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Home My WebLink About20122151.tiff USE BY SPECIAL REVIEW APPLICATION Overland Pass Pipeline Company Buckingham Station May 2012 Prepared by: Shaw Environmental 9201 Dry Creek Road Centennial, CO 80112 Prepared on behalf of: Jeff Tarde Williams Midstream 1050 17th Street — Suite #1800 Denver, CO 80202 jeff.tarde@williams.com (303) 405-8121 Williams USE BY SPECIAL REVIEW APPLICATION Overland Pass Pipeline Company Buckingham Station May 2012 ,"e4'"" May 11, 2012 Micah Carter Date Environmental Scientist May 11, 2012 David Way Date Client Program anager SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number - - - - (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or vr'Av.co weld.co.us) Legal Description , Section 9 , Township 7 North, Range 57 West Zone District: A (Ag A') , Total Acreage: 10 , Flood Plain: N/A , Geological Hazard: N/A Airport Overlay District: FEE OWNER(S) OF THE PROPERTY: Name:Overland Pass Pipeline Company LLC Work Phone# 1-800-635-7400 Home Phone# Email Address: P.O. Dox 645 Address: City/State/Zip Code Tulsa, OK, 74172 Name: Work Phone# Home Phone# Email Address: Address: City/State/Zip Code Name: Work Phone# Home Phone# Email Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) Name:Jeff Tarde -Williams Midstream Work Phone# (303)405-8121 Mobile Phone# (303) 589-1029 Email leff.tarde@williams.com Address: 1050 17th Street- Suite# 1800 Address: City/State/Zip Code Denver, CO 80202 PROPOSED USE: Booster Pump Station for an existing Natural Gas Liquids Pipeline. Pump Station would include electric-powered pumps, a control building, a technician's building, an electrical switchyard and substation, two drive and access- ways, and perimeter fencing. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicatirnq that the signatory has to legal authority to sign for the corporation. _ 5-- U- Signaturg Owner or Al3fhorized Agent Date Signature: Owner or Authorized Agent Date . SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP 1 .0 INTRODUCTION The Overland Pass Pipeline Company LLC is the operating entity for the Overland Pass Pipeline, a 760-mile pipeline that transports natural gas liquids (NGL) such as ethane, propane, and butane from southwestern Wyoming to central Kansas. NGLs are typically used for home heating, indoor and outdoor cooking, motor fuels, and as industrial energy in the manufacturing of plastics. 1.1 Existing Pipeline Location The OPPL runs from Opal, Wyoming where the primary gathering and collection occurs, to Conway, Kansas which is viewed as one of the nation's primary NGL storage hubs. The OPPL travels through 23 counties in three states: five in Wyoming, six in Colorado and twelve in Kansas, and also includes two pipeline-laterals, which extend 150- and 125-miles respectively into the Piceance and Denver-Julesberg Basins in northern Colorado. Figure 1 - Overland Pass Pipeline Route z County Map OVERIM9 PASS P SLIME South Dakota -- 4 -- Wyoming w: rem Nebraska Utah • / Colorado swam Kansas 1.2 Purpose and Need The OPPL was originally constructed in 2006 with the capability to transport approximately 140,000 barrels per day. However the pipeline's design included an ability to expand transportation capacity up to 255,000 barrels per day if additional booster-pump facilities were added. Due to recent increases in supply and demand for NGLs. OPPL now wishes to increase the pipeline's transportation capabilities for 2012 and beyond. To produce the SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP desired increases in pressure which would enable the transportation of greater volumes. OPPL is proposing the installation of five booster pump stations along the pipeline. 1 .3 OPPL and Williams The OPPL was originally a joint venture between ONEOK Partners and Williams, established in May 2006 and constructed from 2006 through 2007. In early 2011 Williams became the operating entity for the Overland Pass Pipeline Company LLC, and as a result Williams is now the company applying to build the new booster pump stations on behalf of OPPL. Williams Contacts & Project Contact Information The Williams family of companies operates out of a head office located in Tulsa, Oklahoma. There is the potential for various staff or subcontractors to be involved with this project. If there are any questions or concerns the primary Williams Point of Contact (POC) for the Buckingham Station USR project will be: Mr. Jeff Tarde Williams Midstream 1050 17th Street— Suite # 1800, Denver, CO 80202 Phone (303) 405-8121 jeff.tarde.c williams.com Additionally, Williams has retained Shaw as their entitlement and permitting consultant for this project, and Shaw will coordinate all submittals and permitting requirements for development of the Buckingham Station. The primary Shaw POC will be: Mr. Micah Carter Shaw Environmental & Infrastructure 9201 E Dry Creek Road, Centennial, CO 80112 Phone (720) 554-8159 micah.carter@shawerp.com As a result of the desired construction schedule, Williams and Shaw therefore respectfully request that any and all communications associated with this USR application go out to both Mr. Carter and Mr. Tarde to ensure the communications receive the highest possible level of attention. 4 SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP 1.4 Proposed `Buckingham' Pump Station: Steps Completed The OPPL is currently proposing the development of the `Buckingham' Pump Station on the 10-acre parcel of land which comprises the SW/4 SW/4 SE/4 of Section 9, Township 7 North, Range 57 West. This 10-acre lot was originally part of a larger surrounding parcel and on March 23, 2012, OPPL submitted an application for a Two-Lot Recorded Exemption (RE) in order to subdivide and purchase the parcel and enable development of the desired 10-acre lot. This RE, referred to as Weld County `RECX12-0039' was an application to subdivide 10-acres away from the surrounding 80-acre lot which comprises the South Yz of the Southeast ''A of Section 9 [Township 7 North, Range 57 West]. Additionally, on April 5, 2012 OPPL submitted an application for a Subdivision Exemption (SE) to enable creation of an easement upon which the Morgan County Rural Electric Company, in conjunction with Tri-State Generation & Transmission Association could install an electrical switchyard which would provide power for the pump station. This SE is referred to as `SUBX12-0010' by the Weld County Department of Planning. OPPL is now applying for this Use by Special Review (USR) permit to enable the land use approval for the Buckingham Pump Station. 1.5 Current Land Use for Proposed Site in Weld County The approximately 160-acres comprising the SE/4 of Section 9 Township 7 North, Range 57 West is currently undeveloped and under grassland cover, and has historically been used for seasonal grazing. There is one existing vehicle entranceway into this 160-acre area which provides direct access from County Road 82 into the southern portion of the site. The eastern, western and southern boundaries of the site are bounded by a 4-strand barbed wire fence. The northern boundary adjoins the remainder of the Northeast '/4 of Section 9, and the entire 320-acres is under contiguous grassland cover, all of which is used for grazing cattle. An ephemeral wash and dry creek bed runs through the central section of the southern boundary, and a culvert drains this wash under County Road 82 from a location to the east of, and adjacent to the east side of the existing gate and parcel access point. A sub-grade utility corridor, comprised of two NGL pipelines, passes beneath the southwestern corner of the SE/4 of Section 9. Adjacent to the existing access way into the parcel is a windmill-driver serving a groundwater well (State of Colorado Permit # 32751), which provides water to an associated stock (watering) tank. The windmill and the stock tank are the only two structures on the entire 320-acre tract of land: there are no residential buildings, and there are no irrigation systems on this tract. 5 SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP 2.0 USE BY SPEClAQ_ REVIEW DUES c @�l,NNAIRE The following section specifically addresses the requirements of the Weld County Planning Department's USR Questionnaire, while a supplemental code review and impacts analyses are included in the following sections. A copy of the Buckingham Station USR Permit Application Form is included as Appendix A. 2.1 Proposed Use of the Property The OPPL is currently proposing the development of a booster pump station on the 10-acre parcel of land which comprises the SW/4 SW/4 SG/4 of Section 9 Township 7 North, Range 57 West. This parcel was identified by OPPL because it straddles the existing sub-grade pipeline and offers suitable road access as it borders County Road 82. Most importantly, this site provides the requisite engineering specifications for the section of pipe needed which governs where a pump station is (or is not) hydraulically feasible. Weld County has categorized the OPPL Buckingham Station as an 'Oil and Gas Support Services' type of land use, and by this application package OPPL is now applying for a USR as required under Weld County Code. The proposed Buckingham Station development would be comprised of the following components: - Two 3000-Horsepower electric pumps installed on a concrete pad immediately adjacent to the subgrade pipeline - An electrical substation & switchyard located adjacent to County Road 82, with power delivered from a new 69 kilovolt (kV) distribution line - One 12' x 58' prefabricated Power Distribution Center (PDC) building to accommodate the Variable Frequency Drive (VFD) panels, switchgear, valve motor starters, circuit breaker panels, uninterruptable power supply, computers, telecommunications equipment, and other technical instruments and controls - One 10' x 10' prefabricated `Technician' building, which houses a desk and computer workstation for Williams personnel when they visit the site - Approximately 1,675 linear-feet of 6-feet high chain link fence topped with 3-strand barbed wire which would delineate the outer parcel boundaries - One main gravel drive with drive, gate and access way, constructed of large diameter gravel, and including 18" diameter reinforced piping for culvert construction; and one additional drive, gate and access way, which provides a separate gated entrance into the electrical substation and switchyard 6 SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP - Three pole-mounted floodlights, with two candles set at a 25-feet height - One high pressure multipoint smokeless flare, associated with the pump-pad configuration (which would only burn in emergency or maintenance situations, anticipated to represent less than 1% of the time.) The Buckingham Station would be operated remotely from the Williams Tulsa Control Center or locally (i.e. on-site) by Williams' technicians and field operators. As a result, the Buckingham Station would not be staffed full-time, and Williams' personnel would only visit the Buckingham Station on an as-needed basis. The Buckingham Station would not require a water source or water for operations and there is no need for water wells or mainline water- utility connections. Therefore there would be no wastewater or water connections, and there would be no water appurtenances at the Site. The only service connections to this station would be the electric utility, provided by the Morgan County Rural Electric Association (MCREA) in conjunction with wholesale power distribution provided by the Tri-State Generation and Transmission Association (Tri-State). 2.3 Consistency with Weld County Code, Chapter 22: Comprehensive Plan The proposed Buckingham Pump Station parcel is located within an 'Ag A' (Agricultural) Zone District, and Chapter 2 of Section 23-3-40 in conjunction with Article II, Division 4 of the Weld County Code allows for oil and gas support service facilities to be constructed in an Agricultural Zone District. The use is therefore permissible, and should be evaluated based on consistency with the County's Comprehensive Plan (Chapter 22 of the Weld County Code) which provides the guiding policies and accepted development parameters for long term County development. Section 22-1-10 of the Comprehensive Plan outlines the `Guiding Principles' which provide the context and rationale for the `Goals and Policies' of the Weld County Comprehensive Plan. There are six Guiding Principles within this Section, and the proposed project is consistent with all six. More specifically, Paragraph C of Section 22-5-90 (Oil & Gas Deposits) indicates that transportation of oil and gas via pipelines is a preferential transportation method, and describes pipelines as efficient and environmentally friendly in comparison to the alternative methods, which are typically based upon use of trucks for transportation. Similarly, Paragraph C also indicates that Weld County views pipelines and pipeline infrastructure as beneficial because it reduces the volume of traffic impacting County roads, and prevents 7 7 SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP generation of truck-traffic air pollution which would otherwise degrade air quality in the area. As such, a pipeline-infrastructure project qualities as a 'beneficial type of project under Weld County Code, and the proposed Buckingham Station can be considered consistent with the intent of the Comprehensive Plan as a type of development that Weld County considers favorable in relation to the alternatives. 2.4 Consistency with Weld County Code, Chapter 23 (Zoning) and the Zone District in which it is located The Weld County 'Zone A' (Agricultural) Zone District regulations are established under Section 23-3-10 of Weld County Code with the intent to promote the health, safety and general welfare of the present and future residents of the COUNTY. Section 23-3-10 further states that a designation under an 'A Zone' District is also intended to provide areas for the conduct of Uses by Special Review, as those uses which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right. The proposed Buckingham Pump Station parcel is located within an Agricultural Zone District. Chapter 2 of Section 23-3-40 states that oil and gas storage facilities may be constructed, occupied, operated and maintained in such an Agricultural Zone upon approval under procedures set out in Article II, Division 4. The development of the proposed Buckingham Station would result in a conversion of agricultural lands to a non-agricultural use. The loss of productive agricultural land is considered an issue at both State and County level. The major contributors to conversion of agricultural land at both these scales has been linked to rural large-lot development, which in Colorado is considered development of parcels larger than 35-acres for residential 'Ranchettes'. While the development and conversion associated with Buckingham Station would be permanent and represent a long-term impact, only approximately 5 acres out of the total 10 acre parcel would be converted and developed with the pump station. OPPL is proposing that the remaining area on the northeast corner of the parcel remains under grassland use, and available for grazing by the neighbor who has indicated they intend to continue grazing on the adjoining parcel into the foreseeable future. Therefore the resultant level of impact would be considered negligible, even at a cumulative level if considered in conjunction with other similar projects in the surrounding area based upon land remaining under agricultural use in the surrounding Weld County area. 8 SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP Additionally, the project site borders the County road and as a result would represent minimal disruption to the remainder of the two adjacent half-sections which are under agricultural use. In particular. Weld County has identified the management of weeds as an item of potential local significance to agriculture given the County's agricultural foundations. OPPL is proposing to return the frontage areas of the station which fall outside the chain link fence to native grasses once construction has been completed, and has developed a plan to manage weeds in this area while the grasses regenerate. This is discussed in Sub-section 2.7 (Proposed Landscaping) below in greater detail. This submittal package also includes an impacts analysis and environmental review in Section 4 to be assessed alongside the Weld County Code review. Section 4 includes discussion of habitat, wetlands, threatened and endangered species, as well as impacts from noise and traffic. This analysis shows that the OPPL Buckingham Station, through detailed design considerations and local conditions, would not produce a level of adverse impacts that would represent concerns to the present or future residents of the County. As a permissible use, and because the use would not produce adverse impacts to the surrounding Agricultural lands, the project would therefore be considered consistent with Chapter 23 of the Weld County Code. Appendix B — Special Review Plat Map (Reduced Copy), and Appendix J — Vicinity Map, illustrate the location of the site in relation to the surrounding land uses and identify the locations of localized considerations discussed in the impacts analysis. 2.5 Consistency with Surrounding Land Uses The proposed Buckingham Pump Station parcel is located within an 'A' (Agricultural) Zone District, and is surrounded on all sides by grasslands. This location is an unincorporated area of Weld County located approximately 3.75 miles southeast of the town of New Raymer, Colorado. The southern boundary of the Pump Station would be bounded by roadside drainage ditch associated with Weld County Road 82, and by County Road 82 itself The only anticipated impacts to users of this roadway would he during the construction period when site access- ways are built and the road-shoulder would be under control of a traffic management plan. Section 3 of this submittal discusses the project specific traffic plan which would ensure construction activities and associated construction related traffic would not substantially impact local traffic. Additional analysis provided in Section 4 discusses potential concerns such as glare and lights, which are not anticipated to impact users of County Road 82. 9 SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP The East 1/2 of Section 9 [Township 7 North, Range 57 West] is typically used for seasonal grazing from Spring to Fall months each year. The Pump Station would share its northern and eastern boundaries with this approximately 310-acre parcel. The West '/ of Section 9 [Township 7 North, Range 57 West] is developed with a homestead, including a residential building and support/outbuildings for livestock. This parcel has historically been used for a mix of seasonal and year-round grazing. The Pump Station would share its western boundary with this approximately 320-acre parcel. Discussion in Section 4 of this submittal package indicates that the impacts to livestock grazing on either of the adjoining boundaries are anticipated to be negligible. The primary anticipated impacts to these adjoining land uses use would be during the construction window which would overlap in the Fall of 2012, and is anticipated to produce minor levels of noticeable impacts in relation to increased traffic and noise associated with construction activities. These impacts would be short term and temporary in nature and would cease in January 2013 with the completion of construction activities. Therefore, these impacts would not affect the proposed project's ongoing consistency with the surrounding land uses. In summary, the surrounding agricultural parcels and users of County Road 82 would not be adversely affected by the development and operation of a pump station on the proposed location. The Buckingham Pump Station would therefore be consistent with the existing surrounding land uses. 2.6 Project Details A. Number of people who will use this site OPPL anticipates that a minimum of 3 construction personnel would be onsite during construction, and that a maximum of approximately 15 construction personnel would be required on-site during the busiest periods of construction, exclusive of delivery sub- contractors and sub-contractors associated with MCREU / Tri-State. The electrical switchyard will be constructed by MCREU in conjunction with Tri-State, and OPPL anticipates a work crew of between 3 and 10 staff would be onsite at any one time for development of this component of the Pump Station. Overall, the construction of the Pump Station will involve an average of approximately 10 personnel for the majority of the project, and vendors and delivery sub-contractors would also visit the site for short periods each day throughout construction. Once construction is completed and the Buckingham Station is operational, there will no longer be permanent staff at the site. One to two OPPL personnel would visit the station for routine operational activities and general maintenance or inspections. These visits would 10 SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP likely occur on a weekly and monthly schedule, but as-needed maintenance would also occur throughout the year. B. Number of People Proposed to be Employed at the Site The Buckingham Station would not require full time personnel to operate or maintain the pump station, and OPPL does not anticipate any type of permanent workforce in the future. The station would periodically be inspected and/or maintained by one or two employees, on both routine and as-needed schedules. C. Hours of Operation Generally, the proposed OPPL Buckingham Station would operate 24 hours a day, 7 days a week, 365 days a year. However, the pipeline and pump station will experience periodic shutdowns for routine inspection and maintenance operations. On occasion, OPPL personnel would be onsite for general maintenance and inspections. Due to the ability to control the station remotely from Tulsa, there would not be a direct relationship between hours of operation and the time spent onsite by Williams' personnel. D. Type and Number of Structures to be Erected at the Site The proposed pump station includes plans for two building structures on the 10-acre parcel: - One 12' x 58' prefabricated control building which would accommodate the computers, telecommunications equipment, uninterruptable power supply (UPS) and other technical instruments and controls for the pump and pipeline. - One 10' x 10' prefabricated 'Technician' building, which houses a desk and computer workstation for Williams staffs to sit in and work at when they visit the site Both these buildings would be constructed adjacent to the main vehicle entranceway to the 10-acre pump station site, in a central location approximately 10-feet from the fence line. The fence line is set back approximately 53-feet from the property line, which is in turn set back approximately 30-feet from edge of County Road 82. Both of these building envelopes are identified on the plot plan and depicted in the draft plat, which is included in this application as Appendix B 'Reduced Copy of Special Review Plat Map'. OPPL will apply for a building permit for these structures under separate cover. E. Type and Number of Animals, if any, to be on this Site There would be no animals associated with the proposed Buckingham Station site. 11 SHAW ENVIRONMENTAL:INFRASTRUCTURE GROUP F. Kind of Vehicles (type, size, weight) that will Access this Site and How Often OPPL has determined that there is a likelihood that large trucks and trailer configurations transporting heavy and/or wide loads would need to deliver components to the pump station during construction. In each instance OPPL would submit appropriate notifications or applications in advance of these deliveries and work with the Public Works Department to ensure appropriate traffic controls and/or management are in place. Once the proposed Buckingham Station is operational, Williams' personnel would routinely visit the pump station with either a standard-sized light-duty pickup truck, or with medium sized SUV-type of vehicles. Larger sized trucks may be needed for maintenance and operational visits, but these types of vehicles would only visit the site intermittently and on an as-needed basis. G. Site Fire Protection The Buckingham Pump Station is located with the boundaries of the New Raymer-Stoneham Fire Protection District. The New Raymer-Stoneham Fire District operates out of a Fire House which is located as 229 Baird Street, New Raymer, CO 80742 with 3 additional facilities and a total of 25 volunteer firefighters. OPPL proposes to provide the Fire District and other appropriate local emergency responders with a copy of the OPPL Emergency Response Plan after construction is underway. This data will include site access, site-safety and fire-fighting considerations, contact information for the Williams Tulsa Control Center, and outline the OPPL emergency shut-down procedures. H. Water Source on the Property As discussed above in Section 1.0, there is one windmill structure which pumps water into a stock tank located on the South '/ of the Southeast '/a of Section 9, approximately 50-feet to the east of the site. However there is no water connection proposed for the 10-acres which would be developed with the OPPL Buckingham Station. The OPPL pump station design is based upon an ability to control and monitor remotely from the Williams Tulsa Control Center, and therefore it does not need water connections as Williams' staff would only visit the station for short periods of time. Water used during construction of the Buckingham Station would be delivered to the site by a contractor via tanker, and contractors would also deliver bottled water for crews working on-site during construction. Once the station is operational there would be no ongoing requirements for water. As a result, the water supply for the adjoining parcel and surrounding area would not be affected by development/construction of the 10-acres, or from operation of the pump station. 12 SHAW ENVIRONMENTAL B INFRASTRUCTURE GROUP I. Sewage Disposal System on the Property OPPL is planning to contract with a local and as yet to be identified entity that can provide and service port-a-potties for the duration of the Buckingham Pump Station's construction. Once the station is operational, the port-a-potties would be removed as Williams' staff will only visit the station on an as needed and short-term basis. There would be no generation of sanitary sewerage from development of the pump station, and therelbre there would be no need to construct sewer infrastructure on the parcel or any surrounding parcels. J. Storage and Warehouse on Property Development of the site would utilize a formal materials staging and lay-down area for the duration of construction activities, but the pump station will not require storage or warehousing on the property and no storage structures are planned as part of the proposed Buckingham Station development. 2.7 Proposed Landscaping for the Site Once construction is completed, the temporary erosion and sediment-loss control measures will be removed and the site will be restabilized and either re-vegetated or covered with gravel surface for drives and access ways. Final stabilization at the proposed site for the Buckingham Pump Station consists of the following two items: 1) Placement of a 3" thick minimum layer of crushed rock/gravel over approximately 3.75-acres within the 5.0-acre disturbed area, which is primarily located within the chain link fence area, but includes development of the main access roads from County Road 82. 2) Revegetation of any areas outside the chain link fence area that were disturbed during construction, and of the remaining 1.25-acres of land included within the approximately 5.0- acre disturbed area inside the fence. After final grading is complete, all disturbed areas will be re-vegetated using a native grass mix appropriate to the geographical area, and as provided through communications with Weld County Staff. Weld County Weed Division provided OPPL with a suitable seed blend for replanting the site which includes, Buffalograss, Blue grama. Sideoats grama, and Switc hgrass. Prior to revegetation, the disturbed areas would be tilled to promote establishment of the vegetation. OPPL would then manage the regeneration of grass, including manual mowing and/or trimming of weeds until such time as the grass becomes established. With site construction occurring in 2012 and into 2013. OPPL estimates full regeneration of grass in the exterior acreage could extend across two growing seasons, or the equivalent of calendar years 2013 and into Spring of 2014. is SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP If noxious weeds are identified, they would be controlled to minimize further propagation. The management of noxious weeds can range from pesticides to reseeding the area properly in order to establish the proper vegetation. The site landscaping plan is included in Appendix 1 — Buckingham Pump Station Landscape Plan Map, which depicts the final land use coverage for the pump station. 2.8 Proposed Reclamation Procedures Once construction is complete, OPPL would manage the regeneration of grass at the site, including manual mowing and/or trimming of weeds until such time as the grass becomes fully established. The construction areas will be seeded with a blend of Buffalograss, Blue grama, Sideoats grama, and Switchgrass, to encourage vegetation growth and soil stabilization as recommended by Weld County staff. If the Buckingham Station were ever to close and cease operations, OPPL has developed a decommissioning plan which identifies the various steps to complete, timeline and parties involved. A copy of the OPPL 'Pump Station Abandonment Procedure' is included as Appendix G. 2.9 Stormwater Drainage The site is located at an elevation of approximately 4644 feet above mean sea level (AMSL). The Property generally slopes gently towards the east, decreasing away from a highpoint adjacent to the western boundary. A dry creek bed runs adjacent to the eastern Property boundary, and is the localized low point. Elevation increases gradually again with movement east away from the Property past the creek. All of the immediately surrounding '''A- and '/- Sections exhibit similar gentle slope contours, trending towards low-points shared with this creek bed, which trends in a roughly south easterly direction. The surrounding full sections exhibit similar high points, with slopes on the west side of the creek decreasing towards the cast, and slopes on the east side of creek increasing with movement to the east. Regional topography mirrors the local setting, with generally gentle slopes trending towards the south east. The surrounding areas of the 10-acre parcel are used for seasonal cattle grazing. The OPPL Buckingham Pump Station design includes a large surface area of large diameter gravel which would act as a natural stormwater detention feature, slowing offsite movement of storm water, maximizing lag-times and infiltration capacities, and minimizing potential for erosion. The ability of stormwater collected onsite to affect adjacent parcels is therefore considered low. Section 3.3 discusses site and pump station drainage in more detail. 14 • SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP 2.10 Construction Schedule The construction schedule for the Buckingham Station is ultimately dependent upon approval and issuance of the USR from Weld County. However, at this stage OPPL have the following general plan for construction: Table '! — /',iIiic paced Construction Sciicculo July 2012 Initiate site grading and contouring; construct site fence and install stormwater management controls August 2012 Initiate construction of sub-grade foundations and electrical connections; construction of electrical switchyard begins September - General construction and installation of tie-ins to pump October 2012 configurations; install bypass and complete hot-tap November 2012 Install Flare and flare tie-ins to pump station December 2012 Install VFDs, switchyarr and electrical station components January 2013 Start-up and Commissioning February 2013 Clean up / Complete by 2/13/13 2.11 Storage and/or Stockpile of Wastes During construction of the OPPL Buckingham Station, all solid and liquid waste would be stored and disposed of according to applicable regulations. The development of the pump station would produce general waste streams only, and no generation of hazardous waste streams are anticipated. Once construction is completed, no wastes would be stored or stockpiled during operation of the pump station. A Waste Handling Plan is explained in Section 3.4. 15 SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP f LIE Jua E. h7_ t I 3.1 Site Access Information The Buckingham Station parcel is located approximately 1945-feet (0.36-miles) west of the intersection at Weld County Road 82 and Weld County Road 139. OPPL is proposing two vehicular access-ways into the site, each which will be approximately 20-feet wide and involve installation of a culvert-crossing from County Road 82 across the roadside drainage ditch and into the site. The culverts would be constructed and maintained to meet the specifications conferred under Article III of the Weld County Code. The main access-way into the site would be located approximately 84-feet cast of the southwest corner of the site, with the access-way centerline located approximately 2509-feet west of the intersection at Weld County Road 82 and Weld County Road 139. The secondary access-way for the site will provide access to the MCRE and Tri-State Switchyard only, and will be located approximately 306-feet west of the eastern boundary of the site. This access-way centerline is located approximately 2241-feet west of the intersection at Weld County Road 82 and Weld County Road 139. OPPL submitted a Weld County Access Permit application as part of the overall RE application package on March 23, 2012 with the intent to associate the 'West Access Way' with the pump station and the RE, and to associate the 'East Access Way' with the Tri-State electrical switchyard and the SE. The Weld County Public Works Department approved the two access applications on April 28, 2012 and issued one permit 'AP12-00154' which covers both access ways into the site. A copy of the Buckingham Station Access permit is included as Appendix K. 3.2 Preliminary Traffic Summary The proposed OPPL Buckingham Station is located on the north side of Weld County Road 82 approximately 1945-feet (0.36-miles) west of the intersection at Weld County Road 82 and Weld County Road 139. The Buckingham Station design includes two access driveways into the site from the north side of Weld County 82. One of the initial scopes planned to develop the Buckingham Pump Station site would be construction of these two access ways, as they would enable construction traffic to enter and exit the site safely, and offer greater flexibility for managing over-lapping construction activities and thus minimizing any impacts on local road-users. The western-most access way is planned to serve as the main construction driveway, as it would provide direct access to the site, as well as to the planned equipment lay-down and 16 _ SHAVI ENVLROUaENTAL L INFRASTRUCTURE GROUP materials staging area. This access way would also house the General Contractor's construction trailer, and would commonly be referred to as the 'West Access'. During construction `Road Work Ahead' warning signs would be placed a minimum of 500- feet east and west of the main construction entrance (Figure 2). If construction activities involve partial or active lane closures. OPPL would utilize traffic flaggers to direct the flow of traffic (see Figure 3). Figure 2 — Traffic Cont:'o! Diagr_, , TRAFFIC CONTROL DIAGRAM—OPPL BUCKINGHAM STATION ACCESS CONSTRUCTION I I m ml I � V Neighbor's 1 Driveway 500-feet.v. • WCR 82 Neigh I i 500-feet yo,a Driveway CC • 17 _ SHAW ENVIR0Ni.1ENTAL&INFRASTRUCTURE GROUP Figrrs 3 — Construction Traffic Control i�ic.gr�rri; TRAFFIC CONTROL DIAGRAM—OPPL BUCKINGHAM STATION ACCESS CONSTRUCTION 500-feet < 500-feet WEST EAST hlofU<SMcn9 ! Lt --- ACCESS-! ACCESS -_.-��L- Neighbor's Driveway • CONTROL MEASURES: -During shoulder work only,OPPL will rely on road signs and cones -If construction activities involve partial or active lane closures,OPPL will utilize flaggers OPPL does anticipate slight increases in traffic volumes utilizing, County Road 82 during regular construction hours, estimated to be between 7am and 5pm and typically 5 days per week. However due to the anticipated size of the construction crews, impacts to existing road users are not anticipated as being a cause of concern. Users of County Road 82 in the area between County Road 53 / State Highway 5 and the construction site may also observe increase traffic volumes associated with the proposed project, but these impacts would be minor given the small size of the construction crews. Impacts affecting the area adjacent to the construction site are anticipated to be minor, but may reach moderate levels at intermittent times, due to use of flaggers or passive traffic management options, such as cones. However these impacts would be temporary in nature and impacts would be restricted to approximately '/1-mile either side of the site. 16 SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP Additionally, OPPL anticipates a likelihood that some of the pump station or substation components to be delivered to the site would exceed Weld County requirements for oversize/ overweight loads, and need associated permits and/or route approval from Public Works. OPPL would therefore submit appropriate applications in advance of these deliveries and work with the Public Works Department if additional traffic controls or management were needed. Once construction is completed and the Buckingham Station is operational, there would no longer be permanent staff at the site and the traffic volumes would decrease dramatically. One to two OPPL personnel would visit the station for routine operational activities and general maintenance or inspections. These visits would likely- occur on a weekly and monthly schedule, but as-needed maintenance would also occur throughout the year. 3.3 Preliminary Drainage Summary Drainage Setting The proposed site for the Buckingham Station is located at an elevation of approximately 4640 feet above mean sea level (AMSL). The property generally slopes towards the east, decreasing approximately 16-feet from west to east across the site, starting from a highpoint of approximately 4648-feet AMSL adjacent to the western boundary of the site, down towards a low point of approximately 4632 adjacent to the eastern property boundary. This represents a slope of approximately 2.4% across the width of the parcel. A seasonal and predominantly dry creek-bed which trends in a roughly south-easterly direction is located east of, and adjacent to the eastern site boundary. This creek-bed represents the localized low point. Any storm waters passing across or collected from the site would naturally move down-gradient towards this creek-bed and would ultimately migrate southeast along the channel to a 12-inch diameter steel culvert which drains the under County Road 82. All of the immediately surrounding '/- and 'A-Sections including the land on the east side of the creek-bed exhibit gentle-slope contours similar to the proposed project site, and all trend towards the creek-bed as the shared low-point. The surrounding full Sections exhibit similar high points, with slopes on the west side of the creek decreasing towards the east, and slopes on the east side of creek increasing with movement to the east. Regional topography mirrors the local setting, with generally gentle slopes trending towards the southeast. Drainage During Construction Development of the Buckingham site would utilize the soil roughening method, which consists of preliminary tillage operations that create random roughness within the natural 19 SHAW ENVIRONMENTAL B INFRASTRUCTURE GROUP earthen surface to minimize the amount of stormwater that can actually collect and form run- off. This method increases the soils natural adsorption capabilities through maximizing percolation and infiltration as a result of a greater ratio of soil surface than if the surface was flat. Soil roughening can also help reduce erosion, protect plants from windblown particles and lessen the impact of agriculture on water quality. The roughened area would be inspected after larger-sized precipitation events to see if re- roughening is needed. Regular inspection is able to indicate where additional erosion and sediment controls measures are needed. Finally, the project site would be managed with a series of BMPs conferred under the SWMP to include controls such as silt fencing, sediment barriers, and straw bale check dams (if necessary). These controls would be inspected once every 14 days and following any storm event of 0.5 inches or greater. Drainage During Operation The areas surrounding the 10-acre parcel are used for seasonal cattle grazing. While there is little vegetation or surface irregularities to hinder surface sheet-flows, the ability of stormwater specifically collected on the proposed project site to affect either those adjacent parcels, or in particular the creek-bed and culvert which drains the creek-bed under County Road 82 is considered low, given the following factors: a) Project is a small 10-acre parcel, with low potential to collect storm waters b) Low angles of slope for the parcel,producing low-velocity sheet-flows c) There is no ground directly above the site to act as secondary catchment, or pass additional storm waters across the site - the site represents the upper catchment elevation for this part of the catchment basin d) The land immediately adjacent to the east side of the site is the localized low-point which includes the dry creek bed, inferring storm waters from the site would follow their natural topographical pathway, to their natural dissipation channel, and would arrive there at low velocities over an extended [normal] lag-time In summary, the vast majority of run-off collection would come from those areas within the catchment basin with greater slope angles in up-gradient locations. However, the most important factor in drainage considerations for the proposed projects is the site design, which includes development of an approximately 3.75-acre surface area with 3-inch thick gravel. While the site would be developed with drainage channels to divert some stormwater away from the middle of the site, the surface area developed with gravel in combination and the gravel's inherent roughness coefficient would serve to increase the site's natural infiltration capacity. The intermediate result is the project would reduce the overall volume of 20 SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP stormwater that would otherwise form as overland sheet-flow and leave the site, by first entraining it in the gravel and then second by initiating percolation within the 3-inch depth of the gravel. The end result is that the site would effectively increase the volume of storm waters entering into the localized groundwater table, thereby reducing potential for erosion and over-loading of the natural drainage channels. 3.4 Waste Handling Plan During construction of the OPPL Buckingham Station, all solid and liquid waste would be stored and disposed of according to all applicable regulations. The management of construction-related materials, debris and waste streams at the OPPL Buckingham Station focuses on evaluation of three areas: (A) Generation capabilities for trash, construction debris and by-products (waste streams) from the anticipated construction activities and planned equipment; (B) The management, handling and storage, capabilities for those waste streams at the construction site, which includes analysis of the surrounding environment should spills occur; and (C) The transportation and disposal options for those waste streams. General waste streams only, and no generation of hazardous waste streams are anticipated. General wastes (i.e. garbage, refuse and recycling) generated at OPPL Buckingham Station would be collected in containers/barrels and disposed of weekly, based on anticipated volumes produced throughout construction. Whereas construction debris/construction materials will change, a large construction materials container will be provided and removed on an as-needed basis by a waste-haulage contractor. Additionally, some construction-related waste materials such as scrap metal, metal drums, scrap paper and pallets are recyclable and could periodically be recovered for recycling. The project also proposes use of a dedicated concrete washout structure which would be constructed in accordance with Colorado Department of Transportation (CDOT) Standard Plan Number M-208-1. OPPL has yet to formally contract with a waste handler for haul away services: this will likely be included within a bid package anticipated to be decided in June, 2012. Temporary port-a-potties will be placed in areas of active construction, and will be maintained regularly to prevent water or soil contamination. OPPL has yet to formally contract with a disposal contractor: this will likely be included within a bid package anticipated to be decided in June,. 2012. 2i SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP During construction activities, fuel, lubricants, and miscellaneous chemicals and maintenance-related materials will be used and stored on site. Fuel will be transported to the job site by a contracted fueling service. Lubricants, oils, and grease will be stored in field trucks and/or in covered cabinets to prevent exposure to storm water. As a result, additional actions or controls may be necessary to minimize the potential for pollutants contacting soil, storm water, and to prevent these pollutants from impacting local surface or ground waters. These controls will include proper management of fuels, lubricants, and other construction chemicals; control of off-site vehicle tracking: waste management; and control of allowable non-storm water discharges. The following material management practices will be used to reduce the risk of spills or other accidental exposure of material and substances to either soils or to storm water and potential for storm-runoff: • Only enough product necessary to complete the job will be stored on site. • On-she storage of fuel is not anticipated. I-lowever, any on-site fuel storage will include secondary containment. • All materials stored on site will be stored in a neat, orderly manner in a cabinet or other covered location where practical. 13u1k materials will be covered with tarps while not in use. • Products will be kept in their original containers with the original manufacturer's label. • Substances will not be mixed with one another unless recommended by the manufacturer. • Whenever possible, all of a product will be used before the container is thrown away. • The site manager will inspect the site daily to ensure proper use and disposal of materials. • Original material safety data sheets will be retained and available on site. • If surplus product must be disposed of, the manufacturer's recommendations and state and local requirements for proper disposal will be followed. 22 SHAW ENVIRONVENTAL&INFRASTRUCTURE GROUP • Potentially hazardous materials will be stored in a manner that minimizes the potential for spill, fire, or explosion. In addition to the good housekeeping, the following practices will also be followed for spill prevention and cleanup. • Materials and equipment necessary for spill cleanup will be kept in the on-site material storage area. Equipment and materials may include, but will not be limited to, shovels, brooms, rags, gloves, goggles, absorbent material, sand, sawdust, and plastic and metal trash containers specifically for this purpose. In addition to being a threat to on-site workers, the improper handling of waste materials and by-products can threaten the health and well-being of surrounding wildlife species, habitats, soil systems, and water resources. In the event of a release or spill, the extent of contamination would vary based on the type of soil, topography, and water resources. All toxic or hazardous material spills shall be reported to the site manager to facilitate regulatory reporting, if appropriate. 3.5 Dust Abatement Plan During the construction phase of the Buckingham Station, OPPL will utilize water trucks to suppress dust, but water will be applied sparingly to prevent the generation of runoff from the site. Dust management will be handled through Best Management Practices included within the Storm Water Management Plan (SWMP), as required by the Colorado Department of Public Health & Environment, Water Quality Division. The SWMP provides contractor directives for storm water management during the construction period, and many of those management and control practices also apply to the management and control of dust generated through the same sets of construction activities. Wind barriers such as dust control fences, solid board fences and bales of hay may be used to block air currents and prevent winds from entraining surficial soil layers within localized convective currents. Similarly these devices can also be utilized to re-trap dust that is entrained within convective currents moving across the site thus preventing off-site movement of large volumes of dust. For post construction, the site will be covered with gravel/grasses and dust generation would not be considered a substantial cause for concern once the site has begun stabilization, as outlined in the project's SWMP. The balance of acres located outside of the chain link fenced area would be re-seeded to native grasses. OPPL will manage the regeneration of grass in this area, including manual mowing and/or trimming of weeds until such time as the grass 23 SHAVJ ENVIRONMENTAL&INFRASTRUCTURE GROUP becomes established. With site construction occurring in 2012 and into early 2013, OPPL estimates full regeneration of grass in the exterior acreage could extend across two growing seasons, or the equivalent of calendar years 2013 through 2014. Therefore management would extend past construction for this period, and would be assimilated within the station's routine maintenance and operations schedule. 3.6 Legal Instrument Showing Applicant's Interest in the Property See Appendix C for Quit Claim Deed. 3.7 Emergency Contact Information Sheet See Appendix D for Emergency Contact Information. 3.8 Intergovernmental Agency Agreements Weld County Planning and Zoning has indicated that the proposed pump station site is not located within an area governed by an Intergovernmental Agency Agreement. 2'. SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP F' The following section provides additional information describing components of the proposed project, and includes an overview of impacts analysis and environmental review. 4.1 Visual Impacts The Buckingham Pump Station designs have been through an ongoing process of development to integrate various aesthetic considerations, which cater to views of the station from neighbors and users of the adjacent county road. Primarily, designs for the series of stations along the OPPL have been modified such that the two electric pumps and all associated pipes and appurtenances associated with the physical pipeline transmission infrastructure are, to the greatest extent possible, constructed in a sub- grade manner. This minimizes the amount of actual infrastructure that exists above-grade. Additionally, the pumps and pipeline infrastructure that is above grade would be painted a shade of army-green. The intent of this is two-fold. The green color removes all of the silver and gray steel componentry typically associated with buildings, and then further minimizes what is visible by enabling the pump infrastructure to merge into the background. In the event that Williams` personnel would be working on the station at night, the availability of night time lights to illuminate the pump areas, substation and switchyards becomes the primary and highly important safety consideration. The availability of night time lighting is also a secondary security consideration. The Buckingham Station lighting plan involves the installation of three 25-feet tall pole-mounted light towers, each with two lamps set at 25-feet above surface grade. Each lamp includes shielding to minimize off-site impacts based on design height, and to prevent off-site glare that would impact users of County Road 82. The pump station configuration includes one high pressure multi-point smokeless flare, associated with the pump-pad configuration which is designed to provide 100% smokeless, low radiation flaring of pipeline gases without the need for an air blower or other assist medium. The flare chosen for the station is a multi-point flare tip design, mounted on a common flare body. This design is based on creating a high efficiency low-radiation flare through use of a series of high-intensity flames, as opposed to one large flame. Each flame produced is typically a thin-burn pencil type shape with low luminance, and is less than half of that produced by a conventional flare-tip. The flare would not burn constantly, and would only operate in emergencies or during routine maintenance operations, anticipated to represent less than 1% of the time. 25 SHAW ENVIRONMENTAL S.INFRASTRUCTURE GROUP 4.2 Air Quality Impacts & Compliance Under Colorado air quality regulations, construction of a facility which would be considered a new stationary source of air pollutants results in requirements for submittal and review by the CDPHE's Air Pollution Control Division (APCD). On January 20th, 2012 OPPL submitted an Air Pollutant Emissions Notice (APEN) to the APCD which equates with a `construction permit' application and includes estimates of project air emissions. Due to the anticipated levels of air emissions documented in the ADEN, the Buckingham Station would not be considered a major source of any criteria, 1-Iazardous Air Pollutant (HAP) or Greenhouse Gas (GI-IG) pollutant. Additionally, Buckingham Station would not be subject to any New Source Performance Standards (NSPS), National Emissions Standards Hazardous Air Pollution (NESHAP) or Maximum Achievable Control Technology (MACT) standard, and as a result Operating Permit requirements would not apply. As a result of the low levels of pollutants associated with the Buckingham Station, the development of the proposed station would have a less than significant impact on both local and regional air quality, and OPPL anticipate that the APCD will issue a Construction Permit fin the Buckingham Pump Station by June 1'`, 2012. 4.3 Wildlife Shaw analyzed potential impacts to wildlife associated with the development of Buckingham Station by performing a preliminary review for Threatened and Endangered Species, and included a review of local wetlands and habitat. Shaw completed an online search using the Information, Planning and Conservation System (iPaC) which is a tool offered by the U.S. Fish & Wildlife Service (FWS) to provide information about sensitive resources within the vicinity of a proposed project. Threatened and Endangered Species & Habitat Nine species listed under the Endangered Species Act were identified by FWS as Natural Resources of Concern which may be affected by the proposed project, or in relation to the proposed project location: • Mexican Spotted Owl • Colorado Butterfly Plant • Ute Ladies-Tresses • Preble's Meadow Jumping Mouse • Least Tern • Piping Plover 25 SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP • Whooping Crane • Pallid Sturgeon • Western Prairie Fringed Orchid None of the five species were identified on or in the immediately surrounding vicinity of the project location. The proposed 10-acre site, and the area surrounding the site have been shown to be under non-native land use, and no habitat was identified on or in the immediately surrounding vicinity of the project location. No impacts to wildlife and habitat are anticipated. Appendix E contains the official response provided by the local FWS office which documents the Natural Resources of Concern for the Buckingham Pump Station project location. Wetlands Shaw performed an online review of the National Wetlands Inventory (NWI), utilizing the FWS `Wetlands Mapper' tool. No wetlands were identified on the proposed project site; 1 wetland was identified approximately 0.25-mile northwest of the proposed site; and no additional wetlands were identified within an approximately 0.5-mile radius. The nearby wetlands area is codified as 'PEMJ', which confers the following characteristics: Description for code PEMJ : P System PALUSTRINE: The Palustrine System includes all non-tidal wetlands dominated by trees, shrubs, emergents, mosses or lichens, and all such wetlands that occur in tidal areas where salinity due to ocean derived salts is below 0.5 ppt. Wetlands lacking such vegetation are also included if they exhibit all of the following characteristics: 1. are less than 8 hectares (20 acres); 2. do not have an active wave-formed or bedrock shoreline feature; 3. have at low water a depth less than 2 meters (6.6 feet) in the deepest part of the basin; 4. have a salinity due to ocean-derived salts of less than 0.5 ppt. Subsystem : EM Class EMERGENT: Characterized by erect, rooted, herbaceous hydrophytes, excluding mosses and lichens. This vegetation is present for most of the growing season in most years. These wetlands are usually dominated by perennial plants. Subclass : Modifier(s): J WATER REGIME Intermittently Flooded: This water regime is limited to 27 SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP describing habitats in the arid western portions of the United States. Substrate is usually exposed, but surface water present for variable periods without detectable seasonal periodicity. These habitats are very climate-dependent. Weeks or months or even years may intervene between periods of inundation. Flooding or inundation may come from spring snowmelt or sporadic summer thunderstorms. The dominant plant communities under this regime may change as soil moisture conditions change. Appendix F contains the wetlands delineation map generated through use of the NWI system provided by FWS. 4.4 Impacts from Glare, Dust, Odor or Noise 4.4.1 Glare Steel components within the pump station, including the substation and electrical switchyard are either galvanized, or painted with an army-green shade of low VOC paint. Both these coatings serve to lower the potential for sun-strike and glare effects, and the green paint in particular enables the station infrastructure to merge into the background. The potential for glare from lights and the station flare were discussed in Section 4.1 Visual Impacts. 4.4.2 Dust During construction of the Buckingham Station, dust management would be handled through BMPs included within the SWMP, which provides contractor directives for the construction period. For post construction, the site will be wholly gravel/grasses and dust generation would not be considered a substantial cause for concern. 4.4.3 Noise Noise is usually defined as sound that is unwanted or undesirable because it interferes with communication and hearing, or is otherwise annoying. Typical sound levels experienced by people range from about 40 dBA in a quiet living room to about 85 dBA on a sidewalk adjacent to heavy traffic. Generally, for an average person, a 10-dBA increase in the measured sound level is subjectively perceived as being twice as loud, and a 10-dBA decrease is perceived as half as loud. Table 2 below provides a list of noises together with a typical or relative measurement for their level in dBA. 2S SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP Table 2 -Typical Noise Level Comp<.risc,nc Noise Level (dBA) Noise Source 0-5 Threshold of hearing 5-15 I-Iuman breathing 15-25 Typical whisper at 6 feet 25-35 Typical residential interior 35-45 Soft radio music 45-55 Typical office interior 55-65 Normal conversation at 6 feet 65-75 Freeway traffic at 50 feet 75-85 Construction equipment at 50 feet 95-105 Community warning siren at 100 feet 105-115 Commercial jet takeoff at 200 feet 115-120 Amplified rock band 130 Threshold of pain 140 Jet engine Many oil and gas pump or compressor stations utilize turbines with locally sourced gas to power them, and these are synonymous with the production of greater levels of noise. Given the location, the Buckingham Station design has opted for use of electric powered pumps as opposed to gas-powered equipment and turbines to minimize the initial noise level, and the associated relative distances the level of noise would carry. The electric powered pumps used in the OPPL stations are significantly quieter in comparison to turbines. Specifically, in relation to the potential noise impacts associated with the proposed Buckingham Station, there is a 10-dBA reduction in sound level for each doubling of distance from a noise source due to spherical spreading loss (e.g., if the sound level at 7.6 m (25 ft) from a piece of construction equipment was 86 decibels (dB), the sound level at 15.2 (50 ft) would be expected to be 76 dB, at 100 feet 66 dB, etc.). OPPL performed calculations to summarize noise levels generated by the electric pumps, and provided levels for a range of distances. These calculations used the '1/f law, and were based upon pump manufacturers' data which indicated a noise level equivalent to 95db at a distance of 3ft. Table 3 below indicates that someone driving directly past Buckingham Station along County Road 82 would experience noise levels similar to the interior volumes 29 SHAW ENVIRONMENTAL P.INFRASTRUCTURE GROUP of an office; and the two neighboring homesteads located approximately 0.25-miles from the station would experience noise levels akin to soft music or the normal level of noises anticipated within the interior of a house. If someone were working with cattle in the grazing adjacent areas either side of the station, they would experience noise levels similar to that produced by standing adjacent to freeway traffic. Table 3 - ESt_imatcc!' Buckingham NOISE, Levels Location Estimated Noise Level (db) 3-feet 96.0 At Fence-line 78.5 /,-Mile Away 42.0 /:-Mile Away 36.0 1-Mile Away 30.0 1%,-Mile Away 28.2 NOTE: Calculations also included the following assumptions: 1)Air does not attenuate sound. 2)Sound pressure level is not dependent on frequency 3)Free Field(No trees,or obstructions to dampen sound) 4)Point sound source The data presented in Table 3 indicates that the measure of noise from the two pumps starts to level off at a distance of approximately 1-mile. This type of pattern also indicates the general point at which the external effects of sound attenuation, relative to distance from the point source, have a greater affect on noise perception than the specific source itself. Field observations indicate that the residence located approximately 0.25-miles to the northwest would be partially shielded, both visually and acoustically due to topography, and the intermittent grasslands used for grazing stock would therefore provide a '/-mile buffer from the proposed pump station location. Similarly. the residence located approximately 0.25-miles to the southeast would also be partially shielded, both visually and acoustically due to topography and trees surrounding the homestead. Summarily, while there would be a longer-term increase in noise levels as a result of the development of the proposed Buckingham Station, the noise level calculations for the proposed project have shown that the level of noise would be considered negligible even for someone working with livestock in the areas immediately adjacent to the station. Specifically for the closest homesteads, the level of noise perceived at the 0.25-mile distance would be 30 SHAY'ENVIRONMENTAL Z INFRASTRUCTURE GROUP similar to the levels of noises typically experienced inside an office and therefore unlikely to be considered a nuisance. 31 C._-; SHAW ENVIRONMENTAL&INFRASTRUCTURE GROUP EXECUTIVE SUMMARY The Overland Pass Pipeline Company LLC (OPPL) is proposing the development of a pipeline booster pump station on a 10-acre parcel of land which comprises the SW/4 SW/4 SE/4 of Section 9, Township 7 North, Range 57 West. This location is an unincorporated area of Weld County located approximately 3.75 miles southeast of the town of New Raymer, Colorado. OPPL completed the applicable Weld County subdivision requirements which created the desired 10-acre parcel in April, 2012. With this application package OPPL is now applying for a 'Use by Special Review' (USR) for the OPPL `Buckingham Station', which would be comprised of two 3000-Horsepower electric pumps, control buildings, and an electrical switchyard and substation. Weld County categorizes this type of facility as an 'Oil and Gas Support Services' type of land use, which requires an evaluation of the project in terms of impacts on surrounding land uses, and consistency with applicable local standards. Shaw Environmental & Infrastructure (Shaw) has therefore compiled the following code review and application package on behalf of OPPL, for submittal under the Weld County USR requirements. This code review and supplemental impacts analysis shows all of the parcels immediately adjacent to, and within a 1-mile radius of the proposed pump station site are currently designated as agricultural land use; that there are two residences within this 1-mile radius, each located approximately 0.25-miles from the proposed pump station; and that the next closest residence is located approximately 1.78-miles to the southwest. This analysis provided further details indicating that the proposed pump station location would be surrounded by a '/-mile buffer of grasslands used for grazing stock; that the residence to the northwest would be partially shielded, both visually and acoustically due to topography; and that the residence to the southeast would be partially shielded, both visually and acoustically due to topography and trees surrounding the homestead. This code review indicates that development of a pump station within the proposed area would not be considered incompatible with the existing land uses, and could be considered consistent with the intent of both Chapters 22 and 23 of the Weld County Code. As a result, the application, questionnaire and associated analysis contained within this review indicate that the OPPL proposal to develop the Buckingham Station would meet Weld County Code requirements for approval as a Special Use within an Agricultural Zone. Overland Pass P.O.Box 645 Tulsa,OK 74101-0645 PUMP STATION ABANDONMENT PROCEDURE Purpose To establish a procedure for permanently abandoning a pump station when it has been determined by the Company to be no longer needed. General 1. Develop a Job Plan defining all of the tasks and activities required to safely shut down, isolate and permanently remove the facility in compliance with all applicable laws, regulations and commitments. 2. Inform all affected parties of the Plan including local officials, utilities, landowners and regulatory agencies. 3. Conduct a meeting with employees and contractors that are doing the work to ensure that they fully understand the process and that they are aware of the potential hazards. 4. Contact the electric power company, process an abandonment request and ensure all power is disconnected. 5. Permanently isolate the pump station from the pipeline. 6. Remove and dispose of all hydrocarbons and hazardous materials. 7. Remove all above equipment including piping, buildings, pumps, vessels, transformers, electrical devices, wire, conduit, and etc. 8. Haul off and dispose of all construction debris and rubbish. 9. Remove fence and grade site. 10. Submit abandonment completion notices to local officials, utilities, landowners and regulatory agencies. Approved By: /` Signed: �'/ r��c/ Name: Michael Gettel Title: Director, Engineering & Construction Date: April 6, 2012 FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION BUSINESS EMERGENCY INFORMATION: Business Name: OVERLAND PASS PIPELINE- Buckingham Station phone: 1-800-635-7400 Address: P.O. Box 645 City, ST, Zip: Tulsa, OK, 74172 Business Owner: OVERLAND PASS PIPELINE COMPANY LLC Phone:1-800-635-7400 Home Address: P.O. Box 645 City, ST, Zip: Tulsa, OK, 74172 List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE Pete Torres Manager of Operations Wyoming (307)871-1400 Randy Heinrichs Manager of Operations Tulsa (620)242-7597 Ron Whitaker Safety Representative Tulsa (918)740-1866 Business 7 days p/week Hours: 24 hours p/day Days: Type of Alarm: �X None Burglar Holdup Fire Silent Audible Name and address of Alarm Company: N/A(Station monitored internally by Williams Tulsa Controls Center 24/7) Location of Safe: N/A •H***** ************tt******************»*********•*****************«******•*******************vita»************************ MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: 1 Each Location(s): 1 Door in each structure: PDC Building and the Technician Building Is alcohol stored in building? N/A Location(s): Are drugs stored in building? N/A Location(s): Are weapons stored in building? N/A Location(s): The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs of interest. X Physical Security Check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main Electrical: On-site shut-off in PDC Building; Off-site controls via Tulsa Controls Center Gas Shut Off: On-site shut-off in PDC Building; Off-site controls via Tulsa Controls Center Exterior Water Shutoff: N/A(No water to site) Interior Water Shutoff: N/A(No water to site) WELD COUNTY ACCESS PERMIT Weld County Public Works Dept. Q.)Oy< Phone: (970) 304-6496 1111 H Street After Hours: (970) 356-4000 P.O. Box 758 at a r co Emergency Services: (970) 304-6500 x 2700 Greeley, CO 80632 Go• "• Q� Inspection: (970) 304-6480 4/C W° Permit Number: AP12-00154 Issuance of this permit binds applicant and its contractors to all requirements,provisions,and ordinances of Weld County,Colorado. Project Name: Buckingham Station Expiration date: 10/26/2012 Applicant Information: Property Owner Information: Name: Melony Tucker Name: Company: Overland Pas Pipeline(Williams) Company: Phone: 303-405-8132 Phone: Email: melony.tucker@williams.com Email: Location: Proposed Use: Access is on WCR: 82 Temporary: Nearest Intersection WCR: 82 &WCR: 139 Single Residential: Distance From Intersection: 1980 Industrial: Number of Existing Accesses: 1 Small Commercial: Z Planning Process: RE RECX12-0039 Oil& Gas. Large Commercial: Road Surface Type&Construction Information: Subdivision: Road Surface: Gravel Field (Agricultural Culvert Size&Type: 18"reinforced concrete pipe Only)/Exempt: Start Date: 06/11/2012 Finish Date: 01/11/2013 Materials to Construct Access: high grade gravel 1/2" Required Attached Documents Submitted: Access Pictures: Traffic Control Plan: Yes Certificate of Insurance: Yes A copy of this permit must be on site at all times during construction hours Daily work hours are Monday through Friday DAYLIGHT to'/: HOUR BEFORE DARK(applies to weekends if approved) Approved MUTCD traffic control/warning devices are required before work begins and must remain until completion of work Special Requirements or Comments All access points must be a minimum of 75 feet apart. Please utilize the existing access point for Lot B. Approved by: // /� Janet Carter,Weld County Public Works Date: 4/27/2012 Print Date-Time: 4/27/2012 2:34:31PM Report ID: PW00008v002 Page 1 of 1 zo\0-yam Weld County Public Works Dept. -4 1111HStreet ACCESS PERMIT fl P.O. Box 758 G 7g:- Greeley, CO 80632 APPLICATION FORM B4/C'i 9Q Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Victor Hanson Living Trust Name Melony Tucker Name Victor Hanson - Trustee Company Overland Pass Pipeline (Williams) Address c/o Vickie Hanson Green - 2316 Sunset Lane Address 1050 17th Street - Suite 4 1800 City Greeley State CO Zip 80634 City Denver State CO Zip 80202 Phone (970)339-9452 Business Phone (303) 405-8132 Fax (970)339-9452 Fax (303) 405-8135 E-mail vlhansongreenlcomcast.net E-mail melony.tuckerawilliams.com A= Existing Access A= Proposed Access Parcel Location &Sketch The access is on WCR 822 Nearest Intersection: WCR 82 &WCR 139 WCR 86 Distance from Intersection -1980' (west of intersection) SW/4 SW/4 SE/4 S9 Parcel Number Prey. a part of "072509000004" SW/4SW/4SE/4 Section 9 T7N 057W 139 Section/Township/Range T cc Is there an existing access to the property? YES NO N Number of Existing Accesses None specific to this 10-acres Road Surface Type&Construction Information Asphalt Gravel x Treated Other wce 82 Culvert Size &Type 18" Reinforced concrete pipe Materials used to construct Access Gravel (high grade > 1/2") Construction Start Date 6/11/12 Finish Date 1/11/13 Proposed Use ❑Temporary (Tracking Pad Required)/$75 ❑ Single Residential/$75 ❑ Industrial/$150 ©Small Commercial or Oil &Gas/$75 ❑ Large Commercial/$150 ❑ Subdivision/$150 ❑ Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? a No ®USR @RE ❑ PUD L Other Required Attached Documents -Traffic Control Plan -Certificate of Insurance* -Access Pictures (From the Left, Right, & into the access) Not available at this time - Certificate of insurance info will be provided once contractor is identified By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity;and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances, and state laws regarding facilities construction. Signature Printed Name Date Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 Shaw Environmental and Infrastructure, Inc. Photographic Record Client: Williams Project Number: 144821 Site Name: Buckingham Station Site Location: SW1/4 SW1/4 SP/4, Section 9, Township 7 North, Range 57 West,Weld County, CO Weld County, CO Photographer: Micah Carter Date: • 11/30/2011 Direction: North Comments: View looking north along • x :y; Weld County Road (WCR) At ` �', rr.Jw . yyo" i'.cw" 139 towards the intersection of WCR 82 , , ,__ and WCR 139: this is then closest intersection to the • ` ' � ar n f 9f- 4711€ }.v-t ±,a - 10-acre parcel and * • construction site, which is k �> , located approximately t }}�,: r3 � 0.36-miles to the east k . , ti Photographer: Micah Carter Date: :i- 11/30/2011 Direction: riw ≥ -;i, North `. _ Comments: _.; •- View looking north from WCR 82 across the 3$�w, - existing entrance/access : .- into the southern part of ; x r the East half of Section 9 � 1 , Shaw Environmental and Infrastructure, Inc. Photographic Record Client: Williams Project Number: 144821 Site Name: Buckingham Station Site Location: SW1/4 SW1/4 SE1/4, Section 9, Township 7 North, Range 57 West,Weld County, CO Weld County, CO Photographer: Micah Carter Date: _ 11/30/2011 Direction: East fXf Comments: View from the existing N y gate/access from WCR 82 into the East half of " a Section 9, looking east . fir,,, '•= 1 along the southern boundary of Section 9 t , , adjacent to WCR 82. a ,Fi . • .,. v F L x Photographer: Micah Carter Date: 11/30/2011 Direction: t I 1 East ; ,` ' r 1 Comments: ittrA 'N at. View from the existing , • :4,1,- ,a,h . access from WCR 82 into ` ' the East half of Section 9, x, "'k looking east along WCR w , 82 i Y ? J t Shaw Environmental and Infrastructure, Inc. Photographic Record Client: Williams Project Number: 144821 Site Name: Buckingham Station Site Location: SW4, Wn4 , S , n 7 North1/, RangeS1/ 57SE1/4 West,Weld County9 ,Tow COship Weld County, CO Photographer: Micah Carter EDate: . IFI 11/30/2011 .,. • ,ems- -A +.' s .1s. <y Direction: + t. . ; _ �� / 44'5 , a +tYe ;w �` "-' West t �.._,y,. r -.Act �°� 1 Comments: ° wr. , , View from the existing c ;°-tcN }•'. -.,, -c # eiF am "` . 9:av � " gate/access from WCR � � 8 : < t ,��` ' 82 into the East half of � t S a r ii { 4 ;fie ai 44i.' -..w. if!":v ^ " r):.• Section 9, looking west „; ',�c�� towards the south east 'f corner of the 10-acre L- - - _Y i "' "; parcel will be. :xr,� ' .. r _'s:-Q t C µrt ---4,%, •;,i.. i' r i wi �ti E { : .' "1 ' to-..w.��ti Photographer: Micah Carter I Date: * i 11/30/2011 _. ` Ly. ". iki .� °'f # r °'f L R - ^ y/^ u { �J Direction: West Comments: ; . , ,s S -AT. 7, .41 View from the existing y t s� i�^' '� gate/access from WCR 82 :° .- .-r` into the East half of -- r` ` ' �� q � Section 9, looking west = . "i' Y 'y along WCR 82. r 500-foot warning of road �^ works will be visible here. It ' f V-. ''- Shaw Environmental and Infrastructure, Inc. Photographic Record Client: Williams Project Number: 144821 Site Name: Buckingham Station Site Location: SW1/4 SW1/4 SE1/4, Section 9, Township 7 North, Range 57 West,Weld County, CO Weld County, CO Photographer: 1500-feet sign: "ROAD WORKS" Micah Carter • Date: ' 11/30/2011 I , Direction: _ r M w ft" EastF -, ye Comments: View looking east along " WCR 82 towards the t £ p f r I + existing gate/access. I r k-• - 3R � ' j,r This is the proposed yh � P 4W•ii,>•':4'.ei.ktl, z location of Eastern Access "L".;1:1..;:„.....:*- ti.,✓, � ' ' Yf into the site. sats , �' • +a*, - 1''� { Y y s. a4,.i'+.„:� a „z w.,I Photographer: Micah Carter Date: l -ktr: • 11/30/2011 I 4 I Direction: South i t Comments: � ► "fxgi" _ View of easement and drainage channel on thenorth at the pr side of WCR 8 roposed o aRon2of sic `y � i ��Y the Eastern Access > Y ��p _ � e ..a� . ��`2 �. .'�4 l� ,.•:-1,C,:;"•-, q� ••1 ,gyl+ tix • • a`rg;n ,4 '‘• Shaw Environmental and Infrastructure, Inc. Photographic Record Client: Williams Project Number: 144821 Site Name: Buckingham Station Site Location: SW1/4 SW1/4 SE1/4, Section 9, Township 7 North, Range 57 West,Weld County, CO Weld County, CO Photographer: Micah Carter Date: 11/30/2011 _.._....__._- Direction: West F F • a • Proposed Eastern Access" Comments: ; s ; View from the proposed o ' max Eastern Access looking = west along WCR 82 : 1 f `_ towards the second • F access way. . Ai i 1 t23 a?„st500-foot warningof road ' �� . works will be located at j ' �� ?4 ; the far extent of the photo. ` R'. '144, Gr • Photographer: Micah Carter Date: I 11/30/2011 Y , ,: • �. . ,. " •a+ t I' p,,r. Direction: South Comments: x . 1 • -" � View across easement ` a' and drainage channel on _, - 3, ? , the northern side of WCR a y`. . 3aej 82 at the proposed location of the Western Access into the 10-acre y x y! parcel `ti< a a, . ' ' TRAFFIC CONTROL DIAGRAM - OPPL BUCKINGHAM STATION ACCESS CONSTRUCTION rn m c-I Neighbor's Driveway 500- bet V WCR 82 n 500 feet Neighbor's Driveway rn m U TRAFFIC CONTROL DIAGRAM — OPPL BUCKINGHAM STATION ACCESS CONSTRUCTION 500-feet K 500-feet .' >]' y�E5T EAST Existing Driveway } Into,SEC Section 9 V :.., ACCESS' ACCESS . -lt 6 Neighbor's Driveway CONTROL MEASURES: - During shoulder work only, OPPL will rely on road signs and cones - If construction activities involve partial or active lane closures, OPPL will utilize flaggers Shaw® a world of Solutions August 3, 2012 Mr. Kim Ogle Department of Planning Services Weld County Planning &Zoning 1555 N. 17th Ave. Greeley, CO 80631 RE: Response Package, Case Number USR12-0028, Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility, Including Oil and Gas Support and Services Facility (Buckingham Pipeline Booster Pump Station) in the A (Agricultural) Zone District. Dear Mr. Ogle: Shaw Environmental, Inc. is submitting the attached response package to address referral comments on the Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility, including Oil and Gas Support and Services Facility, located north of and adjacent to County Road 82; 0.5 Mile east of County Road 139, parcel number 0725-09-0-00-004, Case #USR12-0028. If you have any further questions, please contact me at(720)554-8198 or Mr. Jeff Tarde of Williams at(303) 405-8121. Sin cerely, David Way Client Program Manager Shaw Environmental &Infrastructure Group C: Jeff Tarde - Williams Melony Tucker - Williams Laura Kazzaz- Shaw Please Reply To: David Way Phone: 720.554.8198 E-Mail Address: daeidw ay Shaw grp.com 9201 EAST DRY CREEK ROAD, CENTENNIAL, CO 80112 303.741.2000 • FAX 303.741.7479 • SHAW ENVIRONMENTAL & INFRASTRUCTURE GROUP RESPONSE TO REFERRAL AND WELD COUNTY PLANNING DEPARTMENT COMMENTS August 3,2012 CASE NUMBER USR12-0028,A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING AN OIL AND GAS SUPPORT AND SERVICES FACLITY—BUCKINGHAM PIPELINE BOOSTER PUMP STATION,IN THE A ZONE DISTRICT The Department of Planning Services'staff has received responses with comment from the following agencies: • State of Colorado,Division of Parks and Wildlife,referral dated May 25,2012 • Weld County Department of Building Inspection, referral dated June 13,2012 • Weld County Department of Public Works,referral dated June 13,2012 Weld County Department of Public Health and Environment,referral dated June 14,2012 The Department of Planning Services'staff has received responses without comment from the following agencies: • Weld County Zoning Compliance,referral dated May 22,2012 • Centennial Soil Conservation District referral dated May 23,2012 The Department of Planning Services'staff has not received responses from the following agencies: • New Raymer Fire Protection District • Weld County Sheriff's Office # Agency SUBJECT COMMENT RESPONSE 1 Weld County Building A building permit will be required for the booster pump station A building permit was prepared and Department of Building Permit structures and associated equipment.A building permit submitted,including a geotechnical Inspection application must be completed and two complete sets of engineering report,to Weld County on engineered plans including foundation plans bearing the wet July 18,2012. stamp of a Colorado registered architect or engineer must be submitted for review.A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. Buildings and structures shall conform to the requirements of the 1 RESPONSE TO REFERRAL AND WELD COUNTY PLANNING DEPARTMENT COMMENTS August 3,2012 various codes adopted at the time of permit application.Currently the following has been adopted by Weld County:2006 International Building Code;2006 International Mechanical Code; 2006 International Plumbing Code:2006 International Energy Code;2006 International Fuel Gas Code;2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. A plan review shall be approved and a permit must be issued prior to the start of construction. 2 Weld County Public Stormwater The proposed booster pump station will be located adjacent to an A detention pond is being designed and Works Department Drainage ephermal drainage channel. The proposed booster pump station will be constructed to capture the will cover approximately 5 acres of the 10 acre parcel. The runoff from the 100-year developed application indicates that the site will be graveled and several condition and release it at the 5-year structures including two buildings will be constructed. The existing historic rate. property appears to be undeveloped resulting in an imperviousness of approximately 2%. Once the proposed construction occurs,the impervious area of the property will be greater than 40%. Due to the proximity to the channel and the fact that the increased impervious area will result in more stormwater runoff,the proposed project must be include a detention pond that has been sized to capture the runoff from the 100-year developed condition and release it at the 5-year historic rate. 3 Weld County Public Access The applicant has acquired an approved access to the facility The plat has been revised to show the Works Department (AP12-00154),approving 2 access points.All access points must be approved access points and labeled a minimum of 75 feet apart.The drawing is reflecting a 24"RCP with the access permit number.The culvert at both access points,and 2 ten-foot gated entrances access points to the facility are offset 53 feet from the County road. approximately 240 feet apart.The Show the approved access on the plat and label it with the gated entrances are offset 53 feet from approved access permit number{APR). CR82 Right of Way. 4 Weld County Public Traffic A Traffic Management Plan was supplied,identifying that the After speaking with Amy Burry,at the Works Department traffic related to the construction would not substantially impact Weld County Public Works the local traffic in the area.Appropriate signing and right-of-way Department,on August 3,2012,she permits would be required for construction of the entrances at this verified that no right of way permit location. would be required for the construction of the entrances at this location. 2 RESPONSE TO REFERRAL AND WELD COUNTY PLANNING DEPARTMENT COMMENTS August 3,2012 5 Weld County Public Stormwater In order to prevent offsite erosion and damage to CR 82,the See response#2 Works Department applicant must provide a drainage report and construction drawings for a detention pond that has been sized to capture the 100-year developed condition stormwater and release the captured runoff at the 5-year historic rate. The drainage criteria can be found in Chapter 8 of the Weld County Code and in the Engineering Criteria Manual that can be found online at http://www.co.weld.caus/Departments/PublicWorks/Index.html. 6 Weld County Public Grading Since more than 1 acre is to be disturbed,a grading permit will be A grading permit is being prepared and Works Department Permit required prior to the start of construction. The grading permit will be submitted to the Weld County application must contain:an erosion and sediment control plan,a Public Works Department.A copy of grading plan,installation details of all BMPs to be utilized,typical the CDPHE Stormwater Permit for the installation and maintenance notes for all BMPs to be utilized,and Station is attached for reference. a copy of the approved CDPHE stormwater permit. 7 Weld County Public Noxious Pursuant to Chapter 15,Articles I and II of the Weld County Code, Noted Works Department weeds if noxious weeds exist on the property or become established as a result of the proposed development,the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation,other than grasses,needs to be maintained at a maximum height of 12 inches until the area is completely developed. 8 Weld County Public Drainage A final drainage report stamped,signed,and dated by a A drainage report is being prepared Works Department Report professional engineer licensed in the State of Colorado is required and will be submitted with the and shall conform to Weld County Code 24-7-130.D and Ordinance stormwater detention design. 2006-7. 9 Weld County Public Drainage Weld County shall not be responsible for the maintenance of on- Noted Works Department site drainage related areas. 10 Weld County Public Stormwater In the event that 1 or more acres are disturbed during the A stormwater discharge permit has Works Department Discharge construction and development of this site,the applicant shall been obtained from CDPHE and is Permit obtain a stormwater discharge permit from the Water Quality attached. Control Division of the Colorado Department of Public Health and Environment. 3 RESPONSE TO REFERRAL AND WELD COUNTY PLANNING DEPARTMENT COMMENTS August 3,2012 11 Weld County Public Plat If more than 1 acre is to be disturbed,a grading permit will be See#6 Works Department required prior to the start of construction. The grading permit application must contain:an erosion and sediment control plan,a grading plan,installation details of all BMPs to be utilized,typical installation and maintenance notes for all BMPs to be utilized,and a copy of the approved CDPHE stormwater permit. 12 Weld County Public Right of Way Contact the Permitting/Inspection agent for Weld County Public After speaking with Amy Burry,at the Works Department and Works,at(970)304-6496,ext.3764 for a Right-of-Way permit for Weld County Public Works Transport any work that may be required in the right-of-way on CR 82. A Department,on August 3,2012,she Permits special transport permit will be required for any oversized or verified that no right of way permit overweight vehicles that may access the site and may also be would be required for the construction obtained through the same office. of the entrances at this location. Special Transport Permits will be obtained by construction contractors as necessary for the facility construction. 13 Colorado Parks and Nest Ground-breaking construction occurs between August 15 and April Construction activities will not take Wildlife(CPW) Clearance 1 to prevent the destruction of nesting wildlife.If construction place prior to August 15.Construction Surveys processes cannot be completed outside of the critical nesting activities will be complete prior to April periods,CPW recommends that the developer conducts nest 1,2013. clearance surveys for tree and ground nesting birds prior to ground-breaking activities to insure that nests and/or young are not disturbed or destroyed as a result of construction activities. 14 Colorado Parks and Noxious Noxious weed and re-vegetation management plans are A noxious weeds and re-vegetation Wildlife(CPW) Weed developed and implemented in areas where there will be ground management plan is attached.This disturbance due to construction activities.With new ground- plan will be implemented during disturbing construction taking place and machinery being construction. transported from one site to another,it is important to take adequate measures to prevent the spread of noxious weeds. Therefore,CPW recommends that a noxious weed and re- vegetation management plan should be developed and implemented until all disturbed areas are properly re-vegetated with native species representative of the surrounding site. In addition to actively eradicating noxious weeds within the project area,part of the weed management plan should include measures 4 RESPONSE TO REFERRAL AND WELD COUNTY PLANNING DEPARTMENT COMMENTS August 3,2012 such as cleaning construction and maintenance equipment when moving from site to site to prevent the spread of noxious weeds. When developing a native species re-vegetation plan,CPW recommends that the developer use a success standard of 80% coverage of native vegetation as a measure of successful reclamation. 15 Colorado Parks and Fencing Any fence building on site are constructed with a wildlife friendly The fencing recommendation is noted. Wildlife(CPW) design.CPW recommends that fencing is limited to that needed to However,for security and safety protect the project and fulfill MSHA requirements. Where needed, reasons,the booster pumping station CPW encourages the developer to use wildlife friendly fence to and associated electrical support has ensure wildlife access to essential habitat,avoid creation of specific fencing requirements designed movement barriers,and prevent wildlife injury/death caused by to exclude human and wildlife access fencing. Fencing plans should avoid woven wire designs that will to the site. trap or prevent movement of wildlife,unless specifically used to exclude humans and/or wildlife for facility safety or security. If barbed wire fencing is used,CPW recommends the use of three/four strand fencing with a bottom strand height of 17 inches and a maximum top strand height of 42 inches,along with installation of double stays between posts. 16 Environmental Health Air Pollution The applicant shall submit evidence of an Air Pollution Emission A copy of the Construction Permit# Services Notice(A.P.E.N.)and Emissions Permit application from the Air 12WE1104 from CDP HE is attached. Pollution Control Division,Colorado Department of Health and Environment,if applicable.Alternately,the applicant can provide evidence from the APCD that they are not subject to these requirements. 17 Environmental Health Add to All liquid and solid wastes(as defined in the Solid Wastes Disposal Agreed Services development Sites and Facilities Act,30 20 100.5,C.R.5.,as amended)shall be standards stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 18 Environmental Health Add to No permanent disposal of wastes shall be permitted at this site. Agreed Services development This is not meant to include those wastes specifically excluded standards from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act,30 20 100.5,C.R.5.,as amended. 19 Environmental Health Add to Waste materials shall be handled,stored,and disposed in a Agreed Services development manner that controls fugitive dust,fugitive particulate emissions, standards blowing debris,and other potential nuisance conditions. 5 RESPONSE TO REFERRAL AND WELD COUNTY PLANNING DEPARTMENT COMMENTS August 3,2012 20 Environmental Health Add to Fugitive dust and fugitive particulate emissions shall be controlled Agreed.Dust control management Services development on this site. plans included in the Construction standards Stormwater Management Plan will be performed during construction. 21 Environmental Health Add to This facility shall adhere to the maximum permissible noise levels Agreed Services development allowed in the Industrial Zone as delineated in Section 14-9-30 of standards the Weld County Code or all applicable State noise statutes and/or regulations. 22 Environmental Health Add to Adequate drinking(bottled water),toilet facilities(portable toilets) Agreed Services development and hand washing units shall be provided during construction of standards the facility. 23 Environmental Health Add to The applicant shall obtain a Colorado Discharge Permit System or See#10 Services development CDPS permit from the Colorado Department of Public Health and standards Environment(CDPH&E),Water Quality Control Division,as applicable. 24 Environmental Health Add to The operation shall comply with all applicable rules and Agreed Services development regulations of State and Federal agencies and the Weld County standards Code. 25 Department of Plat All sheets of the plat shall be labeled USR12-0028 The plat has been revised so that all Planning Services sheets are labeled USR12-0028. 26 Department of Plat The attached Development Standards Noted Planning Services 27 Department of Plat The plat shall be prepared in accordance with Section 23-2-260.D Noted Planning Services of the Weld County Code. 28 Department of Plat The applicant shall delineate the trash collection areas. Section Since this is not a manned station,very Planning Services 23-2-260.C.11 and Section 233350.A.6 of the Weld County Code little,if any trash will be collected. address the issue of trash collection areas. Areas used for storage Therefore,trash will be removed as or trash collection shall be screened from adjacent public rights of generated. way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. 29 Department of Plat The approved Lighting Plan for the Facility. Lighting plan information is attached. Planning Services 30 Department of Plat The approved Sign Plan for the Facility. Sign plan information is attached. Planning Services 6 RESPONSE TO REFERRAL AND WELD COUNTY PLANNING DEPARTMENT COMMENTS August 3,2012 31 Department of Lighting Plan The applicant shall submit a Lighting Plan for review and approval See#29. Planning Services and include the manufacture's cut sheets for each of the proposed lighting fixtures and lamps to the Department of Planning Services, specifically addressing Section 23-2-250.B.6 of the Weld County Code. 32 Department of agreement The applicant shall either submit a copy of an agreement with the A copy of the agreement with the Planning Services with the property's mineral owner/operators stipulating that the oil and gas property owner is attached. property's activities have been adequately incorporated into the design of mineral the site or show evidence that an adequate attempt has been owner/opera made to mitigate the concerns of the mineral owner/operators. tors Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. 33 Department of Sign Plan The applicant shall submit a Sign Plan for review and approval to Sign plan information is attached. Planning Services the Department of Planning Services,specifically addressing Section 23-4-90 of the Weld County Code. 34 Department of Plat The applicant shall submit two(2)paper copies of the plat for 2 paper copies will be submitted. Planning Services preliminary approval to the Weld County Department of Planning Services. 35 Department of Plat Upon completion of recording the plat the applicant shall submit a Agreed Planning Services Mylar plat along with all other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty(120)days from the date of the Board of County Commissioners resolution.The applicant shall be responsible for paying the recording fee. 36 Department of Submittal The Department of Planning Services respectively requests the Agreed.Digital files will be provided Planning Services surveyor provide a digital copy of this Amended Use by Special upon completion. Review. Acceptable CAD formats are.dwg,.dxf,and.dgn (Microstation);acceptable GIS formats are ArcView shapefiles, Arcl nfo Coverages and Arclnfo Export files format type is.e00. The preferred format for Images is.tif(Group 4).(Group 6 is not acceptable).This digital file may be sent to maps@co.weld.co.us. 7 RESPONSE TO REFERRAL AND WELD COUNTY PLANNING DEPARTMENT COMMENTS August 3,2012 37 Department of Plat In accordance with Weld County Code Ordinance 2005-7 approved Noted Planning Services June 1,2005,should the plat not be recorded within the required one hundred twenty(120)days from the date of the Board of County Commissioners resolution a$50.00 recording continuance charge shall be added for each additional 3 month period. 38 Department of Plat The Special Review activity shall not occur nor shall any building or Noted Planning Services electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 39 Department of Public Plat County Road 82 is designated on the Weld County Road The right-of-way information is being Works Classification Plan as a local gravel road,which requires 60 feet of verified.The plat will be revised to right-of-way at full build out.The applicant shall verify the existing reflect the right-of-way and setback right-of-way and the documents creating the right-of-way and this information noted. information shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified,it shall be dedicated. This road is maintained by Weld County. 40 Department of Public Plat The applicant has acquired an approved access to the facility Works (AP12-00154),approving 2 access points.All access points must be a minimum of 75 feet apart.The drawing is reflecting a 24" reinforced concrete pipe(RCP)culvert at both access points,and 2 ten-foot gated entrances offset 53 feet from the County road. Show the approved access on the plat and label it with the approved access permit number(AP#). 41 Department of Public Drainage The proposed booster pump station will be located adjacent to an See#2 Works ephermal drainage channel. The proposed booster pump station will cover approximately 5 acres of the 10 acre parcel. The application indicates that the site will be graveled and several structures including two buildings will be constructed. The existing property appears to be undeveloped resulting in an imperviousness of approximately 2%. Once the proposed construction occurs,the impervious area of the property will be greater than 40%. Due to the proximity to the channel and the fact that the increased impervious area will result in more 8 RESPONSE TO REFERRAL AND WELD COUNTY PLANNING DEPARTMENT COMMENTS August 3,2012 stormwater runoff,the proposed project must be include a detention pond that has been sized to capture the runoff from the 100-year developed condition and release it at the 5-year historic rate. In order to prevent offsite erosion and damage to CR 82,the applicant must provide a drainage report and construction drawings for a detention pond that has been sized to capture the 100-year developed condition stormwater and release the captured runoff at the 5-year historic rate. The drainage criteria can be found in Chapter 8 of the Weld County Code and in the Engineering Criteria Manual that can be found online at http://www.caweld.caus/Departments/PublicWorksindex.html 42 Department of Public Traffic Plan A Traffic Management Plan was supplied,identifying that the After speaking with Amy Burry,at the Works traffic related to the construction would not substantially impact Weld County Public Works the local traffic in the area.Appropriate signing and right-of-way Department,on August 3,2012,she permits would be required for construction of the entrances at this verified that no right of way permit location. would be required for the construction of the entrances at this location. 43 Department of Public Grading In the event that 1 or more acres are to be disturbed,a grading See#6 Works Permit permit will be required prior to the start of construction. The grading permit application must contain:an erosion and sediment control plan,a grading plan,installation details of all BMPs to be utilized,typical installation and maintenance notes for all BMPs to be utilized,and a copy of the approved CDPHE stormwater permit. 44 Department of Public Stormwater In the event that 1 or more acres are disturbed during the See#10 Works Discharge construction and development of this site,the applicant shall Permit obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. 45 Department of Public Drainage A final drainage report stamped,signed,and dated by a See#2 Works Report professional engineer licensed in the State of Colorado is required and shall conform to Weld County Code 24-7-130.D and Ordinance 2006-7. 9 ATTACHMENT A - CDPHE Construction Stormwater Permit STATE OF COLORADO John W. Hickenlooper,Governor /e•taro Christopher E.Urbina, MD,MPH 'w .p Executive Director and Chief Medical Officer ;FQ 5, Dedicated to protecting and Improving the health and environment of the people of Colorado *-t a j * 4300 Cherry Creek Dr.S. Laboratory Services Division ,d187e_4% Denver,Colorado 80246-1530 8100 Lowry Blvd. Phone(303)692-2000 Denver,Colorado 80230-6928 Colorado Department Located in Glendale,Colorado (303)692-3090 of Public Health hitp:/Avww.cdphe.state.co.us and Environment June 5,2012 • Cherie Humphries,GM Overland Pass Pipeline Co LLC One Williams Ctr Fl 17 Tulsa,OK 74172 RE: Certification,Colorado Discharge Permit System Permit No.,COR030000,Certification Number:COR031166 Dear Mr./Ms.Humphries; The Water Quality Control Division(the Division)has reviewed the application submitted for the Buckingham Pump Station facility and determined that it qualifies for coverage under the CDPS General Permit for Stormwater Discharges Associated with Construction Activities(the permit). Enclosed please find a copy of the permit certification,which was issued under the Colorado Water Quality Control Act. Facility:Buckingham Pump Station Weld County Construction Activities:Construction of pump station on existing NGL pipeline, Legal Contact(receives all legal documentation pertaining to the permit certification): Cherie Humphries,GM Phone number:918-573-9560 Overland Pass Pipeline Co LLC Email:cherie.humphries@williams.com One Williams Ctr Fl 17 Tulsa, OK 74172 Facility Contact(contacted for general inquiries regarding the facility): Pete Torres,Mgr Ops Phone number:918-872-2833 Email:pete.torres@williams.com Billing Contact(receives the invoice pertaining to the permit certification): Jason Odam,Proj Support Analyst III Phone number:918-573-2538 Overland Pass Pipeline Co LLC Email:Jason.odam@williams.com One Williams Ctr Fl 17 Tulsa,OK 74172 Any changes to the contacts listed above must be provided to the Division on a Change of Contact form.This form is available on the Division's website at coloradowaterpermits.com. The Annual Fee for this certification is$245.00,and is invoiced every July. Do Not Pay This Now.The Initial prorated invoice will be sent to the legal contact shortly. The Division is currently developing a new permit and associated certification for the above permitted facility. The development and review procedures required by law have not yet been completed. The Construction Stormwater General Permit,which will expire June 30,2012,will be administratively continued and will remain in effect under Section 104(7)of the Administrative Procedures Act,C.R.S. 1973,24-4-101,et seq(1982 repl.vol.10)until a new permit/certification is issued and effective. The renewal for this facility will be based on the application that was received 5/31/2012. Please read the enclosed permit and certification.If you have any questions please contact Matt Czahor,Environmental Protection Specialist,at(303) 692-3575. Sincerely, G . 42/ Debbie Jessop,Program Assistant WATER QUALITY CONTROL DIVISION Enclosures:Certification page;General Permit;Highlight Sheet;Termination form xc: Permit File /dkj cert o<0 �^°J CERTIFICATION TO DISCHARGE use Colorado Department UNDER ofPub&cllealth andfn,ieonment CDPS GENERAL PERMIT COR-0300000 STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES Certification Number: COR03J166 This Certification to Discharge specifically authorizes: Overland Pass Pipeline Co LLC to discharge stormwater from the facility identified as Buckingham Pump Station To the waters of the State of Colorado, including, but not limited to: Unnamed dry creek-South Platte River Facility Industrial Activity : Construction of pump station on existing NGL pipeline, Facility Located at: CR 82 & CR 139, New Raymer Weld County, CO 80742 Latitude 40/34/57, Longitude -103/45/41.4 Certification is effective: 6/5/2012 Certification Expires: 6/30/2012 This certification under the permit requires that specific actions be performed at designated times. The certification holder is legally obligated to comply with all terms and conditions of the permit. Signed, Nathan Moore Construction/MS4/Pretreatment Unit Manager Water Quality Control Division Page 1 of 22 HIGHLIGHTS CONSTRUCTION ACTIVITY STORMWATER GENERAL PERMIT PERMIT REQUIREMENTS: * Inspections: Inspection of stormwater management system required at least every 14 days and after any precipitation or snowmelt event that causes surface erosion. (See Inspections, page 12 of the permit, enclosed.) * Records: Records of inspections must be kept and be available for review by the Division. * Stormwater Management Plan (SWMP): A copy of the SWMP must be kept on the construction site at all times. PERMIT FEE: * Send payment only when you receive an invoice (sent once a year). PERMIT TERMINATION AND TRANSFER: * If the facility is finally stabilized, you may inactivate the permit, using the enclosed Division form. * "Final stabilization " is reached when all the construction is complete, paving is finished, and the vegetation (grass, etc.) is established, not just reseeded. See permit, page 9. * If the entire site changes ownership, you should transfer the permit to the new owner. * If part of the site will be sold to a new owner, you will need to reassign permit coverage. * Forms for these actions are available on our website, below. Also see page 5 of the permit. QUESTIONS? * www.coloradowaterpermits.com * Email cdphe.wqstormAstate.co.us * Or call (303)692-3517, ask for Matt Czahor or Kathy Rosow 6/07 STATE OF COLORADO - Bill Ritter,Jr.,Governor James B. Martin,Executive Director ��o Lod Dedicated to protecting and improving the health and environment of the people of Colorado re%` . 4300 Cherry Creek Dr.S. Laboratory Services Division ',*jtc,°} y/*' Denver, Colorado 80246-1530 8100 Lowry Blvd. '" -'"'�• Phone(303)692-2000 Denver,Colorado 80230-6928 +87e TDD Line(303)691-7700 (303)692-3090 Colorado Department Located in Glendale, Colorado P of Public Health http://www.cdphe.state.co.us and Environment Colorado Water Quality Control Division Notice of Termination Construction Stormwater Inactivation Notice www.coloradowaterpermits.com Print or type all information. All items must be filled out completely and correctly. If the form is not complete, it will be returned. All permit terminations dates are effective on the date approved by the Division. MAIL ORIGINAL FORM WITH INK SIGNATURES TO THE FOLLOWING ADDRESS: Colorado Dept of Public Health and Environment Water Quality Control Division • 4300 Cherry Creek Dr South, WQCD-P-B2 Denver, CO 80246-1530 FAXED OR EMAILED FORMS WILL NOT BE ACCEPTED. • PART A. IDENTIFICATION OF PERMIT Please write the permit certification number to be terminated Permit Certification Number (four digits, not "0000"): COR03 • PART B. PERMITTEE INFORMATION Company Name Mailing Address City State Zip code Legal Contact Name Phone number Title Email • PART C. FACILITY/PROJECT INFORMATION Facility/Project Name Location(address) City County Zip code Local Contact Name Phone number Title Email Page 1 of 2 form last revised July 2009 COLORADO WATER QUALITY CONTROL DIVISION NOTICE OF TERMINATION www.coloradowaterpermits.com • PART D. TERMINATION VALIDATION CRITERIA One of the criteria (1 or 2) below must be met, the appropriate box checked, and the required additional information provided. Part E includes a certification that the criteria indicated has been met. 1: Finally Stabilized or Construction Not Started -The permitted activities covered under the certification listed in Part A meet the requirements for FINAL STABILIZATION in accordance with the permit,the Stormwater Management Plan, and as described below. This criterion should also be selected if construction was never started and no land was disturbed,and an explanation of this condition provided in the description below. Final stabilization is reached when:all ground surface disturbing activities at the site have been completed including removal of all temporary erosion and sediment control measure,and uniform vegetative cover has been established with an individual plant density of at least 70 percent of predisturbance levels,or equivalent permanent,physical erosion reduction methods have been employed. REQUIRED for Criteria 1-Describe the methods used to meet the final stabilization c described above: Include an attachment if additional space is required. -OR- 2: Separate Permit Coverage or Full Reassignment-All ongoing construction activities, including all disturbed areas,covered under the permit certification listed in Part A have coverage under a separate CDPS stormwater construction permit, including the permit certification issued when Division's Reassignment Form was used by the permittee to reassign all areas/activities. REQUIRED for Criteria 2—Provide the permit certification number covering the ongoing activities: COR03 One of the two criteria above MUST BE CHECKED and the required information for that criterion provided, STOP! or this form will not be processed and the permit will remain active. • PART E. CERTIFICATION SIGNATURE (Required for all Termination Requests) I understand that by submitting this notice of inactivation, I am no longer authorized to discharge stormwater associated with construction activity by the general permit. I understand that discharging pollutants in stormwater associated with construction activities to the waters of the State of Colorado,where such discharges are not authorized by a CDPS permit, is unlawful under the Colorado Water Quality Control Act and the Clean Water Act. I certify under penalty of law that I have personally examined and am familiar with the information submitted herein, and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. (See 18 U.S.C 1001 and 33 U.S.C. 1319.) I also certify that I am a duly authorized representative of the permittee named in Part B. Signature of Legally Responsible Party Date Signed Name(printed) Title Signatory requirements:This form shall be signed,dated,and certified for accuracy by the permittee in accordance with the following criteria: 1. In the case of a corporation,by a principal executive officer of at least the level of vice-president,or his or her duly authorized representative,if such representative is responsible for the overall operation of the operation from which the discharge described herein originates; 2. In the case of a partnership,by a general partner; 3. In the case of a sole proprietorship, by the proprietor; 4. In the case of a municipal,state,or other public operation,by wither a principal executive officer,ranking elected official,or other duly authorized employee. Page 2 of 2 form last revised July 2009 Page 2 of 22 Permit No. COR-030000 CDPS GENERAL PERMIT STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY AUTHORIZATION TO DISCHARGE UNDER THE COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., CRS, 1973 as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the "Act"), this permit authorizes the discharge of stormwater associated with construction activities (and specific allowable non-stormwater discharges in accordance with Part I.D.3 of the permit) certified under this permit, from those locations specified throughout the State of Colorado to specified waters of the State. Such discharges shall be in accordance with the conditions of this permit. This permit specifically authorizes the facility listed on page 1 of this permit to discharge, as of this date, in accordance with permit requirements and conditions set forth in Parts I and II hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit. This permit and the authorization to discharge shall expire at midnight, June 30, 2012. Issued and Signed this 31'' day of May, 2007 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Janet S. Kieler Permits Section Manager Water Quality Control Division SIGNED AND ISSUED MAY 31, 2007 EFFECTIVE JULY 1, 2007 TABLE OF CONTENTS PART 1 A. COVERAGE UNDER THIS PERMIT 3 I. Authority to Discharge 3 a) Applicable Sections 3 b) Oil and Gas Construction 3 2. Definitions 3 3. Permit Coverage Without Application—Qualifying Local Programs 3 a) Applicable Sections 3 b) Local Agency Authority 4 c) Permit Coverage Termination 4 d) Compliance with Qualifying Local Program 4 e) Full Permit Applicability 4 4. Application, Due Dates 4 a) Application Due Dates 4 b) Summary of Application 4 5. Permit Certification Procedures 4 a) Request for Additional Information 4 b) Automatic Coverage 5 c) Individual Permit Required 5 d) General vs. Individual Permit Coverage 5 e) Local Agency Authority 5 6. Inactivation Notice 5 7. Transfer of Permit 5 8. Reassignment of Permit 5 9. Sale of Residence to Homeowners 6 10. Permit Expiration Date 6 11. Individual Permit Criteria 6 B. STORMWATER MANAGEMENT PLAN-GENERAL REQUIREMENTS 6 C. STORM WATER MANAGEMENT PLAN—CONTENTS 7 L Site Description 7 2. Site Map 7 3. Stormwater Management Controls 8 a) SWMP Administrator 8 b) Identification of Potential Pollutant Sources 8 c) Best Management Practices(BMPs)for Stormwater Pollution Prevention 8 4. Final Stabilization and Long-term Stormwater Management 9 5. Inspection and Maintenance 10 D. TERMS AND CONDITIONS 10 1. General Limitations - 10 2. BMP Implementation and Design Standards 10 3. Prohibition of Non-Stormwater Discharges 11 4. Releases in Excess of Reportable Quantities 11 5. SWMP Requirements I I a) SWMP Preparation and Implementation 11 b) SWMP Retention Requirements I I c) SWMP Review/Changes I d) Responsive SWMP Changes 12 6. Inspections 12 a) Minimum Inspection Schedule - 12 b) Inspection Requirements 13 c) Required Actions Following Site Inspections 13 7. BMP Maintenance 13 8. Replacement and Failed BMPs 14 9. Reporting 14 -2a- TABLE OF CONTENTS(cont.) 10. S\VMPAvailability 14 11. Total Maximum Daily Load(TMDL) 14 E. ADDITIONAL DEFINITIONS 15 F. GENERAL REQUIREMENTS 16 1. Signatory Requirements 16 2. Retention of Records 16 3. Monitoring 16 PART II A. MANAGEMENT REQUIREMENTS 17 I. Amending a Permit Certification 17 2. Special Notifications- Definitions 17 3. Noncompliance Notification 17 4. Submission of Incorrect or Incomplete Information 18 5. Bypass 18 6. Upsets 18 7. Removed Substances 18 8. Minimization of Adverse Impact 18 9. Reduction, Loss,or Failure of Stonnwater Controls 19 10. Proper Operation and Maintenance 19 B. RESPONSIBILITIES 19 I. Inspections and Right to Entry 19 2. Duty to Provide Information 19 3. Transfer of Ownership or Control 19 4. Modification,Suspension,or Revocation of Permit By Division 20 5. Permit Violations 21 6. Legal Responsibilities 21 7. Severability 21 8. Renewal Application 21 9. Confidentiality 21 10. Fees 21 11. Requiring an Individual CDPS Permit 22 2b PART I Permit-Page 3 Permit No. COR-030000 PART I A. COVERAGE UNDER THIS PERMIT I. Authority to Discharge Under this permit, facilities are granted authorization to discharge stormwater associated with construction activities into waters of the state of Colorado.This permit also authorizes the discharge of specific allowable non-stormwater discharges, in accordance with Part I.D.3 of the permit,which includes discharges to the ground.This includes stormwater discharges from areas that are dedicated to producing earthen materials, such as soils,sand and gravel,for use at a single construction site(i.e.,borrow or fill areas). This permit also authorizes stormwater discharges from dedicated asphalt batch plants and dedicated concrete batch plants. (Coverage under the construction site permit is not required for batch plants if they have alternate CDPS permit coverage.) This permit does not authorize the discharge of mine water or process water from such areas. a) Applicable Sections: In accordance with Part I.A.3 of this permit,some parts of this permit do not apply to sites covered under a Qualifying Local Program,as defined in I.A.2.d. For sites not covered by a Qualifying Local Program, all parts of the permit apply except Part I.A.3. The permittce will be responsible for determining and then complying with the applicable sections. b) Oil and Gas Construction: Stormwater discharges associated with construction activities directly related to oil and gas exploration,production,processing,and treatment operations or transmission facilities are regulated under the Colorado Discharge Permit System Regulations(5CCR 1002-61),and require coverage under this permit in accordance with that regulation. However,references in this permit to specific authority under the Federal Clean Water Act(CWA)do not apply to stormwater discharges associated with these oil and gas related construction activities,to the extent that the references are limited by the federal Energy Policy Act of 2005. 2. Definitions a) Stormwater: Stormwater is precipitation-induced surface runoff: b) Construction activity: Construction activity refers to ground surface disturbing activities, which include, but are not limited to,clearing,grading,excavation,demolition,installation of new or improved haul roads and access roads,staging areas,stockpiling of fill materials,and borrow areas.Construction does not include routine maintenance to maintain original line and grade,hydraulic capacity,or original purpose of the facility. c) Small construction activity: Stormwater discharge associated with small construction activity means the discharge of stormwater from construction activities that result in land disturbance of equal to or greater than one acre and less than five acres. Small construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale, if the larger common plan will ultimately disturb equal to or greater than one and less than five acres. d) Qualifying Local Program: This permit includes conditions that incorporate qualifying local erosion and sediment control program (Qualifying Local Program)requirements by reference. A Qualifying Local Program is a municipal stormwater program for stonmwater discharges associated with small construction activity that has been formally approved by the Division. Other Definitions: Definitions of additional terms can be found in Part I.E.of this permit. 3. Permit Coverage Without Application— for small construction activities under a Qualifying Local Program only If a small construction site is within the jurisdiction of a Qualifying Local Program,the operator of the construction activity is authorized to discharge stormwater associated with small construction activity tinder this general permit without the submittal of an application to the Division. a) Applicable Sections: For sites covered by a Qualifying Local Program,only Parts I.A.I, I.A.2, I.A.3, LD.I, I.D.2, I.D.3,1.D.4, I.D.7,I.D.8, LD.I I,LE and Part II of this permit, with the exception of Parts II.A.1,II.B.3,II.B.8, and II.B10,apply. PART I Permit- Page 4 Permit No.COR-030000 A. COVERAGE UNDER THIS PERMIT(cont.) b) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit, restrict,or control discharges of stonmvater to storm drain systems or other water courses within their jurisdiction. c) Permit Coverage Termination: When a site under a Qualifying Local Program has been finally stabilized, coverage under this permit is automatically terminated. d) Compliance with Qualifying Local Program: A construction site operator that has authorization to discharge under this permit under Part I.A.3 shall comply with the requirements of the Qualifying Local Program with jurisdiction over the site. e) Full Permit Applicability: The Division may require any operator within the jurisdiction ofa Qualifying Local Program covered under this permit to apply for and obtain coverage under the full requirements of this permit.The operator must be notified in writing that an application for full coverage is required. When a permit certification tinder this permit is issued to an operator that would otherwise be covered under Part I.A.3 of this permit,the fill requirements of this permit replace the requirements as per Part I.A.3 of this permit,upon the effective date of the permit certification. A site brought under the full requirements of this permit must still comply with local stormwater management requirements,policies or guidelines as required by Part I.D.I.g of this permit. 4. Application,Due Dates a) Application Due Dates: At least ten calendar days prior to the commencement of construction activities,the applicant shall submit an application form as provided by the Division,with a certification that the Stormwater Management Plan(S\VMP)is complete. One original completed discharge permit application shall be submitted,by mail or hand delivery,to: Colorado Department of Public Health and Environment Water Quality Control Division WQCD-Permits-B2 4300 Cherry Creek Drive South Denver,Colorado 80246-1530 b) Summary of Application: The application requires,at a minimum,the following: 1) The applicant's company name; address;telephone number;and email address(if available);whether the applicant is the owner,developer,or contractor;and local contact information; 2) Project name,address,county and location of the construction site, including the latitude and longitude to the nearest 15 seconds of the approximate center of the construction activity; 3) Legal description or map of the construction site; 4) Estimates of: the total area of the site,the area of the site that is expected to be disturbed,and the total area of the larger common plan of development or sale to undergo disturbance; 5) The nature of the construction activity; 6) The anticipated start date and final stabilization date for the project; 7) The name of the receiving water(s),or the municipal separate storm sewer system and the ultimate(i.e.,named) receiving water(s); 8) Certification that the S\VMP for the construction site is complete(see Part I.C.below);and 9) The signature of the applicant,signed in accordance with Part I.F.I of this permit. 5. Permit Certification Procedures If this general permit is appropriate for the applicant's operation,then a certification will be developed and the applicant will be authorized to discharge stormwater under this general permit. a) Request for Additional Information: The Division shall have up to ten calendar days after receipt of the above information to request additional data and/or deny the authorization for any particular discharge. Upon receipt of additional information,the Division shall have an additional ten calendar days to issue or deny authorization for the particular discharge. (Notification of denial shall be by letter, in cases where coverage tinder an alternate general permit or an individual permit is required,instead of coverage under this permit.) PARTI Permit- Page 5 Permit No.COR-030000 A. COVERAGE UNDER THIS PERMIT(cont.) b) Automatic Coverage: If the applicant does not receive a request for additional information or a notification of denial from the Division dated within ten calendar days of receipt of the application by the Division,authorization to discharge in accordance with the conditions of this permit shall be deemed granted. e) Individual Permit Required: if,after evaluation of the application(or additional information, such as the SWMP), it is found that this general permit is not appropriate for the operation,then the application will be processed as one for an individual permit. The applicant will be notified of the Division's decision to deny certification under this general permit. For an individual permit,additional information may be requested,and 180 days may be required to process the application and issue the permit. At the Division's discretion,temporary coverage under this general permit may be allowed until the individual permit goes into effect. d) General vs. Individual Permit Coverage: Any permittee authorized by this permit may request to be excluded from the coverage of this permit by applying for an individual CDPS permit. The pennittee shall submit an individual application,with reasons supporting the request,to the Division at least 180 days prior to any discharge. e) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit, restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. 6. Inactivation Notice When a site has been finally stabilized in accordance with the SWMP,the permittee must submit an Inactivation Notice form that is signed in accordance with Part i.F.1.of this permit. The Inactivation Notice form is available from the Division and includes: a) Permit certification number; b) The permittee's name, address,telephone number; c) Name, location,and county for the construction site for which the inactivation notice is being submitted; and d) Certification that the site has been finally stabilized,and a description of the final stabilization method(s). 7. Transfer of Permit When responsibility for stormwater discharges at a construction site changes from one entity to another,the permittee shall submit a completed Notice of Transfer and Acceptance of Terms form that is signed in accordance with Part I.F.I.of this permit. The Notice of Transfer form is available from the Division and includes: a) Permit certification number; b) Name, location, and county for the construction site for which the Notice of Transfer is being submitted; c) Identifying information for the new permittee; d) Identifying information for the current permittee;and e) Effective date of transfer. If the new responsible party will not complete the transfer form,the permit may be inactivated upon written request to the Division and completion of the Inactivation Notice if the permittee has no legal responsibility,through ownership or contract, for the construction activities at the site. In this case,the new owner or operator would be required to obtain permit coverage separately. 8. Reassignment of Permit \Vhen a permittee no longer has control of a specific portion of a permitted site,and wishes to'transfer coverage of that portion of the site to a second party,the permittee shall submit a completed Notice of Reassignment of Permit Coverage form that is signed in accordance with Part i.F.I.of this permit.The Notice of Reassignment of Permit Coverage form is available from the Division and includes: • a) Current permit certification number; b) Identifying information and certification as required by Part I.A.4.b for the new permittee; c) Identifying information for the current permittee,revised site information and certification for reassignment;and d) Effective date of reassignment. PART I Permit-Page 6 Permit No.COR-030000 A. COVERAGE UNDER THIS PERMIT(cont.) If the new responsible party will not complete the reassignment form,the applicable portion of the permitted site may be removed from permit coverage upon written request to the Division if the permittee has no legal responsibility,through ownership or contract, for the construction activities at the portion of the site. In this case,the new owner or operator would be required to obtain permit coverage separately. 9. Sale of Residence to Homeowners For residential construction only,when a residential lot has been conveyed to a homeowner and all criteria in paragraphs a through e,below,are met,coverage under this permit is no longer required and the conveyed lot may be removed from coverage under the permittee's certification. At such time,the permittee is no longer responsible for meeting the terms and conditions of this permit for the conveyed lot,including the requirement to transfer or reassign permit coverage. The permittee remains responsible for inactivation of the original certification. a) The lot has been sold to the homeowner(s)for private residential use; b) the lot is less than one acre of disturbed area; c) all construction activity conducted by the permittee on the lot is completed; d) a certificate of occupancy(or equivalent)has been awarded to the home owner;and e) the SWMP has been amended to indicate the lot is no longer covered by permit. Lots not meeting all of the above criteria require continued permit coverage. However,this permit coverage may be transferred(Part I.A.7,above)or reassigned(Part 1.A.8,above)to a new owner or operator. 10. Permit Expiration Date Authorization to discharge tinder this general permit shall expire on June 30,2012. The Division must evaluate and reissue this general permit at least once every five years and must recertify the permittee's authority to discharge under the general permit at such time. Therefore, a permittce desiring continued coverage under the general permit must reapply by March 31, 2012. The Division will initiate the renewal process;however, it is ultimately the permittee's responsibility to ensure that the renewal is submitted.The Division will determine if the permittee may continue to operate under the terms of the general permit. An individual permit may be required for any facility not reauthorized to discharge under the reissued general permit. I I. Individual Permit Criteria Various criteria can be used in evaluating whether or not an individual(or alternate general)permit is required instead of this general permit. This information may come from the application,SWMP,or additional information as requested by the Division,and includes,but is not limited to,the following: a) the quality of the receiving waters(i.e., the presence of downstream drinking water intakes or a high quality fishery, or for preservation of high quality water); b) the size of the construction site; c) evidence of noncompliance under a previous permit for the operation; d) the use of chemicals within the stormwater system;or e) discharges of pollutants of concern to waters for which there is an established Total Maximum Daily Load(TMDL). In addition,an individual permit may be required when the Division has shown or has reason to suspect that the stormwater discharge may contribute to a violation of a water quality standard. B. STORMWATER MANAGEMENT PLAN(SWMP)-GENERAL REQUIREMENTS 1. A SWMP shall be developed for each facility covered by this permit. The SWMP shall be prepared in accordance with good engineering,hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.) PARTI Permit- Page 7 Permit No. COR-030000 B. STORM\VATER MANAGEMENT PLAN(SWMP)—GENERAL REQUIREMENTS(cont.) 2. The SWMP shall: a) Identify all potential sources of pollution which may reasonably be expected to affect the quality of stormwater • discharges associated with construction activity from the facility; b) Describe the practices to be used to reduce the pollutants in stormwater discharges associated with construction activity at the facility;and ensure the practices are selected and described in accordance with good engineering practices, including the installation, implementation and maintenance requirements;and • c) Be properly prepared,and updated in accordance with Part I.D.5.c,to ensure compliance with the terms and conditions of this permit. 3. Facilities must implement the provisions of the S\VMP as written and updated, from commencement of construction activity until final stabilization is complete, as a condition of this permit. The Division reserves the right to review the SWMP,and to require the permittee to develop and implement additional measures to prevent and control pollution as needed. 4. The S\VMP may reflect requirements for Spill Prevention Control and Countermeasure(SPCC)plans under section 311 of the C\VA, or Best Management Practices(BMPs) Programs otherwise required by a separate CDPS permit,and may incorporate any part of such plans into the S\VMP by reference, provided that the relevant sections of such plans are available as part of the SWMP consistent with Part I.D.5.b. 5. For any sites with permit coverage before June 30, 2007,the permittee's SM\VP must meet the new S\VMP requirements as summarized in Section II.I of the rationale. Any needed changes must be made by October 1,2007. • C. STORMWATER MANAGEMENT PLAN (SWMP)-CONTENTS The SWMP shall include the following items,at a minimum. 1. Site Description. The SWMP shall clearly describe the construction activity,to include: a) The nature of the construction activity at the site. b) The proposed sequence for major activities. c) Estimates of the total area of the site,and the area and location expected to be disturbed by clearing,excavation, grading,or other construction activities. d) A summary of any existing data used in the development of the site construction plans or SWMP that describe the soil or existing potential for soil erosion. e) A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover. f) The location and description of all potential pollution sources, including ground surface disturbing activities(see Part I.A.2.b), vehicle fueling,storage of fertilizers or chemicals,etc. g) The location and description of any anticipated allowable sources of non-stormwater discharge at the site,e.g., uncontaminated springs, landscape irrigation return flow,construction dewatering,and concrete washout. h) The name of the receiving water(s)and the size,type and location of any outfall(s). If the stormwater discharge is to a municipal separate storm sewer system,the name of that system,the location of the storm sewer discharge,and the ultimate receiving water(s). 2. Site Map. The S\VMP shall include a legible site map(s),showing the entire site, identifying: a) construction site boundaries; b) all areas of ground surface disturbance; c) areas of cut and fill; d) areas used for storage of building materials,equipment,soil,or waste; e) locations of dedicated asphalt or concrete batch plants; t) locations of all structural BMPs; g) locations of non-structural BMPs as applicable;and h) locations of springs,streams,wetlands and other surface waters. • PARTI Permit- Page 8 Permit No.COR-030000 C. STORMWATER MANAGEMENT PLAN (SWMP)-CONTENTS (cont.) 3. Stormwater Management Controls. The SWMP must include a description of all stormwater management controls that will be implemented as part of the construction activity to control pollutants in stormwater discharges. The appropriateness and priorities of stormwater management controls in the SWMP shall reflect the potential pollutant sources identified at the facility. The description of stormwater management controls shall address the following components,at a minimum: a) SWMP Administrator-The S\VMP shall identify a specific individual(s),position or title who is responsible for developing, implementing, maintaining,and revising the S\VMP. The activities and responsibilities of the administrator shall address all aspects of the facility's SWMP. b) Identification of Potential Pollutant Sources-All potential pollutant sources, including materials and activities,at a site must be evaluated for the potential to contribute pollutants to stonnwater discharges. The SWMP shall identify and describe those sources determined to have the potential to contribute pollutants to stormwater discharges,and the sources must be controlled through BMP selection and implementation,as required in paragraph (c),below. At a minimum,each of the following sources and activities shall be evaluated for the potential to contribute pollutants to stormwater discharges,and identified in the SWMP if found to have such potential: • I) all disturbed and stored soils; 2) vehicle tracking of sediments; 3) management of contaminated soils; 4) loading and unloading operations; 5) outdoor storage activities(building materials, fertilizers,chemicals,etc.); 6) vehicle and equipment maintenance and fueling; 7) significant dust or particulate generating processes; " 8) routine maintenance activities involving fertilizers,pesticides,detergents,fuels,solvents,oils,etc.; 9) on-site waste management practices(waste piles, liquid wastes,dumpsters,etc.); 10) concrete tmck/equipment'washing, including the concrete truck chute and associated fixtures and equipment; II) dedicated asphalt and concrete batch plants; 12) non-industrial waste sources such as worker trash and portable toilets;and 13) other areas or procedures where potential spills can occur. c) Best Management Practices(BMPs)for Stormwater Pollution Prevention-The S\VMP shall identify and describe appropriate BMPs, including,but not limited to,those required by paragraphs I through 8 below, that will be implemented at the facility to reduce the potential of the sources identified in Pao I.C.3.b to contribute pollutants to stormwater discharges. The SWMP shall clearly describe the installation and implementation specifications for each BMP identified in the S\VMP to ensure proper implementation,operation and maintenance of the BMP. I) Structural Practices for Erosion and Sediment Control. The S\VMP shall clearly describe and locate all structural practices implemented at the site to minimize erosion and sediment transport. Practices may include, but are not limited to: straw bales,wattles/sediment control logs,silt fences,earth dikes,drainage swales, sediment traps,subsurface drains,pipe slope drains, inlet protection,outlet protection,gabions,and temporary or permanent sediment basins. 2) Non-Structural Practices for Erosion and Sediment Control. The S\VMP shall clearly describe and locate,as applicable,all non-structural practices implemented at the site to minimize erosion and sediment transport. Description must include interim and permanent stabilization practices,and site-specific scheduling for implementation of the practices. The S\VMP should include practices to ensure that existing vegetation is preserved where possible. Non-structural practices may include,but are not limited to: temporary vegetation, permanent vegetation,mulching,geotextiles,sod stabilization,slope roughening,vegetative buffer strips, protection of trees,and preservation of mature vegetation. PARTI Permit- Page 9 Permit No.COR-030000 C. STORM\VATER MANAGEMENT PLAN(SWMP)-CONTENTS (cont.) 3) Phased BMP Implementation. The SWMP shall clearly describe the relationship between the phases of construction,and the implementation and maintenance of both structural and non-structural stormwater management controls. The SWMP must identify the stormwater management controls to be implemented during the project phases,which can include,but are not limited to,clearing and grubbing; road construction; utility and infrastructure installation;vertical construction; final grading; and final stabilization. 4) Materials Handling and Spill Prevention. The SWMP shall clearly describe and locate all practices implemented at the site to minimize impacts from procedures or significant materials(see definitions at Part I.E.)that could contribute pollutants to runoff: Such procedures or significant materials could include:exposed storage of building materials;paints and solvents; fertilizers or chemicals; waste material;and equipment • maintenance or fueling procedures. Areas or procedures where potential spills can occur must have spill prevention and response procedures identified in the SWMP. 5) Dedicated Concrete or Asphalt Batch Plants. The SWMP shall clearly describe and locate all practices implemented at the site to control stormwater pollution from dedicated concrete batch plants or dedicated asphalt batch plants covered by this certification. 6) Vehicle Tracking Control. The SWMP shall clearly describe and locate all practices implemented at the site to control potential sediment discharges from vehicle tracking. Practices must be implemented for all areas of potential vehicle tracking,and can include:'minimizing site access;street sweeping or scraping;tracking pads; graveled parking areas; requiring that vehicles stay on paved areas on-site;wash racks;contractor education; and/or sediment control BMPs,etc. 7) Waste Management and Disposal,Including Concrete Washout. i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater pollution from all construction site wastes(liquid and solid), including concrete washout activities. ii) The practices used for concrete washout must ensure that these activities do not result in the contribution of pollutants associated with the washing activity to stormwater runoff. iii) Part 1.D.3.c of the permit authorizes the conditional discharge of concrete washout water to the ground. The SWMP shall clearly describe and locate the practices to be used that will ensure that no washout water from concrete washout activities is discharged from the site as surface runoff or to surface waters. 8) Groundwater and Stormwater Dewatering. i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater pollution from the dewatering of groundwater or stormwater from excavations,wells,etc. ii) Part I.D.3.d of the permit authorizes the conditional discharge of construction dewatering to the ground. For any construction dewatering of groundwater not authorized under a separate CEPS discharge permit, the S\VMP shall clearly describe and locate the practices to be used that will ensure that no groundwater from construction dewatering is discharged from the site as surface runoff or to surface waters. 4. Final Stabilization and Long-term Stormwater Management a) The S\VMP shall clearly describe the practices used to achieve final stabilization of all disturbed areas at the site, and any platmed practices to control pollutants in stormwater discharges that will occur after construction operations have been completed at the site. b) Final stabilization practices for obtaining a vegetative cover should include,as appropriate:seed mix selection and application methods;soil preparation and amendments;soil stabilization practices(e.g.,crimped straw,hydro mulch or rolled erosion control products); and appropriate sediment control BMPs as needed until final stabilization is achieved;etc. PART I Permit- Page 10 Permit No. COR-030000 C. STORM WATER MANAGEMENT PLAN(SWMP)—CONTENTS (cont.) c) Final stabilization is reached when all ground surface disturbing activities at the site have been completed,and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre- disturbance levels, or equivalent permanent,physical erosion reduction methods have been employed. • The Division may,after consultation with the permittee and upon good cause,amend the final stabilization criteria in this section for specific operations. 5. Inspection and Maintenance Part i.D.6 of the permit includes requirements for site inspections. Part I.D.7 of the permit includes requirements for BMP maintenance. The SWMP shall clearly describe the inspection and maintenance procedures implemented at the site to maintain all erosion and sediment control practices and other protective practices identified in the SWMP, in good and effective operating condition. D. TERMS AND CONDITIONS I. General Limitations The following limitations shall apply to all discharges covered by this permit: a) Stormwater discharges from construction activities shall not cause,have the reasonable potential to cause,or measurably contribute to an exceedance of any water quality standard, including narrative standards for water quality. b) Concrete washout water shall not be discharged to state surface waters or to storm sewer systems. On-site permanent disposal of concrete washout waste is not authorized by this permit. Discharge to the ground of concrete washout waste that will subsequently be disposed of off-site is authorized by this permit. See Part I.D.3.c of the permit. c) Bulk storage structures for petroleum products and any other chemicals shall have secondary containment or equivalent adequate protection so as to contain all spills and prevent any spilled material from entering State waters. d) No chemicals are to be added to the discharge unless permission for the use of a specific chemical is granted by the Division. In granting the use of such chemicals,special conditions and monitoring may be addressed by separate correspondence. e) The Division reserves the right to require sampling and testing,on a case-by-case basis, in the event that there is reason to suspect that compliance with the SWMP is a problem,or to measure the effectiveness of the BMPs in removing pollutants in the effluent. Such monitoring may include Whole Effluent Toxicity testing. f) All site wastes must be properly managed to prevent potential pollution of State waters. This permit does not authorize on-site waste disposal. g) All dischargers must comply with the lawful requirements of federal agencies, municipalities,counties,drainage districts and other local agencies regarding any discharges of stormwater to storm drain systems or other water courses tinder their jurisdiction, including applicable requirements in municipal stormwater management programs developed to comply with CDPS permits. Dischargers must comply with local stormwater management requirements,policies or guidelines including erosion and sediment control. 2. BMP Implementation and Design Standards Facilities must select,install, implement,and maintain appropriate BMPs, following good engineering,hydrologic and pollution control practices. BMPs implemented at the site must be adequately designed to provide control for all potential pollutant sources associated with construction activity to prevent pollution or degradation of State waters. PART I Permit-Page II Permit No. COR-030000 D. TERMS AND CONDITIONS(cont.) 3. Prohibition of Non-Stormwater Discharges a) Except as provided in paragraphs b,c, and d below,all discharges covered by this permit shall be composed entirely of stormwater associated with construction activity. Discharges of material other than stormwater must be addressed in a separate CDPS permit issued for that discharge. b) Discharges from the following sources that are combined with stormwater discharges associated with construction activity may be authorized by this permit,provided that the non-stormwater component of the discharge is identified in the S\VMP(see Part I.C.I.g of this permit): -emergency fire fighting activities -landscape irrigation return flow -uncontaminated springs c) Discharges to the ground of concrete washout water from washing of tools and concrete mixer chutes may be authorized by this permit, provided that: I) the source is identified in the SWMP; 2) BMPs are included in the SWMP in accordance with Part I.C.3(c)(7)and to prevent pollution of groundwater in violation of Part I.D.I.a;and 3) these discharges do not leave the site as surface runoff or to surface waters d) Discharges to the ground of water from construction dewatering activities may be authorized by this permit, provided that: 1) the source is groundwater and/or groundwater combined with stormwater that does not contain pollutants in concentrations exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42; • 2) the source is identified in the SWMP; 3) BMPs are included in the S\VMP,as required by Part I.C.3(c)(8); and 4) these discharges do not leave the site as surface runoff or to surface waters. Discharges to the ground from construction dewatering activities that do not meet the above criteria must be covered under a separate CDPS discharge permit. Contaminated groundwater requiring coverage under a separate CDPS discharge permit may include groundwater contaminated with pollutants from a landfill,mining activity, industrial pollutant plume, underground storage tank,or other source. 4. Releases in Excess of Reportable Quantities This permit does not relieve the permittee of the reporting requirements of 40 CFR 110,40 CFR 117 or 40 CFR 302. Any discharge of hazardous material must be handled in accordance with the Division's Noncompliance Notification Requirements(see Part II.A.3 of the permit). 5. SWMP Requirements a) SWMP Preparation and Implementation: The SWMP shall be prepared prior to applying for coverage under the general permit,and certification of its completion submitted with the application. The S\VMP shall be implemented prior to commencement of construction activities. The plan shall be updated as appropriate(see paragraph c, below),below). SWMP provisions shall be implemented until expiration or inactivation of permit coverage. b) SWMP Retention Requirements: A copy of the SWMP must be retained on site unless another location,specified by the permittee, is approved by the Division. c) SWMP Review/Changes: The permittee shall amend the SWMP: I) when there is a change in design,construction,operation,or maintenance of the site,which would require the implementation of new or revised BMPs;or 2) if the S\VMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity;or PART 1 Permit- Page 12 Permit No.COR-030000 D. TERMS AND CONDITIONS(cont.) 3) when BMPs are no longer necessary and are removed. SWMP changes shall be made prior to changes in the site conditions,except as allowed for in paragraph d,below. SWMP revisions may include,but are not limited to: potential pollutant source identification; selection of appropriate BMPs for site conditions; BMP maintenance procedures;and interim and final stabilization practices. The SWMP changes may include a schedule for further BMP design and implementation, provided that, if any interim BMPs arc needed to comply with the permit,they are also included in the SWMP and implemented during the interim period. d) Responsive SWMP Changes: SWMP changes addressing BMP installation and/or implementation are often required to be made in response to changing conditions,or when current BMPs are determined ineffective. The majority of SWMP revisions to address these changes can be made immediately with quick in-the-field revisions to the SWMP. In the less common scenario where more complex development of materials to modify the SWMP is necessary, SWMP revisions shall be made in accordance with the following requirements: I) the SWMP shall be revised as soon as practicable,but in no case more than 72 hours after the change(s) in BMP installation and/or implementation occur at the site,and 2) a notation must be included in the SWMP prior to the site change(s)that includes the time and date of the change(s) in the field,an identification of the BMP(s)removed or added,and the location(s)of those BMP(s). 6. Inspections • Site inspections must be conducted in accordance with the following requirements and minimum schedules. The required minimum inspection schedules do not reduce or eliminate the permittee's responsibility to implement and maintain BMPs in good and effective operational condition,and in accordance with the SWMP,which could require more frequent inspections. a) Minimum Inspection Schedule: The permittee shall,at a minimum, make a thorough inspection, in accordance with the requirements in I.D.6.b below,at least once every 14 calendar days. Also,post-storm event inspections must be conducted within 24 hours after the end of any precipitation or snowmelt event that causes surface erosion. Provided the timing is appropriate,the post-storm inspections may be used to fulfill the 14-day routine inspection requirement. A more frequent inspection schedule than the minimum inspections described may be necessary,to ensure that BMPs continue to operate as needed to comply with the permit. The following conditional modifications • to this Minimum Inspection Schedule are allowed: I) Post-Storm Event inspections at Temporarily Idle Sites—if no construction activities will occur following a storm event,post-storm event inspections shall be conducted prior to re-commencing construction activities, but no later than 72 hours following the storm event. The occurrence of any such delayed inspection must be documented in the inspection record. Routine inspections still must be conducted at least every 14 calendar days. 2) Inspections at Completed Sites/Areas—For sites or portions of sites that meet the following criteria,but final stabilization has not been achieved due to a vegetative cover that has not become established,the permittee shall make a thorough inspection of their stormwater management system at least once every month,and post- storm event inspections are not required. This reduced inspection schedule is ono,allowed if: i) all construction activities that will result in surface ground disturbance are completed; ii) all activities required for final stabilization,in accordance with the SWMP,have been completed,with the exception of the application of seed that has not occurred due to seasonal conditions or the necessity for additional seed application to augment previous efforts;and iii) the SWMP has been amended to indicate those areas that will be inspected in accordance with the reduced schedule allowed for in this paragraph. PARTI Permit- Page 13 Permit No. COR-030000 D. TERMS AND CONDITIONS (cont.) 3) Winter Conditions Inspections Exclusion—Inspections are not required at sites where construction activities are temporarily halted,snow cover exists over the entire site for an extended period,and melting conditions posing a risk of surface erosion do not exist. This exception is applicable only during the period where melting conditions do not exist,and applies to the routine 14-day and monthly inspections,as well as the post-storm- event inspections. The following information must be documented in the inspection record for use of this exclusion: dates when snow cover occurred,date when construction activities ceased,and date melting conditions began. Inspections,as described above,are required at all other times. When site conditions make the schedule required in this section impractical,the permittee may petition the Division to grant an alternate inspection schedule. b) inspection Requirements I) Inspection Scope-The construction site perimeter,all disturbed areas, material and/or waste storage areas that are exposed to precipitation,discharge locations,and locations where vehicles access the site shall be inspected for evidence of,or the potential for,pollutants leaving the construction site boundaries,entering the stormwater drainage system,or discharging to state waters. All erosion and sediment control practices identified in the SWMP shall be evaluated to ensure that they are maintained and operating correctly. 2) Inspection Report/Records-The permittee shall keep a record of inspections. Inspection reports must identify any incidents of non-compliance with the terms and conditions of this permit. Inspection records must be retained for three years from expiration or inactivation of permit coverage. At a minimum,the inspection report must include: i) The inspection date; ii) Name(s)and title(s)of personnel making the inspection; iii) Location(s)of discharges of sediment or other pollutants from the site; iv) Location(s)of BMPs that need to be maintained; v) Location(s)of BMPs that failed to operate as designed or proved inadequate for a particular location; vi) Location(s)where additional BMPs are needed that were not in place at the time of inspection; vii) Deviations from the minimum inspection schedule as provided in Part i.D.6.a above; vii) Description of corrective action for items iii, iv,v,and vi,above,dates corrective action(s)taken,and measures taken to prevent future violations, including requisite changes to the SWMP,as necessary;and viii) After adequate corrective action(s)has been taken,or where a report does not identify any incidents requiring corrective action,the report shall contain a signed statement indicating the site is in compliance with the permit to the best of the signer's knowledge and belief. c) Required Actions Following Site Inspections—Where site inspections note the need for BMP maintenance activities, BMPs must be maintained in accordance with the SWMP and Part I.D.7 of the permit. Repair, replacement,or installation of new BMPs determined necessary during site inspections to address ineffective or inadequate BMPs must be conducted in accordance with Part i.D.8 of the permit. SWMP updates required as a result of deficiencies in the S\VMP noted during site inspections shall be made in accordance with Part I.D.5.c of the permit. 7. BMP Maintenance All erosion and sediment control practices and other protective measures identified in the S\VMP must be maintained in effective operating condition. Proper selection and installation of BMPs and implementation of comprehensive Inspection and Maintenance procedures, in accordance with the SWMP,should be adequate to meet this condition. BMPs that are not adequately maintained in accordance with good engineering,hydrologic and pollution control practices, including removal of collected sediment outside the acceptable tolerances of the BMPs,are considered to be no longer operating effectively and must be addressed in accordance with Part I.D.8,below. A specific timeline for implementing maintenance procedures is not included in this permit because BMP maintenance is expected to be proactive,not responsive. Observations resulting in BMP maintenance activities can be made during a site inspection,or during general observations of site conditions. PART I Permit- Page 14 Permit No. COR-030000 D. TERMS AND CONDITIONS (cont.) 8. Replacement and Failed BMPs Adequate site assessment must be performed as part of comprehensive Inspection and Maintenance procedures,to assess the adequacy of BMPs at the site,and the necessity of changes to those BMPs to ensure continued effective performance. Where site assessment results in the determination that new or replacement BMPs are necessary,the BMPs must be installed to ensure on-going implementation of BMPs as per Part I.D.2. Where BMPs have failed,resulting in noncompliance with Part I.D.2,they must be addressed as soon as possible, immediately in most cases,to minimize the discharge of pollutants. When new BMPs are installed or BMPs are replaced,the SWMP must be updated in accordance with Part I.D.5(c). 9. Reporting No scheduled reporting requirements are included in this permit; however,the Division reserves the right to request that a copy of the inspection reports be submitted. 10. SWMP Availability A copy of the SWMP shall be provided upon request to the Division,EPA,or any local agency in charge of approving sediment and erosion plans,grading plans or stormwater management plans,and within the time frame specified in the request. If the SWMP is required to be submitted to any of these entities, it must include a signed certification in accordance with Part I.F.1 of the permit,certifying that the SWMP is complete and meets all permit requirements. All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b)of the CWA and Section 61.5(4)of the Colorado Discharge Permit System Regulations. The permittee shall make plans available to members of the public upon request. However,the permittee may claim any portion of a SWMP as confidential in accordance with 40 CFR Part 2. 11. Total Maximum Daily Load(TMDL) If a TMDL has been approved for any waterbody into which the permittee discharges,and stormwater discharges associated with construction activity have been assigned a pollutant-specific Wasteload Allocation(WLA)tinder the TMDL,the Division will either: a) Ensure that the WLA is being implemented properly through alternative local requirements,such as by a municipal stormwater permit;or b) Notify the permittee of the WLA,and amend the permittee's certification to add specific BMPs and/or other requirements,as appropriate. The permittee may be required to do the following: I) Under the permittee's SWMP, implement specific management practices based on requirements of the WLA, and evaluate whether the requirements are being met through implementation of existing stormwater BMPs or if additional BMPs are necessary. Document the calculations or other evidence that show that the requirements are expected to be met;and 2) If the evaluation shows that additional or modified BMPs are necessary,describe the type and schedule for the BMP additions/revisions. Discharge monitoring may also be required. The permittee may maintain coverage under the general permit provided they comply with the applicable requirements outlined above. The Division reserves the right to require individual or alternate general permit coverage. PART I Permit -Page 15 Permit No.COR-030000 E. ADDITIONAL DEFINITIONS For the purposes of this permit: 1. Best Management Practices(BMPs): schedules of activities,prohibitions of practices,maintenance procedures,and other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment requirements,operating procedures,pollution prevention,and practices to control site runoff, spillage or leaks,waste disposal,or drainage from material storage. 2. Dedicated asphalt plants and concrete plants: portable asphalt plants and concrete plants that are located on or adjacent to a construction site and that provide materials only to that specific construction site. 3. Final stabilization: when all ground surface disturbing activities at the site have been completed,and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre-disturbance levels,or equivalent permanent,physical erosion reduction methods have been employed. For purposes of this permit,establishment of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site will be considered final stabilization. 4. Municipal separate storm sewer system: a conveyance or system of conveyances(including: roads with drainage systems,municipal streets,catch basins,curbs,gutters,ditches,man-made channels,or storm drains),owned or operated by a State,city,town,county,district,or other public body(created by state law),having jurisdiction over disposal of sewage, industrial waste,stormwater,or other wastes;designed or used for collecting or conveying stormwater. 5. Operator: the entity that has day-to-day supervision and control of activities occurring at the construction site. This can be the owner, the developer,the general contractor or the agent of one of these parties, in some circumstances. It is anticipated that at different phases of a construction project,different types of parties may satisfy the definition of 'operator'and that the permit may be transferred as the roles change. 6. Outfall: a point source at the point where stormwater leaves the construction site and discharges to a receiving water or a stormwater collection system. 7. Part of a larger common plan of development or sale:a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules. 8. Point source: any discernible, confined and discrete conveyance from which pollutants are or may be discharged. Point source discharges of stormwater result from structures which increase the imperviousness of the ground which acts to collect runoff,with runoff being conveyed along the resulting drainage or grading pattern. 9. Pollutant:dredged spoil,dirt,slurry,solid waste, incinerator residue,sewage,sewage sludge,garbage,trash, chemical waste,biological nutrient,biological material, radioactive material,heat,wrecked or discarded equipment,rock,sand,or any industrial,municipal or agricultural waste. 10. Process water: any water which,during manufacturing or processing,comes into contact with or results from the production of any raw material,intermediate product,finished product,by product or waste product. This definition includes mine drainage. 11. Receiving Water: any classified stream segment(including tributaries)in the State of Colorado into which stormwater related to construction activities discharges. This definition includes all water courses,even if they are usually dry, such as borrow ditches,arroyos,and other unnamed waterways. 12. Significant Materials include,but arc not limited to: raw materials; fuels;materials such as solvents,detergents,and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production;hazardous substances designated under section 101(14)of CERCLA;any chemical the facility is required to report pursuant to section 313 of title III of SARA; fertilizers;pesticides;and waste products such as ashes,slag and sludge that have the potential to be released with stormwater discharge. 13. Stornnvater: precipitation-induced surface runoff. PART I Permit-Page 16 Permit No. COR-030000 F. GENERAL REQUIREMENTS I. Signatory Requirements a) All reports required for submittal shall be signed and certified for accuracy by the permittce in accordance with the following criteria: I) In the case of corporations,by a principal executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates; 2) In the case of a partnership,by a general partner; 3) In the case of a sole proprietorship,by the proprietor; 4) In the case of a municipal,state,or other public facility,by either a principal executive officer,ranking elected official,or other duly authorized employee, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates. • b) Changes to authorization. If an authorization under paragraph a)of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility,a new authorization satisfying the requirements of paragraph a)of this section must be submitted to the Division,prior to or together with any reports, information,or applications to be signed by an authorized representative. c) Certification. Any person signing a document under paragraph a)of this section shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under niy direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 2. Retention of Records a) The permittee shall retain copies of the S\VMP and all reports required by this permit and records of all data used to complete the application to be covered by this permit,for three years after expiration or inactivation of permit coverage. b) The permittee shall retain a copy of the SWMP required by this permit at the construction site from the date of project initiation to the date of expiration or inactivation of permit coverage,unless another location,specified by the permittee, is approved by the Division. 3. Monitoring The Division reserves the right to require sampling and testing,on a case-by-case basis(see Part I.D.I.e),for example to implement the provisions of a TMDL(see Part I.D.I I of the permit). Reporting procedures for any monitoring data collected will be included in the notification by the Division of monitoring requirements. If monitoring is required,the following definitions apply: a) The thirty(30) day average shall be determined by the arithmetic mean of all samples collected during a thirty(30) consecutive-day period. b) A grab sample, for monitoring requirements, is a single"dip and take"sample. PART II A. MANAGEMENT REQUIREMENTS 1. Amending a Permit Certification The permittee shall inform the Division(Permits Section)in writing of changes to the information provided in the permit application, including the legal contact, the project legal description or map originally submitted with the application,or the planned total disturbed acreage.The permittee shall furnish the Division with any plans and specifications which the Division deems reasonably necessary to evaluate the effect on the discharge and receiving stream.If applicable,this notification may be accomplished through submittal of an application for a CDPS process water permit authorizing the discharge. The SWMP shall be updated and implemented prior to the changes(see Part I.D.5.c). Any discharge to the waters of the State from a point source other than specifically authorized by this permit or a different CDPS permit is prohibited. • 2. Special Notifications-Definitions a) Spill: An unintentional release of solid or liquid material which may cause pollution of state waters. b) Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit discharge limitations because of factors beyond the reasonable control of the permittce. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate • treatment facilities, lack of preventative maintenance,or careless or improper operation. 3. Noncompliance Notification a) The permittee shall report the following instances of noncompliance: I) Any noncompliance which may endanger health or the environment; 2) Any spill or discharge of hazardous substances or oil which may cause pollution of the waters of the state. 3) Any discharge of stormwater which may cause an exceedance of a water quality standard. b) For all instances of noncompliance based on environmental hazards and chemical spills and releases,all needed information must be provided orally to the Colorado Department of Public Health and Environment spill reporting line(24-hour number for environmental hazards and chemical spills and releases: 1-877-518-5608)within 24 hours from the time the permittee becomes aware of the circumstances. For all other instances of noncompliance as defined in this section,all needed information must be provided orally to the Water Quality Control Division within 24 hours from the time the permittee becomes aware of the circumstances. For all instances of noncompliance identified here,a written submission shall also be provided within 5 calendar days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of: 1) The noncompliance and its cause; • 2) The period of noncompliance, including exact dates and times,and if the noncompliance has not been corrected,the anticipated time it is expected to continue; 3) Steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance. A. MANAGEMENT REQUIREMENTS(cont.) 4. Submission of Incorrect or Incomplete Information Where the pennittee failed to submit any relevant facts in a permit application,or submitted incorrect information in a permit application or report to the Division,or relevant new information becomes available,the permittee shall promptly submit the relevant application information which was not submitted or any additional information needed to correct any erroneous information previously submitted. 5. Bypass a) A bypass, which causes effluent limitations(i.e.,requirements to implement BMPs in accordance with Parts I.B.3 and I.D.2 of the permit)to be exceeded is prohibited,and the Division may take enforcement action against a permittee for such a bypass,unless: I) Bypass was unavoidable to prevent loss of life,personal injury,or severe property damage; 2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities(e.g., alternative BMPs), retention of untreated wastes,or maintenance during normal periods of equipment downtime.This condition is not satisfied if the permittee could have installed adequate backup equipment(e.g., • implemented additional BMPs)to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance;and 3) The permittee submitted notices as required in "Non-Compliance Notification," Part II.A.3. 6. Upsets a) Effect of an Upset: An upset constitutes an affirmative defense to an action brought for noncompliance with permit limitations and requirements if the requirements of paragraph b of this section are met. (No determination made during administrative review of claims that noncompliance was caused by upset,and before an action for noncompliance, is final administrative action subject to judicial review.) b) Conditions Necessary for a Demonstration of Upset: A pennittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs,or other relevant evidence that: 1) An upset occurred and that the permittee can identify the specific cause(s)of the upset; 2) The permitted facility was at the time being properly operated; 3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit(24-hour notice);and 4) The permittee complied with any remedial measures required under 40 CFR Section 122.41(d)of the federal regulations or Section 61.8(3)(h)of the Colorado Discharge Permit System Regulations. c) Burden of Proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. -7. Removed Substances Solids,sludges,or other pollutants removed in the course of treatment or control of discharges shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. 8. Minimization of Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any terms and conditions specified in this permit,including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. A. MANAGEMENT REQUIREMENTS(cont.) 9. Reduction,Loss,or Failure of Stormwater Controls The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit requirements. Upon reduction,loss,or failure of any stonnwater controls,the permittee shall,to the extent necessary to maintain compliance with its permit,control production,or remove all pollutant sources from exposure to stormwater,or both,until the stormwater controls are restored or an alternative method of treatment/control is provided. It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 10. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control(and related appurtenances)which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance,adequate funding,adequate operator staffing and training,and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. B. RESPONSIBILITIES 1. Inspections and Right to Entry The permittee shall allow the Director of the State Water Quality Control Division,the EPA Regional Administrator, and/or their authorized representative(s),upon the presentation of credentials: a) To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of this permit; b) At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit;and c) To enter upon the permittee's premises to investigate,within reason,any actual,suspected,or potential source of water pollution,or any violation of the Colorado Water Quality Control Act. The investigation may include,but is not limited to,the following: sampling of any discharge and/or process waters,the taking of photographs, interviewing permittee staff on alleged violations and other matters related to the permit,and access to any and all facilities or areas within the permittee's premises that may have any effect on the discharge,permit,or any alleged violation. 2. Duty to Provide Information The permittee shall furnish to the Division,within the time frame specified by the Division,any information which the Division may request to determine whether cause exists for modifying,revoking and reissuing,or inactivating coverage under this permit,or to determine compliance with this permit. The permittee shall also furnish to the Division,upon request,copies of records required to be kept by this permit. 3. Transfer of Ownership or Control Certification under this permit may be transferred to a new permittee if: a) The current permittee notifies the Division in writing when the transfer is desired as outlined in Part i.A.7;and b) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility,coverage and liability between them;and c) The current permittee has met all fee requirements of the Colorado Discharge Permit System Regulations,Section 61.15. B. RESPONSIBILITIES (cont.) 4. Modification,Suspension,or Revocation of Permit By Division All permit modification, inactivation or revocation and reissuance actions shall be subject to the requirements of the Colorado Discharge Permit System Regulations, Sections 61.5(2),61.5(3), 61.7 and 61.15, 5 C.C.R. 1002-61,except for minor modifications. a) This permit, and/or certification under this permit,may be modified,suspended,or revoked in whole or in part during its term for reasons determined by the Division including,but not limited to, the following: I) Violation of any terms or conditions of the permit; • 2) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment of terms or conditions of the permit; 3) Materially false or inaccurate statements or information in the application for the permit; 4) Promulgation of toxic effluent standards or prohibitions(including any schedule of compliance specified in such effluent standard or prohibition)which are established under Section 307 of the Clean Water Act,where such a toxic pollutant is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit. b) This permit,and/or certification under this permit,may be modified in whole or in part due to a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge,such as: 1) Promulgation of Water Quality Standards applicable to waters affected by the permitted discharge;or 2) Effluent limitations or other requirements applicable pursuant to the State Act or federal requirements; or 3) Control regulations promulgated;or 4) Other available information indicates a potential for violation of adopted Water Quality Standards or stream classifications. c) This permit,or certification under this permit,may be modified in whole or in part to include new effluent limitations and other appropriate permit conditions where data submitted pursuant to Part I indicate that such effluent limitations and permit conditions are necessary to ensure compliance with applicable water quality standards and protection of classified uses. d) At the request of the permittee,the Division may modify or inactivate certification under this permit if the following conditions are met: 1) In the case of inactivation,the permittee notifies the Division of its intent to inactivate the certification,and certifies that the site has been finally stabilized; 2) In the case of inactivation,the permittee has ceased any and all discharges to state waters and demonstrates to the Division there is no probability of further uncontrolled discharge(s)which may affect waters of the State. 3) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modification,amendment or inactivation; 4) Fee requirements of Section 61.15 of the Colorado Discharge Permit System Regulations have been met;and 5) Applicable requirements of public notice have been met. • For small construction sites covered by a Qualifying Local Program,coverage under this permit is automatically terminated when a site has been finally stabilized. B. RESPONSIBILITIES(cont.) 5. Permit Violations Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. Dischargers of stormwater associated with industrial activity,as defined in the EPA Stormwater Regulation(40 CFR 122.26(b)(I4)and Section 61.3(2)of the Colorado Discharge Permit System Regulations,which do not obtain coverage under this or other Colorado general permits,or under an individual CDPS permit regulating industrial stormwater,will be in violation of the federal Clean Water Act and the Colorado Water Quality Control Act, 25-8-101,as amended. Failure to comply with CDPS permit requirements will also constitute a violation. 6. Legal Responsibilities The issuance of this permit does not convey any property or water rights in either real or personal property,or stream tlows,or any exclusive privileges,nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal,State or local laws or regulations. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities,or penalties established pursuant to any applicable State law or regulation under authority granted by Section 510 of the Clean Water Act. 7. Severability The provisions of this permit are severable. If any provisions of this permit,or the application of any provision of this permit to any circumstance,are held invalid,the application of such provision to other circumstances and the application of the remainder of this permit shall not be affected. • 8. Renewal Application If the permittee desires to continue to discharge,a permit renewal application shall be submitted at least ninety(90)days before this permit expires. If the permittee anticipates that there will be no discharge after the expiration date of this permit,the Division should be promptly notified so that it can inactivate the certification in accordance with Part ILB.4.d. 9. Confidentiality Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Colorado Discharge Permit System Regulations, Section 61.5(4),all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division. The permittee must state what is confidential at the time of submittal. Any information relating to any secret process, method of manufacture or production,or sales or marketing data which has been declared confidential by the permittee,and which may be acquired,ascertained,or discovered,whether in any sampling investigation,emergency investigation,or otherwise,shall not be publicly disclosed by any member,officer,or employee of the Commission or the Division,but shall be kept confidential. Any person seeking to invoke the protection of this section shall bear the burden of proving its applicability. This section shall never be interpreted as preventing fill disclosure of effluent data. 10. Fees The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended. B. RESPONSIBILITIES(cont.) II. Requiring an Individual CDPS Permit The Director may require the permittee to apply for and obtain an individual or alternate general CDPS permit if: a) The discharger is not in compliance with the conditions of this general permit; b) Conditions or standards have changed so that the discharge no longer qualifies for a general permit;or c) Data/information become available which indicate water quality standards may be violated. The permittee must be notified in writing that an application for an individual or alternate general CDPS permit is required. When an individual or alternate general CDPS permit is issued to an operator otherwise covered under this general permit, the applicability of this general permit to that operator is automatically inactivated upon the effective date of the individual or alternate general CDPS permit. • I rater•Quality Control Division WQCD-P-B2 4300 Cherry Creek Drive South Denver,•Colorado 80246-1530 RATIONALE STORIvIWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY GENERAL PERMIT iN COLORADO THIRD RENEWAL COLORADO DISCHARGE PERMIT NUMBER COR-030000 CONTENTS PAGE L Introduction / II. Changes in this General Permit i III. Background 8 IV. Storm water Discharges Associated with Construction Activity 9 V. Coverage Under this Permit 10 VI. Application and Certification 10 VII. Qual/fyung Local Programs Ii VIII. Terms and Conditions of Perin it 11 IX Public Notice— 12/22/06 15 X. Public Notice—3/23/07 15 L INTRODUCTION This permit is for the regulation of stornnvater rtnrofJforn construction activities, and specific allowable non- starmwater discharges in accordance with Part LD.3 of the permit. The term "construction activity"includes ground surface disturbing activities, including, but not limited to, clearing, grading, excavation, demolition, installation of new or improved haul and access roads, staging areas, stockpiling offill materials, and borrow areas. ".Storunvater"is precipitation-induced stuface runoff. This rationale will explain the background of the Stormwater program, activities which are covered under this permit, how to apply for coverage under this permit, and the requirements of this permit. The forms discussed in the rationale and permit are available on the Water Quality Control Division's website at: ,PWW.cdohestate.co.tts/wa/Permitstinit II. CHANGES IN THIS GENERAL PERMIT Several notable changes from the previous General Permit for Construction Activities have been incorporated into this permit. Significant changes are listed below. Numerous other minor changes were made for clarification purposes only. A. Authority to Discharge This section has been restructured to list all of the types of activities covered by this permit, and to be consistent with the definition of"construction activity." The definition of construction activity has been expanded to provide clarification. See Part LA./ of the permit. PART II Permit-Page 24 Permit No. COR-030000 IL CHANGES IN THIS GENERAL PERMIT(coat) B. Authority to Discharge— Oil and Gas Construction .This section hay been added, to take into account a regulatory change. The federal Energy Policy Act of 2005 exempts nearly all oil and gas construction activities fivm federal requirements under the Clean Water Act's NPDES stormrvater discharge permit program. In January 2006, the Colorado Water Quality Control Commission held a hearing to determine what effects, if any, the change in lectern!law would have upon Colorado's stormwater regulations. The Commission determined that oil and gas construction sites in Colorado that disturb one or more acres are still required to be covered under Colorado's storm water permitting regulations (Colorado Discharge Permit System (CDPS)regulations (5CCR 1002-61)). In practice, oil and gas construction sites have the same requirements wider this permit as do other types of construction. However, this permit contains some references to the federal Clean Water Act;generally these references are not applicable to oil curd gas construction sites to the extent that the references are limited by the federal Energy Policy Act of 2005. See Part LA.1(b) of the permit. C. Application Requirements The permit application requirements have changed slightly, including the addition of an email address, if available. See Part LA.4(b). The applicant must be either the owner and/or operator of the construction site. An operator at a construction site that is not covered by a certification held by an appropriate entity may be held liable for operating without the necessary permit coverage. D. Temporary Coverage Part LA.5(d)of the previous permit(effective July I, 2002) dealt with temporarily covering a facility under the general permit even if an individual permit is more appropriate. This permit section essentially • duplicated the previous section (see Part LA.5(c)), and so it has been deleted. E. Reassignment of Permit Coverage Procedures have been added to clarify the requirements)*the transfer of coverage of specific portions of a permitted site to a second party. See Section VIILL3 of the rationale and Part L.A.8 of the permit. F. Individual Permit Criteria This section has been modified to include situations involving a Total Maximum Daily Load(TMDL). See Part LA.11 of the permit. G. Stormwater Management Plan (SIVMP) The Stornrwater Management Plan section has been divided into two parts: Stornrwater Management Plan (SIVMP)— General Requirements, which provides the basic framework and general requirements for the SIVMP, and Stornrwater Management Plan (SWMP)— Contents, which specifically identifies each item that must be addressed in the SWMP. See Parts LB and LC of the permit. H. Stornrwater Management Plan (SWMP)— General Requirements The SIVMP General Requirements section has been modified to require that the 5'JVMP be updated in accordance with Parts LD.5(c)and LD.5(d) of the permit (SWAM Review/Changes). This additional requirement ensures that the SIVMP provisions reflect current site conditions. See Part LB.2(c) of the permit. PART II • Pennit-Page 25 Permit No.COR-030000 11. CHANGES IN THIS GENERAL PERMIT(cunt.) L Storm water Management Plan(SIVMP)-Contents • The SWMP Contents section has been modified Some of the changes are limited to organization of information, which does not require modification of an existing permittee's current SWMP. Most of the SWVrvIP changes involve either clarifications, reformatting, or taking recommendations from the Division's SWMP guide and making them permit requirements(e.g., vehicle tracking controls, BMP installation specifications). If an existing permittee(i.e.,those;Wilt permit coverage before June 30,2007)followed the recommendations in the SIVMP guide(Appendix A of the permit application), then their SIVMP Will presumably meet the new requirements. However,for any existing permittees who did not follow the applicable SIVMP guide recommendations, their SMIVP must be amended to include the new required items: -SIVMP Administrator -Identification of potential pollutant sources -Best Management Practices descriptions and installation specifications, including dedicated concrete or asphalt batch plants; vehicle tracking control;and waste management and disposal(including concrete washout activities). For existing permittees, any SIVMP changes based on the change in permit requirements must be completed by October 1, 2007. The plan is not to be submitted to the Division unless requested, but must be available on site as outlined in Part I.D.S(b) of the permit. The BMP requirement clarifications included in this renewed permit in no way imply that adequate BMPs to address all pollutant sources at a permitted site were not required in previous permits. The revised requirements are intended only to better cla•t&SW/v/P content requirements and provide improved direction to permittees. The SIVMP changes are listed below. All new applicants (after June 30, 2007)for permit coven age for their sites must fully comply with the new SIVMP organization,plan requirements, and implementation. I. Site Description: The requirement to provide an estimate of the run-off coefficient has been removed. The run-of)coefficient as currently utilized in the SWMP may not contribute sufficiently to permit compliance to justify the effort in determining accurate values. See Part I.C.1 of the permit. However, the Division still encourages use of the coefficient as needed to adequately evaluate site-specific BMP selection and design criteria(e.g.,pond capacities, BMP location, etc.) See Section C.2 of the SWMP guidance(Appendix A of the permit application). 2. Site Map: The requirement to identify boundaries qf the I00-yearflood plain has been removed The boundaries as currently utilized in the SWA,IP may not contribute sui/ciently to permit compliance to justf'the effort in determining their location. See Part 1.C.2 of'the permit. 3. Stormwater Management Controls: This section has been modified to require identification of a SWMP Administrator and all potential pollutants sources in the SIVMP. See Part I.C.3 of the permit. a) The SWMP Administrator is a specific individual(s),position or title who is responsible for the process of developing, implementing, maintaining, and revising the SIVILWI'. This individual serves as the comprehensive point of contact for all aspects qf the facility's SIVMP. This requirement may necessitate changes to existing permittees'SWMPs. PART 11 Permit-Page 26 Permit No. COR-030000 II. CHANGES iN THIS GENERAL PERMIT(cont.) b) The requirement to identif}'Potential Pollutant Sources has been expanded to include more details for the evaluation ofsuch sources. This evaluation allows for the appropriate selection of BMPs for implementation at a facility or site. Additionally, this section was added to be consistent with the SWMP guide. This requirement may necessitate changes to existing permittees'SWMPs. c) Best Management Practices (BMPs)for Stormwater Pollution Prevention: Tins section was modified to require the following items to be addressed in the SWMP. These requirements may necessitate changes to existing permittees'SWMPs. This section also requires that the SWMP provide installation and implementation specifications for each BMP identified in the SWMP. For structural BMPs, in most cases, this must include a technical drawing to provide adequate installation specifications. See Part I C.3(c). i) Dedicated concrete or asphalt batch plants. This section requires that the practices used to reduce the pollutants in.stormwater discharges associated with dedicated concrete or asphalt batch plants be identified in the SWMP. (Coverage under the construction site SWMP and permit is not required for batch plants if they have alternate CDPS permit coverage.) ii) Vehicle tracking control. This section requires that practices be implemented to control sediment from vehicle tracking, and that all such practices implemented at the site be clearly described in the.SWMP. iii) Waste management and disposal. This section requires that the practices implemented at the site to control storm water pollution from construction site waste, including concrete washout activities, be clearly described in the SWMP. It also requires that concrete washout activities be conducted in a manner that does not contribute pollutants to surface waters or stornnvater runoff iv) Concrete Washout Water. Part I D.3(c) of the permit has been revised to conditionally authorize discharges to the ground of concrete wash water from washing of tools and concrete mixer chutes when appropriate BiYis are implemented. The permit prohibits the discharge of concrete washout water to surface waters and to storm sewer systems. Part I.C.3(c)(7) of the permit requires that BMPs be hi place to prevent sunfce discharges of concrete washout water from the site. The use of unlined pits to contain concrete washout water is a common practice in Colorado. The Division has further evaluated the need for a permit for discharge of concrete washout water to the ground. The Division has determined that the use of appropriate BMPs for on-site washing of tools and concrete mixer chutes would prevent any significant discharge to groundwater BMPs to protect groundwater are required by Part L C.3(c)(7) of the permit. Because pH is a pollutant of concern for washout activities, the soil must have adequate buffering capacity to result in protection of the groundwater standard, or a liner/containment must be used. The following management practices are recommended to prevent an impact from unlined pits to groundwater: (i) the use of the washout site should be temporary(less than 1 year), and (2) the washout site should be not be located in an area where shallow groundwater may be present, such as near natural drainages, springs, or wetlands. PART II Permit-Page 27 Permit No.COR-030000 II. CHANGES IN THIS GENERAL PERMIT(cont.) Where adequate management practices are not followed to protect groundwater quality, the Department may require discharges to unlined pits to cease, or require the entity to obtain alternate regulatory approval through notice from either the Water Quality Control Division or the Hazardous Materials and Waste Management Division. In addition, Part LD.1(b) of the permit has been revised to clearly state that the permit does not authorize on-site permanent disposal of concrete washout waste, only temporary containment of concrete washout waterfront washing of tools and concrete mixer chutes. Upon termination of use of the washout site, accumulated solid waste, including concrete waste and any contaminated soils, must be removed from the site to prevent on-site disposal of'solid waste. i) Construction Dewatering. Part LD.3(d)of the permit has been revised to conditionally authorize discharges/0 the ground of waterfront construction dewatering activities when appropriate&VIPs are implemented. The permit does not authorize the discharge of groundwater from construction dewatering to suuface waters or/o storm sewer.systems. Part I.C.3(c)(8)of the permit requires that BMPs be in place to prevent surface discharges. The permittee may apply for coverage under a separate CDPS discharge permit, such as the Construction Dewatering general permit, if there is a potential for discharges to surface waters. The Division has determined that potential pollutant sources introduced into groundwater from construction dewatering operations do not have a reasonable potential to result in exceedance o f ground►t'ater standards when the discharge is to the ground. The primary pollutant of concern in uncontaminated groundwater is sediment.Although technology- based standards for sediment do exist in 5 CCR 1002-41, the discharge ofsediment to the ground as part of construction dewatering does not have the reasonable potential to result in transport of sediment to the groundwater table so as to result in an exceedance of those standards. For a discharge of water contaminated with other pollutants that are present in concentrations that may cause an exceedance ofgroundtt'ater standards,separate CDPS discharge permit coverage is required. Contaminated groundwater may include that contaminated with pollutants from a landfill, mining activity, industrial pollutant plume, underground storage tank, or other source ofhuman-induced groundwater pollution and exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42. J. Terms and Conditions, General Limitations and Design Standards • . This section reiterates the requirement that facilities select, install, implement, and maintain appropriate BMPs,following good engineering, hydrologic and pollution control practices. In addition, requirements for protection of water quality stauudards(see Part LD.1.(a)of the permit)and requirements to adequately design BMPs to prevent pollution or degradation of Stale waters (see Part I.D.2 of the permit)have been revised and are fully discussed in Part 11LB of the rationale, below. Additional language was also added to Section IILB of the rationale further clarifying the expectations for compliance with this permit. I. Management of Site Waste This section has been modified to clarify that on-site waste must be properly managed to prevent potential pollution of State waters, and that this permit does not authorize on-site waste disposal. Solid waste disposal is regulated by the Hazardous Materials and Waste Management Division. PART 11 Permit-Page 28 Permit No.COR-030000 11. CHANGES IN THIS GENERAL PERMIT(coat.) K. Terms and Conditions, SIYA'IP Requirements I. SIYMP Review/Changes: This section now requires that it'hen changes are made to site conditions, the SNAP must be revised immediately, except for some BMP description changes which conditionally may occur within 72 hours. This requirement is included to both ensure that the SIYMP be kept accurate and up-to-date, and to clarify that stormwater management at a site typically should be proactive instead of responsive, and be integrated into site management to ensure it is calibrated tit'ith those changes. The section was also clarified to state that only changes in site conditions that do not require new or modified BMPs do not need to be addressed in the SI-V/vIP. See Part I.D.5(c)of the permit. 2. SIYMP Certification: The previous permit was unclear on a requirement that the copy of SIYMP that remains at thefacilily had to be signed in accordance with permit signatory requirements. This requirement has been deleted. The signatory requirement of Part I.F.1 only applies to the SJVMP if it is to be submitted to the Division or to EPA. See Part I F.I of the permit. L. Terms and Conditions, Post-Storm Inspections . The previous permit required post-storm inspections, but did not specify the timing of inspections. This section now requires that post-storm event inspections generally be conducted within 24 hours of the event. An alternative timeline has been allowed, only for sites where there are no construction activities occurring following a storm event. For this condition,post-storm event inspections shall instead be conducted prior to commencing construction activities, but no later than 72 hours following the storm event, and the delay noted in the inspection report. Any exception from the minimum inspection schedule is temporary, and does not eliminate the requirement to perform routine maintenance due to the effects of a storm event, including maintaining vehicle tracking . controls and removing sediment from impervious areas. In many cases, maintenance needs will require a more frequent inspection schedule than the minimum inspections required in the permit, to ensure that BMPs continue to operate as needed to comply with the permit. See Part LD.6(a)of the permit. M. Terms and Conditions,Inspections 1. The Winter Conditions Inspection Exclusion section has been modified/to include documentation requirements for this exclusion. See Part I.D.6(a)of the permit. The Inspection Scope has been modified to include the requirement to inspect waste storage areas during inspections conducted in accordance with the permit. See Part I.D.6(b)of the permit. 2. The requirements for sites to qualms for reduced inspection frequencies for completed sites have been slightly modified(see Par!I.D.6(q)(2)of the permit,). The requirement now is that only construction activities that disturb the ground.surf ewe must be completed Construction activities that can be conducted without disturbance of the ground surface;for example, interior building construction, and some oil well activities, would not prohibit a site from otherwise qual:ing for the reduced inspection frequency. In addition, the requirement for the site to be prepared for final stabilization has been slightly modified to allow for sites that have not yet been seeded to quali,5 as long as the site has otherwise been prepared.for final stabilization, including completion of appropriate soil preparation, amendments and stabilization practice. This will allow for sites with seasonal seeding limitations or where additional seed application may be needed in the future to still qualify. PART II Permit-Page 29 Permit No.COR-030000 11. CHANGES IN THIS GENERAL PERMIT(cont.) 3. The Inspection Report/Records section(Part I.D.6(b)(2)) was added to clarify requirements for inspection reports generated during an inspection conducted in accordance with Part LD.6 of the permit. Inspection reports must be signed by the inspector, or the individual verifying the corrective action indicated in the inspection report, on behalf of the permittee. Inspection reports are not typically required to be submitted to the Division, and therefore, are not required to be signed and certified for accuracy in accordance with Part LF.1 of the permit.However, any inspection reports that are submitted to the Division nust.follow the signatory requirements contained in that section. N. Terms and Conditions, Maintenance, Repair, and Replacement of Control Practices These sections have been added to clarib,requirements for maintaining the BMPs identified in the SWMP and for addressing ineffective or failed BMPs. BMP maintenance and site assessment to determine the overall adequacy ofstormwater quality management at the site must occur proactively, in order to ensure adequate control of pollutant sources at the site. In most cases, if BMPs are already not operating effectively, or have failed, the issue must be addressed immediately, to prevent discharge of pollutants. See Parts LD.7 and LD.8 of the permit. O. Total Maximum Daily Load(TMDL) A section on TMDLs has been added. This section gives a general outline of the additional requirements that may be imposed by the Division if the facility discharges to a waterbody for which a stormwater-related TMDL is in place. See Section VIII.C of the rationale and Part I.D.11 of the permit. P. Additional Definitions Part LE of the permit has been modified to remove the definition of runofrcoefficient, as it is no longer a permit requirement. The definition for state waters has also been deleted, but can be found in Regulation 61. Q. Changes in Discharge The section on the types of discharge or facility changes that necessitate Division notification has been clarified See Part ILA.1 of the permit. R. Non-Compliance Notification The section on notification to the Division regarding instances of non-compliance has been amended to • clarify which types of noncompliance require notification. See Part ILA.3 of the permit. S. Short Term Certifications The previous permit allowed small short-tern construction activities to be authorized for a predetermined period from 3 to 12 months, and then automatically expire(an inactivation request did not need to be submitted). The issuance of these certifications has led to significant confusion and incidents of noncompliance resulting from permittees unintentionally letting their certifications expire prior to final stabilization, as well as issues regarding billing. Therefore, the provisions for short-term certifications have been deleted. T. BBppass The Division has revised the Bypass conditions in Part II.A.5 of the permit to be consistent with the requirements of Regulation 61.8(3)(,). The revised language addresses render what rare occurrences BMPs may be bypassed at a site. PART If Permit- Page 30 Permit No. COR-030000 III. BACKGROUND As required under the Clean {Voter Act annendments of 1987, the Environmental Protection Agency(EPA) has established a fr amework for regulating municipal and industrial stormwater discharges. Tltis framework is tinder the National Pollutant Discharge Elimination System (NPDES)program (Note: The Colorado program is referred to as the Colorado Discharge Permit System, or CDPS, instead of NPDES.) The Water Quality Control Division ("the Division') has stormwater regulations (5CC'R 1002-61) in place. These regulations require specific types of industrial facilities that discharge stormwater associated with industrial activity (industrial stormwater), to obtain a CDPS permit for such discharge. The regulations specifically include construction activities that disturb one acre of land or more as industrial facilities. Construction activities that are part of a larger common plait of development which disturb one acre or more over a period of time are also included. A. General Permits The Division has determined that the use of general permits is the appropriate procedure for handling most of the thousands of industrial stormwater applications within the State. B. Permit Requirements This permit does not impose numeric effluent limits or require submission of effluent monitoring data in the permit application or in the permit itself The permit instead imposes practice-based effluent limitations for .stormwater discharges through the requirement to develop and implement a Storrs water Management Plant (SWA'P). The narrative permit requirements include prohibitions against discharges of non-stormwater (e.g.,process water). See Part I.D.3 of the permit. The permit conditions for the S{VrviP include the requirement for dischargers to select, implement and maintain Best Management Practices (BAIPs) at a permitted construction site that adequately minimize pollutants in the discharges to assure compliance with the terms and conditions of the permit. Part LD.2 of the permit includes basic design standards for BAIPs implemented at the site. Facilities must select, install, . implement, and maintain appropriate BMPs,following good engineering, hydrologic and pollution control practices. BMPs implemented at the site must be adequately designed to control all potential pollutant sources associated with construction activity to prevent pollution or degradation of State waters. Pollution is defined in CDPS regulations (5CCR 1002-61) as man-made or man-induced, or natural alteration of the physical, chemical, biological, and radiological integrity of water. Utilizing industry-accepted standards for BMP selection that are appropriate for the conditions and pollutant sources present will typically be adequate to meet these criteria, since construction BAIPs are intended to prevent the discharge of all but minimal amounts ofsediment or other pollutants that would not result in actual pollution of State %vater•.s, as defined above. However, site-specific design, including ongoing assessment of BMPs and pollutant sources, is necessary to ensure that BMPs operate as intended. The permit further requires that stormwater discharges from construction activities shall not cause, have the reasonable potential to cause, or measurably contribute to an excursion above any water quality standard, including narrative standards for water quality. This condition is the basis for all CDPS Discharge permits, and addresses the need to ensure that waters of the State maintain adequate water quality, in accordance with water quality standards, to continue to meet their designated uses. It is believed that, in most cases, BMPs can be adequate to meet applicable water quality standards. If water quality impacts are noted, or the Division otherwise determines that additional permit requirements are necessary, they are typically imposed as follows: I)at the renewal of this general permit or through a general permit specific to an industrial sector(if the issue is sector-based); 2) through direction from the Division based on the implementation of a TALIDL (if the issue is watershed-based); or 3) if the issue is site-specific, through a revision to the certification from the Division based on an inspection or SWMP review, or through an individual permit. PART II Permit-Page 31 Permit No. COR-030000 ill. BACKGROUND (coot.) Some construction sites may be required to comply with a Qualifj'ing Local Program in place of meeting several of the specific requirements in this permit. Sites covered by a Qualifying Local Program may not be required to submit an application for coverage or a notice of inactivation and may not be required to pay the Division's annual fee. See Section VII of the rationale. C. Violations/Penalties Dischargers of stormwater associated with industrial activity, as defined in the CDPS regulations (5CCR 1002-61), that do not obtain coverage under this or other Colorado general permits, or under an individual CDPS permit regulating industrial stornrwater, will be in violation of the Federal Clean Water Act and the Colorado Water Quality Control Act, 25-8-101. For facilities covered under a CDPS permit,failure to comply with any CDPS permit requirement constitutes a violation. As of the time of permit issuance, civil penalties for violations of the Act or CDPS permit requirements may be up to$10,000 per day, and criminal pollution of state waters is punishable by fines of up to$25,000 per day. IV. STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY The stormwater regulations(CDPS regulations(5CCR 1002-61)), require that stormwater discharges associated with certain industrial activities be covered under the permit program. Construction activity that disturbs one acre or more during the life of the project is specifically included in the listed industrial activities. This permit is intended to cover most stormwater discharges from construction facilities required by State regulation to obtain a permit. A. Construction Activity Construction activity includes ground surface disturbing activities including, but not limited to, clearing, grading, excavation, demolition, installation of new or improved haul and access roads, staging areas, stockpiling offill materials, and dedicated borrow/fill areas. Construction does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility. (The maintenance exclusion is intended for projects such as road resurfacing, and where there will be less than one acre of additional ground disturbed. Improvements or upgrades to existing facilities or roads, where at least one acre is disturbed, would not qualif}'as "routine maintenance.") Definitions of additional terms can be found in Part LE of the permit. Stormwater discharges from all construction activity require permit coverage, except for operations that result in the disturbance of less than one acre of total land area and which are not part of a larger common plan of development or sale. A "larger common plan of development or sale"is a contiguous area where multiple separate and distinct construction activities may be taking place at d ferent times on different schedules. B. Types ofDischa►ges/Activities Covered 1. Stornnwater: This permit is intended to cover most new or existing discharges composed entirely of stormwater from construction activities that are required by State regulation to obtain a permit. This includes stormwater discharges associated with areas that are dedicated to producing earthen materials, such as soils, sand, and gravel,for use at a single construction site. These areas may be located at the construction site or at some other location. This permit does not authorize the discharge of mine water or process water from borrow areas. This permit may also cover stormwater discharges associated with dedicated asphalt plants and concrete plants located at a specific construction site. PART II Permit-Page 32 Permit No. COR-030000 IV STORMJVATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY(cont.) • 2. Process water: Under certain restrictions, discharges to the ground.from construction dewatering, and from concrete washout activities, are also covered(see Parts LC.3(c)(7), LC.3(c)(8), LD.3(c)and LD.3(d) of the permit). C. Types ofActivities NOT Covered 1. Stormrvater: Aside from the sources listed in subparagraph B.1, above, this permit does not cover stormwater discharged front construction sites that is mixed with stormwater from other types of industrial activities, or process water of arty kind. Other types of industrial activities that require stormwater discharge permits pursuant to different sections of the regulations (Regulation 5 CCR 1002-61, Section 61.2(e)(iii)(A-I, K)j, are not covered by this permit. 2. Process water: This permit also does not cover any discharge ofprocess water to su tjace waters. If the construction activity encounters groundwater, in order to discharge this groundwater to surface waters, a Construction Dewatering Discharge Permit(permit number COG-070000) must also be obtained. An application for this permit can be obtained from the Division at the address listed in Part 14.4(a) of the permit, or at the website in Section I of the rationale. V. COVERAGE UNDER THIS GENERAL PERMIT Under this general permit, owners or operators of stormwater discharges associated with construction activity may be granted authorization to discharge stormwater into waters of the State of Colorado. This includes stormwater discharges associated with industrial activity froni areas that are dedicated to producing earthen materials, such as soils, sand and gravel,for use at a single construction site, and dedicated asphalt plants and dedicated concrete plants. This permit does not pre-empt or supersede the authority of other local, state or federal agencies to prohibit, restrict or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. Authorization to discharge larder the permit requires submittal of a completed application form and a certification that the SIVAVP is complete, unless the site is covered by a Qualifying Local Program. Upon receipt of all required information, the Division may allow or disallow coverage under the general permit. VL APPLICATION AND CERTIFICATION At least ten days prior to the commencement of construction activities, the owner or operator of the construction site shall submit an original completed application which includes the signed certification that the SIVMP is complete. Original signatures are required for the application to be considered complete. For small construction sites only, if the site is covered by a Qualifying Local Program (see below), submittal of an application is not required. For the proposes of this permit, the "operator"is the person who has day-to-day control over the project. This can be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. At different times during a construction project, different types of parties may satisfy the definition of"operator"and the certification may be transferred as roles change. (Note- Under the Federal regulations, this application process is referred to as a Notice of Intent, or NOL For internal consistency with its current program, the Division will continue to use the term "application.') A summary of the permit application requirements is found in the permit at Part I.A.4(b). If coverage under this general permit is appropriate, then a certification will be developed and the applicant will be certified under this general permit. PART II Permit-Page 33 Permit No.COR-030000 VII. QUALIFYING LOCAL PROGRAMS For stormwater discharges associated with small construction activity(i.e., one to five acre disturbed area sites), the permit includes conditions that incorporate approved qualifying local erosion and sediment control program (Qual wing Local Program)requirements by reference. A Qualif'ing Local Program is a municipal stormwater program for stormwater discharges associated with small construction activity that has been formally approved by the Division. The requirements for Qualifying Local Programs are outlined in Part 61.8(12)of the Colorado Discharger Permit System Regulations (also see the Division's "QuaHf}'ing Local Programs for Small Construction Sites-Application Guidance'). Such programs must impose requirements to protect water quality . that are at least as stringent as those required in this permit. A. Approval Termination A Qualifying Local Program may be terminated by either the Division or the municipality. Upon termination of Division approval of a Qualifying Local Program, any small construction activity required to obtain permit coverage under Section 61.3(2)(h)of the CDPS regulations(5CCR 1002-61), shall submit an application form as provided by the Division, with a certification that the Stormwater•Management Plan (SWVMP) is complete as required by Part I.A.3 of the permit, within 30 days of Division notification. B. Approval Expiration Division approval of a Qualifying Local Program will expire with this general permit on June 30, 2012. Any municipality desiring to continue Division approval of their program must reapply by March 31, 2012. The Division will determine lithe program may continue as a approved Qualh'ing Local Program. VIII. TERMS AND CONDITIONS OF PERMIT A. Coverage under a Oualifying Local Program—For Small Construction Sites Only For small construction sites(disturbing less than 5 acres) covered under a Qualifying Local Program(see Section VII, above), only certain permit requirements apply, as outlined below. The local program must have been formally designated by the Division to qualif Most municipalities have some type of local program and may require permits and fees. However; simply having a program in place does not necessarily mean that it is a qualifying program and that a State permit is not required. The local municipality is responsible for notifying operators and/or owners that they are covered by a Qualifying Local Program. As of May 31, 2007, the only approved Qualifying Local Programs within the state are for Golden, Durango and Lakewood. An updated list of municipalities with Qualifying Local Programs, including contact injbrmation, is available on the Division's website at: http://wtt w.c•clphe.state.co.ns/wq/Per•nitsUitit/.stormit ate►konstructionu.Intl. The Division reserves the right to require any construction owner or operator within the jurisdiction of a Qualirng Local Program covered under this permit to apply for and obtain coverage under the full requirements of this permit. 1. Permit Coverage: If a construction site is within the jurisdiction of a Qualfing Local Program, the owner or operator of the construction activity is authorized to discharge stormwater associated with small construction activity under this general permit without the submittal ofarr application to the Division. The pernittee also is not required to submit an inactivation notice or payment of an annual fee to the Division. PART iI Permit- Page 34 Permit No. COR-030000 VIII. TERMS AND CONDITIONS OF PERMIT(cont.) 2. Permit Terms and Conditions: The permittee covered by a Qualifying Local Program must comply with the requirements of that Qualjing Local Program. In addition, the following permit sections are applicable: a) Parts I.A.I, I.A.2, and i.A.3: Authorization to discharge and discussion of coverage under the permit. b) Part I.D. : General limitations that must be met in addition to local requirements. c) Parts I.D.2, LD.3, I.D.4: BMP implementation,prohibition ofnon-stornnvater discharges unless addressed in a separate CDPS permit, and requirements related to releases of reportable quantities. d) Part I.D.11: Potential coverage under a Total Maximum Daily Load(TMDL). e) Part LE: Additional definitions. f) Part II (except for Parts ILA.I, ILB.3, ILB.8, and ILB.10): Specifically includes, but is not limited to,provisions applicable in the case of noncompliance with permit requirements, and requirements to provide it formation and access. B. Stormwater Management Plans (SIVMPs) • Prior to commencement of construction, a stormwater management plan (SW A4P)shall be developed and implemented for each facility covered by this permit. A certification that the SIVMP is complete must be submitted with the permit application. The SIVMP shall identif}'potential sources of pollution (including sediment) which may reasonably be expected to affect the quality of stornnvater discharges associated with construction activity from the facility. In addition, the plan shall describe the Best Management Practices (BMY1Ps) ivhich will be used to reduce the pollutants in stornnvater discharges from the construction site. (Note that permanent sarntwater controls, such as ponds,that are used as temporary construction BrLIPs must be adequately covered in the SIVMP.) Facilities must implement the provisions of their SIVMP as a condition of this permit. The SWIM shall include the following items: I. • Site Description 2. Site Map 3. Stormwater Management Controls 4. Long-term Stormwater Management 5. Inspection and Maintenance (See Parts LB. and LC of the permit for a more detailed description of SIVMP requirements.) The Division has a guidance document available on preparing a SIVMP. The document is included as Appendix A of the permit application, and is available on the Division's website at www.cdphe.state.co.us/wq/PernritsUnit. Some changes have been made to the SIVMP requirements. See Section 11.1 of the rationale for a discussion on permittee responsibilities regarding those changes. PART H I Permit-Page 35 Permit No.COR-030000 V///. TERMS AND CONDITIONS OF PERMIT(coat.) Master SWMP Often, a large construction project will involve multiple smaller construction sites that are within a common plan of development, or multiple well pads under construction within an oil and gas well field. Pollutant sources and the types of BMPs used can be relatively consistent in such cases.A permittee could significantly streamline the SWMP development process through the use of a master SIVMP. SIVMP information must be developed and maintained for all construction activities that exceed one acre (or are part of a common plan of development exceeding one acre)conducted within the permitted area. By developing a single master plan, the permittee can eliminate the need to develop repetitive information in separate plans. Such a plan could include two sections, one containing a reference section with information applicable to all sites(e.g., installation details and maintenance requirements for many standard BMPs, such as silt,fence and erosion blankets), and the second containing all of the information specific to each site (e.g., site BMP map, drainage plants, details jbr&VIPs requiring site specific design, such as retention ponds). As new activities begin, information required in the SJYMP is added to the plan, and as areas become finally stabilized, the related information is removed Records of information related to areas that have been finally stabilized that are reproved from the active plan must be maintained for a period of at least three years front the date that the associated site is finally stabilized C. Total Maximum Daily Load(TA/fDL) If the designated use of a stream or water body has been impaired by the presence of a pollutant(s), development of a Total Maximum Daily Load(TMDL)may be required. A TMDL is an estimate of allowable loading in the► aterbody for the pollutant in question. Types of discharges that are or have the potential to be a significant source of the pollutant are also identified If'a TMDL has been approved for any waterbody into which the permittee discharges, and stormwater discharges associated with construction activity have been assigned a pollutant-specific lVasteload Allocation(IVLA) under the TiVIDL, the Division will either: 1. Notifj'the permittee of the TMDL, and amend the permittee's certification to add specific BMPs and/or other requirements, as appropriate;or 2. Ensure that the TMDL is being implemented properly through alternative local requirements, such as by a municipal stormwater permit. (The only current example of this is the Cherry Creek Reservoir Control Regulation (72.0), which mandates that municipalities within the basin require specific BMPs for construction sites) See Part LD.11 of the permit for further information. D. Monitoring Sampling and testing of stormwater for specific parameters is not required on a routine basis under this permit. However, the Division reserves the right to require sampling and testing on a case-by-case basis, in the event that there is reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in removing pollutants in the gffluent. See Part LD.1(e)of the permit. E. Facility Inspections Construction sites typically must inspect their stormwater management controls at least eve!), 14 days and within 24 hours after the end of any precipitation or snowmelt event that causes swjj zce erosion. At sites or portions of sites where ground-disturbing construction has been completed but a vegetative cover has not been established, these inspections must occur at least once per month. (At sites where persistent snow cover conditions exist, inspections are not required during the period that melting conditions do not exist. These PART II Permit- Page 36 • Permit No.COR-030000 VIII. TERMS AND CONDITIONS OF PERMIT(cont.) conditions are only expected to occur at high elevations within the Colorado mountains.) For all of these inspections, records must be kept on file. Exceptions to the inspection requirements are detailed in Part 1116 of the permit. F. SWMP Revisions The permittee shall amend the SIVhIP whenever there is a change in design, construction, operation, or maintenance of the site, which would require the implementation of new or revised BMPs. The SIVMP shall also be amended if it proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity. The timing for completion ofSWMP changes is detailed in Parts LD.5(c) and LD.5(d) of the permit. SIVMP revisions shall be made prior to change in the field, or in accordance with Part I.D.5(d) of the permit. G. Reporting The inspection record shall be made available to the Division upon request. Regular submittal of an annual report is not required in this permit. See Part LD.9 of the permit. H. Annual Fee . The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Perarittees will be billed for the initial permit fee within a few weeks of permit issuance and then annually, based on a Judy I through June 30 billing cycle. L Responsibility for Permit The permit certification for a site may be inactivated, once coverage is no longer needed. The certification may be transferred, if another party is assuming responsibility for the entire area covered by the certification. In addition,permit responsibility for part of the area covered by the certification may be reassigned to another party. These actions are summarized below. The Storpvater•Program construction fact sheet explains these actions in further detail under the section on Multiple Owner/Developer Sites, and is available on the Division website at http://www.cdphe.state.co.us/wq/PermitsUnit/stornnrater/Const actSheet.PDF Section F. 1. Inactivation Notice: When a site has been finally stabilized in accordance with the SIVMP, the permittee shall submit an Inactivation Notice that is signed in accordance with Part I.F.i of the permit. A saunnary of the Inactivation Notice content is described in Part LA.6 of the permit. A copy of the Inactivation Notice form will be mailed to the permittee along with the permit certification. Additional copies are available front the Division. • For sites where all areas have been removed fi-om permit coverage, the permittee may submit an inactivation notice and terminate permit coverage. In such cases the permittee would no longer have any land covered under their permit certification, and therefore there would be no areas remaining to finally stabilize. Areas may be removed from permit coverage by: -reassignment of permit coverage (Part LA.8 of the permit); -sale to homeowner(s) (Part LA.9 of the permit); or -amendment by the permittee, in accordance with Division guidance for areas where permit coverage has been obtained by a new operator or returned to agricultural use. • PART II Permit -Page 37 Permit No. COR-030000 VIII. TERMS AND CONDITIONS OF PERMIT(coot.) 2. Transfer of Permit: When responsibility for stor nwater discharges for an entire construction site changes from one individual to another, the permit shall be transferred in accordance with Part I.A.7 of the permit. The permittee shall submit a completed Notice of Transfer form, which is available from the Division, and at w►vw.cdphe.state.co.us/tint/PermitsUnit. If the nest,responsible party it'ill not complete the tranftr_form, the permit may be inactivated if the permittee has no legal responsibility, through ownership or contract,for the construction activities at the site. In this case, the new owner or operator would be required to obtain permit coverage separately. 3. Reassignment of Permit: When a permittee no longer has control of a specific portion ofa permitted site, and wishes to transfer coverage of that portion of the site to a second party, the permittee shall submit a completed Notice of Reassignment of Permit Coverage form, which is available from the Division, and at www.cdphe.state.co.us/wq/PermitsUnit. The form requires that both the existing permittee and new permittee complete their respective sections. See Part I.A.8 of the permit. J. Duration of Permit The general permit will expire on June 30, 2012. The permittee's authority to discharge under this permit is approved until the expiration date of the general permit. Any permittee desiring continued coverage under the general permit past the expiration date must apply for recer tjftcation under the general permit at least 90 days prior to its expiration date. Kathleen Rosow December 18, 2006 IX. PUBLIC NOTICE—12/22/06 The permit was sent to public notice on December 22, 2006. A public meeting was requested, and was held on February 2, 2007. Numerous comments were received on the draft permit. Responses to those comments, and a summmy ofchanges made to the draft permit, are in a separate document entitled "Division Response To Public Comments." The permit will be sent to a second public notice on March 23, 2007. Any changes resulting from the second public notice will be summarized in the rationale. Kathleen Rosow March 22, 2007 X PUBLIC NOTICE--3/23/07 The permit was sent to public notice for a second time on March 23, 2007. Numerous comments were received on the second draft permit. Responses to those comments, and a summary of the additional changes made to the draft • permit, are contained in a separate document entitled "Division Response To Public Comments Part II". This document is part of the rationale.Any changes based on the Division response are incorporated into the rationale and permit. The response document is available online at http://ww t'.cdplre.state.co.us/wq/PermitsUnit/stormwater/consiruction.html, or by entailing cdphe.wgstormwstate.co.us, or by calling the Division at 303-692-3517. Kathleen Rosow /vfay 31, 2007 ATTACHMENT B - Noxious Weed Control Plan NOXIOUS WEED AND RE-VEGETATION MANAGEMENT PLAN USR12-0028 1.0 Introduction The Overland Pass Pipeline Company LLC (OPPL) is proposing the development of a pipeline booster pump station on a 10-acre parcel of land which comprises the SW/4 SW/4 SE/4 of Section 9, Township 7 North, Range 57E. This Noxious Weed and Re-Vegetation Management plan was developed to guide weed management for the pre- and post-construction and to guide the ongoing implementation until all disturbed areas are properly re-vegetated with native species representative of the surrounding site. The General Assembly of the State of Colorado passed the Colorado Noxious Weed Act in 2003. This act requires landowners to control noxious weeds on their properties. The act also requires each county to develop a noxious weed management plan and list of noxious weeds that must be managed on all lands in the county. The following basic actions will be taken by OPPL to comply with the Colorado Noxious Weed Act and are described in further detail in this management plan: •Survey for weed infestations before and after ground-disturbing activities are undertaken •Use appropriate construction practices to minimize noxious weed infestations •Revegetate disturbed areas •Monitor disturbed areas •Treat new infestations Noxious weeds are defined in the Colorado Revised Statutes (CRS 35-5.5): "Noxious weed" means an alien plant or parts of an alien plant that have been designated by rule as being noxious or has been declared a noxious weed by a local advisory board, and meets one or more of the following criteria: (a) Aggressively invades or is detrimental to economic crops or native plant communities; (b)Is poisonous to livestock; (c)Is a carrier of detrimental insects, diseases, or parasites; 1 (d) The direct or indirect effect of the presence of this plant is detrimental to the environmentally sound management of natural or agricultural ecosystems. The State of Colorado has designated three types of noxious weeds that require management actions (CDOA 2011b): •Colorado List A species are designated by the Commissioner for eradication. •List B weed species are species for which the Commissioner, in consultation with the state noxious weed advisory committee, local governments, and other interested parties, develops and implements state noxious weed management plans designed to stop the continued spread of these species. •List C weed species are species for which the Commissioner, in consultation with the state noxious weed advisory committee, local governments, and other interested parties, will develop and implement state noxious weed management plans designed to support the efforts of local governing bodies to facilitate more effective integrated weed management on private and public lands. The goal of such plans will not be to stop the continued spread of these species but to provide additional education, research, and biological control resources to jurisdictions that choose to require management of List C species. Table 1. Colorado Noxious Weeds List List Common Name Scientific Name Colorado List A African rue Peganum harmala Camelthorn Alhagi pseudalhagi Common crupina Crupina vulgaris Cypress spurge Euphorbia cyparissias Dyer's woad Isatis tinctoria Giant salvinia Salvinia molesta Hydrilla Hydrilla verticillata Meadow knapweed Centaurea pratensis Mediterranean sage Salvia aethiopis Medusahead Taeniatherum caput-medusae Myrtle spurge Euphorbia myrsinites Orange hawkweed Hieracium aurantiacum Purple loosestrife Lythrum salicaria Rush skeletonweed Chondrillajuncea Sericea lespedeza Lespedeza cuneata Squarrose knapweed Centaurea virgata Tansy ragwort Seneciojacobaea Yellow starthistle Centaurea solstitialis 2 Colorado List B Absinth wormwood Artemisia absinthium Black henbane Hyoscyamus niger Bouncingbet Saponaria officinalis Bull thistle Cirsium vulgare Canada thistle Breea arvensis(Cirsium arvense) Chinese clematis Clematis orientalis Common tansy Tanacetum vulgare Common teasel Dipsacus fullonum Corn chamomile Anthemis arvensis Cutleaf teasel Dipsacus laciniatus Dalmatian toadflax Linaria genistifolia ssp. Damatica (L. dalmatica) Dame's rocket Hesperis matronalis Diffuse knapweed Acosta diffusa(Centaurea diffusa) Eurasian watermilfoil Myriophyllum spicatum Hoary cress Cardaria draba Houndstongue Cynoglossum officinale Leafy spurge Euphorbia esula Mayweed chamomile Anthemis cotula Moth mullein Verbascum blattaria Musk thistle Carduus nutans Oxeye daisy Chrysanthemum leucanthemum Perennial pepperweed Lepidium latifolium Plumeless thistle Carduus acanthoides Quackgrass Elytrigia repens Redstem filaree Erodium cicutarium Russian knapweed Acroptilon repens Russian-olive Elaeagnus angustifolia Salt cedar Tamarix chinensis, T parviflora, and L ramosissima Scentless chamomile Matricaria perforata Scotch thistle Onopordum acanthium,and 0.tauricum Spotted knapweed Centaurea maculosa Spurred anoda Anoda cristata Sulfur cinquefoil Potentilla recta Venice mallow Hibiscus trionum Wild caraway Carum carvi Yellow nutsedge Cyperus esculentus Yellow toadflax Linaria vulgaris Colorado List C Chicory Cichorium intybus Common burdock Arctium minus Common mullein Verbascum thapsus Common St.Johnswort Hypericum perforatum Downy brome Bromus tectorum Field bindweed Convolvulus arvensis Halogeton Halogeton glomeratus Johnsongrass Sorghum halepense 3 Jointed goatgrass Aegilops cylindrica Perennial sowthistle Sonchus arvensis Poison hemlock Conium maculatum Puncturevine Tribulus terrestris Velvetleaf Abutilon theophrasti Wild proso millet Panicum miliaceum Weld County has adopted the State weed list, but it also has its own list of noxious weeds within three categories as shown in Table 2. Table 2. Weld County Weeds List Requirement Common Name Scientific Name Weld County Eradication Absinth wormwood Artemisia absinthium Requirement Black henbane Hyoscyamus niger Bouncing bet Saponaria officinalis Chinese clematis Clematis orientalis Dames rocket Hesperis matronalis Houndstongue Cynoglossum officinale Moth mullein Verbascum blattaria Plumeless thistle Carduus acanthoides Spotted knapweed Centaurea maculosa Tamarisk(Salt cedar) Tamarix chinensis, T parvfflora,and T.ramosissima Weld County Control or Common Name Scientific Name Eradication Requirement Bull thistle Cirsium vulgare Dalmation toadflax Linaria genistifolia ssp.damatica(L. dalmatica) Diffuse knapweed Centaurea diffusa Hoary cress Cardaria draba Leafy spurge Euphorbia esula Perennial pepperweed Lepidium latifolium Russian olive Elaeagnus angustifolia Yellow toadflax Linaria vulgaris Weld County Control Requirement Common Name Scientific Name Canada thistle Breea arvensis(Cirsium arvense) Common and cutleaf teasel Dipsacus fullonum and laciniatus Dipsacus Eurasian watermilfoil Myriophyllum spicatum Jointed goatgrass Aegilops cylindrica Musk thistle Carduus nutans Russian knapweed Acroptilon repens Scotch thistle Onopordum acanthium,and 0.tauricum Venice mallow Hibiscus trionum 4 Yellow nutsedge Cyperus esculentus 2.0 Weed Management The following sections provide guidance to limit the extent of effects and potential for dispersal and establishment of noxious weeds. A walkover survey of the entire site will be performed to identify weed species. The noxious weeds will be identified based on the Colorado Noxious Weed Act (CRS 35-5.5) and Weld County weeds list. If noxious weed are identified they will be managed in accordance with Colorado state weed law and appropriate Weld County requirements. Actual control methods will be selected based on the species to be controlled. OPPL will limit disturbance footprints associated with construction activities to the extent possible to minimize opportunities for noxious weed invasion. Clearing or blading will only occur in the minimum area needed for safe and efficient construction. Construction activities will avoid areas where noxious weeds are established to the extent possible. All heavy equipment used during construction will be washed prior to use in the site area to ensure that weed seed from a different region is not transported on to the site. Washing of equipment within the site is not recommended. Onsite washing of equipment increases the chance of weed seed dispersal by drainage of water across and potentially offsite. Instead, accumulations of mud will be knocked off equipment. This method promotes containment of weed seeds on the work site, where it can be monitored and treated, if necessary. 3.0 Weed Control A number of strategies are available for control of noxious weeds. The methods described in this weed management plan include mechanical and chemical methods. Mechanical methods typically include means such as hand-pulling, digging, and mowing. Chemical control methods typically rely on selective and non-selective herbicides. The type of herbicides would vary depending on the weed species to be controlled. Treatment of one noxious species may open up new habitat for other noxious species if native species are not reestablished. For these reasons, successful, complete, and timely implementation of the revegetation program will be a critical element to successful management of noxious weeds within the site and adjacent lands. 5 4.0 Revegetation The purpose of revegetation is to reestablish vegetation that will be removed during construction. By reestablishing vegetation, the potential for soil erosion will be reduced and wildlife habitats will be repaired/re-created. Once the construction phase of the Buckingham Station is complete, OPPL will manage the regeneration of grass in this area, including manual mowing and/or trimming of weeds until such time as the grass becomes established. Disturbed areas will be revegetated as soon as practical, using approved seed mixtures and techniques. Disturbance areas would be re-seeded using approved, certified weed-free seed. Other materials used as part of revegetation, such as hay mulch, manure, or fill material, will also come from certified weed-free sources to the extent practical. Additional details on revegetation are provided in the following subsections. The following principles will be applied: • Minimize disturbed areas. • Salvage and stabilize existing topsoil to use in reclamation. • Use plant species that can be established and survive in the reclaimed environment. • Control noxious weeds and other undesirable species. • Monitor the site. • Maintain the site. A pre-construction vegetation survey will be completed to establish a baseline of species diversity and percent ground cover in areas likely to be disturbed by construction or other activities that may disturb the ground cover. The results of the survey will be use to reestablish the disturbed areas with appropriate species diversity, abundance, and ground cover percentage. The goal for revegetation will be 80 percent ground cover on all disturbed areas within 2 years after the end of construction. With site construction occurring in 2012, OPPL estimates full regeneration of grass in the exterior acreage could extend across two growing seasons, or the equivalent of calendar years 2013 through 2014. 6 Disturbed soil will be re-contoured as close as possible to pre-construction contours. Areas that have been compacted by repeated equipment traffic will be ripped to allow water penetration and successful plant regrowth. Erosion control will be maintained or reinstalled, as needed. Based on the pre-construction vegetation survey an appropriate certified weed free seed mix will be selected. The preferred seed planting times are spring and fall. Actual seeding dates will be depend on soil conditions and the completion of construction activities. Planting will not occur when equipment would significantly compact or otherwise disturb the soil because of excessive soil moisture. Although spring and fall are the recommended times for seeding, a vegetation cover will be established as soon as possible after construction is complete to prevent establishment and spread of noxious weeds. Various types of mulch may be used to improve retention of soil moisture and plant establishment. A certified weed-free straw mulch material will be used. Hydro-mulching may also be used on steeper cut-and-fill slopes. The need for mulch will be determined during reclamation, based on slope, soil moisture availability, and other site conditions. 5.0 References CDOA (Colorado Department of Agriculture). 2011a. Noxious Weed Management Program. Colorado Noxious Weed List. http://www.colorado.gov/es/Satellite?c=Page&cid=1174084048733&pagename=Agriculture- Main%2FCDAGLayout. Accessed January 14, 2011. CDOA (Colorado Department of Agriculture). 2011b. Noxious Weed Management Program. http: 'www.colorado.gov 'cs/Satellite./Agriculture-Main/CDAG/1174084048733. Accessed December 21,2011. Weld County. 2011. Weld County Department of Public Works - Weed Division. Webpage located at: http://www.co.weld.co.us/Departments/PublicWorks/WeedManagement/IdentifyingPlants/Contr olWeedSpecies-ListB.html. 7 ATTACHMENT C - CDPHE Construction Air Permit 12WE1104 oa coca II Colorado Department of Public Health and Environment Air Pollution Control Division 1896 OIL AND GAS INDUSTRY CONSTRUCTION PERMIT SELF-CERTIFICATION FORM PERMIT NO:12WE1104 AIRS ID: 123/9633 Issuance 1 ISSUED TO: Overland Pass Pipeline Company, LLC (OPPL) IMPORTANT NOTICE TO PERMIT HOLDER: The following Self-Certification document must be completed and submitted within 180 days of starting any and all equipment described in the above permit. PURSUANT TO C.R.S.§25-7-114.5,FAILURE TO SUBMIT A COMPLETE SELF-CERTIFICATION FOR EACH UNIT WITHIN 180 DAYS OF START-UP MAY RESULT IN FORMAL ENFORCEMENT ACTION AUTHORIZED BY C.R.S. §25-7.115, UP TO AND INCLUDING PERMIT REVOCATION. This document must be completed and signed by a responsible official as defined under Colorado Air Quality Control Commission Regulation No. 3, Part A, §I.B.40. To complete this form, initial on the appropriate lines below. All supporting documentation must be submitted with this form. A Construction Permit Final Authorization to Operate will be issued only if all permit conditions are being met. Please save a copy of this completed form for your records. 1. Start-up The following equipment as described in the permit number listed above has been installed and started: All equipment described in this permit has been installed and started. Notice of Start-up(s) have been filed,and this self-certification document encompasses all equipment listed on the permit. 2. Opacity I certify this equipment Is generating no visible emissions in excess of permit limits. (Formal Visible Emissions reading NOT required). 3. Emissions and Process Limits I certify that this source is in compliance with the permit's emissions limits. I certify that to calculate emissions,this source is using the emission factors or methodology described in the permit.' Page 1 of 2 Colorado Department of Public Health and Environment ot•co Air Pollution Control Division t7 4. Directed Inspection and Maintenance Program I certify that upon start-up,this source began following the DI&M program submitted and approved with the permit application,and continues to do so. 5. Compliance Testing and Sampling I certify that the required compliance testing for the equipment described in Section 1 above has been completed, and the results: ❑ were submitted to the Division on (DATE). ❑ will be submitted to the Division on or before (DATE). The responsible official whose signature appears below further certifies to the following: I have reviewed the above paragraphs, the terms and conditions of the Construction Permit referenced above, and the Information being submitted for final approval of this permit in its entirety. Based on information and belief formed after reasonable inquiry, I certify that the source is in full compliance with each permit condition of this construction permit, and the statements and information contained in this submittal are true,accurate and complete. Please note that the Colorado Statutes state that any person who knowingly, as defined in § 18-1.501(6), C.R.S., makes any false material statement, representation, or certification in this application is guilty of a misdemeanor and may be punished in accordance with the provisions of§ 25-7 122.1, C.R.S. Printed or Typed Name Title Signature g ature Date Signed Page 2 of 2 STATE OF COLORADO os«ko COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENTFP •`=, 118 AIR POLLUTION CONTROL DIVISION .« i.:' F1*. TELEPHONE:(303)692-31511 *Ian* CONSTRUCTION PERMIT PERMIT NO: 12WE1104 ,lui 2 6 2012 Issuance 1 DATE ISSUED: ISSUED TO: Overland Pass Pipeline Company, LLC THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Natural gas liquids pump facility facility, known as the Buckingham Pump Station, located at SWSE Section 9,Township 7N, Range 57W, in Weld County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Facility AIRS Equipment Point Description ID Natural gas liquids venting for equipment maintenance Slowdowns 001 blowdowns. Emissions from this source are routed to an open- flame flare(Make: Zeeco, Model:AF-4, Serial Number:TBD) FUG 002 Equipment leaks(fugitive VOCs)from a natural gas liquids pump facility. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL GENERAL CONDITIONS CLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: INCLUDED REQUIREMENTS TO SELF-CERTIFY FOR FINAL AUTHORIZATION 1. YOU MUST notify the APCD no later than fifteen days after commencement of the permitted operation or activity by submitting a Notice of Startup INOS)form to the APCD. The Notice of Startup (NOS) form may be downloaded online at vuww.cdphe.stale.co.us/ap/downloadforms.html. Failure to notify the APCD of startup of the permitted source is a violation of AQCC Regulation No. 3, Part B, Section III.G.1 and can result in the revocation of the permit. 2. Within one hundred and eighty days (180) after commencement of operation, compliance with the conditions contained on this permit shall be demonstrated to the Division. It is the permittee's responsibility to self-certify compliance with the conditions. Failure to demonstrate compliance within 180 days may result in revocation of the permit. (Reference: Regulation No. 3, Part B, II.G.2). 3. This permit shall expire if the owner or operator of the source for which this permit was issued: (i) does not commence construction/modification or operation of this source AIRS ID: 123/9633/001-002 Page 1 of 9 Fugitive Version 2009-2 Overland Pass Pipeline Company, LLC Colorado Department of Public Health and Environment Permit No, 12WE1104 Air Pollution Control Division Issuance 1 I within 18 months after either, the date of issuance of this construction permit or the date on which such construction or activity was scheduled to commence as set forth in the I permit application associated with this permit; (ii) discontinues construction for a period I of eighteen months or more; (iii) does not complete construction within a reasonable time of the estimated completion date. The Division may grant extensions of the deadline per Regulation No. 3, Part B, III.F.4.b. (Reference: Regulation No. 3, Part B, III.F.4.) 4. The operator shall retain the permit final authorization letter issued by the Division, after completion of self-certification, with the most current construction permit. This construction permit alone does not provide final authority for the operation of this source. EMISSION LIMITATIONS AND RECORDS 5. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis). (Reference: Regulation No. 3, Part B, Section II.A.4) Annual Limits: • Facility AIRS Tons per Year Equipment ID Point VOC Emission Type Blowdowns 001 3.8 Point FUG 002 8.6 Fugitive J See "Notes to Permit Holder 44 for information on emission factors and methods used to calculate limits. Annual records of the actual emission rates shall be maintained by the applicant and made available to the Division for inspection upon request. I 6. The emission points in the table below shall be operated and maintained with the control equipment as listed in order to reduce emissions to less than or equal to the limits established in this permit(Reference: Regulation No.3, Part B, Section III.E.) Facility AIRS Pollutants Equipment ID Point Control Device Controlled Slowdowns 001 Open-flame flare VOC PROCESS LIMITATIONS AND RECORDS 7. This source shall be limited to the following maximum events per equipment as listed 1 below, Annual records of the actual number of event type shall be maintained by the applicant for two years and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B, II.A.4) Process Limits Facility AIRS — -- — - -- — — — Annual Limit Equipment ID point Process Equipment -- — -- — .--- __ events per_ye Blowdowns _ 001 -Oi Strainer blowdown events -- p �- ar) 24 AIRS ID: 123/9633/001-002 Page 2 of 9 Overland Pass Pipeline Company, LLC Colorado Department of Public Health and Environment Permit No. 12WE1104 Air Pollution Control Division I Issuance 1 I 24 02 Pum�r blowdown events I 03 Station piping blowdown 1 events _ .— STATE REGULATORY REQUIREMENTS 8. Visible emissions shall not exceed twenty percent(20%)opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. (Reference: Regulation No. 1, Section II.A.1, &4.) 9. No owner or operator of a smokeless flare or other flare for the combustion of waste gases shall allow or cause emissions into the atmosphere of any air pollutant which is in excess of 30%opacity for a period or periods aggregating more than six minutes in any sixty consecutive minutes. (Reference: Regulation No. 1, Section II.A.5.) 10. This source is subject to the odor requirements of Regulation No. 2. (State only enforceable) 11. Minor sources in designated nonattainment or atlainmenllmaintenance areas that are otherwise not exempt pursuant to Section II.D. of Regulation No. 3, Pan B, shall apply Reasonably Available Control Technology(RACT)for the pollutants for which the area is nonattainment or attainment/maintenance (Reference: Regulation No. 3, Part B, III.D.2.a). This requirement to apply RACT shall be satisfied by installing/implementing the following emission controls: a. AIRS Point 001: All emissions from this source shall be combusted by a flare. b. AIRS Point 002: Directed Inspection & Maintenance as described below shall satisfy the requirement to apply RACT. (i) For leak screening, auditory/visual/olfactory inspection (AVO) will be performed twice a year. (ii) For each leak found in the AVO inspection, a gas detector shall be used to determine the size of the leak. The gas detector shall be regularly calibrated. Component leaks greater than 10,000 ppm shall be managed in accordance with Item (vi) below, unless it is unfeasible to make the repair without shutting down the affected operation of the facility. For such component leaks that require a shutdown to be repaired, repair shall occur during the first shutdown of the affected operation after the leak is discovered. (iii) For repair, valves adjacent to the equipment to be repaired will be closed if practicable, minimizing the volume released. (iv) Repaired components shall be re-screened to determine if the leak is repaired. (v) The following records shall be maintained for a period of two years: • The name of the site screened via AVO inspection and the name of the inspector. • Components evaluated with the gas detector. • Repair methods applied. AIRS ID: 123/9633/001-002 Page 3 of 9 Overland Pass Pipeline Company, LLC Colorado Department of Public Health and Environment Permit No. 12WE1104 Air Pollution Control Division Issuance 1 • Dates of the AVO screenings, gas detector calibrations, attempted repairs, successful repairs, repair delays, and post-repair screenings. (vi) Leaks shall be repaired as soon as practicable, but no later than 15 calendar days after detection, unless it is technically or operationally infeasible to make the repair within 15 calendar days. Records documenting the rationale shall be maintained if it is technically or operationally infeasible to make the repair within 15 calendar days. COMPLIANCE TESTING AND SAMPLING Initial Testing Requirements 12. Within one hundred and eighty days (180) after commencement of operation, the operator shall complete a hard count of components at the source and establish the number of components that are operated in "heavy liquid service", "light liquid service", "water/oil service" and "gas service". The operator shall submit the results to the Division as part of the self-certification process to ensure compliance with emissions limits. ADDITIONAL REQUIREMENTS 13. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No. 3, Part A, II.C) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tons per year, a change in actual emissions of five(5)tons per year or more, above the level reported on the last APEN; or For any non-criteria reportable pollutant: If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified;or • e. No later than 30 days before the existing APEN expires. GENERAL TERMS AND CONDITIONS: 14, This permit and any attachments must be retained and made available for inspection upon request. The permit may be reissued to a new owner by the APCD as provided in • AQCC Regulation No. 3, Part B, Section II.B upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 15. If this permit specifically states that final authorization has been granted, then the remainder of this condition is not applicable. Otherwise, the issuance of this construction permit does not provide "final" authority for this activity or operation of this source. Final authorization of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section AIRS ID: 123/9633/001-002 Page 4 of 9 Overland Pass Pipeline Company, LLC Colorado Department of Public Health Hea Control lthn and Environment Division nt Permit No. 12WE1104 Air Issuance 1 III.G. Final authorization cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. Once self-certification of all points has been reviewed and approved by the Division, it will provide written documentation of such final authorization. Details for obtaining final authorization to operate are located in the Requirements to Self- Certify for Final Authorization section of this permit. 16. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicants agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 17. Unless specifically stated otherwise,the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. 18. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to self-certification and final authorization by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 19. Section 25-7-114,7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 20. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions),-122(civil penalties), -122.1 (criminal penalties), C.R.S. By: C ( Jacob Sebesta Permit Engineer Permit History __ __—____ ___ ---- ---- - ---- Issuance Date DescriptionIssuance 1 This Issuance Issued to Overland Pass Pipeline Company, LLC. --———--- AIRS ID: 123/9633/001-002 Page 5 of 9 Overland Pass Pipeline Company, LLC Colorado Department of Public Health and Environment Permit No. 12WE1104 Air Pollution Control Division Issuance 1 I I Notes to Permit Holder: 1) The emission limits contained in this permit are based on the consumption rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedance of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with a request for a permit revision. 2) This source is subject to the Common Provisions Regulation Part II, Subpart E, Affirmative Defense I Provision for Excess Emissions During Malfunctions. The permillee shall notify the Division of any malfunction condition which causes a violation of any emission limit or limits stated in this permit as I soon as possible, but no later than noon of the next working day, followed by written notice to the Division addressing all of the criteria set forth in Part II.E.1. of the Common Provisions Regulation. I See: http://www.cdphe.state.co.us/requlations/airregs/100102agcccommonprovisionsreq.pdf. I 3) The following emissions of non-criteria reportable air pollutants are estimated based upon the process limits as indicated in this permit. This information is listed to inform the operator of the Division's analysis of the specific compounds emitted if the source(s) operate at the permitted limitations. Uncontrolled Controlled AIRS Emission Are the Emission Rate emissions Rate Point Pollutant CAS# BIN (lb/yr) reportable? (lb/yr) ' e Benzen 71432 A 3077.3 Yes 153.9 Toluene 108883 C 3077.3 Yes 153.9 001 Ethylbenzene 100414 C 153.9 No 7.7 Xylenes 1330207 C -- - —__ — - 769.3 Yes 38.5 n-Hexane 110543 C 12309.0 Yes _ — — — 615.5 Ii Benzene 71432 A 343 Yes 343 Toluene 108883 C343 No 343 I 002 Ethylbenzene 100414 C 17 No - - --- o 17 Xylenes 1330207 C 86 No 86 _ — n-Hexane 110543 C 1373 Yes 1373 4) The emission levels contained in this permit are based on the following emission factors: Point 001: j T Uncontrolled Emission Factors_ lb lb lb Ethyl-7 lb I lb n lb VOC/ Benzene Toluene benzene/ Xylenes Hexane/ I _Process Descr�tion _ _event /event /event event /event event _Strainer _ _ _ _event— - _ 01 blowdown 1,007.8 20.157 20.157 1.0078 5.0392 80.627 events Pump blowdown — — . _.--. --- - ---- 02 _ events_ ___ 4031.3 - 80.627 80.627 4.0313 20.157 322.51 -• I AIRS ID: 123/9633/001-002 Page 6 of 9 i Overland Pass Pipeline Company, LLC Colorado Department of Public Health and Environment Permit No 12WE1104 Air Pollution Control Division i Issuance 1 I I Station piping -r 03 blowdown 32,923 658.45 858.45 32.923 164.61 2633.8 I events — — — — — Controlled Emission Factors — — — — — lb I lb lb Ethyl- lb lb n- lb VOC/ Benzene Toluene benzene/ Xylenes Hexane/ Process Description event /event /event event /event event - •— Strainer 01 blowdown 50.392 1.0078 1.0078 0.05039 0.25198 4.0313 events. 02 Pump blowdown 201.57 4.0313 4.0313 0.20157 1.0078 16.125 events Station piping 03 blowdown 1646.1 32.923 32.923 1.6461 8.2308 131.690 events Note: The pound per event emission factors in the table above were calculated based on the permit holder's estimates of the volume of each type of blowdown event and the maximum VOC and HAP weight fractions in the natural gas liquids released in each blowdown(shown below). Volume of E uipment — _ _. — NGL properties _- — — Llq.Volume per Density_ 223,96 lb/BBL Process Eq_ulpment evenfBBL) — — — 01 Strainer 4.5 VOC wt% _ —100 _- 02 Pump _ _ _ 18 — Benzene wt% —.-.—_ 2.-- - -- _ — Toluene wt% _ 2 03 Plying — — —. 147 EthyilLenzenewt% _ a1 r• Xylenes wl%_ __ - 0.5-- n_Hexane wt% B Point 002: Component — Gas Service Heavy Oil Light Oil Se Water/Oil tvi e Connectors —.— — — Q — .717 —_ Flanges _ —.—_ — 0 ..—.... . 0 _ 126 0 —. Open-ended Linea— — �- 0 0 _�?6 0 _ —_ 0 Pump Seals_- .--. _ . 0. —__0. 5 - — Valves O 0 239 0 _ Other" — — — — — 0 0 5 0 VOC Content(wl%) —_. -- — - 100% _ -- Bonzene Content(wt%) , _._ .- —_ .. . Toluene Content(wt%) - .--. -__ 2%6 --.- - - E'th !benzene Content wt% -- —_ 0.1% •--•—_ Xylenes Content(wt%) . . = . . .- •0.5% .. - n-Hexano Content wf% -- 8% "Other equipment type includes compressors, pressure relief valves, relief valves, diaphragms, drains,dump arms,hatches,instrument meters,polish rods and vents TOO Emission Factors(kg/hr-component): Component Gas Service Heavy. Oll Light Oil Water/Oil AIRS ID: 123/9633/001-002 Page 7 of 9 Overland Pass Pipeline Company, LLC Colorado Department of Public Health and Environment Permit No. 12WE1104 Air Pollution Control Division Issuance 1 Connectors 2.0E-04 7.5E-06 2.1E-04 1.1E-04 • Flanges 3.9E-04 3.9E-07 1.1E-04 2.9E-06 • Open-ended Lines 2.0E-03 1.4E-04 1.4E-03 2.5E-04 Pump Seals 2.4E-03 NA 1.3E-02 2.4E-05 Valves — — 4.5E-03 8.4E-06 2.5E-03 9.8E-05 Other 8.8E-03 3.2E-05 7.5E-03 1.4E-02 Source: EPA-453/R95-017 — — — —Compliance with emissions limits In this permit will be demonstrated by using the TOC emission factors listed in the table above with representative component counts,multiplied by the VOC content of the liquids. 5) In accordance with C.R.S.25-7-114.1, the Air Pollutant Emission Notice(APEN)associated with this permit is valid for a term of five years. The five-year term for this APEN expires on January 19, 2017. A revised APEN shall be submitted no later than 30 days before the five-year term expires. 6) This facility is classified as follows: — Applicable Status — — — — — — Requirement Operating Permit True Minor Source PSD True Minor Source • 7) Full text of the Title 40, Protection of Environment Electronic Code of Federal Regulations can be found at the website listed below: http://ecfr.gpoaccess.gov/ Part 60:Standards of Performance for New Stationary Sources N• SPS 60.1-End Subpart A—Subpart KKKK NSPS Part 60,Appendixes Appendix A—Appendix 1 Part 63:National Emission Standards for Hazardous Air Pollutants for Source Categories MACT 63.1-63.599 Subpart A-Subpart Z — MACT 63.600-63.1199 Subpart AA-Subpart DDD MACT 83.1200-63.1439 Subpart EEE—Subpart PPP MACT 63.1440-83.6175 Subpart QQQ—Subpart YYYY — MACT 63.6580-63.8830 Subpart ZZZZ—Subpart MMMMM MACT 63.8980-End Subpart NNNNN—Subpart XXXXXX 8) An Oil and Gas Industry Construction Permit Self-Certification Form Is Included with this permit packet. Please use this form to complete the self-certification requirements as specified in the permit conditions. Further guidance on self-certification can be found on our website at: AIRS ID: 123/9633/001-002 Page 8 of 8 Overland Pass Pipeline Company, LLC Colorado Department of Public Health and Environment Permit No. 12WE1104 Air Pollution Control Division Issuance 1 ht[2://www.cdphe.state.co.usiap/oilpaspermittinghtml • AIRS ID: 123/9633/001-002 Page 9 of 9 ATTACHMENT D - Lighting Plan Information 18'OVERLAND PASS PI?EUHG 660'-0• PROM BAKKEN TIE-S. M T. _ N.615•-IT r OPPL PROPERTY LINE,EFA_0-,N_620'-0- �,, `6W' I A!L PWBIC DINCH"aKNis TO 9E HELD TO CO.Fa B6 1 T a�c RAN DATLlA AT rSED FACE E CF ...._ - - -- 1,0--- I , 1 /♦., ' PIN OE A),D i Cf E71151 PIPELNE /'1 rfI rn (PROPOSED) I � rs 141,0.$C o _ 10 ACRE TRACT r� �- Ee / IH9 SMQ� I / — / / - _.___.._ /• H•366'-5'# 8 i v--us ifir___-N48_0- I �. •�.r \. 3J,.• - lot I ,..f \°?)-_,_ 7. ,s,[\04-. - y ¢I 11•_458 " {~[``.`,,+ \ \r�r\r- ••\• SEETHE LEI Ei'A-�O REA,t/r FIII' 1.V p._.cl 4• I IV FROM ..�•i `-'\ .� PULIP SIATO'I BLKKEN 1[-R .•-\, \+ _•...f • • .`J \•. .5 L S7_ '.. \ r•.`r \r�r '�, II5 r ■I i CO.RD. 137 Y ..... `� f '�...`r A p 17 w DETAIL A" i qT I - f .1',..„, ;O r, -�`•r \.144 n SCALE 1.-5• I CO.RD.82 1 Q ',,H 368=-5'..Hl �•, '., "o.' ti. 0 1 a [ �, rFFke ,� .\ �g LOCATION MAP SCALE i`=200' IL ssr—O IDSI �`♦♦ `• 4 pmt `f IL 326•-0• I :ate','., _�.. -\ ♦..` \..` .� / I 3 �r�9LY— 11! T 1 ' \ ..piT .L`�S p/n 4 �+ .•4,,r\ q SEE pYC.530-P21 001 WELD COUNTY. COLORADO , ~♦�W£ ; r+ '\, s o. /, FOR Oa OF MATERAL SW/4 SW/4 SE/4 SECTION 9, N.276'-0` i 1 s::::1 __faool' '•.� O♦y ,_ ..�N.22.7 3�Tr�. '��—.—.—'—.—_—.—.—.— !6. I t CCOA __� ...— r 7' /'i //h TOWNSNP 7 NORTH, RANGE 57 WEST 1 \ Q \ \r \ sr0 '7 ` .ns�' - N.n6._0. ":�ti N.zzs'Ar.-1,,.. ``~'.,,,.. ------ 1�-r-: Y I \�'-'♦� La S-6'MEMOI o IT Q i ►,yJ.Y_p• 3'-6-I'[IIE511A+J1 \ ♦�♦h M I \y'��\ h CIWN EWE .I /"' •R� •c�i PASI'-C41E I r am•• �// i' L■■ . IW JIw EE nE-RA1fW fG .� !'I \_ '~-,,.. $ •G:I /...., ,. '`�.••.: ,�,A�T • N «+ w TERVINAT1Ct, WS-CON:MINE A: \ 'Ay.. �--• `6'Y- ^. ------ • I 3 a o CABINET FENCE AREA J .,.,\ ••I♦`—.—.—_—.— -- .1. �` I rL T Z -.I D �' •,,•, i rsTD_2D� I �W ,T o •=. 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PROJECT - Tulsa Engineering Alliance,Inc. , s 535-P20-001 Heritage in IACpAs1...FndI.nring for the TI,SIC. WE ISSLTD 02/•4/•2 I3 AREA LIMITS, SEE DWG. 535-E21-003 wwwIwwwlwwala i..ral rar w r—aI w a I I w ra lM I w w aaaa I - ra aaaa IIIMMIIIImi - l , a a era a s NI a s a s - w IM I I w w aaaa I w a aaaa l a a al= ll • I I AC -2 i i AFB-: AC-3—Latek'.2 .....B-1 I I I r I QQQ I , 8 r• 41 E2 14 42 I '8� `51 9BL J-B_71 I I I • I , CnsLE FTCM '., R. ` IL'u 'u.I:,yt LI3J '1I I i E SCE DEW! 2G SnKIi-.]I 21♦25/44 70 77 21 25 44 , I I I ) 535-E30- r 1 J-1'A1f s r,H-&A'x I ! 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S35-E -Qil ly ..SEE DEW•J• I SEE 7Egt v (�u\} I II f 0aa 535-L93-L02 I i DGi SL-E30-OCI V l i I J pJ SIAIIONt I I1-2° S 0I I I a9 SEE MAL 535.-130-032 I' 1 ? - 61 S7 31 Y. 1_! M � k51 I II . L i I I !��I —Wr:•. •.. I _. ,.i lI .:W 11 I I ISSUED FOR ttl 7E-11 I'-- 20 51 _ / i9A 298 �..� l•-V rF I 1/IF/12 I — (-1:1-Y 5' �` �� // /*I� 1 E3� Tulsa Engineering Alliance,Inc. I �� 61 56 / Hefty in Ie past...Engtneenug for the future. • ELME Dr1EG'OR (�VS) 27 28 .� ��N // /// 34A 348 4E DEEA1•A• l t I LSD SKI1LN \\ / // I ;S5JE:FOR 8 • • ]7W S3S-CSO-OOI \ I SEE]CAI_ -... '� ." % I A WO JAL x•En. 19 �� / REV DRAWN EN 1falTE REVISED`C'.HEE))ED BY PROJECT END. I APPROVED R3' 5 5-EYJ_072 p ,� u . I PPM OVERLQND PASS P/PEL/NE COMPANY LLC. I DJJ5.E r r•LIRE F0_E ,'F„, ___-_=--1 v..: ,Er DE'A4.. I BUCIONGHAM STATION 55 I LC.5.35-03-033\..2./ �\ I I ELECTRICAL .743 NA 35 A 31 A 79B 29k 28'2)1'B A 4 A /1 A \ CONDUIT PLAN L54 62 67 63 5) 57 56 5) 4- -. 38 SF 35 BUCKIIJ3hAIJ COLORADO al a a s aaaaaa w w w aaaa� w w al w>- a A IEr-y w w -1 \a M l M a ww�Fy aE a a MMMIMMI FO M III w w w1 a a a a IIIMI a s w a w w a aCRAW,BE D O SCALE-I/15• = 1• IAF.E CHECKEDtY AY_ DRAWING NO. AREA LIMITS, SEE DWG. 535-E20-001 PROJECT DIG. APPRDVED BY DATE DATE ISSUED I A , AREA LIMITS, SEE DWG. 535-E22-003 AREA LIMITS, SEE DWG. 535-E22-001 r. -- aaaaaaaaaaaaaaaaa— - - ,, , -— . 1 rt, . law = IMMI - = M = - r. MiEMOINI ME r. r_ - - r_ r. MI r_ - - - = - = MIIMMEMIN r. MI II - - — - - — r. - — - MI r_ MI MI Il II II Ss I I I I , I N I i\ • +2/0 \ I DETAIL le I 1I I \, Via/ ?-x-x-x-x-x-x-• O -x• x-x-z-x x-il U_ I xI0 O 1 (s o-GNP-cD0.... W ../. N N I DUAL '1' , a ti x i N Tr?) I I jj W I I i 11 � II) I E x I M NOTES: M In in I I I I I I. CABLE ILRhAAS 10.W E341 10 8.'v40Y'EA- • • I X x I C2 2. Ali C4OIlA RAE 10 ER S'R+LLED CCPPER 0/60CV FN OR 11P PI.SIAAl 'I_ I I'�) I I I IXF I 3. R:IOR CLNIKL:L'Eh:LIA At!)SNI:CI,(xAii WILL I WOE A tl31PAL4?IYIC''t44 CRgxI)_UOP':r2C] ID I ICI I x x I W CN'ffCI CROW)C IS FROM 1FE EOIA ally GROAn I 6CILY 10 IW AACRJJ)LOD'. Lei I I I PDC I W S DPE 4. SERA4 SKILL BE S BE 0 RJ:4L TO MOM V..' W ENCLOSURE STD-GNC-00�r1 I 5. CA?,'N ROD 10 BE 3/4 i0' 1VA'IZED STEEL (/) OEIAL"5' x REMOVE 000 CILYFS2Px'0 BARE SIEL_BE 0RE I (lOP) I X I (!) 101,4.:EEXCT,ER)IC(G::OEAD)C81,Ni CIOi. 1 (pl )— 6. SEC.,IE R•:MA30'10 COR:BEIE A'TAO LOC/VIS TRANSFORMER I I — 11! 000 Ls aauai j I— X 4v�nt 4:RS;A,f_; ,� 7 WAWA'MS S,ILL'_f I.E551:ED IMF SI.PALEYFh7AL I J C11034C N1 10 EARN IN K-XCRIVICE RIII I.FPA MO. XFMR-02 i I I II ! El MAN cRax 7 IOOF;MOM ccAa IaR)10 BE • { OES,A0)/±�"000'L TO FAC:JIY WOORERLN1S 6:11 :c W ON SMALLER Tie,p4/:. O :71:. ' i I 'PANSFCRA=ER SECOIPI'iRY COhhYC^0ti 'XO'LS NOT 10 RE I . I I I I I I Q 4'ROUN0EC TO G50JT ANG LOOF.1101/001 '00'S COAYECTED Q I • f 'C A 1404 ROS'SFA'OCE GROUND t,1RC GCNIRC.CABINET ITEM x x P?C BJMENNC.SEE CETAE'X'OH DRAWING 535-E30-0O3. (S13-G'o_204 <�D RUER 13 E11G:CP.{L E1ii.'SERIN;5GBSLA1011 NAPN3 KR CRCI.L)1ti "UM.'25' ---_-_ __—-- I I x I REOLIREPEIRS RI SOBSW041 AREA.I I I I I (SID-CW-001Y I I I -. .. DEW z. I F i x LEGEND: ' SATELLITE I I I:I: I• r DISH {s=D-cND-ocs� I I I I go 0Fr.'10 AOO I DETAIL 3Y' I Ij I I M TAP 0:D SATlliE 05H PD f, 45N.:A BI),T( I I I . L"J'CR P"ERAIF3 VANE CRC.iDP.C I 'CC'SERVE POET FOR:NE I ---_ GRIX.t4 IDOP CUBIC GR•x1a CJI1AfLFCY AAx I—X x- x—x—xxxxxxx--x--x—X—x—X—X X—O—6—X X—X—X—x—X --X X-.—X R X—X—X—X—X—X—X X—A I I ISSUED FOR tk 7E1 111/'2 Tulsa Engineering Alliance,Inc. Hcraa,c in the parr...Engineering:w dw Mare. GS'SO FOR B O A REV DRAWN BY I DATE PEWEE)I CHECKED BY I PROJECT ENG. I APPROVED BY I I OVERLAND PASS P/PEL/NE COMPANY LLC. 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I. � . 4 I- III 1111 I-I-I-I-I I I I I i-I-I-I-I-{-II I IIII ,,. , OVERLANOPASSP/PEL/NECOMPANYLLC, -�/ ( I -II I I r"38 III ' II IIII IIIIIII BUCKINGHAM STATION U O O O �� 1 1111111 � IIIIIiI IIIIIIIII IIII ECUSa�A� Mh-1:3 16 t5 43 13 La 23 45 26 5 MISCELIANECl1S OUTSIDE DETAILS ICOV-ICl 13 '2 42 4 46 2 21 44 45 2S 26 u3Y-201 6 5 4D 7 L1DV-2Gfi 9 6 41 '1 DETAIL "G" DETAIL "H" 11 1_.._ I I i ice/ I I I 21 I I I I nLlctcpICI-LAAI cCLCRA'.3D 0 0 0 0 0 0 O O I---III T I i 1 i I I T TITI—h I ,,,L,B. DRO sew N's A F E ! DETAIL_"E= DETAIL "F" AT STATION R TED OUTLETVE MOTOR OPERATED STATION VALVE 7 l L`L I[tL 78 • • - 7O,Ll,LL.•L1.LI.I 11:1:1� oacaotsr J5VL DRAWING NO. MOTOR OPERATED VALVE MOTOR OPERATED VALVE _INLETzs PROJECT Elea L DETAIL "J' 19 �• ,� 535-130-001 PUMP? DISCHARGE AT PUMP SUCTIONNSWITCHRACK "SWRK-001" G7EISS1E7 - fA Product Detail WESCOsm Back I Home I Sign In I Register I Branch Locator I Help DIRECT.COM I PRODUCT DETAIL Search by: Keyword is... Contains Find lt! • /C'reeri Green Products Only: Know the parts you need?Use Quick Order! I Advanced Search c Search Tips TOP > LIGHTING & LIGHTING CONTROLS > OUTDOOR LIGHTING > FLOOD LIGHT FIXTURES > 78138190228 i it • ii ADD THIS ITEM Qty: Required Date: 8/3/2012 O Comments: b Add to Cart +M Add to Quote .12003-20112 WESCO Distribution. Inc. Corporate I Terms of Use I Privacy Policy Page 1 ATTACHMENT E - Sign Plan Information Example Signage for OPPL Buckingham Station •-<----71Wms. ..x .ems (G/ overt® at. Williams® Burdett • Rd 50• Booster Station 4281 County yyILLIAMS FIELD SERVICES LLC �tIS, CO 80743 IN AN EMERGENCY CALL 635 7400 s d' `-` r ,aEfi - I Sign Type: Aluminum Size: Approximately 2' x 4'Total Height: Approximately 4-6 feet off the ground Colors, Styles of Lettering, Appearance of any Logo: See Above Example Location: West Access Gate ATTACHMENT F - Mineral Owners Agreement Hello