2010-03-01_REVISION - C1982056 (2)

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I.VLVIVIUV UGrHRl MG1YI Vr ruDLlt- r7"Ljn H/YUGIYrIRV/YIIryDIY I, nuservuul7ryl,unvus vivlslun Rationale - Page 16, Permit No. COG-070000 RATIONALE CDPS GENERAL PERMIT FOR CONSTRUCTION DEWATERING ACTIVITIES CDPS NO. COG-070000, STATEWIDE COVERAGE Update (July 2006) This is the fourth renewal of the general permit for wastewater associated with construction dewatering which discharge to waters of the State. The most significant changes in this renewal are summarized below. First, additional provisions have been. added to allow for compliance schedules so that long-term activities that need further treatment options could be allowed to come into compliance. Second, the permit was given more latitude by making the ability of having site-specific conditions (i. e., limitations for a stream segment that has a history of impairment, or additional monitoring for an area of known groundwater contamination) reflected in the effluent limits. Third, since this is a general permit for statewide coverage, there will be one or more instances where a certification is issued to allow effluent discharge to a surface "water of concern" (as designated by the US Fish and Wildlife Service (USFWS) and the Water Quality Control Division (Division) will preview this decision with the USFWS to be sure that the discharge will avoid adverse effects to federally listed aquatic species or, at a minimum, will limit the potential for detrimental effects so as to be no more than minor. This coordination process is based on the Memorandum of Agreement (signed in 2005) cited below and has been successfully implemented with the issuance of individual permits for the discharge of effluents to a "water of concern". "Memorandum of Agreement Among the Colorado Department of Public Health and Environment 's Water Quality Control Division, the US. Fish and Wildlife Service's Colorado Field Office and the U. S. Environmental protection Agency Region 8's Ecosystem Protection and Water Programs Regarding Enhanced Coordination on Implementing Colorado's Mixing Zone Rule Implementation Guidance and the Services' August 11, 2003 Biological Opinion on this Matter. " This coordination process applies to all of the Division's permitting activities for discharges to "waters of concern"; however, the above MOA is explicit on process details for permits that are subject to the public notice process. General permits, such as this one for Construction Dewatering Activities, are subject to the public notice process but the numerous certifications under a general permit are not subject to public notice and are typically activated upon approval by the Division. The Division and the USFWS will carry -out the intent of the MOA by implementing the following coordination process for certification. During the review of an application for certification of a discharge to a "water of concern ", the Division will contact the USFWS to discuss the proposed discharge and then advise the applicant if additional measures are necessary to result in one of the two above findings. The individual discussion of each certification may not be absolutely necessary, if the potential impact to protected species is absence or obviously minimal. The Division and the USFWS will work on establishing "de minmmus " criteria for use by-the Division to select proposed certifications that do not need to be previewed with the USFWS. In the certification, the Division will state the discharge is to a "water of concern", the action has been coordinated with the USFWS, and what requirements, if any, are based on the outcome of this coordination. This permit and the authorization to discharge shall expire at midnight on September 30. 2008. Therefore, a permittee desiring continued coverage, with a certification, under the general permit must re-apply by May 1.2008. Christopher L. Gates July 13, 2006 Issued November 1, 2006 Effective December 1, 2006 Expiration Date November 30, 2011 Revised 2/22/2010