HomeMy WebLinkAbout20210532.tiffCOLORADO
Department of Public
Health b Environment
July 8, 2021
Jay McDonald
Director of Public Works
Weld County
1111 H St.
Greeley, CO 80631
RE: Closure of Notice of Violation/Cease and Desist Order, Number: SO -180918-1,
Compliance Order on Consent, Number: SC -210304-1 and
Order for Civil Penalty, Number: SP -210416-2
Dear Mr. McDonald:
The Colorado Department of Public Health and Environment's Water Quality Control Division ("Division")
issued the above -referenced enforcement orders to Weld County as a result of Weld County's failure to
comply with the Colorado Water Quality Control Act and/or Colorado Discharge Permit System permits
(Permit #s: COR03Q581 it COR03R066). The Division acknowledges that Weld County has met its obligations
pursuant to these orders. Therefore, the Division is hereby closing its case. No further action is required from
Weld County with regard to these orders.
Please be advised that Weld County has an ongoing obligation towards compliance with the Colorado Water
Quality Control Act and its implementing regulations and permits for Weld County's Colorado operations and
future non-compliance may result in additional enforcement activities.
If you have any questions regarding this matter, please do not hesitate to contact Eric Mink of this office by
phone at (303) 692-2312 or by electronic mail at eric.mink@state.co.us.
Sincerely,
Eric T. Mink, Enforcement Specialist
Clean Water Enforcement Unit
WATER QUALITY CONTROL DIVISION
ec: Tania Watson, Data Management, CDPHE
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
Jared Polls, Governor I Jill Hunsaker Ryan, MPH, Executive Director
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COLORADO
Department of Public
Health Er Environment
April 16, 2021
Jay McDonald
Director of Public Works
Weld County
1111 H St.
Greeley, Colorado 80631
RE: Order for Civil Penalty, Number: SP -210416-2
Dear Sir:
Certified Mail Number: 7015 0640 0005 0389 5236
Weld County is hereby served with the enclosed Order for Civil Penalty ("Penalty Order"). This Penalty Order
is issued by the Colorado Department of Public Health and Environment's Water Quality Control Division
("Division") pursuant to authority given to the Division by 5 25-8-608(2), C.R.S., of the Colorado Water Quality
Control Act. Payment of the imposed civil penalty should be made in accordance with the methods
referenced in the Penalty Order.
If you have any questions, please do not hesitate to contact Eric Mink of this office at (303) 692-2312 or
eric.mink@state.co.us.
Sincerely,
lC2GGy Motgam
Kelly Morgan
Clean Water Enforcement Unit
WATER QUALITY CONTROL DIVISION
Enclosure(s)
cc: Enforcement File
ec: Stephanie Meyers, EPA Region 8
Dan Joseph, Weld County Department of Public Health Et Environment
Aimee Konowal, Watershed Section, CDPHE
Nathan Moore, Compliance Et Enforcement Section, CDPHE
Mark Henderson, Grants and Loans Unit, CDPHE
Doug Camrud, Engineering Section, CDPHE
Clayton Moores, Field Services Section, CDPHE
Meg Parish, Permits Section, CDPHE
Kelly Morgan, Clean Water Enforcement Unit, CDPHE
Tania Watson, Data Management Workgroup, CDPHE
Maura McGovern, Clean Water Compliance Unit, CDPHE
Al Stafford, Clean Water Compliance Unit, CDPHE
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.govlcdphe
Jared Polls, Governor Jill Hunsaker Ryan, MPH, Executive Director
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COLORADO
Department of Public
Health & Environment
WATER QUALITY CONTROL DIVISION
ORDER FOR CIVIL PENALTY NUMBER: SP -210416-2
IN THE MATTER OF:
WELD COUNTY
CDPS PERMIT NO. COR030000
CERTIFICATION NOS. COR03Q581 and COR03R066
WELD COUNTY, COLORADO
This matter having come to my attention as the Designee of the Executive Director of the Colorado
Department of Public Health and Environment, pursuant to S25-8-608 C.R.S, I hereby impose a civil
penalty in the amount of $24,500.00 against Weld County for the violations cited in the March 4, 2021
Compliance Order on Consent (Number: SC -210304-1). A copy of the Compliance Order on Consent is
attached hereto as Exhibit A and is incorporated herein by reference. The civil penalty shall be paid as
set forth in the Compliance Order on Consent.
"Method of payment shall be by certified or cashier's check drawn to the order of the
`Colorado Department of Public Health and Environment,' and delivered to:
Eric Mink
Colorado Department of Public Health and Environment
Water Quality Control Division
Mail Code: WQCD-CWE-62
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530"
Dated this 16th day of April 2021.
Digitally signed by Nicole
Nicole Rowan Rowan
Date: 2021.04.16 09:01:30
-06'00'
Nicole Rowan, P.E.
Clean Water Program Manager
Water Quality Control Division
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
COLORADO
Department of Public
Health ft Environment
RESOLUTION
RE: APPROVE COMPLIANCE ORDER ON CONSENT CONCERNING IMPROVEMENT
PROJECTS ON STATE HIGHWAY 392 AT INTERSECTIONS WITH COUNTY
ROADS 47 AND 74, AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority .of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Compliance Order on Consent
Concerning Improvement Projects on State Highway 392 at Intersections with County Roads 47
and 74, between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Colorado Department of Public Health and Environment,
Water Quality Control Division, with further terms and conditions being as stated in said
compliance order on consent, and
WHEREAS, after review, the Board deems it advisable to approve said compliance order
on consent, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Compliance Order on Consent Concerning Improvement
Projects on State Highway 392 at Intersections with County Roads 47 and 74, between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and the Colorado Department of Public Health and Environment, Water Quality Control Division,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said compliance order on consent.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of February, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dial& �C�Gto•�
Weld County Clerk to the Board
County Attorney
Date of signature:031G ( 'a 1
Steve Mpreno, Chair
cc: CAC6AS/BCC, PwCscn),
FICOeu), ACV Scico)
3/io/21
2021-0532
CA0016
EG0079
COLORADO
Department of Public
Health 6 Environment
March 4, 2021
Jay McDonald
Director of Public Works
Weld County
1111 H St.
Greeley, Colorado 80631
Certified Mail Number: 7015 0640 0005 0389 7766
RE: Compliance Order on Consent, Number: SC -210304-1
CDPS Permit Certification Number: COR03Q581 Et COR03R066
Dear Sir:
Enclosed for your records is Weld County's copy of the recently executed Compliance Order on Consent
(Order). Please remember that this Order is subject to a 30 -day public comment period (Order, paragraph
38). The Division will contact your office to discuss any comments received during this period. Please be
advised that the header on the first page of the Order was revised to reflect the assigned Order Number: SC -
210304 -1.
If you have any questions, please do not hesitate to contact me at eric.mink@state.co.us.
Sincerely,
Eric T. Mink, Enforcement Specialist
Clean Water Enforcement Unit
WATER QUALITY CONTROL DIVISION
Enclosure(s)
cc: Enforcement File
ec: Stephanie Meyers, EPA Region 8
Dan Joseph, Weld County Department of Public Health 8 Environment
Aimee Konowal, Watershed Section, CDPHE
Nathan Moore, Compliance Et Enforcement Section, CDPHE
Mark Henderson, Grants and Loans Unit, CDPHE
Doug Camrud, Engineering Section, CDPHE
Clayton Moores, Field Services Section, CDPHE
Meg Parish, Permits Section, CDPHE
Kelly Morgan, Clean Water Enforcement Unit, CDPHE
Tania Watson, Data Management Workgroup, CDPHE
Maura McGovern, Clean Water Compliance Unit, CDPHE
Al Stafford, Clean Water Compliance Unit, CDPHE
4300 Cherry Creek Drive 5., Denver, CO 80246.1530 P 303-692-2000 www.colorado.gov/cdphe
Jared.Polis, Governor I Jill Hunsaker Ryan, MPH, Executive Director
COLORADO
Department of Public
Health & Environment
WATER QUALITY CONTROL DIVISION
COMPLIANCE ORDER ON CONSENT NUMBER: SC-21O2XX-1
IN THE MATTER OF:
WELD COUNTY
CDPS PERMIT NO. COR030000
CERTIFICATION NOS. COR03Q581 and COR03R066
WELD COUNTY, COLORADO
The Colorado Department of Public Health and Environment ("Department"), through the Water Quality
Control Division ("Division"), issues this Compliance Order on Consent ("Consent Order"), pursuant to
the Division's authority under 5525-8-602 and 605, C.R.S. of the Colorado Water Quality Control Act
("Act") 5525-8-101 to 803, C.R.S., and its implementing regulations, with the express consent of Weld
County. The Division and Weld County may be referred to collectively as the "Parties."
STATEMENT OF PURPOSE
1. The mutual objectives of the Parties in entering into this Consent Order are to resolve, without
litigation, the civil penalties associated with the violations alleged herein and in the Notice of
Violation / Cease and Desist Order Number SO -180918-1 ("NOV/CDO") that the Division issued to
Weld County on September 18, 2018.
DIVISION'S FINDINGS OF FACT AND DETERMINATION OF VIOLATIONS
2. Based upon the Division's investigation into and review of the compliance issues identified herein,
and in accordance with 5525-8-602 and 605, C.R.S., the Division made the following determinations
regarding Weld County's compliance with the Act and its implementing regulations and permits.
3. Weld County is a Colorado county as defined by 530-1-101, C.R.S.
4. Weld County is a "person" as defined under the Water Quality Control Act, §25-8-103(13), C.R.S. and
its implementing permit regulation, 5 CCR 1002-61, 561.2(73).
5. In February 2017, Weld County initiated highway construction activities at the intersection of state
Highway 392 and Weld County Road 47 in unincorporated Weld County, Colorado ("SH 392 and CR 47
Project").
6. In May 2017, Weld County initiated highway construction activities at the intersection of state
Highway 392 and Weld County Road 74 in unincorporated Weld County, Colorado ("SH 392 and CR 74
Project").
Weld County
Compliance Order on Consent
Page 1 of 12
2021-0532 6 )
7. On December 19, 2016, the Division received an application from Weld County for coverage under
Colorado Discharge Permit System ("CDPS") General Permit Number COR030000, for Stormwater
Discharges Associated with Construction Activity ("Permit"). The application sought coverage for
stormwater discharges associated with construction of 12.6 disturbed acres within the SH 392 and
CR 47 Project.
8. Weld County was authorized to discharge stormwater associated with construction activities at the
SH 392 and CR 47 Project under the Permit via Certification Number COR03Q581. Certification
Number COR03Q581 took effect on December 21, 2016 and was terminated at Weld County's request
effective May 1, 2018.
9. On March 31, 2017, the Division received an application from Weld County for coverage under the
Permit for stormwater discharges associated with construction of 26.25 disturbed acres within the
SH 392 and CR 74 Project.
10. Weld County is authorized to discharge stormwater associated with construction activities at the SH
392 and CR 74 Project under the Permit via Certification Number COR03R066. Certification Number
COR03R066 took effect on April 5, 2017 and remained in effect until it was reissued as Certification
Number COR404971 under CDPS Permit Number COR400000 on April 1, 2019. Certification Number
COR404971 will remain in effect until Weld County inactivates permit coverage.
11. Pursuant to 5 CCR 1002-61, 561.8, Weld County must comply with all terms and conditions of the
Permit and violations of such terms and conditions may be subject to civil and criminal liability
pursuant to 5525-8-601 through 25-8-612, C.R.S.
12. On May 16, 2017 and August 29, 2017, a representative of the Division ("Inspector") conducted on -
site inspections of the SH 392 and CR 47 Project pursuant to the Division's authority under 525-8-
306, C.R.S., to determine Weld County's compliance with the Water Quality Control Act and the
Permit. The Inspector interviewed Project representatives, reviewed the Project's stormwater
management system records, and performed a physical inspection of the Project.
13. On October 18, 2017, the Inspector conducted an on -site inspection of the SH 392 and CR 74 Project
pursuant to the Division's authority under 525-8-306, C.R.S., to determine Weld County's compliance
with the Water Quality Control Act and the Permit. The Inspector interviewed Project
representatives, reviewed the Project's stormwater management system records, and performed a
physical inspection of the Project.
Failure to Maintain Required Records
14. Pursuant to Part I.D.6.(b)(2) of the Permit, Weld County is required to keep a record of self -
inspections of a permitted project. The record must include: the date of the inspection; the name
and title of personnel making the inspection; a description of any Best Management Practices
("BMPs") requiring maintenance; the date corrective actions were performed; and, after adequate
corrective action is taken or where a report does not identify any incidents requiring corrective
action, a signed statement certifying the site is in compliance with the Permit.
15. During the Division's May 16, 2017 inspection of the SH 392 and CR 47 Project, the Inspector reviewed
the available self -inspection records for the period from February 27, 2017 through May 15, 2017
and identified that the records did not include signed compliance statements.
Weld County
Compliance Order on Consent
Page 2 of 12
16. Weld County's failure to properly maintain self -inspection records violates Part I.D.6.(b)(2) of the
Permit.
Failure to Take Corrective Actions Identified During Self -Inspections
17. Pursuant to Part I.D.8. of the Permit, where site assessment during self -inspections results in the
determination BMPs have failed and that new or replacement BMPs are necessary, the BMPs must be
addressed as soon as possible, immediately in most cases, to minimize the discharge of pollutants.
SH 392 and CR 47 Project - COR03Q581
18. During the Division's May 16, 2017 inspection of the SH 392 and CR 47 Project, the Inspector reviewed
the available self -inspection records for the period from February 27, 2017 through May 15, 2017
and identified that Weld County failed to take corrective actions as soon as possible or immediately
in most cases.
Date Corrective
Action
Identified
3/24/2017
3/31/2017
7
3/29/2017
4/14/2017
16
4/24/2017
4/28/2017
4
5/1/2017
5/11/2017
10
5/3/2017
5/8/2017
5
5/9/2017
5/15/2017
6
SH 392 and CR 74 Project - COR03R066
19. During the Division's October 18, 2017 inspection of the SH 392 and CR 74 Project, the Inspector
reviewed the available self -inspection records for the period from July 19, 2017 through October 17,
2017 and identified that Weld County failed to take corrective actions as soon as possible or
immediately in most cases.
a;rre4twe
Action `
Identified
7/19/2017
8/2/2017
14
7/26/2017
8/2/2017
7
8/2/2017
8/10/2017
8
8/3/2017
8/10/2017
7
8/11/2017
8/15/2017
4
8/11/2017
8/16/2017
5
8/25/2017
8/31/2017
6
8/25/2017
9/8/2017
14
Weld County
Compliance Order on Consent
Page 3 of 12
9/6/2017
9/11/2017
5
9/13/2017
9/27/2017
14
9/20/2017
9/28/2017
8
9/26/2017
10/4/2017
8
9/26/2017
10/5/2017
9
9/26/2017
10/13/2017
17
10/3/2017
10/13/2017
10
20. Weld County's failure to take timely corrective action constitutes a violation of Part I.D.8. of the
Permit.
Failure to Install, Maintain, or Properly Select Best Management Practices
21. Pursuant to Part 1.B.3. of the Permit, Weld County must implement the provisions of a project's
stormwater management plan ("SWMP") as written and updated, from commencement of
construction activity until final stabilization is complete.
22. Pursuant to Part I.D.1.(f) of the Permit, all wastes must be properly managed to prevent potential
pollution of State waters. On -site waste disposal is prohibited.
23. Pursuant to Part I.D.2. of the Permit, Weld County 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.
24. Pursuant to Part I.D.7. of the Permit, all erosion and sediment control practices and other protective
measures identified in a SWMP must be maintained in effective operating condition. BMPs not
adequately maintained according to good engineering, hydrologic and pollution control practices,
including removal of collected sediment outside the acceptable tolerances of the BMP, are
considered to be no longer operating effectively and must be addressed.
SH 392 and CR 47 Project - COR03Q581
25. During the May 16, 2017 inspection, the Inspector identified the following deficiencies related to
BMP installation and maintenance at the Project, as described in Paragraphs 25(a -g) below.
a. No BMPs were observed at a soil stockpile staged northeast of the intersection of state
Highway 392 and Weld County Road 47. First, the stockpile was located immediately adjacent
to the roadside ditch, despite a specification in the Project's SWMP prohibiting stockpiles of
earth materials and grading or excavation dirt to be located adjacent to waterways. Further,
no BMPs were in place around the stockpile, despite specifications in the Project's SWMP
requiring temporary berms, erosion logs, or aggregate bags to be placed around the toe of
the stockpile and despite good pollution control practices, as prescribed by Colorado
Department of Transportation ("CDOT") standard specifications, requiring containment of
erodible stockpiles throughout construction. As a result of these deficiencies, soil from the
stockpile was observed accumulated in the roadside ditch. Stormwater runoff in roadside
ditches north of state Highway 392 at Weld County Road 47 flows to Lone Tree Creek, which
then discharges into the South Platte River.
Weld County
Compliance Order on Consent
Page 4 of 12
b. No BMPs were implemented to prevent erosion of a section of disturbed roadside ditch north
of state Highway 392. Specifically, no BMPs were implemented in a sloped drainage channel,
despite specifications in the Project's SWMP requiring straw bales, erosion logs, or straw
wattles to be used in roadside ditches during construction. As a result of this deficiency, rill
and gully erosion was observed in the drainage channel and disturbed soil had the potential
to be discharged in stormwater runoff. Stormwater runoff in roadside ditches north of state
Highway 392 at Weld County Road 47 flows to Lone Tree Creek, which then discharges into
the South Platte River.
c. BMPs observed at culverts located north of state Highway 392 near the western boundary of
the Project, northwest and southwest of the intersection of state Highway 392 and Weld
County Road 47, and at the northeastern corner of the Project, were not installed and
maintained according to specifications in the Project's SWMP and according to good pollution
control practices.
1) Straw wattle erosion control logs in place at the culverts were not embedded into
the ground, despite a specification in the Project's SWMP and good pollution
control practices, as prescribed by CDOT's standard specifications, requiring
erosion logs to be embedded two inches into the soil.
2) Sediment was observed accumulated beyond one half of the straw wattle's
capacity, despite the Project's SWMP requiring the removal of sediment
accumulating to half the design of the sediment trap and despite good pollution
control practices, as prescribed by CDOT's standard specifications, requiring
continuous maintenance of control practices, including removal of sediment when
silt depth is 50 percent or more of the height of the erosion control device.
3) No BMPs were in place upgradient of the culvert located in the northeast corner
of the Project, despite industry standards requiring consecutive BMPs and
prohibiting the use of inlet protection measures as the sole BMP.
As a result of these deficiencies, sediment was observed accumulated in the culverts.
Stormwater runoff channeled through culverts north of state Highway 392 at Weld County
Road 47 flows through roadside ditches to Lone Tree Creek, which then discharges into the
South Platte River. Stormwater runoff channeled through culverts south of state Highway 392
at Weld County Road 47 flows into a concrete -lined irrigation channel that discharges into
Lone Tree Creek.
d. No BMPs were observed along disturbed areas south of state Highway 392 and east along Weld County
Road 47. Specifically, no erosion control and sediment transport BMPs were in place at disturbed
areas bordering the concrete -lined irrigation channel, despite a specification in the Project's SWMP
providing for perimeter controls such as erosion logs, silt fence, temporary berms, or topsoil
windrows to be placed prior to commencement of construction and surface roughening to be used
for temporary stabilization of disturbed areas. As a result of this deficiency, sediment accumulated
in the irrigation channel, an unclassified State water, and had the potential to be carried in
stormwater runoff to Lone Tree Creek, which discharges into the South Platte River.
e. A BMP observed mid -way along the southern perimeter of state Highway 392 was not installed
according to specifications in the Project's SWMP and according to good pollution control practices.
Specifically, a straw bale BMP downgradient of a disturbed area and adjacent to the concrete -lined
irrigation channel was not trenched, backfilled, and staked into the ground, despite a specification
Weld County
Compliance Order on Consent
Page 5 of 12
in the Project's SWMP and good pollution control practices, as prescribed by CDOT's standard
specifications, requiring straw bale BMPs to be placed in a trench at least four inches deep, backfilled
around the entire perimeter, and anchored securely to the ground with wood stakes. As a result of
this deficiency, sediment -laden stormwater had the potential to bypass the straw bale without
treatment. Stormwater runoff south of state Highway 392 at Weld County Road 47 flows into a
concrete -lined irrigation channel that discharges into Lone Tree Creek, which discharges into the
South Platte River.
f. BMPs observed along the southern perimeter of state Highway 392, west of Weld County Road 47,
were not installed and maintained according to specifications in the Project's SWMP and according
to good pollution control practices.
1) Silt fence was placed directly against the toe of the fill slope, despite both the
Project's SWMP and industry standards requiring the placement of silt fence five -
to -ten feet away from the toe of the slope.
2) The silt fence required maintenance to repair tears in the fence fabric.
These deficiencies violated requirements in the Project's SWMP and industry standards requiring
maintenance of torn silt fence fabric and placement of silt fence to provide storage capacity for
accumulated sediment. As a result of these deficiencies, sediment -laden stormwater had the
potential to bypass the silt fence without treatment. Stormwater runoff south of state Highway 392
at Weld County Road 47 flows into a concrete -lined irrigation channel that discharges into Lone Tree
Creek, which discharges into the South Platte River.
g•
No BMPs were implemented to manage concrete waste observed throughout the Project.
Specifically, concrete waste was observed on the ground, despite the Project's SWMP requiring the
implementation of a designated in -ground or fabricated concrete washout control prior to the
commencement of construction and good pollution control practices, as prescribed by CDOT's
standard specifications, requiring any removal of concrete waste in the course of construction
operations or cleaning to be performed in a manner that prevents the waste material from entering
State waters. As a result of these deficiencies, concrete waste had the potential to leave the Project
in stormwater runoff flowing into roadside ditches and into a concrete -lined irrigation channel which
empty into Lone Tree Creek before reaching the South Platte River.
26. During the August 29, 2017 inspection, the Inspector identified ongoing deficiencies related to
installation and maintenance of straw wattle erosion control logs used at the Project.
a. Straw wattle located north of state Highway 392, near the western boundary of the Project,
was not staked into the ground, despite a specification in the Project's SWMP and good
pollution control practices, as prescribed by CDOT's standard specifications, requiring erosion
log stakes to be embedded at least twelve inches into the soil.
b. Straw wattle located southwest of the intersection of state Highway 392 and Weld County
Road 47 was not embedded into the ground, despite a specification in the Project's SWMP
and good pollution control practices, as prescribed by CDOT's standard specifications,
requiring erosion logs to be embedded two inches into the soil.
c. Sediment was observed accumulated beyond the capacity of straw wattle located north of
state Highway 392, midway between the intersection and eastern boundary of the Project,
despite the Project's SWMP requiring the removal of sediment accumulating to half the design
Weld County
Compliance Order on Consent
Page 6 of 12
of the sediment trap and good pollution control practices, as prescribed by CDOT's standard
specifications, requiring continuous maintenance of control practices, including removal of
sediment when silt depth is 50 percent or more of the height of the erosion control device.
As a result of these deficiencies, sediment -laden stormwater had the potential to bypass the straw
wattle without treatment. Stormwater runoff north of state Highway 392 at Weld County Road 47
flows into roadside ditches that discharge into Lone Tree Creek, which discharges into the South
Platte River. Stormwater runoff south of state Highway 392 at Weld County Road 47 flows into a
concrete -lined irrigation channel that discharges into Lone Tree Creek.
27. Weld County failed to properly implement the provisions of the SH 392 and CR 47 Project's SWMP.
28. Weld County failed to properly select, design, install, implement, and maintain BMPs for all potential
pollutant sources at the SH 392 and CR 47 Project, following good engineering, hydrologic, and
pollution control practices.
SH 392 and CR 74 Project - COR03R066
29. During the October 18, 2017 inspection, the Inspector identified the following deficiencies related to
BMP installation and maintenance at the Project, as described in Paragraphs 29(a -e) below.
a. BMPs observed around the box culvert in the western portion of the relocated Weld County
Road 74 were not installed according to specifications in the Project's SWMP and according
to good pollution control practices. Specifically, soil retention blankets did not extend the
full length of the disturbed area, despite both the Project's SWMP and industry standards
prohibiting gaps and voids, and requiring continuous contact of the blanket and the soil over
the entirety of the installation area. As a result of this deficiency, soil from the disturbed
area had the potential to be discharged in stormwater runoff that flows through drainage
ways and culverts on the Project into Crow Creek, which crosses the Project before
discharging into the South Platte River.
b. BMPs observed northeast of Weld County Road 69 were not installed and maintained
according to specifications in the Project's SWMP and according to good pollution control
practices. Specifically, sections of mulch material were missing from the seeded disturbed -
area, despite the Project's SWMP requiring damaged mulch materials to be immediately
restored and despite good pollution control practices, as prescribed by CDOT's standard
specifications, requiring hay mulching to be uniformly applied. As a result of this deficiency,
soil from the disturbed area had the potential to be discharged in stormwater runoff that
flows through drainage ways and culverts on the Project into Crow Creek, which crosses the
Project before discharging into the South Platte River.
c. Silt fence observed north and south of the former location for Weld County Road 74 was not
installed and maintained according to specifications in the Project's SWMP and according to
good pollution control practices.
1) Silt fence observed near the southern boundary of the Project was placed across
the dry streambed of Crow Creek, perpendicular to a concentrated flow of runoff,
despite the Project's SWMP specifying that silt fence is intended to intercept
runoff conveyed as sheet flow.
Weld County
Compliance Order on Consent
Page 7 of 12
2) Silt fence observed in the northwestern portion of the project required
maintenance to reattach the silt fence fabric to the wooden support stakes.
These deficiencies violated requirements in the Project's SWMP and industry standards
requiring maintenance of slumping fence fabric. As a result of these deficiencies, sediment -
laden stormwater had the potential to bypass the silt fence without treatment. Stormwater
runoff from the Project flows through drainage ways and culverts into Crow Creek, which
crosses the Project before discharging into the South Platte River.
d. Straw wattle erosion control logs observed throughout the Project were not installed and
maintained according to specifications in the Project's SWMP and according to good pollution
control practices.
1) Straw wattle observed northeast of Weld County Road 69 was not embedded and
staked into the ground, despite specifications in the Project's SWMP and good
pollution control practices, as prescribed by CDOT's standard specifications,
requiring erosion logs to be embedded two inches into the soil and erosion log
stakes to be embedded at least twelve inches into the soil.
2) Sediment was observed accumulated beyond the capacity of straw wattle located
on the northern boundary of the Project, west of state Highway 392, north of the
former location for Weld County Road 74, and northwest and southwest of the
intersection of state Highway 392 and the relocated Weld County Road 74, despite
the Project's SWMP requiring the removal of sediment accumulating to half the
design of the sediment trap and good pollution control practices, as prescribed by
CDOT's standard specifications, requiring continuous maintenance of control
practices, including removal of sediment when silt depth is 50 percent or more of
the height of the erosion control device.
As a result of these deficiencies, sediment -laden stormwater had the potential to bypass the
straw wattle without treatment. Stormwater runoff from the Project flows through drainage
ways and culverts into Crow Creek, which crosses the Project before discharging into the
South Platte River.
e. No BMPs were observed between upgradient areas of disturbance and box culverts located at
the intersection of Crow Creek and Weld County Road 69 and the intersection of Crow Creek
and Weld County Road 74. Specifically, no inlet protections were in place above the box
culverts, despite specifications in the Project's SWMP requiring erosion control logs on top of
culverts. As a result of this deficiency, sediment -laden stormwater runoff had the potential
to enter the culverts without treatment and flow into Crow Creek, which crosses the Project
before discharging into the South Platte River.
30. Weld County failed to properly implement the provisions of the SH 392 and CR 74 Project's SWMP.
31. Weld County failed to properly select, design, install, implement, and maintain BMPs for all potential
pollutant sources at the SH 392 and CR 74 Project, following good engineering, hydrologic, and
pollution control practices.
32. Weld County's failure to select, design, install, implement, and maintain BMPs at the SH 392 and CR
47 and SH 392 and CR 74 Projects, as described in paragraphs 25-31 above, constitutes violations of
Part 1.B.3., Part I.D.1.(f), Part I.D.2., and Part I.D.7. of the Permit.
Weld County
Compliance Order on Consent
Page 8 of 12
ORDER AND AGREEMENT
33. Based on the foregoing factual and legal determinations, pursuant to its authority under 5525-8-602
and 605, C.R.S., and in satisfaction of the civil penalties associated with the violations alleged herein
and in the NOV/CDO, the Division orders Weld County to comply with all provisions of this Consent
Order, including all requirements set forth below.
34. Weld County agrees to the terms and conditions of this Consent Order. Weld County agrees that this
Consent Order constitutes a notice of alleged violation and an order issued pursuant to 5525-8-602
and 605, C.R.S., and is an enforceable requirement of the Act. Weld County also agrees not to
challenge directly or collaterally, in any judicial or administrative proceeding brought by the Division
or by Weld County against the Division:
a. The issuance of this Consent Order;
b. The factual and legal determinations made by the Division herein; and
c. The Division's authority to bring, or the court's jurisdiction to hear, any action to enforce the
terms of this Consent Order under the Act.
35. Notwithstanding the above, Weld County does not admit to any of the factual or legal determinations
made by the Division herein, and any action undertaken by Weld County pursuant to this Consent
Order shall not constitute evidence of fault and liability by Weld County with respect to the
conditions of the projects. Weld County expressly reserves its rights to deny any of the Division's
factual or legal determinations or defend itself in any other third party proceeding relating to the
information identified in this Consent Order.
CIVIL PENALTY
36. Based upon factors set forth in 525-8-608(1), C.R.S., and consistent with Departmental policies for
violations of the Act, Weld County must pay $24,500.00 in civil penalties. The Division intends to
petition the Executive Director, or her designee, to impose the $24,500.00 civil penalty for the above
violations and Weld County agrees to make the payment through two installment payments as
described in the table below:
Payment
Amount
Due Date
1
$12,250.00
Within 30 calendar days of issuance of an Order for
Civil Penalty by the Executive Director or her designee
2
$12,250.00
May 31, 2022
Eric T. Mink
Colorado Department of Public Health and Environment
Water Quality Control Division
Mail Code: WQCD-CWE-62
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
Weld County
Compliance Order on Consent
Page 9 of 12
SCOPE AND EFFECT OF CONSENT ORDER
37. The Parties agree and acknowledge that this Consent Order constitutes a full and final settlement
of the civil penalties associated with the violations alleged herein and in the NOV/CDO.
38. This Consent Order is subject to the Division's "Public Notification on Administrative Enforcement
Actions Policy," which includes a 30 -day public comment period. The Division and Weld County each
reserve the right to withdraw consent to this Consent Order if comments received during the 30 -day
period result in any proposed modification to the Consent Order.
39. This Consent Order constitutes a final agency order or action upon penalty determination by the
Division following the public comment period. Any violation of the provisions of this Consent Order
by Weld County, including any false certifications, will be a violation of a final order or action of the
Division for the purpose of 525-8-608, C.R.S., and may result in the assessment of civil penalties of
up to $54,833 per day for each day during which such violation occurs.
40. Notwithstanding Paragraph 35 above, the violations described in this Consent Order will constitute
part of Weld County's compliance history.
LIMITATIONS, RELEASES AND RESERVATION OF RIGHTS AND LIABILITY
41. Upon the effective date of this Consent Order, and during its term, this Consent Order will stand in
lieu of any other enforcement action by the Division with respect to civil penalties for the specific
instances of violations alleged herein and in the NOV/CDO. The Division reserves the right to bring
any action to enforce this Consent Order, including actions for penalties or the collection thereof,
and injunctive relief.
42. This Consent Order does not grant any release of liability for any violations not specifically cited
herein.
43. Weld County reserves its rights and defenses regarding the Projects other than proceedings to
enforce this Consent Order.
44. Nothing in this Consent Order will preclude the Division from imposing additional requirements
necessary to protect human health or the environment and to effectuate the purposes of the Consent
Order. Nor shall anything in this Consent Order preclude the Division from imposing additional
requirements in the event that additional information is discovered that indicates such requirements
are necessary to protect human health or the environment.
45. Weld County releases and covenants not to sue the State of Colorado or its employees, agents or
representatives as to all common law or statutory claims or counterclaims or for any injuries or
damages to persons or property resulting from acts or omissions of Weld County, or those acting for
or on behalf of Weld County, including its officers, employees, agents, successors, representatives,
contractors, consultants or attorneys in carrying out activities pursuant to this Consent Order.
Nothing in this Consent Order will constitute an express or implied waiver of immunity otherwise
applicable to the State of Colorado, its employees, agents or representatives.
Weld County
Compliance Order on Consent
Page 10 of 12
NOTICES
46. Unless otherwise specified, any report, notice or other communication required under the Consent
Order must be sent to:
For the Division:
Eric Mink
Colorado Department of Public Health and Environment
Water Quality Control Division
Mail Code: WQCD-CWE-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
Telephone: 303-692-2312
E-mail: eric.mink@state.co.us
For Weld County:
Jay McDonald
Director of Public Works
Weld County
1111 H St.
Greeley, CO 80631
Telephone: 970-400-3750
E-mail: jmcdonald@weldgov.com
MODIFICATIONS
47. This Consent Order may be modified only upon mutual written agreement of the Parties.
NOTICE OF EFFECTIVE DATE
48. This Consent Order shall be fully effective, enforceable and constitute a final agency action upon
notice from the Division following closure of the public comment referenced in Paragraph 38.
BINDING EFFECT AND AUTHORIZATION TO SIGN
49. This Consent Order is binding upon Weld County and its corporate subsidiaries or parents, their
officers, directors, employees, successors in interest, and assigns. The undersigned warrant that
they are authorized to legally bind their respective principals to this Consent Order. In the event
that a party does not sign this Consent Order within 30 calendar days of the other party's signature,
this Consent Order becomes null and void. This Consent Order may be executed in multiple
counterparts, each of which will be deemed an original, but all of which will constitute one and the
same Consent Order.
Weld County
Compliance Order on Consent
Page 11 of 12
WELD COUNTY:
Steve Moreno, Chair
Board of County Commissioners
Date:
FFB 2 4 2021
FOR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT:
Date:
3� X2.O11
Nathan Moore
Clean Water Compliance and Enforcement Section Manager
WATER QUALITY CONTROL DIVISION
Weld County
Compliance Order on Consent
Page 12 of 12
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