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PARTI <br />Page No. 23 <br />Permit No..: <br />: CO-0000221 <br />f. A current list of available outside contractors, agencies, or other sources which could be utilized in the event of a spill in <br />order to clean up its effects. If the facility is capable of handling spills in-house, this shall be documented in the plan; <br />g. Provision for yearly review and updating of the contingency plan, plus resubmission of the plan to the Division if <br />conditions and/or procedures at the facility change the original plan. <br />The foregoing provisions shall in no way render inapplicable those requirements imposed by the Federal Water Pollution <br />Control Act, 33 U.S.C. § 1321, regulations promulgated thereunder, the Colorado Water Quality Control Act, and regulations <br />promulgated thereunder. It is recommended that this plan be prepared by a professional engineer registered in the State of <br />Colorado. <br />Nothing herein contained shall be construed as allowing any discharge to waters of the State other than through the discharge <br />points specifically authorized in this permit. Nothing herein contained shall be construed as excusing any liability the <br />permittee might have, civil or criminal, for any spill. <br />The submittal of a Spill Prevention Control and Countermeasure Plan (SPCC Plan) as required by 40 CFR Part 112 may <br />satisfy all or part of this requirement. Should additional materials exist on site which are not addressed in the SPCC Plan, <br />addressing those materials as per the above is required. <br />1/ If there is no such material present at the site, this shall be indicated in writing and submitted to the Division for review. <br />2/ If there is material present but the permittee feels there is not a reasonable probability of a spill impacting waters of the <br />State, this shall be documented in writing and submitted to the Division for review. This documentation shall include, 1) <br />distance to nearest surface waters, and; 2) a detailed description of any structure which prohibits the release of material <br />onto the ground or into a conveyance system. <br />2. Stormwater Requirements <br />a. Stormwater Manaeement Plan <br />A current Stormwater Management Plan (SWMP) shall be maintained for the portions of the Seneca Mine Complex that <br />are covered by this section of the permit. The SWMP shall be prepared in accordance with good engineering practices. <br />(The plan need not be completed by a registered engineer.) The plan shall identify potential sources of pollution <br />(including sediment) which may reasonably be expected to affect the quality of stormwater discharges associated with the <br />inactive mining operation. In addition, the plan shall describe and ensure the implementation of best management <br />practices (BMPs) which will be used to reduce the pollutants in stormwater discharges associated with the inactive <br />mining operation and to assure compliance with the terms and conditions of this permit. <br />Seneca Coal Company must implement the provisions of their SWMP as a condition of this permit. The Division <br />reserves the right to review the plan, and to require additional measures to prevent and control pollution as needed. <br />The SWMP should describe all areas that have not been previously permitted, and which meet the definition of a <br />stormwater discharge in 40 CFR 122.26. Examples of such areas are roads and railroad lines used for transportation to <br />and from the site, outslopes of ponds, inactive loadouts, sites used for storage and maintenance of material handling <br />equipment, and areas granted small area exemptions. <br />SWMPs which met criteria contained in the previous version of this permit are acceptable. <br />Active Minine Areas <br />The SWMP shall include the following items for active portions of the mine, at a minimum: <br />i. Description of Minine Activities <br />The plan shall provide a narrative description of the mining and associated activities taking place at the site which <br />affect or may affect stormwater runoff intended to be covered by this permit. The narrative description shall report <br />the total acreage within the mine site and an estimate of the number of acres of disturbed area. A general description <br />of the location of the mining site relative to major transportation routes and communities shall also be provided.