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PermitteeAdministrative Appeal or District Court Appeal?Date of AppealPermit # with Link Challenged Permit ActionsWho is Challenging the Permit?Quick summary of some issues (may not be complete)Link to Order and other legal filingsFolder of Public Documents - Also Refer to Permit File in OnbaseMost Recent Status (11/2021)
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Peabody Sage Creek Mine (coal mine)administrative appeal, then appealed to district court12/14/2015CO0048275Renewal of permit authorizing discharges from coal minePermittee (Peabody Coal)Selenium limits and location of points of compliance (state waters)https://drive.google.com/file/d/1F2H2jF8e7gutQpJqoNmZev_VMK3A9B5y/view?usp=sharingLITIGATION COMPLETE AND PERMIT UPHELD. Administrative hearing completed, appealled to district court, Colorado Supreme Court denied cert. Denver District Court case withdrawn in June 2021.
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Mountain Coal West Elk Mine (coal mine)administrative appeal03/27/2019CO0038776Renewal of permit authorizing discharges from coal minePermittee (Mountain Coal Company, LLC)Limits for stormwater outfalls, WQCD authority to require permits for stormwater discharges at coal minesOriginal order Revised order May 17-19, 2021 Office of Administrative Courts (OAC) hearing, Aug 2021 decision in favor of WQCD and upholding the permit. Mountain Coal filed exceptions challenging the OAC decision in September 2021. The exceptions are fully briefed and awaiting a decision by the CDPHE Executive Director.
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Mount Crested Butte Water and Sanitation District Wastewater Treatment Plant 1administrative appeal1/29/2020CO0027171Renewal and later modifications of permit for domestic wastewater treatment plantPermittee (Mount Crested Butte Water and Sanitation District)Instream flow, antidegradation limits for metals to protect aquatic lifeInitial order MCB Public DocumentsSettled on April 21, 2022. The settlement can be found here.
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Pacificorp/Silver Bells Mine Tailings Pileadministrative appeal9/30/2020CO0046931,Renewal of permit authorizing discharges from tailings pilePermittee (PacifiCorp)pH limitsInitial Order Public Documents and Legal FilingsReferred to OAC on October 11, 2021. Summary judgment motions filed on May 11.
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Town of Telluride, Telluride Regional Wastewater Treatment Plant administrative appeal11/27/2020CO0041840Renewal of permit for domestic wastewater treatment plantPermittee (Town of Telluride)Antidegradation limitsInitial OrderAppeal withdrawn.
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Denver MS4 administrative appeal and district court appeal1/29/2020COS000001Renewal of permit authorizing discharges from urban stormwater system (Link to permit documents)First suit - Permittee (City and County of Denver), Second Suit Colorado Stormwater CouncilLimits for E. Coli pollution, PFAS requirementsInitial Denial of hearing Link to folder with district court filings Link to folder with district court filingsLITIGATION COMPLETE, SETTLEMENT AND WITHDRAWAL OF SECOND SUIT. Division denied Denver's Motion for Reconsideration in a February 22 order. On June 30, 2021, WQCD issued a permit modification that settled pending litigation between the City and County of Denver and the division challenging certain terms and conditions of this permit. Settlement Agreement, City and County of Denver v. Water Quality Control Division of the Colorado Department of Public Health and Environment, Case No. 2021-CV-030833 (May 5, 2021). However, on May 13, 2021, Colorado Stormwater Council served WQCD with a second suit challenging the permit in Denver District Court. On July 1, 2021, WQCD filed a motion to dismiss that complaint on four separate grounds. On July 21, Colorado Stormwater Council voluntarily dismissed their complaint. On August 2, the district court dismissed the case.
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Cripple Creek and Victor Gold Mine/Newmont Mining Fourmile Springs and Carlton Tunneladministrative appeal and district court appeal2/26/2021CO0046540, CO0024562Renewal of permits authorizing discharges from Carlton Tunnel and Fourmile Creek SpringsPermittee (Cripple Creek and Victor, Newmont Mining Co.)pH monitoring, mercury limits, limits to protect downstream water supply, requirement to have a permit at allFolder with permits, administrative orders and appealsSettled on December 21, 2021. The settlement can be found here.
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Nonstandard MS4 General Permit for Urban Stormwater, COR070000district court appeal5/28/2021COR070000, found at https://cdphe.colorado.gov/wq-municipal-ms4-general-permitsRenewal of general permit authorizing discharges from urban stormwater systems at universities, schools, and other public entities, found here.Colorado Stormwater Council (primarily Colorado MS4s)Cost of requirements, Maximum Extent Practicable standard, others. Complaint can be found in this folder.All district court filings can be found in this folder.Colorado Supreme Court denied CSC appeal. No further litigation (updated 8/7/2023).
WQCD's motion to dismiss the complaint was granted on September 24, 2021 on the grounds that Colorado Stormwater Council should have filed an administrative appeal first (failure to exhaust administrative remedies). Colorado Stormwater Council appealed this order in the Colorado Court of Appeals on November 12, 2021.
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Hunter Ridge/Encana groundwater remediation district court appeal1/13/2021COG318036Renewal of certification of coverage under a general permit to authorize discharges of contamined groundwater to streamPermittee (Hunter Ridge, LLC, associated with Encana)Protection of downstream drinking water supplies, 1,4 dioxane limits in permit certificationOrder denying hearing and the exhibits can be found here.District court filings can be found here.Litigation settled in 2022.
Hunter Ridge did not complete actions according to the settlement agreement. Division denied a second compliance schedule extension.
Hunter Ridge submitted an additional district court appeal on the denial.
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CAFO general permit administrative appealOctober 7, 2021COA-934000Renewal of general permit authorizing operators of
concentrated animal feeding operations to
discharge to certain surface waters.		Center for Biological DiversityGroundwater monitoring requirements Link to request for hearing; Link to October 18, 2021 order granting hearingNot yet referred to OAC (10/26/21). Note this permit is issued by CDPHE's Environmental Agriculture Program, which is a separate agency than WQCD.
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City of Colorado Springs MS4, COS000004administrative appealAugust 26, 2022COS000004
https://cdphe.colorado.gov/wq-municipal-ms4-individual-permits		Renewal of individual permit authorizing discharges from urban stormwater system - link to permit docsCity of Colorado SpringsPotential conflict with previous consent decreeAppeal and docs can be found in this folderModification was completed. No further action required.
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Stormwater Discharges Associated wtih Non-Extractive Industrial Activity, COR900000administrative appeal; district court compliantMay 26, 2023COR900000 found at https://cdphe.colorado.gov/renewal-industrial-stormwater-general-permit Renewal of general permit authorizing discharges from nonextractive industrial acitivitiesCity and County of Denver - DEN
DEN Fuel
United Airlines
Inclusion of certain PFAS requirements specifically as they relate to parts of airports. Sector ADAll appeals and the district court complaint can be found in this folder.Not yet referred to the OAC (8/2/23).
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