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COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division <br />Rationale — Page 16, Permit No. C00036251 <br />O. Implementing Narrative Standards in Discharge Permits for the Protection of Irrigated Crops, Water <br />Quality Control Division Policy WQP -24, March 10, 2008. <br />P. Regulation Controlling discharges to Storm Sewers, Regulation No 65, Colorado Department of Public <br />Health and Environment, Water Quality Control Commission, effective May 30, 2008. <br />Water and Wastewater Facility Operators Certification Requirements, Regulation No. 100, Colorado <br />Department of Public Health and Environment, Water Quality Control Division, effective January 30, <br />2010. <br />Q. <br />R. Code of Federal Regulations (40 CFR Part 440, titled Ore Mining and Dressing Point Source Category, <br />Subpart C), Office of the Federal Register, Government Printing Office, effective May 24, 1998. <br />VIII. PUBLIC NOTICE COMMENTS <br />Comments were received from Cotter Corporation (Cotter) and from the Energy Minerals Law Center on behalf <br />of the Sheep Mountain Alliance during the 90 -day public notice period. Topical summaries of the comments <br />and the response of the Division are given below. Copies of the comments and attachment are located in <br />Division files and will be made available upon request. <br />Several comments received from the Energy Law Center were either beyond the scope of this wastewater <br />discharge permit or not within the jurisdiction of the WQCD (the Division). Several comments were related to <br />ground water impact, which is regulated by the Colorado Division of Reclamation and Mine Safety (DRMS). <br />These comments will be forwarded to DRMS. <br />Comments received from Cotter Corporation <br />COMMENT 1: <br />On Page 4 of 20 of the proposed permit, there appear to be typographical error for effluent parameter CBOD5. <br />The other three outfalls are being sampled for COD, outfall OO1A has CBOD5. <br />RESPONSE 1: <br />The typographical error has been corrected. The correct parameter is COD. <br />COMMENT 2: <br />In the Factsheet, Section IV.A.2. it states "Because the mine water has been in contact with the minerals in the <br />mines, it forms a mineral -rich leachate." Cotter is not aware of any sampling of the groundwater prior to it <br />entering the underground mine workings which would provide a good understanding of the quality of water that <br />is entering these mines. The ground water that enters these mines is usually encountered immediately below the <br />ore horizon. One of the generally accepted theories regarding uranium ore deposition in the Uravan Mineral <br />Belt, where these mines are located, is that the groundwater is the source for the uranium that is deposited here. <br />As such I do not believe this statement is necessarily a factual statement. An alternative statement might be as <br />follows: "In the past, water that has been discharged from these mines has had some constituents which are near <br />or above the discharge limits." <br />