2009-05-19_REVISION - M1981021 (26)

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COLORADO DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT - Water Quality Control Division Rationale - Page 6 Permit No. COR-040000 • Z STORMWATER DISCHARGES ASSOCIATED W M MINING OPERATIONS Although the Offke of Management and Budgat's North American Industry Classification System is intended to replace the 1987 Standard Industrial Classification Code, Colorado has decided to continue using the 1987 SIC code system as the primary classification system under Colorado's stormwater permits because the stormwater regulations (Colorado Discharge Permit Regulations, Reg. 61) refer to these codes, and because this code system identifies facilities adequately. EPA is implementing the same policy in its Multi-Sector General Permit. 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, beneficiation, or processing of mined materials, nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim. Construction stormwater permit requirements apply if more than I acre of land is disturbed, including clearing, grading and excavation (see CDPS General Permit number COR-030000). 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 stormwater regulations. E. Exemption for Uncontaminated Stormwater The Division does not require a permit for discharges of stormwater that do not contact any overburden, raw material, intermediate products, byproducts, finished products or waste products-located at the mining operation. Only stormwater discharges 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. Exemption for Reclaimed Mines • Mines that have met certain reclamation conditions are not required to obtain a stormwater discharge permit. Coal mining operations which no longer meet the definition of a reclamation area under 40 CFR 434.11(1) because the performance bond issued to the facility by the appropriate SMCRA authority has been released are not required to obtain stormwater discharge permits. Non-coal mining operations which have been released from applicable slate or Federal reclamation requirements after December 17, 1990 are also not required to obtain stormwater discharge permits. However, the Division may designate such reclaimed sites as requiring a stormwater permit if the discharge is a significant contributor ofpollutants to waters of the State. IV. APPLICATIONAND 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 1A.4 of the permit for an outline of the application requirements and applicable time frames. At least thirty days prior to the anticipated date of discharge, the owner (or operator when the owner dries not operate the facility) of the mining or remediation operation shall submit an application to the Division. (Note. -Under the Federal regulations, this is referred to as a Notice oflntent, or NOI. For internal consistency with its current program, the Division will continue to use the term "application. ") If this general permit is applicable, then a certification will be developed and the applicant will be certified under this general permit V. TERMSAND CONDIHONS OFPERMIT A. Prohibition on Non-stormwater Discharges The permit includes a list of allowable non stormwater discharges. These have been determined to be generally insignificant sources of water pollution, and do not need to be covered under an individual discharge permit. 0