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COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division <br />Rationale — Page 18, Permit No. C00036251 <br />numerous other point sources and outfalls which are not identified in the WQA or the draft permit. The WQA <br />statement that "No other point sources were identified as dischargers to the unnamed tributaries of East Paradox <br />Creek and Bull Canyon, upstream or downstream of the confluence with the Dolores River." WQA at 17, is <br />incorrect. <br />The proposed permit does not address all discharges from the Cotter mines which discharges into East Paradox <br />Creek. Cotter Corporation operates an interconnected complex of surface mines and underground mines in the <br />East Paradox Valley. <br />Water quality issues exist due to the dozens of active and inactive uranium mines in the stream segments. Some <br />area mines which hold permits from other agencies lack proper point source discharge and stormwater permits, <br />which may be attributable to these agencies' erroneous classification of process water discharges from waste <br />rock piles and mine workings as stormwater discharge instead of point source discharge. Some inactive mine <br />operators in the area have simply failed to apply for the necessary permits, which could amount to many <br />hundreds of thousands of dollars in potential fines should the WQCD initiate enforcement proceedings. <br />Uranium mines which have still not obtained necessary permits nearly forty years after the Clean Water Act <br />was passed should be subjected to enforcement proceedings. <br />The WQCD review of this permit provides an opportunity to create an important catalyst to ensure that the <br />uranium mines which dot the landscape in these Dolores River stream segments are brought into full <br />compliance with the Clean Water Act, and all other applicable laws. <br />RESPONSE 5: <br />The JD -7 and JD -9 mines are historic mines that have been continuously permitted by the Division since 1986, <br />and this proposed permit is a renewal of an administratively extended permit. The process of developing and <br />issuing a new permit and renewing a permit are the same, and the addition of outfalls does not require a new <br />permit. <br />The Division agrees that the inclusion of new outfalls in this permit triggered the inclusion of permit conditions <br />that are appropriately effective the day the permit is effective. In particular, the Division included a special <br />condition in the permit that requires the following "In order to be able to sample and determine compliance with <br />the limitations at Outfalls OO1B, 002B and 002C, the permittee shall take the appropriate steps to create <br />collection and holding ponds, with treatment as needed, or route the water to the treatment ponds for Outfalls <br />OO1A and 002A" The Division also made sure the permittee was aware of this provision when the draft permit <br />was released for public comment to give the permittee time to be able to conduct activities at the site in advance <br />of this provision and the limitations, monitoring and reporting requirements becoming effective. The Division <br />became aware that a new outfall needed to be included in this permit through its review of the permit <br />application as part of the routine review process embedded in permit renewal. The Division will continue this <br />practice and include additional outfalls and permit requirements in other permits as appropriate, including those <br />related to mining operations. <br />In this case, the permit conditions would be the same regardless of whether this permit is renewed with <br />additional waste rock piles and outfalls identified, or whether a separate permit is issued. The source of water is <br />not new and is water from the mines and water from the waste rock piles. Due to the zero low flow condition of <br />the receiving stream (where no dilution is granted), the water quality based effluent limits (WQBELs) are equal <br />to the water quality standards (WQS) for this stream segment, which are the most stringent limitations that can <br />be developed based on WQS. <br />The language in the WQA has been modified to state "The JD -7 and JD -9 Mines are the only permitted point <br />source contributors to the unnamed tributaries of East Paradox Creek and Bull Canyon. While there are other <br />