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STATE OF COLORADO <br />Bill Ritter, Jr., Governor op•col <br />Martha E. Rudolph, Executive Director w o? <br />Dedicated to protecting and improving the health and environment of the people of Colorado yam' I \ o <br />4300 Cherry Creek Dr. S. Laboratory Services Division R C 9V ** p ** <br />Denver, Colorado 80246-1530 8100 Lowry Blvd. 187e + <br />Phone (303) 692-2000 Denver, Colorado 80230-6928 <br />TDD Line (303) 691-7700 (303) 692-3090 C?? 3010 Colorado Department <br />Located in Glendale, Colorado `?? <br />f Public Health <br />http://www.cdphe,state.co.us Divl tui+ ul r??=??6+tlatlQ?dEnvironment <br />tAf*,g and Suety <br />August 19, 20 10 <br />CERTIFIED NO: 7005-1820-0000-3213-2851 <br />Mike Clements, Owner ?G? ._ort <br />Wildcat Mining Corporation M M(ke <br />108 Linda Court <br />Durango, CO 81301 <br />Re: Stormwater Permit Requirements for Construction Activities/Compliance Advisory <br />Wildcat Mining Corporation-Idaho Mine and May Day Mine and Mill site construction activities <br />La Plata County <br />Dear Mr. Clements: <br />It has come to the Water Quality Control Division's (the Division) attention that Wildcat Mining <br />Corporation is engaged in a construction activity that is included under the stormwater regulations. The <br />Division conducted an inspection of the above-referenced construction activity on June 30, 2010. A report <br />documenting the inspection is attached. The Division has no record that Wildcat Mining Corporation has <br />applied for or obtained a stormwater discharge permit for the above-referenced facility. <br />In 1987, the US Congress amended the Clean Water Act to expressly include stormwater discharges from <br />industrial and construction sites as requiring Clean Water Act controls. In 1990, EPA issued regulations <br />that require specific industrial and construction activities to obtain permits in order to discharge <br />stormwater from their facilities. The Water Quality Control Division of the Colorado Department of <br />Public Health and Environment has direction and authority to administer the stormwater permit program <br />in Colorado through the Colorado Water Quality Control Act, and its implementing regulations and <br />permits. <br />Pursuant to 5 CCR 1002-61.3(2), stormwater discharges from construction activities that result in one or <br />more acres of land disturbance, or are part of a larger common plan of development or sale that will <br />ultimately disturb one or more acres over a period of time, are specifically included. For these <br />construction activities, stormwater discharge permit coverage is required from the time that ground is <br />broken, until the site has been finally stabilized, that is, when all soil disturbing activities at the site have <br />been completed, and a uniform vegetative cover or the equivalent has been established. <br />Since the above-referenced site involves the disturbance of one or more acres of ground (for the entire <br />project) a permit certification issued under the General Permit for Stormwater Discharges Associated with <br />Construction Activity is required. A copy of the application form is enclosed with this correspondence. <br />(The form is also available on the web at <br />htty://www.cdDhe. state.co.us/wa/PemiitsUnit/FO_RMSandApplications/Appsandfonnsnewpaae.html <br />The application should have been completed and submitted prior to breaking ground. Since activities <br />have already begun, the application should be submitted to Colorado Department of Public Health and