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COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale — Page 19, Permit No. C00036251 abandoned mine adits potentially discharging, there are no other permitted point sources discharging to the East Paradox Creek and the Bull Canyon." There may be numerous point sources within the same stream segments (all tributaries segment), however, the Division has no information showing any permitted facility discharging into East Paradox and Bull Canyon. The WQCC Hearing Rationale for Stream Segment COGULDO3a to which the East Paradox and Bull Canyon belong, provides the following information regarding point sources in Stream Segment COGULDO3a "Point Sources: Umetco Minerals discharges to Lumsden Creek and its tributaries (CO- 0043575) and to John Brown Creek and its tributaries (CO- 0043591) ". Estimates state that there are over 10,000 abandoned mines in Colorado (with some estimates up to 30,000), many of which do not have owners that could be easily identified. Simply put, the Division does not have the ability to track down all abandoned, unpermitted, point source discharges from mines. When these unpermitted point sources and their owners are identified and they submit permit application, they will be permitted; however, as stated in the December 22, 1993, memo from EPA regarding abandoned hard rock mines, these remain a low priority for permitting. Note that because the tributaries are considered to be zero low flow streams (no dilution available for setting permit limits), the unpermitted sources and the proposed uranium mill will have no impact on the decisions made on this permit. There is no assimilative capacity to share, and all facilities will receive the water quality standards as permit limits (WQBELs). Note that the permit also contains an evaluation of the federal effluent limitation guidelines (ELGs), which were added as additional level of protection, and imposed where numeric standards for a particular parameter did not exist in the segment (total radium 226, dissolved radium 226). Regarding possible unidentified point sources within JD -7 and JD -9 mines, it is the responsibility of Cotter, the mine owner to identify these sources. These unidentified point sources should not preclude the Division from issuing a permit for the proper disposal of wastewater from known sources. If additional sources are identified, Cotter will need to provide treatment independently (applying for additional outfalls under the permit) or route these sources to the current WWTF. Part II.A.8 of the draft permit specifically prohibits the permittee from discharging from unpermitted point sources, stating "Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited." COMMENT 6: Land lease, use of public land, bonding issues, Mine Land Reclamation Act, DRMS enforcement actions and groundwater issues. The WQCD's crucial role in protecting Colorado's waters is particularly important where the DOE leased these two mining tracts to the federal lessee Cotter Corporation in 2007 without first ensuring that these mines were not violating the Clean Water Act. The Bureau of Land Management (BLM) also retains concurrent jurisdiction over the surface use of the public lands on which these mines are located. As these two mines are part of the DOE's Uranium Lease Program, WQCD should ensure that DOE and BLM the main federal land managers for uranium mining in the area, bring their respective regulatory authorities to bear to remedy the noncompliance with the Clean Water Act requirements at the DOE - leased mines and the numerous other federal land mines in these stream segments. In addition to the federal jurisdiction and responsibility for these mines, any water treatment facilities must receive review, approval, and bonding by the Colorado Division of Reclamation and Mine Safety ( "DRMS ") as part of an Environmental Protection Plan ( "EPP ") which HB08- 1161 clarified is required for all uranium mines in Colorado. Although DRMS and DOE may elect to use their existing bonds at these mines to fund work where the operator is unable or unwilling to meet environmental standards, the WQCD has no bond in place. In this case, it appears that the discharges needing point source permits may well necessitate a perpetual water treatment operation. Further, the DRMS mine files identify no current intent to resume mining operations at