writing 30 days in advance of the proposed transfer date; and
ii) The notice includes a written agreement between the existing and new permittee(s) containing a specific date for transfer of
permit responsibility, coverage and liability between them; and
iii) The Division does not notify the existing permittee and the proposed new permittee of its intent to modify, or revoke and
reissue the permit.
iv) Fee requirements of the Colorado Discharge Permit System Regulations, Section 61.15, have been met.
4. Availability of Reports
Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and the Colorado Discharge Permit
System Regulations.5 CCR 1002-61, Section 61.5(4), all reports prepared in accordance with the terms of this permit shall be
available for public inspection at the offices of the Division and the Environmental Protection Agency.
The name and address of the permit applicant(s) and permittee(s), permit applications, permits and effluent data shall not be
considered confidential. Knowing)y making false statement on any such report may result in the imposition of criminal penalties as
provided for in Section 309 of the Federal Clean Water Act, and Section 25-8-610 C.R.S.
5. Modification, Suspension, Revocation, or Termination of Permits By the Division .
The filing of a request by the permittee for a permit modification, revocation and reissuance, termination or a notification of planned
changes or anticipated noncompliance, does not stay any permit condition.
a. A permit may be modified, suspended,.oi• terminated in whole or in part during its term for reasons deEei•mined by the Division
including, but not limited to, the following:
i) Violation of any terms or conditions of the permit;
ii) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit
onto the establishment of terms or conditions of tie permit; or
iii) lVtaterially false or inaccurate statements or information in the permit,application or.the permit..
iv) A determination that the permitted activity endangers human health or. the classified or existing uses of state waters and ca
only be regulated to acceptable levels by permit modifications or termination.
Revised 10/29/2008