2009-10-05_REVISION - M1999006 ‎(8)‎

• Permit No: M1999006
• IBM Index Class Name: REVISION
• Doc Date: 10/5/2009
• Doc Name: Submittal
• From: Varra Companies, Inc.
• To: DRMS
• Type & Sequence: TR2
• Media Type: D
• Archive: No

Section 401 Certification Requirements
State of Colorado
(A) The.following requirements shall apply to all certifications:
(1) Authorized representatives from the Division shall be pennitted to enter upon the site
where the construction activity or operation of the project is taking place for purposes of
inspection of compliance with BMPs and certification conditions.
(2) In the event of any changes in control or ownership of facilities where the
construction activity or operation of the project is taking place, the successor shall be
notified in writing by his predecessor of the existence of the BMPs and certification
conditions. A copy of such notification shall be provided to the Division.
(3) If the permittee discovers that certification conditions are not being implemented as
designed, or if there is an exceedance of water quality standards despite compliance with
the certification conditions and there is reason to believe that the exceedance is caused, in
whole or in part, by the project, the permittee shall verbally notify the Division of such
failure or exceedance within two (2) working days of becoming aware of the same.
Within ten (10) working days of such notification, the permittee shall provide to the
Division, in writing, the following:
(a) In the case of the failure to comply with the certification conditions, a
description of (i) the nature of such failure, (ii) any reasons for such failure, (iii)
the period of noncompliance, and (iv) the measures to be taken to correct such
failure to comply; and
(b) In the case of the exceedance of a water quality standard, (1) an explanation, to
the extent known after reasonable investigation, of the relationship between the
project and the exceedance, (ii) the identity of any other known contributions to
the exceedance, and (iii) a proposal to modify the certification conditions so as to
remedy the contribution of the project to the exceedance.
(4) Any anticipated change in discharge location and/or quantities associated with the
project which may result in water quality impacts not considered in the original certification must be reported to the Division by submission of a written notice by the
permittee prior to the change. If the change is determined to be significant, the permittee
will be notified within ten days, and the change will be acknowledged and approved or
disapproved.
(5) Any diversion from or bypass of facilities necessary to maintain compliance with the
terms and conditions herein is prohibited, except (i) where unavoidable to prevent loss of
life or severe property damage, or (ii) where excessive storm drainage or runoff would
damage any facilities necessary for compliance with limitations and prohibitions herein.
The Division shall be notified immediately in writing of each such diversion or bypass.
(6) At least fifteen days prior to commencement of a project in a watercourse, which the
Division has certified, or conditionally certified, the permittee shall notify the following:
(a) Applicable local health departments;
(b) Owners or operators of municipal and domestic water treatment intakes which
are located within twenty miles downstream from the site of the project; and
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