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Home My WebLink About20174313.tiffEXHIBIT INVENTORY CONTROL SHEET Case USR17-0043 - CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC. Tyler Exhibit Page # Submitted By Description (Cont'd from 2017-3888) CO. (cont'd) 2-4 O1 Phillips 122017 5 O2 Phillips re RMX 6-7 O3 Phillips re HMA 8-11 P Noise Analysis Findings from M Little 12-14 Q Cyran Opinion 122717 15-16 Q1 Email from State Division of Water Resources 17-24 Q2 Tetra Tech Opinion Letter re Water Flow 120617 25-29 Q3 DWR Administrative Stmt re Stormwater Detention 30 Q4 DWR Graywater and Stormwater 31 Q5 DWR Legislation 32 R Site Selection Process Map 33-69 S SPCC for Facility 70 T Autoturn Exhibit (Cont'd to 2017-4314) 2017-4313 SIMON CONTRACTORS ASPHALT AND READY MIX PLANT HEALTH QUESTIONS ANSWERS PREPARED BY SCOTT PHILLIPS, M.D., FACP, FACMT, FAACT A practicing physician, Dr. Scott Phillips specializes in medical toxicology and internal medicine. Medical toxicology is a scientific discipline concerned with the evaluation, diagnosis and treatment of adverse effects of substances on people. Currently, Dr. Phillips holds a university faculty appointment in toxicology and is associate clinical professor at the University of Colorado -Denver in the Department of Medicine, Division of Clinical Pharmacology and Toxicology. Additionally, he is an attending physician at the Rocky Mountain Poison and Drug Center, and is the Associate Director of the Washington Poison Center. He is a member of The American Academy of Clinical Toxicology, The American College of Medical Toxicology and several other professional associations. WHAT EMISSIONS WILL BE RELEASED BY THE SIMON CONTRACTORS ASPHALT PLANT? The majority of the emissions at asphalt mixing facilities come from the combustion of fuel, such as natural gas, that is used to dry and heat the rock or aggregate, and to keep the temperature of the asphalt hot. Baghouse filters capture and prevent the release into the environment most of the other potential emissions, such as dust generated during the drying of aggregate. Exposure and adverse health effects are related to the amount and duration of exposure to any substance, and so the mere presence of emissions poses no health risk. The Air Pollution Control Division of the Colorado Department of Public Health and Environment (CDPHE) has issued a permit to the existing asphalt plant at the Simon location on WCR 80.5. The asphalt plant will adhere to CDPHE permit guidelines that sets maximum emission limits. These limits are in place to protect human health and also the environment. The CDPHE permit limits the release of the following compounds: • Total suspended particulates (TSP; all suspended air) • Particulate matter (PM10), which are particles with a diameter of 10 micrometers or less • Sulfur dioxide (S02) • Mono -nitrogen oxides (NOx) • Volatile organic compounds (VOCs) • Carbon monoxide (CO) WHAT HAS THE U.S. ENVIRONMENTAL PROTECTION AGENCY CONCLUDED ABOUT ASPHALT PLANT EMISSIONS? Over a decade ago, the EPA reviewed emissions from asphalt plants and determined that these facilities are not a major source of air pollution. Subsequently, the EPA has delisted asphalt plants. ARE THE EMISSIONS FROM THE PROPOSED ASPHALT PLANT HARMFUL? For this and all asphalt plants, the CDPHE has set emissions limits that are protective of human health and the environment. The permitted release amount or level at this plant will not pose a health risk to employees or residents. How WOULD EMISSIONS FROM THIS PLANT COMPARE TO OTHER SOURCES? Carbon monoxide, sulfur dioxide, nitrogen oxides and some members of a group of chemicals known as volatile organic compounds (that are a product of incomplete combustion) also are emitted from many other common sources, such as automobiles, gas stations, fireplaces and beer breweries. Go to the EPA website to view specific sources (httpsJlcfpub.epa.gov/roe/indicator.cfm?i=23). IF I CAN SEE OR SMELL EMISSIONS FROM AN ASPHALT PLANT, DOES THAT MEAN THE PLANT IS RELEASING TOO MANY COMPOUNDS? At times, there may be noticeable gases emanating from an asphalt plant's stack, but in almost all circumstances, this is steam loss of water vapor from the drying of aggregate at high temperatures. Sometimes odors from the heated materials may emanate from asphalt plants. These odors are below accepted levels and so will cause no adverse effect to human health or the environment. The CDPHE regulates these emissions. WILL ASPHALT PLANT EMPLOYEES BE AT A HIGHER RISK OF HEALTH EFFECTS? Studies have found no clinical evidence that asphalt plant production has contributed to illness or cancer in humans. The Agency for Toxic Substances and Disease Registry under the U.S. Department of Health and Human Services studies have verified that emissions from asphalt facilities present no environmental or public health hazard. Additionally, Simon Contractors' asphalt plant is required to comply with Occupational Safety and Health Administration's (OSHA) stringent workplace safety and health standards. Plant employees will be trained, will wear personal protective equipment, as necessary, and routinely will be health monitored. The potential emissions will be at concentrations so low that OSHA does not require asphalt plant employees to wear respirators. Simon Contractors monitors their asphalt plant employees for soluble benzene and total suspended particulates, which are total and soluble airborne particles (aerosols). Simon Contractors' experience is that results of such monitoring at similar Simon Contractors plants are well below the accepted levels determined by the National Institute for Occupational Safety and Health (NIOSH) and the American Conference of Governmental Industrial Hygienists (ACGIH). Simon Contractors uses Safety Data Sheets (SDS's; formerly called MSDS) to communicate potential workplace hazards and appropriate precautions to take to reduce potential health impacts. MSDS risks and precautions are not applicable to nearby communities, as residents would not be exposed to the same concentrations of compounds as plant employees. IS THERE A DIFFERENCE BETWEEN ASPHALT PLANTS AND ASPHALT ROOF COATINGS? Yes, asphalt plant and asphalt "tar" or coal tar used in roofing materials or street coating are different as are the potential health effects. Roofing asphalts differ chemically and physically from the product asphalt plants produce. Roofing employee health studies have no relation to asphalt plant health studies. According to the International Agency for Research on Cancer, asphalt plants are not associated with increased cancer risk. ARE PEOPLE WHO LIVE NEAR THE ASPHALT PLANT AT A HIGHER RISK FOR HEALTH EFFECTS? Once they are released from the stack, plant emissions rapidly dissipate and disperse. Because the most concentrated levels of compounds are located in the stack -and these are released within regulatory limits -no health effects to the community are expected as a result of plant operations than what is proposed at the Simon facility. COULD EXPOSURE TO THIS PLANT CAUSE CANCER? Scientific medical studies DO NOT link residential exposure to asphalt plant emissions to the development of cancer. According to the International Agency for Research on Cancer, health studies of asphalt plant employees have shown no measurable increase in cancer. The increases in cancer rates were seen in asphalt roofers and asphalt mastic pavers who worked with different asphalt materials and compounds. ARE THERE SPECIAL RISKS TO PEOPLE WITH RESPIRATORY OR IMMUNE SYSTEM PROBLEMS? No. As permitted, these emissions pose no health hazard and therefore do not impose special risks to susceptible populations. Air pollution can aggravate asthma, but does not cause asthma. WHAT ARE THE RISKS TO THE COMMUNITY FROM DUST? Simon has a dust mitigation plan. CDPHE will be permitting and monitoring Total Suspended Particulates (TSP), which includes all particulates, including PM 2.5 and specifically PM10 at the site. There will be no cement production on this site as it is a Ready -Mix site, and cement particles will not materially contribute to total particulate emissions. Simon Contractors Ready Mix Concrete Plant Colorado State Highway 257 at Weld County Road 80.5, near the Town of Severance Answers to Health Questions Prepared by Scott Phillips, M.D., FACP, FACMT, FAACT A practicing physician, Dr. Scott Phillips is board certified in medical toxicology and internal medicine. Medical toxicology is a scientific discipline dealing with the evaluation, diagnosis and treatment of adverse effects of substances on living systems. Dr. Phillips holds a university faculty appointment in toxicology and is associate clinical professor at -the' University of Color ado -Denver: in the ::Department of Medicine,' Division of Clinical Pharmacologyand Toxicology. Additionally,. he is an attending physician at the Rocky Mountain Poison and Drug Center. He is a member of The American Academy of Clinical Toxicology, The American College of Medical Toxicology, and many other professional associations. Is the ready -mix batch concrete plant a health risk to the community? The Colorado Department of Public Health and Environment (CDPHE) has oversite and allows for emissions including dust that may be blown off site to be below a regulated level. Air levels of dust kept below the allowable limit will not cause health effects to the plant's surrounding neighbors and community. Scott Phillips, MD, FACP, FACMT, FAACT Associate Clinical Professor of Medicine University of Colorado School of Medicine Rocky Mountain Poison & Drug Center Simon Contractors Hot Mix Asphalt Plant Colorado State Highway 257 at Weld County Road 80.5, near the Town of Severance Answers to Health Questions Prepared by Scott Phillips, M.D., FACP, FACMT, FAACT A practicing physician, Dr. Scott Phillips is board certified in medical toxicology and internal medicine. Medical toxicology is; a scientific ::discipline dealing with the,. evaluation, diagnosis and treatment of adverse effects of substances on living systems. Dr. Phillips holds a university faculty appointment in toxicology and is associate clinical professor at the University of Colorado -Denver in the Department of Medicine, Division of Clinical Pharmacology and Toxicology. Additionally, he is an attending physician at the Rocky Mountain Poison and Drug Center. He is a member of The American Academy of Clinical Toxicology, The American College of Medical Toxicology and many other professional associations. Is asphalt production harmful? To protect human health and the environment, the Colorado Department of Public Health and Environment (CDPHE) has set emission limits for the plant. The emissions amount or level permitted for release at this plant do not pose a health risk to humans -employees or residents. Asphalt pavement material differs from roofing asphalt and coal tar. Each of the aforementioned materials is comprised of dissimilar components and properties and is used at different temperatures, resulting in different potential for emissions. Over the past several decades, the asphalt pavement industry has advanced the technology that reduces the temperature needed to produce asphalt pavement, thereby minimizing and eliminating those emissions. Since 1970, the industry has increased pavement production by 250 percent while reducing total stack emissions by 97 percent. The industry monitors the use and storage of materials as well as air emissions used in asphalt pavement production to ensure compliance with state and federal regulations. What types of air emissions does the Simon hot mix asphalt (HMA) plant generate? Are the emissions harmful? Most the emissions at asphalt mixing facilities come from the combustion of fuel, such as natural gas, that is used to dry and heat the rock or aggregate, and to keep the the asphalt hot. Baghouse filters capture and prevent release into the environment other potential emissions, such as dust generated during the drying of aggregate. The Simon HMA plant will operate under an air permit issued by the Air Pollution Control Division of the Colorado Department of Public Health and Environment (CDPHE). The permit sets maximum emission limits that protect human health and the environment. The potnetial risk of these asphalt compounds occurs not from their presence but rather the the amount and duration of exposure. "tar" or coal tar used in roofing materials or street coating. Moreover, the potential adverse health effects are different. Coal tar studies have no bearing on road asphalt studies. According to the International Agency for Research on Cancer, HMA plants are not associated with increased cancer risk. Because people will live near the plant, are they at a higher risk for health effects? Once released from the stack, plant emissions dissipate and disperse rapidly. Because the most concentrated levels of compounds are found in the stack —and these are released within regulatory limits----- health effects to the community are not expected. Could exposure to this plant cause cancer? No. Medical studies show no association with HMA plants and the development of cancer. According to the International Agency for Research on Cancer, health studies of asphalt plant workers show no measurable increase in cancer. Cancer rates increases seen in asphalt roofers and asphalt mastic pavers may be attributed to those different asphalt materials and compounds. Are there special risks to people with respiratory or immune system problems? No. As permitted, these releases pose no health hazard and therefore do not impose special risks to susceptible populations. Air pollution can aggravate asthma, but does not appear to cause asthma. Scott Phillips, MD, FACP, FACMT, FAACT Associate Clinical Professor of Medicine University of Colorado School of Medicine Rocky Mountain Poison & Drug Center Associate Clinical ,�ilellman � ASSOCIATES 6WLDING PARTNERSHIPS FOR A SAFER WORKPLACE osMn Star SIlu www. ehsoornplrance.corn 11913 W. I-70 Frontage Road North, Wheal Ridge, CO 80033 301 S. Elm Street, Suite 405, Greensboro, NC 27401 303.384.9828 303.384.9927 (Fax) 336.274.5888 336.274.5886 (Fax) December 22, 2017 Mr. Rod Havens Simon Contractors 6215 Clear Creek Parkway Cheyenne, Wyoming 82007 Subject: Simon Contractors Noise Study Severance Ready Mix & Asphalt Plants Dear Rod: Hellman & Associates, Inc. (H&A) was contracted by Simon Contractors to provide technical and professional services regarding noise assessments and efficacy of potential noise mitigation techniques associated with Simon Contractors Severance Ready Mix & Asphalt Plants to be located at Highway 257 and Weld County Road (WCR) 80.5. Mitchel Little, MS, CIH, CSP and Principal ESH Consultant visited the site on December 11, 2017 to conduct noise monitoring and observe the site layout and surrounding residences that may be impacted by noise generated by equipment planned for the location. Mr. Little is a certified industrial hygienist (American Board of Industrial Hygiene) and obtained a Masters of Science degree in Industrial Hygiene from Colorado State University. His coursework included a semester class on Industrial Noise Control. Mr. Little has practiced industrial hygiene professionally for 31 years and conducted dozens of noise assessments in a variety of workplaces to determine potential hazards to employees exposed to noise in industrial environments. Mr. Little has recommended means and methods to reduce noise from a variety of sources and in a variety of industries. Mr. Little was the safety manager for 10 years for a site development contractor that operated gravel mines, crushers and asphalt plants and is very familiar with these operations and equipment. METHODS Sound level measurements were collected at the site on December 11, 2017 using a calibrated Casella 633 sound level meter (SLM) with octave band filtering capabilities. Simon Contractors was operating a Catepillar Model 3508 diesel engine on the site at the time of the assessment. This generator is used to power an electric generator for operation of the portable asphalt plant and is currently the only piece of equipment on the site that produces significant amount of Simon Contractors Simon Contractors Asphalt and Concrete Plant Noise December 22, 2017 Page 2 of 4 noise. The generator was used as an example to help determine how noise may propagate from the property. Noise measurements were collected from 10:00 am to 11:30 am on the site with the generator running. The temperature was 44 degrees Fahrenheit and the relative humidity was 32%. Wind at the time was 0-10 mph out of the south. Average noise measurements were collected at three different locations: 1) 10 feet due north of the generator, 2) 170 feet due north of the generator on the south edge of WCR 80.5 and 3) 1160 feet away from the generator at the northeast property corner on the south edge of WCR 80.5 Average noise readings were collected for center octave band frequencies from 63 Hertz (Hz) to 4,000 Hz. Total audible spectrum readings were also collected at each location. All readings were collected using the A -weighting filter set on the SLM. This data also provided information about predominant frequencies produced by the generator which would be helpful in designing various noise control methods. OBSERVATIONS AND FINDINGS Total audible band spectrum readings for each location are listed below: • Location #1: 93 dBA 10' due north of the generator • Location #2: 73 dBA — 170' due north of the generator on the south edge of WCR 80.5 • Location #3: 63 dBA — 1,160' away from the generator at the northeast property corner on the south edge of WCR 80.5 CONCLUSION AND RECOMMENDATIONS Hellman & Associates (H&A) understands that Simon Contractors intends to provide electrical power to the site in the future so that the generator can be eliminated. While this noise source will be eliminated from the site there are plans to add other equipment that may produce noise that could be considered a nuisance and/or be in excess of community noise standards established by the state of Colorado. Simon has already taken steps to reduce noise produced by backup alarms on heavy equipment and trucks that will be used at the site by purchasing "white noise" backup alarms to replace original manufacturer's equipment. H&A also understands that Simon is committed to evaluating noise produced on the site and implementing various noise mitigation systems to reduce noise to acceptable levels. Simon Contractors has retained H&A to assist in these efforts. Simon Contractors Simon Contractors Asphalt and Concrete Plant Noise December 22, 2017 Page 3 of 4 As Simon Contractors develops the site and adds equipment, H&A will be available to measure noise produced by the equipment and to determine if noise levels exceed established community noise standards at the property boundary and, if necessary, at locations beyond the property boundary. H&A will also provide consulting services to propose various mitigation techniques if measures are needed to reduce noise. Some techniques that may be considered and utilized include: • Mufflers on exhaust equipment and burners; • Enclosing and/or redirecting pneumatic cylinder air releases on equipment; • Erecting berms or barriers using various materials chosen based on their effectiveness at blocking and/or absorbing specific frequencies; and • Enclosing and/or adding sound treatment materials to individual noise sources. LIMITATIONS AND EXCLUSION OF WARRANTY This assessment was performed using procedures and a level of diligence typically exercised by professional consultants performing similar services. The conclusions and recommendations presented herein cannot take into account hidden or changed conditions, activities that might not occur at the time of the assessment, evidence of adverse conditions that might not be present at the time of the assessment, or possible inaccuracies of information supplied to us by others that might have a material bearing on the findings, conclusions, and recommendations contained herein. The procedures used for this assessment attempt to establish a balance between the competing goals of limiting investigative costs and time, and reducing the uncertainty about unknown conditions. Therefore, because the conclusions in this report were derived within project scope, cost, time and other limitations, the conclusions should not be construed as a guarantee that all safety and health hazards that exist at the subject property are included in this report. No warranty or guarantee, expressed or implied, is made regarding the findings, conclusions or recommendations contained in this report. The limitations presented above supersede the requirements or provisions of all other contracts or scopes of work, implied or otherwise, except those stated or acknowledged herein. Simon Contractors Simon Contractors Asphalt and Concrete Plant Noise December 22, 2017 Page 4 of 4 Thank you for the opportunity to provide assistance with this project. If you have questions, please contact me directly at 303.384.9828 at your convenience. Sincerely, Hellman & Associates, Inc. Prepared by: Mitchel W. Little, MS, CIH, CSP Principal EHS Consultant HO�KIN FAI≥I Nt1 �Kr1MP11 Pn0 I'ESSI0NAL C0IIP0ii,TION December 27, 2017 Weld County Department of Planning Services Attn: Kim Ogle 1555 N 17t1i Ave Greeley, CO 80631 Cire�ery K. I Terrance L_ FLLI1It K. KnLOILI David A_ Younger David M_ SLLLLIIrLLL h-11 CII.I L'I I. [resL'll John I_ IIm1'C LeLlr is A. CLd11[1 I),It'ILI h4. I) nitro And] II. Ituft John I'_ Jaslllti Nicllnlus II. (Terror DLI\'ld A_ Anthony F. I'rillsior I al]1111 y' M_ Lret L. KLFILLl]'d (I)Lek) kitaltnn `* V1 [Ilium A_ Ilillhouue II '"" Iaiza F. IIillhnusc Michael IL Luedtke Daniel F. I-ilzueraid ('1111 I_ (")']LLII KCl'Lamle Cltaroborlain Kareline R4_ II eluting Jonathan C. CLppero Re: USR17-0043 (Cactus Hill Ranch Company and Simon Contractors, Inc.) Dear Mr. Ogle: K LIILLun II. Nelsen 11926-19(52) I am an attorney advising Cactus Hill Ranch Company ("Cactus Hill") and Simon Contractors, Inc. ("Simon Contractors") regarding water rights issues that may be implicated by development of certain formerly agricultural property (the "Project") located in Weld County Colorado, on the southeast corner of the intersection of State Highway 257 and Weld County Road 80.5, within a tract of land located in the west half of Section 15, Township 7 North, Range 67 West of the 6t11 P.M. The development of this property is the subject of USR17-0043. As I believe you are aware, Cactus Hill is the owner of this property (the "Project Property"), as well as additional property located to the south that will be accepting drainage and stormwater flows from the Project Property. The purpose of this letter is to provide you with additional information relevant to Cactus Hill Ranch Company's prior December 20, 2017 letter discussing maintenance of historical stormwater flow patterns from the Project Property. The December 20, 2017 letter is included as Exhibit D in the Notebooks delivered to you on December 27, 2017. As a bit of background, I am a water law specialist with over twenty years of experience practicing water law. Prior to moving to private practice, I served as First Assistant Attorney General for the State of Colorado's Water Rights Unit, as the chief legal adviser to the Colorado State Engineer, and as Water Referee for the Colorado Water Division 1 Water Court. Thus, I am quite familiar with the matters discussed in this correspondence. The additional information I was asked to provide to you are the details of my recent correspondence with Jeff Deatherage, Chief of Water Supply for the Colorado State Engineer at the Colorado Division of Water Resources. I contacted Mr. Deatherage as part of Cactus * Gunnison 234 North Main Sneer, Suite 3A Gunnison. Colorado 51230 telephone 970,041.4531 fax 970.64141532_ 200 Grand Avenue, Suite 400 Post Office Box 40 Grand Junction, Colorado 81502 telephone 970.986.3400 fax 970.986.3401 rrtn-Y. hz fork. con r ** Denver 3570 East 12th avenue, Suite 314 L)cncer, Colorado 00206 telephone 720459.5760 fax 720.459,5701 Page 2 December 27, 2017 Hill's and Simon's efforts to ensure that development of the USR property through inclusion of stormwater detention system will not affect stormwater runoff patterns from the USR Property or otherwise create water rights administration concerns for the State Engineer. Specifically, on December 6, 2017, I provided Mr. Deatherage with a legal analysis regarding the stormwater detention system at the Project Property (the "Project Detention System"), along with an engineering report prepared by Tetra Tech and Paragon comparing historical runoff patterns to runoff patterns after development of the Project Detention System. A copy of my correspondence to Mr. Deatherage, including the Tetra Tech/Paragon report, is included in Tab Q of the Notebook. Mr. Deatherage promised to review the analysis and report I provided, and respond regarding any concerns that development of the USR Property might cause for the State Engineer. On December 22, Mr. Deatherage responded to my December 6, 2017 correspondence. Mr. Deatherage confirmed that Simon and Cactus Hill's proposal for the Project Detention System was acceptable to and would not require administration for water rights purposes by the State Engineer, provided the Project Detention System complies with the requirements of C.R.S. § 37-92-602(8), for release or infiltration of any captured storm water. The Project Detention System complies with the requirements of C.R.S. § 37-92- 602(8) as described below. First, this provision provides that storm water detained in any structures will not be subject to State Engineer administration if the detention structures meet the requirements of a "storm water detention and infiltration facility," as defined at § 602(8). Second, § 37-92-602(8) requires that detention pond systems continuously release or infiltrate at least ninety-seven percent of water from a rainfall event that is equal to or less than a five-year storm within seventy-two hours after the end of the event; and further requires that such systems continuously release or infiltrate all water from an event greater than a five-year storm as quickly as practicable, but in all cases releasing at least ninety-nine percent of water within one hundred twenty hours after the end of the event. Simon Contractors and Cactus Hill have committed that the Project Detention System, as described in the Tetra Tech/Paragon report, will comply with these release and infiltration requirements of C.R.S. § 37-92-602(8). Third, C.R.S. § 37-92-602(8) requires that stormwater from the Project released from detention ponds must not be consumed for a beneficial purpose. As Mr. Deatherage notes in his email, stormwater from the Project will be directed to an area of native vegetation, not irrigated cropland. Fourth, § 602(8) requires the detention ponds to operate passively. The Project detention ponds do so operate. Fifth, C.R.S. § 37-92-602(8) requires that detention ponds be operated solely for storm water management. The Project detention ponds will be operated solely for such purposes. Page 3 December 27, 2017 Finally, § 602(8) requires that, prior to the operation of a detention facility, the entity that owns, operates, or has oversight for the facility must provide notice of the proposed facility to the Substitute Water Supply Plan Notification List. Cactus Hill and Simon Contractors have committed to providing such notification. In summary, it is my opinion, based on my extensive experience in the practice of Colorado water rights law and water rights administration, that the information included with this correspondence, including the information provided by Jeff Deatherage, Chief of Water Supply for the Colorado Division of Water Resources, is more than sufficient to demonstrate to Weld County that the detention facilities proposed by Cactus Hill and Simon Contractors for USR17-0043 qualify as a Storm Water Detention Facility pursuant to C.R.S. § 37-92- 602(8), are entitled to a presumption of non -injury to vested water rights, and are not subject to administration by the Colorado State Engineer. Please contact me if you have any questions concerns regarding this correspondence. Thank you very much for your attention to this matter, and Best regards, John Joseph Cyran Hoskin Farina & Kampf Attorney for Simon Contractors Johnson, Anne From: Sent: To: Subject: Attachments: David M Rau <dmrau@paragoncg.com> Friday, December 22, 2017 1:27 PM Johnson, Anne Fwd: Letter regarding Simon Contractors Stormwater Proposal DWR Storm Water Statement.pdf; ATT00001.htm From: "Deatherage - DNR, Jeff' <jeff.deatheragestate.co.us> Date: December 22, 2017 at 8:32:31 AM MST To: "John J. Cyran" <jcyranhfak.com> Cc: Sarah Brucker ‹sarah.brucker(a�state.co.us> Subject: Re: Letter regarding Simon Contractors Stormwater Proposal Hello John, I reviewed the information you provided regarding storm water runoff on a parcel located in the eastern portion of Water District 3. From the information you provided, I understand that storm water from this site may have historically run into the WSSC canal, but it sounds like WSSC doesn't want the stormwater to continue to be directed into the canal. This site is now proposed to be developed by construction of the "Simon Contractors facility" and storm water from the site is proposed to be directed to an area of native vegetation (not irrigated cropland). The storm water will first be collected in two detention ponds and the ponds will drain to the native vegetation that is to be located to the south of the property (also south of the canal). The proposal as described, is acceptable provided the detention ponds meet the requirements of the storm water legislation that passed in SB 15-212 (found in section 37-92-602 (8), C.R.S.) for release or infiltration of the captured storm water. The storm water released from the detention ponds must be returned to the stream system or aquifer and not consumed for a beneficial purpose. Unless the storm water detention structures can meet the requirements of a "storm water detention and infiltration facility" as defined in section 37-92- 602(8), C.R.S., the structures may be subject to administration by this office. I have attached a copy of DWR's Administrative Statement Regarding the Management of Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado for your reference. This document and additional information is also available on our website at this link: http://water.state.co.us/SurfaceWater/SWRights/Pages/GraywaterStormw ater.aspx In order to meet the notification requirements, the applicant is encouraged to use the Colorado Stormwater Detention and Infiltration Facility Notification Portal, located at: https://maperture.dinitaldataservices.com/cwhi?viewer=cswdif A copy of SB 15-212 is also available on our website at this link: http://water.state.co.usfDWRDocsfNews/Pages! RelevantWaterLegislation .aspx I have forwarded your letter to our Division 1 office for their comments, but I have not received comments from them yet. If they have comments or concerns with the proposal, I will let you know. 1 If you have any questions, let me know. Thank you, Jeff Jeff Deatherage, P.E. Water Supply Chief P 303.866.3581, x-8244 1313 Sherman Street, Room 821, Denver, CO 80203 ieff.deatherage(a�state.co.us I www.water.state.co.us On Wed, Dec 6, 2017 at 12:36 PM, John J. Cyran <jcyrannhfak.com> wrote: Jeff: Thank you for speaking to me on the phone recently regarding a stormwater runoff plan being proposed by my client, Simon Contractors. Consistent with our conversation, attached is a letter and engineering report describing how my client intends to maintain stormwater runoff patterns, and why this proposed plan should not, I believe, cause concerns for the State Engineers. If you have any questions regarding this letter, please contact me at the below address. Highest regards, John John J. Cyran Hoskin Farina & Kampf PC Denver Office 3570 E 12th Ave, Suite 314 Denver, Colorado 80206 (720) 459-5760 (office) (303) 746-3802 (cell) FAX: (720) 459-5761 jcyranhfak.com Confidential and Privileged: This e-mail communication, including any attachment(s), contains information intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged and/or confidential. If you are not the intended recipient or an employee or agent responsible for delivering the communication to the intended recipient, you are hereby notified that any review, disclosure, copying, printing, distribution, or use of its contents or attachments is strictly prohibited. If you have received this communication in error, please notify our administrator immediately by telephone at (970) 986-3400, return the original communication and its attachment(s) to admin(a�hfak.com and permanently delete the communication from your system. Thank you. 2 TETRA TECH December 6, 2017 John J. Cyran, Esq Hoskin Farina & Kampf, PC 3570 East 12' Avenue, Suite 314 Denver, Colorado 80206 RE: Stormwater Runoff at Proposed Simon Contractors Facility, Weld County, Colorado; Tetra Tech Job No. 133-01756-17001 Dear Mr. Cyran: Tetra Tech has prepared this letter to present salient information regarding stormwater runoff from the proposed Simon Contractors facility in Weld County. The project comprises approximately 30.8 acres and is located on the southeast corner of the intersection of State Highway 257 and Weld County Road 80.5. The land is a part of a tract of land located in the west half of Section 15, Township 7 North, Range 67 West of the 6'h P.M. The project is currently being considered by the Weld County Board of County Commissioners for a Use by Special Review (USR). As a part of the USR process, a hydrology report was prepared and submitted to the Weld County Planning Department for review and referral to other parties that could be affected by the proposed project. As we discussed, Weld County requires detention of 100 -year developed flows with a release rate equivalent to the 5 -year, pre -project flows. The Water Supply and Storage Company (WSSC), owner of the Larimer County Canal which is located on the southern boundary of the subject property, has objected to the discharge of any quantity of stormwater runoff from the project site into the canal. Prior to development of the project, stormwater runoff from the project site and other upgradient areas flowed directly to the Larimer County Canal. We evaluated alternatives to discharge stormwater runoff to the area downslope of the canal. Prior to the construction of the canal, the stormwater runoff from upgradient areas and the project site drained naturally to the south through cultivated fields historically farmed by Cactus Hill Ranch. The attached Figure 1 shows the USGS topographic map of the area. The figure shows that the topographic trends in the area result in southerly natural stormwater flow paths. After canal construction, stormwater runoff from the project site that naturally flowed to the south was intercepted by the canal higher on the slope. After WSSC refused acceptance of any stormwater runoff from the project site, we are left with no other engineered alternative other than to convey site stormwater runoff past the canal such that it will flow to Tetra Tech 1900 S. Sunset Street, Suite I -E, Longmont, CO 80501 T :1 303-772-5282 Fax 303-772-7039 www.tetratech.com TETRA TECH John J. Cyran, Esq. December 6, 2017 Page 2 the area south of the canal on Cactus Hill Ranch in a manner consistent with natural flow patterns that existed prior to construction of the canal. Figure 1 also shows the proposed improvements and is attached to this letter. As shown on the figure, stormwater runoff from the project area will be collected in two detention ponds within the project area. The detention ponds will be drained south past the canal via inverted siphons. The ponds will release stormwater runoff on to an area vegetated by native grasses, before flowing generally south along its natural flow path. We understand that you will submit a letter requesting guidance and concurrence from the Division of Water Resources so that we may comply with applicable State water law. To accommodate the WSSC objection to accepting stormwater runoff from the project area, we propose to convey stormwater runoff from the project site past the canal such that it will combine with other stormwater runoff and flow through Cactus Hill Ranch in a manner consistent with natural flow patterns that existed prior to construction of the canal. This will mimic the natural storm runoff patterns. We have also attached historical aerial photos of the project site. The photos date back to 1937. The photos show that the field to the south of the canal, through which the stormwater runoff naturally flows, has been under cultivation for at least that long. This plan allows us to satisfy the WSSC request to prevent project site stormwater runoff from entering the canal and restores the natural flow conditions that existed prior to construction of the canal without putting the water to beneficial use. Sincerely, TR Jeff \e, PA5B son, P.E., CFM Projec ngineer Enclosures: Figure 1 Historical Aerial Photographs cc: Mr. Brett Baker/Simon Contractors (bbaker@simoncontractors.com) Mr. John Pinello/Simon Contractors (JPinello@simoncontractors.com) Ken Lind, Esq (ken@lorlegal.com) Mr. David Rau/Paragon Consulting Group, Inc. (dmrau@paragoncg.com) F:\01756\133-01756-17001\Docs\Reports\DWR Letter\DWR Letter 2017-12-01 FINAL.docx 12/6/2017 - P \017561133-01756-170011GIS\MXD\CONTOURMAPMXD - JEREMY ANDRYAUSKAS C> Agricultural Land CR 80 1/2 and Hwy 257 Fort Collins, CO 80524 Inquiry Number 5114836 1 November 22, 2017 6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free 800 352 0050 www edrnet corn EDR Aerial Photo Decade Package 11/22/17 Site Name: Agricultural Land CR 80 1/2 and Hwy 257 Fort Collins, CO 80524 EDR Inquiry # 5114836.1 Client Name: Paragon Consulting Group 1103 Oak Park Drive Fort Collins, CO 80525 Contact: Heather Alderman CEDIt Environmental Data Resources, Inc. (EDR) Aerial Photo Decade Package is a screening tool designed to assist environmental professionals in evaluating potential liability on a target property resulting from past activities. EDR's professional researchers provide digitally reproduced historical aerial photographs, and when available, provide one photo per decade. Search Results: Year 2011 2009 2006 2005 1999 1993 1988 1984 1971 1941 1937 Scale 1"=500' 1 "=500' 1"=500' 1"=500' 1 "=500' 1 "=750' 1 "=750' 1 "=500' 1 "=500' 1"=500' 1 "=500' Details Flight Year: 2011 Flight Year: 2009 Flight Year: 2006 Flight Year: 2005 Acquisition Date: October 04, 1999 Flight Date: June 27, 1993 Flight Date: September 05, 1988 Flight Date: October 13, 1984 Flight Date: August 07, 1971 Flight Date: August 06. 1941 Flight Date: June 22, 1937 Source USDA/NAIP USDA/NAIP USDA/NAIP USDA/NAIP USGS/DOQQ USGS USGS USDA USGS USDA USDA When delivered electronically by EDR, the aerial photo images included with this report are for ONE TIME USE ONLY. Further reproduction of these aerial photo images is prohibited without permission from EDR. For more information contact your EDR Account Executive. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES. INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION. MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE. FOR ANY LOSS OF DAMAGE, INCLUDING. WITHOUT LIMITATION, SPECIAL, INCIDENTAL. CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2017 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. 5114836- 1 page 2 N -le eEDR `�w.sa nN COLORADO Division of Water Resources Dena -triter of Natural Resou.rces 1313 Sherman Street, Room 821 Denver, CO 80203 Administrative Statement Regarding the Management of Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado February 11, 2016 The Division of Water Resources (DWR) has previously administered storm water detention facilities based on DWR's "Administrative Approach for Storm Water Management" dated May 21, 2011. Since the passage of Colorado Senate Bill 15-212, that administrative approach has been superseded. This document describes SB 15-212, codified in section 37-92-602(8), Colorado Revised Statutes (C.R.S.), and how the law directs administrative requirements for storm water management. The document is for informational purposes only; please refer to section 37-92- 602(8) for comprehensive language of the law. Pursuant to section 37-92-602(8), storm water detention facilities and post-wildland fire facilities shall be exempt from administration under Colorado's water rights system only if they meet specific criteria. The provisions of SB15-212 apply to surface water throughout the state. SB15-212 only clarifies when facilities may be subject to administration by the State Engineer; all facilities may be subject to the jurisdiction of other government agencies and must continue to obtain any permits required by those agencies. Storm Water Detention Facilities Pursuant to section 37-92-602(8), a storm water detention and infiltration facility ("Detention Facility") is a facility that: • Is owned or operated by a government entity or is subject to oversight by a government entity, including those facilities that are privately owned but are required by a government entity for flood control or pollution reduction. • Operates passively and does not subject storm water to any active treatment process. • Has the ability to continuously release or infiltrate at least 97 percent of all of the water from a rainfall event that is equal to or less than a five-year storm within 72 hours of the end the rainfall event. • Has the ability to continuously release or infiltrate at least 99 percent of all of the water from a rainfall event that is greater than a five-year storm within 120 hours of the end the rainfall event. • Is operated solely for storm water management. 1313 Sherman Street, Room 821, Denver, CO 80203 P 3O3.866.3581 F 3O3.866.3589 www.water.state.co.us Administrative Statement: Storm Water and Post-Wildland Fire Facilities, DWR February 11, 2016 Page 2 of 5 In addition, to qualify for the allowances provided in SB-212, the facility: • Must not be located in the Fountain Creek watershed, unless the facility is required by or operated pursuant to a Colorado Discharge Permit System Municipal Separate Storm Sewer System Permit issued by the Department of Public Health and Environment pursuant to Article 8 of Title 25, C.R.S. • Must not use water detained in the facility for any other purpose nor release it for subsequent diversion by the person who owns, operates, or has oversight over the facility. The facility cannot be operated as the basis for a water right, credit, or other water use right. • Must not expose ground water. • May include a structure or series of structures of any size. If the Detention Facility was constructed on or before August 5, 2015 and meets all the requirements listed above, it does not cause material injury to vested water rights and will not be subject to administration by the State Engineer. If the Detention Facility is constructed after August 5, 2015, meets the requirements listed above, and the operation of the detention facility does not cause a reduction to the natural hydrograph as it existed prior to the upstream development, it has a rebuttable presumption of non -injury pursuant to paragraph 37-92-602(8)(c)(II). A holder of a vested water right may bring an action in a court of competent jurisdiction to determine whether the operation of the detention facility is in accordance with paragraph 37-92-602(8)(c)(II)(A) and (B) has caused material injury. If the court determines that the vested water rights holder has been injured, the detention facility will be subject to administration. In addition, for Detention Facilities constructed after August 5, 2015, the entity that owns, operates, or has oversight for the Detention Facility must, prior to the operation of the facility, provide notice of the proposed facility to the Substitute Water Supply Plan (SWSP) Notification List for the water division in which the facility is located. Notice must include: the location of proposed facility, the approximate surface area at design volume of the facility, and data that demonstrates that the facility has been designed to comply with section 37-92-602(8)(b) paragraphs (B) and (C). The State Engineer has not been given the statutory responsibility to review notices, however, DWR staff may choose to review notices in the course of their normal water administration duties. Not reviewing notices does not preclude the Division Engineer from 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us Administrative Statement: Storm Water and Post-Wildland Fire Facilities, DWR February 11, 2016 Page 3 of 5 taking enforcement action in the event that the above criteria are not met in design and/or operation. To satisfy the notification requirement, operators are encouraged to use the Colorado Stormwater Detention and Infiltration Facility Notification Portal developed by Urban Drainage and Flood Control District ("UDFCD"), located at: https: / / maperture.digitaldataservices.com/gvh/?viewer=cswdif. Types of detention Facilities contemplated under this statute include underground detention vaults, permanent flood detention basins,' extended detention basins,2 and full spectrum detention basins.3 Storm Water Best Management Practices4 (BMPs) not contemplated above, including all Construction BMPs and non -retention BMPs, do not require notice pursuant to SB- 212 and are allowed at the discretion of the Division Engineer. Green roofs are allowable as long as they intercept only precipitation that falls within the perimeter of the vegetated area. Green roofs should not intercept or consume concentrated flow, and should not store water below the root zone. BMPs that rely on retention, such as retention ponds and constructed wetlands, will be subject to administration by the State Engineer. Any detention facility that does not meet all of the statutory criteria described above, in design or operation, is subject to administration by the State Engineer. ' Flood detention basin: An engineered detention basin designed to capture and slowly release peak flow volumes to mitigate flooding (Urban Drainage and Flood Control, 2010). 2 Extended detention basin: An engineered detention basin with an outlet structure designed to slowly release urban runoff over an extended time period (Urban Drainage and Flood Control, 2010). 3 Full spectrum detention basin: An extended detention basin designed to mimic pre -development peak flows by capturing the Excess Urban Runoff Volume and release it over a 72 hour period (Urban Drainage and Flood Control, 2010). 4 Best management practice: A technique, process, activity, or structure used to reduce pollutant discharges in stormwater (Urban Drainage and Flood Control, 2010). 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us Administrative Statement: Storm Water and Post-Wildland Fire Facilities, DWR February 11, 2016 Page 4 of 5 Post-Wildland Fire Facilities Pursuant to section 37-92-602(8), a post-wildland fire facility is a facility that: • Includes a structure or series of structures that are not permanent. • Is located on, in or adjacent to a nonperennial streams. • Is designed and operated to detain the least amount of water necessary, for the shortest duration of time necessary, to achieve the public safety and welfare objectives for which it is designed. • Is designed and operated solely to mitigate the impacts of wildland fire events that have previously occurred. In addition, to qualify for the allowances provided in SB-212, the facility: • Must be removed or rendered inoperable after the emergency conditions created by the fire no longer exist, such that the location is returned to its natural conditions with no detention of surface water or exposure of ground water. • Must not use water detained in the facility for any other purpose nor release it for subsequent diversion by the person who owns, operates, or has oversight over the facility. The facility will not be operated as the basis for a water right, credit, or other water use right. If the post-wildland fire facility meets the requirements listed above, it does not cause material injury to vested water rights. While DWR recognizes that post-wildland fire facilities are essential to the protection of public safety and welfare, property, and the environment, DWR may, from time to time, request that the person who owns, operates, or has oversight of the post-wildland fire facility supply information to DWR to demonstrate they meet the criteria set forth above. If a post-wildland fire facility does not meet all the criteria set forth above, it will be subject to administration by the State Engineer. 5 DWR may use the National Hydrography Dataset or other reasonable measure to determine the classification of a stream 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us Administrative Statement: Storm Water and Post-Wildland Fire Facilities, DWR February 11, 2016 Page 5 of 5 Resources and References Colorado Stormwater Detention and Infiltration Facility Notification Portal: https://maperture.digitaldataservices.com/gvh/?viewer=cswdif Colorado Senate Bill15-212: http: / /www.leg.state.co.us/CLICS/CLICS2015A/csl.nsf/fsbillcont3/13B28CF09699E67087257DE80 06690D8?Openatfile=212_enr. pdf United States Geological Survey National Hydrography Dataset: http://nhd.usgs.gov/ Urban Drainage and Flood Control District 37-92-602(8) explanation memo and FAQ's: http://udfcd.org/crs-37-93-6028-explanation-memo-and-faqs/ Urban Drainage and Flood Control District. (2010). Urban Storm Drainage Criteria Manual: Volume 3, Best Management Practices, updated November 2015. Located at: http://udfcd.org/volume-three 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us Graywater and Storm Water Page 1 of 1 COLORADO Division of Water Resources Department of Natural Resources Graywater and Storm Water Graywater Use Graywater is a portion of the water used in a residential, commercial, or industrial building that may be collected after the first use and put to a second beneficial use. Though recent changes to Colorado statues and regulations provide a framework for the use of graywater, graywater use remains subject to compliance with local regulation and Colorado's water rights system. Jurisdictions at the city, city and county, or county level must create a graywater control program and adopt an ordinance or resolution to allow graywater use prior to graywater use in the jurisdiction. Contact your local government office to find out if your jurisdiction has a graywater program. Graywater use is subject to compliance with Colorado's water rights system, including well permit conditions and water supplier restrictions. Please see DWR's 2011 Administrative Position for Graywater Reuse or contact DWR to learn more about the interactions between graywater use and Colorado's water rights system. Additional resources: Quick Links eik Colorado Revised Statutes ') Colorado Stormwater Detention and Infiltraticn Facilities Notification Portal CSU Extension: Graywater Reuse and Rainwater Harvesting • Colorado Department of Public Health and Environment- Graywater Information Sheet • Colorado Department of Public Health and Environment- Regulation 86: Graywater Control Regulation • CSU Extension: Graywater Reuse and Rainwater Harvesting Storm Water Management Senate Bill 15-212 exempts many storm water detention and infiltration facilities from administration in Colorado's prior appropriation system so long as the facilities meet specific statutory criteria, including that they do not divert the water for beneficial use, that ground water is not exposed, and that new facilities are properly designed and noticed. For more information on the notice process, see the Colorado Stormwater Detention and Infiltration Facilities Notification Portal. For any questions related to the use of the Notification Portal, please contact Urban Drainage and Flood Control District at (303) 455-6277 . For more information on the statutory criteria please see DWR's Administrative Statement. Landscaping that is planted on roofs (green roofs) is allowable as long as the landscaping intercepts only precipitation that falls directly onto the landscaping. The landscaping may not intercept and consume concentrated flow and may not store water below the root zone. Please see DWR's Administrative Statement for additional details. (Page Revision: 4/3/2017) Related Documents Administrative Statement Administrative Position for Graywater Reuse (.pdf) Administrative Statement Regarding the Management of Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado (2/11/2016) (.Pdf) http://water.state.co.us/SurfaceWater/SWRights/Pages/GraywaterStormwater.aspx 12/22/2017 Legislation Page 1 of 1 Legislation COLORADO Division of Water Resources Department of Natural Resources Copies of signed bills for water related topics. 2017 House and Senate Bills House Bill 17-1076, Rulemaking by the State Engineer regarding Permits for the Use of Water Artificially Recharged into Non -tributary Groundwater Aquifers 2016 House and Senate Bills • House Bill 16-1005, Use of Rain Barrels to Collect Precipitation • House Bill 16-1229, Agricultural Water Protection Program 2015 House and Senate Bills • Senate Bill 15-010, Augmentation Requirements for Wells Withdrawing Water from the Dawson Aquifer • Senate Bill 15-183, Quantification of the Historical Consumptive Use of a Water Right • Senate Bill 15-212, Regarding Water Detention Facilities for Stormwater Runoff • House Bill 15-1013, High Ground Water -Pilot Projects and Summary of Consultation report regarding recharge structures • House Bill 15-1166, South Platte River alluvial aquifer ground water monitoring network • House Bill 15-1178, Emergency dewatering grant program and data collection • House BU 15-1278. Reaardina Implementation of the Leaislative Audit Committee's Recommendations for Review of Dam Safety 2014 House and Senate Bills • Senate Bill 14-026, Removal of Statutory Printing Requirements for DWR 2013 House and Senate Bills 2012 House and Senate Bills http://water.state.co.us/DWRDocs/News/Pages/RelevantWaterLegislation.aspx 12/22/2017 www tetratech corn 1900 S Sunset Street, Ste 1-E Longmont, Colorado 80501 PHONE (303) 772-5282 FAX (303) 772-7039 Simon -Highway Plant #3:SPCC December 13.2017 SPILL PREVENTION, CONTROL and COUNTERMEASURE PLAN for: Simon -Highway Plant #3 8476 Weld County Road 8 .5 Windsor, Colorado 80550 Plan Prepared by: Environmental Solutions 2215 Rockhurst Boulevard Colorado Springs, CO 80918 (719) 260-9820 Simon -Highway Plant #3:SPCC December 1312017 TABLE OF CONTENTS Introduction Part 1: Plan Administration 1.1 Management Approval and Designated Person 1.2 Professional Engineer Certification 1.3 Location of SPCC Plan 1.4 Semi -Annual Plan Review 1.5 Facilities, Procedures, Methods or Equipment Not Yet Fully Operational 1.6 Cross -Reference with SPCC Provisions Part 2: General Facility Information 2.1 Facility Description 2.2 Evaluation of Discharge Potential Part 3: Discharge Prevention -General SPCC Provisions 3.1 Compliance with Applicable Requirements 3.2 Facility Layout Diagram 3.3 Spill Reporting 3.4 Potential Discharge Volumes and Direction of Flow 3.5 Containment and Diversionary Structures 3.6 Practicability of Secondary Containment 3.7 Inspections, Tests, and Records 3.8 Personnel, Training, and Discharge Prevention Procedures 3.9 Site Security 3.10 Tank Truck Loading/Unloading Rack Requirements 3.11 Brittle Fracture Evaluation 3.12 Conformance with State and Local Applicable Requirements Part 4: Discharge Prevention -SPCC Provisions for Onshore Facilities 4.1 Facility Drainage 4.2 Bulk Storage Containers 4.3 Transfer Operations, Pumping, and In -Plant Processes Part 5: Discharge Response 5.1 Response to a Minor Discharge 5.2 Response to a Major Discharge 5.3 Waste Disposal 5.4 Discharge Notification 5.5 Cleanup Company and Equipment Suppliers Page 5 5 5 6 6 5 S g g 10 10 10 10 10 11 12 12 12 14 14 14 15 15 16 16 16 18 18 19 19 20 20 21 Simon -Highway Plant #3:SPcc December 13, 2017 List of Tables Table 1-1: Plan Review Log Table 1-2: SPCC Cross -Reference Table 2-1: Fuel/Oil Containers Table 2-2: Potential Discharge Volume and Direction of Flow Table 3-2: Inspection and Testing Program Table 3-3: Fuel/Oil Transfer Procedures Table 4-1: List of Fuel/oil Containers Table 4-2: Scope and Frequency of Bulk Storage Containers Inspection and Tests Appendices A: Site Plan and Facility Diagram B: Substantial Harm Determination C: Monthly and Annual Inspection Forms D: Ullage Forms E Record of Discharge Prevention Briefings and Training F: Calculation of Secondary Containment Capacity G: Records of Tank Integrity and Pressure Tests H: Emergency Contacts I: Discharge Notification Form J: Discharge Response Equipment Inventory K: Record of Containment Drainage 3 Simon -Highway Plant #3:SPCC December 13, 2017 INTRODUCTION Purpose The purpose of this Spill Prevention, Control, and Countermeasure (SPCC) Plan is to describe measures implemented by Simon management to prevent oil discharges from occurring and to prepare personnel to respond in a safe, effective and timely manner to mitigate the impacts of a discharge. This Plan has been prepared to meet the requirements of Title 40 CFR part 112, this SPCC Plan is used as a reference for oil storage information and testing records, as a tool to communicate practices on preventing and responding to discharges with employees, as a guide to facility inspection, and as a resource during emergency response. Simon management has determined that this facility does not pose a risk of substantial harm under 40 CFR part 112, as recorded in the "Substantial Harm Determination" included in Appendix B of this Plan. This Plan provides guidance on key actions that Simon personnel must perform to comply with the SPCC rule: Complete monthly and annual site inspections as outlined in the Inspection, Tests, and Records section of this Plan (Section 3.7) using the inspection forms included in Appendix D. Perform preventive maintenance of equipment, secondary containment systems, and discharge prevention systems described in this Plan as needed to keep them in proper operating conditions. Conduct annual employee training as outlined in the Personnel, Training, and Discharge Prevention Procedures section of this Plan (Section 3.8) and document them: on the log included in Appendix E. If either of the following occurs, submit the SPCC Plan to the EPA Region 8 Regional Administrator and the Colorado Oil Inspection Section, along with a completed Discharge Notification Form found in the Appendix. The facility discharges more than 15000 gallon of oil into or upon the navigable waters of the U.S. in a single spill event: or the facility discharges oil in quantities greater than 42 gallons in each of two spill events within any 12 -month period. Review the SPCC Plan semi-annually and amend it to include more effective prevention and control technology, if such technology will significantly reduce the likelihood of a spill event and has been proven effective in the field at the time of the review. Plan amendments, other than administrative changes discussed above, must be recertified by a Professional Engineer on the certification page in Section 1.2 of this Plan. Amend the SPCC Plan within six (6) months whenever there is a change in facility design, construction, operation, or maintenance that materially affects the facility's spill potential. The revised Plan must be recertified by a Professional Engineer (PE). Review the Plan on a semi-annual basis. Update the Plan to reflect any "administrative changes" that are applicable, such as phone numbers. Administrative changes must be documented in the Plant review log of Section 1A of this Plan, but do not have to be certified by a PE. I Simon -Highway Plant #3:SPCC December 13, 2017 icr Spill Prevention, Control and Countermeasure Plan Part 1: Plan Administration 1.1 Management Approval and Designated Person (40 CFR 112.7) This Spill Prevention, Control and Countermeasure Plan has been prepared for and will be implemented by (40 CFR 112.3(a)). Simon -Highway Plant #3 8416 Weld County Road 80.5 Windsor, Colorado 80550 Date of Preparation: December 13, 2017 Management Approval: Simon management is committed to preventing discharges of oil to navigable waters and the environment, and to maintaining the highest standards for spill prevention control and countermeasures through the implementation and regular review and amendment to the Plan. This SPCC Plan has the full approval of Simon management and has committed the necessary resources to implement the measures described in this Plan. Mr. Josh Corr is the Designated Person Accountable for Oil Spill Prevention at this Simon facility and has the authority to commit the necessary resources to implement this Plan. Signature: Name: Mr. Josh Corr Title: Plant Foreman 1.2 Professional Engineer Certification (40 CFR 112.3(d)) I hereby certify that I have visited and examined this facility and being familiar with the provisions of 40 CFR, Part 112 attest that this SPCC Plan has been prepared in accordance with good engineering practices including consideration of applicable industry standards and the requirements of 40 CFR part 112; that procedures for required inspections and testing have been established; and that this Plan is adequate for this facility. (40 CFR 112.3(d)). „...::::%9't c. cr �. , razr .P t , 3:',6)0r eta 1 , ia 12310 C *' 0 Q ., 3:13rjjyB'93 0 ir et.. • e 0 Cr c:<.• . - 9110 °N.; I .E. It. Registration No. 12310 State of Colorado Date Signed: /z/i&/zo/7 Gerald Richard Branum, P. E. Printed Name of Registered Professional Engineer igna ure o ' : gistered Professional Engineer Registration o. 12310 State of Colorado 5 SimoneHighway Plant #3:SPCC December 13, 2017 1.3 Location of SPCC Plan (40 CFR 112,3(e)) In accordance with 40 CFR 112.3(e), a complete copy of this SPCC Plan is maintained at this facility in the Control Building which is open during working hours. 1,4 Plan Review (40 CFR 112.3 and 112.5) 1.4.1 Changes in Facility Configuration In accordance with 40 CFR 112.5(e), Mr. Josh Corr periodically reviews and evaluates this SPCC Plan for any change in the facility design, construction, operation, or maintenance that materially affects the facility's potential for an oil discharge, including, but not limited to: addition or removal of containers; • reconstruction, replacement, or installation of piping systems; • construction or demolition that might alter secondary containment structures; or • changes of product or service, revisions to standard operation, modification of testing/inspection procedures, and use of new or modified industry standards or maintenance procedures. Amendments to the Plan made to addresschanges of this nature are referred to as technical amendments, and must be certified by a PE. Non -technical amendments can be recorded (and must be documented on Page 7) by Mr. Josh Corr or his designee. Non -technical amendments include the following; change in the name or contact information of individuals responsible for the implementation of this pl an; or • change in the name or contact information of spill response or cleanup company. Simon personnel must make the needed revision to the SPCC Plan as soon as possible, but no later than six months after the change occurs. The plan must be implemented as soon as possible following any technical amendment, but no later than six months from the date of the amendment. Mr. Josh Corr or his designee is responsible for initiating and coordinating revisions to the SPCC Plan. 1.4.2 Record of Plan Reviews Scheduled reviews and plan amendments are recorded in the Semi -Annual Review Signature Sheet. This log must be completed even if no amendment is made to the Plan as a result of the review. 1,5 Facilities, Procedures, Methods, or Equipment Not Yet Fully Operational (40 CFR 112.7) Bulk storage containers at this facility have never been tested for integrity since their installation in 2003. Section 4.2.6 of this Plan describes the inspection program to be implemented by the facility following a regular schedule, including the dates by which each of the bulk storage containers must be tested. 6 Simon -Highway Pent #3:SPCC December 13, 2017 Table 1-1 SEMI -ANAL REVIEW SIGNATURE SHEET In accordance with 40 CFR 112.5(b), a review and evaluation of this SPCC Plan is conducted semi-annually and recertified in five years. As a result of this review and evaluation, Simon management will amend the SPCC Plan within six months of the review to include more effective prevention and control technology if. (1) such technology will significantly reduce the likelihood of a spill event from this facility, and (2) if such technology has been field -proven at the time of review. Any technical amendment to the SPCC Plan shall be certified by a Professional Engineer within six months after a change in the facility design, construction, operation, or maintenance occurs which materially affects the facility's potential for the discharge of oil into or upon the navigable waters of the United States or adjoining shorelines. Reviewed by Josh Corr/Designee Date Changes to SPCC Plan Reviewed by Josh Corr/Designee Date Changes to SPCC Plan Reviewed by Josh Corr/Designee Date Changes to SPCC Plan Reviewed by Josh Corr/Designee Date Changes to SPCC Plan Reviewed by Josh Corr/Designee Date Changes to SPCC Plan Reviewed by Josh Corr/Designee Date Changes to SPCC Plan Reviewed by Josh Corr/Designee Date * Semi-annual inspection records must be kept for three years Simon -Highway Plant #3:SPCC December 13, 2017 1.6 Cross -Reference with SPCC Provisions (40 CFR 112.7) This SPCC Plan does follow the exact order presented in 40 CFR part 112 and Table 1-2 presents a cross- reference of plan sections relative to applicable parts of the rule. Table 1-2 SPCC Cross -Reference Provision r . Izy 4r ss' <<t;....,:.„:„.1t 1, % Plan Section% 11 .. t t a a1 11 . .. 1 S2L1 r41S . r 1 1 r112.3(d) 4 Page Professional Engineer Certification 5 112.3(e) Location of SPCC Plan 6 112.5 Plan Review Table 1-1 112.7 Management Approval a 112.7 Cross -Reference with SPCC Rule 8 112.7(a)(3) Part 2: General Facility Site Plan and Facility Information Diagram Appendix 9 A 112.7(a)(4) 5.4 Discharge Notification Appendix 112.7(b) 3.4 Potential Discharge Volumes and Direction of Flow 11 112.7(c) 3.5 Containment and Diversionary Structures 12 112.7(d) 3.6 Practicability of Secondary Containment 12 122.7(e) 3.7 Inspection, Test, and Records Table 3-2 112.1(0 3.8 Personnel, Training and Discharge Prevention Procedures 14 112.7(g) 3.9 Security 14 112.7(h) 3.10 Tank Loading/Unloading 14 Truck 112.7(i) 3.11 Brittle Fracture Evaluation 15 112.70) 3.12 Conformance with Applicable State and Local Requirements 15 112.8(b) 4.1 Facility Drainage 16 112.8(c)(1) 4.2.1 Construction 16 112.8(c)(2) 4,2.2 Secondary Containment 17 112.8(c)(3) 4.2.3 Drainage of Diked Areas 17 112.8(0(4) 4.2.4 Corrosion Protection 17 112.8(c)(5) 4.2.5 Partially Buried and Bunkered Storage 17 Tanks 11.2.8(c)(6) 4.2.6 Inspection Facility Inspection Checklist Appendix 17 D 112.8(c)(7) 4.2.7 Heating Coils 18 112.8(c)(8) 4.2.8 Overfill Prevention System 18 112.8(c)(9) 4.2.9 Effluent Facilities 18 Treatment 112.8(c)(10) 4.210 Visible Discharges 18 112.8(c)(11) 4.2.11 Mobile and Portable Containers 18 112.8(d) 4.3 Transfer Operations, Pumping and In -Plant Procedures 18 112.20(e) Certification of Substantial Harm Determination Appendix B Simon -Highway Plant #3:SPCC December 13, 2017 Part 2: General Facility In formation Name: Address: Type: Owner/Operator Primary Contact: Simon -Highway Plant #3 8416 Weld County Road 80.5, Windsor, Colorado Asphalt and Concrete Paving, Sand & Gravel Contractor Simon/Simon Mr. Josh Corr, Plant Foreman Work: (303) 530.4531 2.1 Facility Description (40 CFR 112.7(a)(3)) 2.1.1 Location and Activities The Simon Company is constructing a Ready Mix & Asphalt Plant on properly that is location east of Colorado Highway 257 and south of Weld County Road 80.5. This plant is located 2.5 miles west of Severance, Colorado and 4.0 miles east of Fort Collins, Colorado. Asphalt cement is stored in three aboveground storage tanks: two 30,000 -gallon single -wall insulated horizontal metal tanks and one 7,000 - gallon single -wall insulated horizontal metal tank. There is a heat exchanger unit attached to each of the 30,000 -gallon asphalt tanks. The heat exchangers are fueled by dyed diesel fuel that is stored in 270 -gallon and 150 -gallon single wall metal overhead tanks. The heat exchangers heat transfer oil and circulates the oil around the exterior of the asphalt cement tanks to keep the product flowable, Dyed diesel fuel used to fuel on -site equipment is stored in one 10,000 -gallon double -wall horizontal metal tank, Tack oil is stored in a 7,000 -gallon single -wall horizontal metal tank. New oils are stored in two 275 -gallon metal tanks inside the equipment trailer and used oil is stored in a 270 -gallon plastic tote. Diesel fuel for the electric generator is stored in a rectangular single -wall metal tank on the generator trailer. This Spill Prevention Control and Countermeasure (SPCC) Plan addresses petroleum products (asphalt cement, dyed diesel fuel and lubricating oils) stored and used at this facility and includes a section on emergency procedures. Simon employees will be trained in this SPCC Plan annually. The Site Plan included in Appendix A of this Plan shows the location of the ASTs, spill containment equipment, fuel loading/unloading areas, and critical spill control structures. Simon personnel are constantly in the area of the loader and gravel production units. Mr. Josh Corr has been designated as the person responsible for ensuring that the procedures, contained within this document, are followed and adequate training is provided to employees. Mr. Josh Corr or his designee is responsible for semi-annual review of this plan. 2. r1.2 FuellOil Storage This Simon facility has installed two 30,000 -gallon horizontal metal tank that stores liquid asphalt cement, dyed diesel fuel is stored in a 10,000 -gallon double -wall horizontal metal tank, new (lubricating oils) are stored in two 275 -gallon horizontal metal tanks and used oil is stored in a 270 -gallon plastic tote. Heat exchangers next to the AC tanks use heat transfer oil to liquefy the asphalt cement prior to the production of road asphalt. Tack oil is stored in a 7,000 -gallon single -wall horizontal metal tank_ Diesel fuel for the electric generator is stored in a rectangular single -wall metal tank on the generator trailer. The capacities of oil containers present at the site are listed below and are also indicated on the facility diagram in Figure A-1. All containers with capacity of 55 gallons or more are included. Table 2-1 Asphalt/Fuel/oil Containers Fixed Storage - r',_t�.l Y y..4•"`e •i ..'.••:. L: ID -•` !t•1 r.• .,:'-1`i '.-: Capacity ita`h! + -t !! ontent' }-_ - -- - _ .L !t ! - _'- -: •_ T b-� �. 'S 'rte! Description - -•�.'i--.:-rC'.-•_ - s1 -t. -". �- •...t., 1 � #1 10,000 gallons Dyed #2 Diesel Fuel Double -wall Horizontal Metal Tank Simon -Highway Plant #3:SPCC December 13, 2017 #2 30,000 -gallons Asphalt Cement Single -wall Insulated Horizontal Metal Tank #3 301000 -gallons Asphalt Cement Single -wall Insulated Horizontal Metal Tank #4 1 7,000 -gallons Asphalt Cement Single -wall Insulated Horizontal Metal Tank #5 150 -gallons Heat Transfer Fluid Single -wall Horizontal Metal Tank #6 270 -gallons Heat Transfer Fluid Single -wall Horizontal Metal Tank #7 7,000 -gallons Tack Oil Single -wall Horizontal Metal Tank r #8 275 -gallons lOW Motor Oil Single -wall Horizontal Metal Tank #9 275 -gallons 15W-40 Motor Oil Single -wall Horizontal Metal Tank #10 900 -gallons Dyed Diesel Fuel Single -Wall Rectangular Metal Tank #11 i 270 -gallons : Used Oil Single -wall Rectangular Plastic Tank Total Fuel/oil Storage Capacity: 86,140 gallons 2.2 Evaluation of Discharge Potential 211 Distance to Navigable Waters and Adjoining Shorelines and Flow Paths This concrete/asphalt plant is located on a parcel of land that slopes to the south. The Larimer County Canal is located along the southern portion of the leased site. James Lake is located 0.5 of a mile south of the Simon site. 2.2.2 Discharge History This facility has not had a reportable spill event involving equipment listed in this section in the last 5 years. Part 3: Discharge Prevention -General SPCC Provisions The following measures are implemented to prevent oil discharges during the handling, use, or transfer of oil products at this facility. Oil -handling employees will have received training in the proper implementation of these measures. 3,1 Compliance with Applicable Requirements (40 CFR 112.7(a)(2)) Tank #1 is registered with the Colorado Department of Labor and Employment's Oil Inspection Section. Tanks #1410 and plastic tote are inspected monthly and annually in accordance with the Colorado AST inspection form found in the appendix. Tank #1 has a high level audible alarm that will alert tank truck drivers when a tank compartment is 90% full. An entry into the tank ullage form is made monthly for the used oil tank. 3.2 Facility Layout Diagram (40 CFR 112.7(a)(3)} Figure A-1 presents a layout of the facility and the location of the ASTs, building and product loading/ unloading areas. As required under 40 CFR 112.7(a)(3), the facility diagram indicates the location and content of AST's, connecting piping and loading/unloading facilities. 3.3 Spill Reporting (40 CFR 112.7(a)(4)) The discharge notification form included in Appendix I will be completed upon immediate detection of a discharge and prior to reporting a spill to the proper notification contacts. 10 Simon -Highway Plant #3:SPCC December 13, 2017 3.4 Potential Discharge Volumes and Direction of Flow (40 CFR 112.7(b)) Table 3-1 presents expected volume, discharge rate, general direction of flow in the event of equipment failure, and means of secondary containment for different parts of this facility where oil is stored, used or handled, Table -4: Potential Discharge Volumes and Direction of Flo Potential Event Bulk Storage Tank #1) Max. Volume Released Max. Discharge Direction of Rate Flow Secondart.% containment `=: . (Collapse below product or Puncture levelInstantaneous 10,000 gals. Gradual to South Detention Toward Ponds Interstitial Area Tank Overfill 1 to 120 gals. 50 gals./min. South Detention Toward Ponds Available Spill Kit t Hose or Pipe Failure 100 gals. 50 gals./min. South Detention Toward Ponds Available Sp i ll Kit -.- Bulk Storage Tanks #2, #3, #4 & #7 (Collapse below product or Puncture level)Instantaneous �� gals. Gradual to South Detention Toward Ponds Low High Temperature Viscosity Solidification & Tank Overfill 1 to 20 gals. 10 gals./resin. . South Detention Toward Pond s Low High Temperature Solidification Viscosity & Pipe Failure 20 gals. T 10 -__ gals./min. South Detention Toward Ponds Hi Viscosity & Low Temperature Solidification Bulk Storage Tanks #5 & #6) (Collapse product or Puncture level) gals 270below g Instantaneous Gradual to South Detention Toward Ponds Outer Neat Tank Exchanger Wall of Tank Overfill 1 #1 to 20gals. 1 o als.imin. g South Detention Toward Ponds Available Spill p Kit Pipe Failure 20 gals. ' 10 galsrimin. South Toward Outer Heat Tank Exchanger Wall of Detention Ponds Bulk Storage Tanks #8 & #9 (Collapse below product or Puncture level) 275 g als. Gradual i Instantaneous to South Detention Toward Ponds Flat and Trailer Spill Floor Kit Tank Overfill 1 to 20gals. 1 � als.�`min. g South Detention Toward Ponds Flat and Trailer Spill Floor Kit Bulk Storage Tanks #10 & #11 (collapse A belowproduct or Puncture level) 270 gals. Instantaneous Gradual to South Detention Toward Ponds AvailableSpill Iii t Tank Overfill • . 1 to 20 gals. 10 gals.rnin. South Detention Toward Ponds Available Spill . Kit . 20 gals. _ 10 gals./min. South Detention Toward Ponds Available Spill Kit Pipe Failure Simon -Highway Rant #3:SPCC December 13, 2017 Fuel, Asphalt, Oil Unloading Areas Tank Truck Leak or Human Error to 500 gals. Gradual to instantaneous South Toward Detention Ponds 3.5 Containment and Diversionary Structures (40 CFR 112.7(c)) Available Spill Kit Methods of secondary containment at this facility include a combination of structures (metal containment pans) and available spill response kits to prevent oil from reaching navigable waters. Double -Wall Tank Construction: Tank #1, has a double -wall construction a secondary shell designed to contain 110 percent of the inner shell capacity. Detention Pond: There is a 4' soil berm along the eastern portion of the southern border of this site and along the southern portion of the western border. Two detention ponds are planned to be installed along the southern border that will provide containment for any fuel release at the plant. A release of diesel fuel would most likely occur when filling the tank or when fueling equipment, that release would flow to the south with average slope at this site would be 2.03%. Available absorbent material will be used to contain the release in the area of the fuel tank.Should a large occur that could not be contained in the immediate area, the release would flow to the south toward the detention ponds along the southern border. That soil in this area of Weld County is considered a loam with moderated permeability of 2"-G" per hour which would allow enough time for employees with equipment to contain the spill. Bulk Storage Containers: Tanks #2, #3, #4 MP because of the high viscosity and low solidification temperature for asphalt cement and tack oil a spill/release of this product would remain in the immediate area. The construction of the heat exchangers provides secondary containment for the heat transfer oilused in Tank ##5 & *G. Tanks #8 & #9 are located in the equipment trailer that provides some secondary containment; an available spill kit is available to contain release from these tanks. Tank #10 is located on the flatbed trailer next to the heat exchanger, and spill or release would be contained in the immediate area with available absorbents and equipment. A release of used oil will be contained in the immediate area using available absorbent material. At the product loading and unloading areas: The fuel/asphalt/oil loading/unloading areas at this facility are provided with spill kits to contain any oil/asphalt/fuel spills in these areas. 3.6 Practicability of Secondary Containment (40 C F R 112.7(d)) Simon management has determined that additional secondary containment is not required at this facility. 3.7 Inspections, Tests, and Records (40 CFR 112.7(e)) As required by the SPCC rule, Simon personnel perform the inspections, tests and evaluations listed in the following table. Table 3-2 summarizes the various types of inspections and tests performed at this facility. The inspection and tests are described later in this section and in the respective sections that describe different parts of the facility (e.g., Section 4.2 ,6 for bulk storage containers). Table 3.2 Inspection and Testing Program Facility Component Action `_ ' Frequency/Circumstances All Tanks/ToteInspect deterioration outside of and tank discharges. for signs of Regular whenever monthly material and annual repairs schedule are made. and Tank Formal certified internal tank inspection inspector. by a Twenty years after material -- repairs installation are or whenever made. 12 Tn--ughway Plant #3:SPCC Container and supports foundation Inspect container's supports and foundations. Pollotnrin whenever regular material monthly repairs schedule are made. and Liquid level devices sensing Test for proper operation. Monthly Liquid level sensing Calibration Annually y High Level Alarm Certify the proper functioning Annually , all Lowermost outlets of drain tank and truck Visually inspect. Prior to Departure All valves, appurtenances aboveground piping and Assess valves, product general gauges, tank, condition supports, and fittings, piping. of hoses, items, foundations, such gaskets as Monthly Any Tank existing -new or Into rit and leak testing At construction, the time of installation, relocation, modification, or replacement. Monthly 3.7.1 Monthly Inspections The checklist provided in Appendix D is use for monthly inspections by Simon personnel. o Observing the exterior of aboveground storage tanks, pipes and other equipment for signs of deterioration, leaks, corrosion, and thinning. a Observing the exterior of portable containers for signs of deterioration or leaks. Li Observing tank foundations and supports for signs of instability or excessive settlement. Observing the tank fill and discharge pipes for signs of poor connection that could cause a discharge, and tank vent for obstructions and proper operation a Verifying the proper functioning of overfill prevention systems. a Checking the inventory of discharge response equipment and restocking as needed. All problems regarding tanks, piping, containment, or response equipment must immediately be reported to Mr. Josh Corr. Visible oil leaks from tank walls, piping, or other components must be repaired as soon as possible to prevent a larger spill or a discharge to navigable waters. Written monthly inspection records are signed by Josh Corr or his designee and maintained with this SPCC Plan for a period of three years. 3.7.2 Semi -Annual Inspections This semi-annual inspection is to update and make administrative changes to the SPCC plan and to determine if the SPCC plan requires updating because of physical changes made at this facility. 3.7.3 Annual Inspections Facility personnel perform a more thorough inspection of facility equipment on an annual basis. This annual inspection complements the monthly inspection described above and is performed each year using the checklist provided in Appendix D of this Plan. 3.7.4 Periodic Integrity Testing In addition to the above monthly and annual inspection by facility personnel, Tank #1 is periodically evaluated by an outside certified tank inspector following the Steel Tank Institute (TI) Standard for the Inspection of Aboveground Storage Tanks, P -0D1, 2006 Version, as described in Section 4.2.6 of this Plan. 13 Simon -Highway Plant #3:SPCC December 13, 2017 3.8 Personnel, Training, and Discharge Prevention Procedures (40 CFR 112.7(f)) The Plant Foreman for Simon is the facility designee and is responsible for oil discharge prevention, control and response preparedness activities at this facility. The Plant Foreman for Simon or environmental professional will instruct oil -handling facility personnel in the operation and maintenance of oil pollution prevention equipment, discharge procedure protocols, applicable pollution control laws, rules and regulations, general facility operations, and the content of this SPCC Plan. These annual briefings are aimed at ensuring continued understanding and adherence to the discharge prevention procedures presently in the SPCC Plan. The briefings also highlight and describe known discharge events or failures, malfunctioning components, and recently implemented precautionary measures and best practices. Facility operators and other personnel will have the opportunity during the briefings to share recommendations concerning health, safety and environmental issues encountered during facility operations. The simulation of an on -site vehicular discharge will be part of future training exercises that will be periodically held to prepare for possible discharge responses. Any new facility personnel with oil -handling responsibilities must be provided with this same training prior to being involved in any oil operations. Records of the briefing and discharge prevention training are kept on the form shown in Appendix E and maintained with this SPCC Plan for a period of three years. 3.9 Site Security (40 CFR 1'12,1(g)) Normal working hours at this facility are 7:00 AM to 6:00 PM Monday through Saturday. People having business at this facility must enter this facility through the main entrance and pass by the control building where unauthorized personnel will be stopped and prohibited from entering the production area. This site is always occupied during hours of operation. Television monitors will be provided at this site. Motion activated yard lighting illuminates the AST areas and is adequate to detect spills during nighttime hours and prevent vandalism. Fence: A security fence and lockable gates will be provided for this facility. Spill Control Equipment: Spill Control equipment on -site includes bulk absorbent materials, shovels, absorbent socks, and pads. 3.10 Tanker Unloading Requirements (40 CER 112.7(h)) The potential for discharges during tanker unloading operations is of particular concern at this facility. Simon management is committed to ensuring the safe transfer of material from storage tanks, that transfer occurs inside the tank containment areas. The following measures are implemented to prevent oil discharges during tank truck unloading operations. 3.10.1 Unloading Procedures (40 CFR 112.7(h)(2) and (3)) All suppliers must meet the minimum requirements and regulations for tanker unloading established by the U.S. Department of Transportation. Simon facility personnel ensure that the vendor understands the site layout, knows the protocol for entering the facility and unloading product, and has the necessary equipment to respond to a discharge from the vehicle or oil delivery hose. The Plant Foreman or his designee supervises oil deliveries for all new suppliers, and periodically observes deliveries for existing approved suppliers. The truck driver will remain with the vehicle at all times while oil is being transferred. Transfer operations are performed according to the minimum procedures outlined in Table 3-3. 14 Simon -Highway Plant #3•SPCC December 13, 2017 Table -4: A ph lt,FuellOil Transfer Procedures -.- .• ti • • - -.._ - .. .• ---e. :.. • 1 -t• - ... :.. - .- -. •' , .. '- _ _ 9'. .•1 _ .tip• 1'iZtJrT;:. 1 P.• - '-._.._ ,.•�1--fit.. • tit -1 •. • • 4 -" - ! Prior :=- Unloading L 1 - •::::.:•:i_...:?..-.:-._,..„.....:. _ 5: .. 4 '• •1•-". •:t:4' ``- ........... ..-_::.•: :1 .' l :.:: - _.: .;. L :':' 'S . '1 M1 \ . to °:•:=-'-• = : - Li Visually Verify Lock Secure Ensure Verify Establish in that off proper check the the that cell adequate sufficient tank closed the phone. alignment all vehicle's vehicle hoses position volume bonding/grounding of for with parking leaks all valves (ullage) drainage wheel and brakes and chocks wet is proper available valve prior are spots and to of set. functioning connecting the interlocks. in the storage secondary of to the the tank containment pumping oil or transfer truck. system. structure point. ❑ Li ❑ ❑ • ❑ Turn ❑ 'L \ _ - \ L *.-- :.?.ti During ' Unloading • t. , i_L- .-L".1..•11 f :° :`� ` 5 -` ` i �� :.L-:.' - - � • '':LL :-°_- - =- -~= • `� -,} •- •a• _- ` ° \ LL •: ...'t- • - ',•L t',• :;::.:_ ` °= 1� Li ci ci ❑ LiMonitor Driver process. Periodically When operate Maintain Monitor When must transfer the flow topping a communication pump. stay inspect liquid meters Class off outside level the all 3 to systems, in determine tank, materials, within with the receiving reduce the view hoses shut pumping the flow of rate off the and the tank rate of filling connections. and to flow. to vehicle nozzle receivingstations. prevent prevent during engine overflow. overflow. unless the entire it unloading is used to ❑ cr `�••-•;:n. �==::aa.°: ti;:t-::-�::-ti_: "''=,•:_:_:: :•-f. _ • • •..• _.: After---'1.'---LiMake Unloading :_ .. _: i s .-. L..•= :::_:_.:_,__ _-_::-_'-:-. i•::.-:..--..-•-,-__::; ._:.:_ -t'_..;'�:.; ::;..t..: . -�:�ti-`=�:= L --::••:::: ` :: =ti -• 11 �!!••- -. _ti:. ° •: _::•° : t ❑ Make Close Securely disconnecting Secure Disconnect away Cap uncontrolled Remove Inspect necessary, leaking the sure sure from all all the while tank close end wheel the hatches. the the lowermost tighten, grounding/bonding of leakage. in transfer and all hoses connection. the chocks transit. loading vehicle hose adjust, are drain operation and and internal, drained valves or Use interlocks. and other replace wires. is a all before to completed. external drip connecting outlets remove caps, pan. disconnecting. and the on valves, devices tank dome remaining cover truck or other before prior valves oil equipment before to moving departure. before moving them to prevent them to If prevent oil ❑ ci u ❑ El ❑ ❑ 3.10.2 Secondary Containment t40 CFR 112.7(h)(1)) Non-structural secondary containment for the tank truck unloading operations near Tanks #1410 is considered adequate with the detention ponds along the southern border to contain any spills while unloading oil/fuel. Available spill kits (bulk absorbent materials, shovels, absorbent socks, and pads) will be used to block and contain the flow and contain any fuel spill at these loading/unloading areas. 3.11 Brittle Fracture Evaluation (40 CFR 112.7(i)) There are no field -constructed tanks at this facility. 3.12 Conformance with State and Local Applicable Requirements (40 CFR 112.7(j)) Tank #1 is registered with the State of Colorado's Oil Inspection Section and has current certificates of registration. Tanks #1410 and the used oil tote are inspected on a monthly basis for potential problems that would results in a leak or spill of petroleum products. 15 Part 4: Discharge Prevention -SPCC Provisions for Onshore Facilities 4.1 Facility Drainage (40 CFR 112.8(b)) The fuelloil storage tanks at this facility all drain toward the south and the detention ponds along the southern border. Any large spill that could not be contained in the immediate area of the spill would flow toward the detention ponds and be contained. 4.2 Bulk Storage Containers (40 CFR 1'12.8(c)) Table 4-1 summarizes the construction, volume and content of bulk storage containers at this Simon facility. Table 4-1: List of Asphalt/Fuel/Oil Containers Tank '.�_ 1 ;_ a ''}•'y}. s ::; 11 :tijl*.::"!::*:;!;:.":.17;.:::1” '1r.. -- : S•• } Location �.�. r '- rIIR rr l)� L:Frt " 11 a S2 .y _ 1Type (Construction Standard) u Capacity (gallons) %� a I�r 1Y11 -1--e‘-- ., l �', ., _ - -. --... ? tti ' Contents k & �1 Ytti._ cc : . i .. .' ' '"S•.-!L�. } �- - - ` ■ 1 Discharge ;j. 1 �`,:r _ x., --r- ...t•�^1'_ ontainment }� % s �� Prevention . :•4: 1 _z7.� 5 1 1. & - ,h ; .e-'-i- `a 11.Y ' r1 •i ` €- ; ::....::::::•1'/ �•1" .n_. Production Asphalt#1 Area AST (UL Horizontal 142) 10,000 Fuel a Double -Wall Construction Pall #2Asphalt Production Asphalt Area Cement Solidification High Viscosity Temperature & Low Insulated Metal #330, Production Asphalt Area AST insulated Horizontal Metal # AsphaltHigh Solidification Viscosity Temperature & Low Production Asphalt Area AST Insulated Horizontal Metal r 000 As pSolidification bait Cement High Viscosity Temperature Low Heat Transfer Unit AST Horizontal Heat Fluid Transfer Heat Outer Wall Transfer of Unit Heat Unit Transfer Heat Fluid Transfer Heat Outer Transfer Wall of Unit r Production Asphalt L + Insulated AST Horizontal Metal 000 ' High Viscosity r Temperature & Low ' Oil #8 Equipment Trailer AST (API Horizontal 650) 275 10W Motor Oil Flat and Equipment Available Trailer Spill Floor Kit ■ ` Equipment 275Trailer Oil y Equipment and Available Trailer (API 650) r Production Asphalt 1#10 _ a AST Metal ular 900 ed Diesel _ Available Spill Kit #11 Asphalt Production Area Plastic Tote 270 Used Oil Available Spill Kit 4.2.1 Construction (40 CFR 112.8(c)(1)) Aboveground storage tanks at this facility are constructed of steel in accordance with industry specifications as described above. The design and construction of these bulk storage containers is compatible with the characteristics of the oil products they contain and with temperature and pressure conditions. 16 4.2.2 Secondary Containment (40 CFR 112.8(02)) Double -Wall Tank Construction: Tank #1, has a double -wall construction a secondary shell designed to contain 110 percent of the inner shell capacity. Detention Pond: There is a 4' soil berm along the eastern portion of the southern border of this site and along the southern portion of the western border. Two detention ponds are planned to be installed along the southern border that will provide containment for any fuel release at the plant. A release of diesel fuel would most likely occur when filling the tank or when fueling equipment, that release would flow to the south with average slope at this site would be 2.03%. Available absorbent material will be used to contain the release in the area of the fuel tank. Should a large occur that could not be contained in the immediate area, the release would flow to the south toward the detention ponds along the southern border. That soil in this area of Weld County is considered a loam with moderated permeability of 2"-6" per hour which would allow enough time for employees with equipment to contain the spill. Bulk Storage Containers: Tanks #2, #3, #4 &#7 because of the high viscosity and low solidification temperature for asphalt cement and tack oil a spill/release of this product would remain in the immediate area. The construction of the heat exchangers provides secondary containment for the heat transfer oil used in Tank #5 & #6. Tanks #8 & #9 are located in the equipment trailer that provides some secondary containment; an available spill kit is available to contain release from these tanks. Tank #10 is located on the flatbed trailer next to the heat exchanger, and spill or release would be contained in the immediate area with available absorbents and equipment. A release of used oil will be contained in the immediate area using available absorbent material. At the product loading and unloading areas: The fuel/asphalt/oil loading/unloading areas at this facility are provided with spill kits to contain any oil/asphalt/fuel spills in these areas. 4.2.3 Drainage of Diked Areas (40 CFR 112.8(e)()) If any stormwater accumulates in the detention ponds, they will be drained under direct supervision of facility management. The accumulated water is observed for signs of oil prior to draining; any oil sheen is removed prior to draining any accumulated precipitation. Containment drainage events are recorded on the form included in Appendix K of this Plan; records are maintained at the facility for at least three years. 4.2.4 Corrosion Protection (40 CFR 172.8(c)(4)) Corrosion protection was not provided for these ASTs. 4.2,5 Partially Buried and Bunkered Storage Tanks (40 CFR 112.8(c)(5)) All facility AST's are aboveground storage tanks and none are partially buried. 4.2.6 Inspections and Tests (40 CFR 112.8(c)(6)) Visual inspections of these ASTs by facility personnel are performed according to the procedure described in this SPCC Plan. Records of inspections and test are signed by the inspector and kept at the facility for at least three years. 4l _ s _ Its ee# one '+es# :�_ _- -s t .1 J• =•t- -_ L ▪ .• tl s-- x :re1 r . ti•p Ter l #1410 and To#+a L :':.is 1�-. •: n•I::.:-:v t •,•1 :•I t-: +L:.�L: 1t Li •-4-: lam• r :.....'•fir 4- :..a•_ • Visual inspection by Facility Personnel Monthly Annually External Inspection by Certified Tank Inspector (per STI P-001) Required for Tank #1, twenty years after installation or whenever material repairs are made. 17 Simon -Highway Plant #3:SPCC December 13, 2017 . 4.2.7 Heating Coils (40 CFR 112.8(c)(7)) Heating coils are used to elevate the temperature of the asphalt cement prior to the asphalt production process and they are employed on Tanks #2, #3 & #4. 4.2.8 Overfill Prevention Systems (40 CFR 112.13(c)(8)) Tank #1 has a Morrison Brothers fuel gauge that reads in feet and inches that allows personnel to determine the amount of fuel in the tank. The asphalt level in Tanks #2, #3 & #4 is determined physically by using a biodegradable graduated wooden rod. Tanks #8 & #9 have pop-up oil level gauges that read in 1/8 tank capacity increments. Tanks #5 & #6 have external clear tubes where the oil level can be visually determined. The oil and fuel levels in Tanks #7 & #10 is determined physically by using a biodegradable graduated wooden rod. The used oil level in Tank #11 can be seen through the plastic tank walls. 4.2.9 Effluent Treatment Facilities (40 CFR 112.13(c)(9)) This site has no effluent treatment facilities, stormwater runoff is exclusively surface runoff from the buildings, dirt roadways and production areas. 4.2.10 Visible Discharges (40 CFR 112.8(c)(1O)) Visible discharges from any container or appurtenance - including seams, gasket, piping, pumps, valves, rivets, and bolts - are quickly corrected upon discovery. 4.2.11 Mobile and Portable Containers (40 CFR 112.8(c)(1'F)) There are no mobile containers at this facility except for the 270 -gallon used oil tote. 4.3 Transfer Operations, Pumping, and In -Plant Processes (40 CFR 112.8(d)) Fuel/asphalt/oil transfer operations at this facility include: the transfer of fuel, and asphalt products from tank trucks and tankers to aboveground storage tanks and the loading of asphalt products. Lines that are not in service or are on standby for an extended period of time are capped or blank -flanged and marked as to their origin. All pipe supports are designed to minimize abrasion and corrosion and to allow for expansion and contraction. Pipe supports are visually inspected during the monthly inspection of the facility. All aboveground piping, hoses and valves are examined monthly to assess their condition. Inspection includes aboveground valves, hoses, piping, appurtenances, expansion joints, valve glands and bodies, catch pans, pipeline supports, locking of valves, and metal surfaces. Observations are noted on the monthly inspection checklist provided in this Plan. Warning signs are posted at appropriate locations throughout the facility to prevent vehicles from damaging aboveground piping and appurtenances. Part 5: Discharge Response This section describes the response and cleanup procedures in the event of an oil discharge. The uncontrolled discharge of oil to groundwater, surface water, or soil is prohibited by state and federal laws. immediate action must be taken to control, contain, and recover discharged product. For the purpose of establishing appropriate response procedures, this SPCC Plan classifies discharges as either "minor" or "major," depending on the volume and characteristics of the material released. In general, the following steps are taken: Eliminate potential spark sources; If possible and safe to do so, identify and shut down source of the discharge to stop the flow; Contain the discharge with absorbents, berms, fences, trenches, sandbags, or other material; Contact Josh Corr; 18 Simon -Highway Plant #3:SPCC December 13, 2017 Contact regulatory authorities and the response organization; and Collect and dispose of recovered products according to regulation. A list of Emergency Contacts is provided in Appendix H. The list is also posted at prominent locations throughout the facility. A list of discharge response material kept at the facility is included in Appendix J. 5.1 Response to a Minor Discharge A "minor" discharge is defined as one that poses no significant harm (or threat) to human health and safety or to the environment. Spills which are minor in nature (less than 25 gallons), and have not reached water and can be cleaned up quickly are termed "housekeeping problems" and need not be reported but must be cleaned up immediately. Minor discharges are generally those where: The quantity of product discharged is small (e.g., involves less than 25 gallons of oil); Discharged material is easily stopped and controlled at the time of the discharge; Discharge is localized near the source; Discharged material is not likely to reach water; There is little risk to human health or safety; and There is little risk of fire or explosion. Minor discharges can usually be cleaned up by Simon personnel. Please refer to the particular product's material safety data sheet for proper clean up procedures. The following guidelines apply: Immediately notify the Plant Foreman. Under the direction of the Plant Foreman, contain the discharge with spill response materials and equipment. Place discharge debris in properly labeled waste containers. The Plant Foreman will complete the discharge notification form (Appendix I) and attach a copy to this SPCC Plan. 5.2 Response to a Major Discharge A "major" discharge is defined as one that cannot be safely controlled or cleaned up by facility personnel, such as when: The discharge is large enough to spread beyond the immediate discharge area; The discharged material enters water; The discharge requires special equipment or training to clean up; The discharged material poses a hazard to human health or safety; or There is a danger of fire or explosion. In the event of a major discharge of greater than 25 gallons of oil products or a spill of less than 25 -gallon of oil products that cannot be contained and cleaned up in less than 24 hours, notify the Plant Foreman, he will notify the State Inspector of Oils Office (303-318-8547), in either case. The following guidelines apply: • Personnel will take immediate action to prevent any further release of the oil into the environment; identify and mitigate fire, explosion and vapor hazards. • Mobilize men and equipment as necessary to contain the spill in as small an area as possible using absorbent material. Absorbent materials and equipment are located next to the AST. • The cause of the spill or leak should be corrected, as soon as possible. • Spilled oil should be reclaimed or recycled by a salvage contractor, if possible. • All spill residues should be removed and disposed of properly. • If the spill is of a magnitude where it cannot be contained by the existing manpower, materials and equipment on -site, the local Fire Department should be notified at 911 and requested to respond to the scene. 19 Simon -Highway Plant #3:SPCC December 13, 2017 • It is extremely important to provide the Fire Communication Center with sufficient details of the spill location, approximate amount of oil spilled and whether fire is involved. If Mr. Josh Corr is not available at the time of the discharge, contact the most senior management person available as soon as possible, who will assume responsibility for coordinating response activities. 5.3 Waste Disposal Wastes resulting from a minor discharge response will be containerized in impervious bags, drums, or buckets. Mr. Josh Corr will characterize the waste for proper disposal and ensure that it is removed from the facility by a licensed waste hauler within two weeks. Wastes resulting from a major discharge response will be removed and disposed of by a cleanup contractor. 5.4 Discharge Notification Any size discharge (i.e., one that creates a sheen, emulsion, or sludge) that affects or threatens to affect navigable waters or adjoining shorelines must be reported immediately to the National Response Center (1- 800-424-8802). The Center is staffed 24 hours a day. A summary sheet is included in Appendix I to facilitate reporting. The person reporting the discharge must provide the following information: o Name, location, organization, and telephone number © Name and address of the party responsible for the incident a Date and time of the incident ❑ Location of the incident ❑ Source and cause of the release or discharge ❑ Types of material(s) released or discharged ❑ Quantity of materials released or discharged Danger or threat posed by the release or discharge ❑ Number and types of injuries (if any) o Media affected or threatened by the discharge (i.e., water, land, air) o Weather conditions at the incident location o Any other information that may help emergency personnel respond to the incident contact information for reporting a discharge to the appropriate authorities is listed in Appendix H and is also posted in prominent locations throughout the facility (e.g., to the scale house building, and at the oil unloading and asphalt loading areas). In addition to the above reporting, 40 CFR 112.4 requires that information be submitted to the United States Environmental Protection Agency (EPA) Regional Administrator and Colorado's Oil Inspection Section (see contact information in Appendix H) whenever the facility discharges (as defined in 40 CFR 112.1(b)) more than 1,000 gallons of oil in a single event, or discharges (as defined in 40 CFR 112.1(b)) more than 42 gallons of oil in each of two discharge incidents within a 12 -month period. The following information must be submitted to the EPA Regional Administrator and to Colorado's Oil Inspection Section within 60 days: Name of the facility; Name of the Owner/Operator; Location of the facility; Maximum storage or handling capacity and normal daily throughput; Corrective action and countermeasures taken, including a description of equipment repairs and replacements; Description of facility, including maps, flow diagrams, and topographical maps; Cause of the discharge(s) to navigable waters and adjoining shorelines, including a failure analysis of the system and subsystem in which the failure occurred; Additional preventive measures taken or contemplated to minimize possibility of recurrence; And other pertinent information requested by the Regional Administrator. 20 Simon -Highway Plant #3:SPCC December 13, 2017 A standard report for submitting the information to the EPA Regional Administrator and to Colorado's Oil Inspection Section is included in Appendix I of this Plan. 5.5 Cleanup company and Equipment Suppliers Contact information for specialized spill response and cleanup company are provided in Appendix H and below. Simon has the necessary equipment to respond to a discharge of oil that affects the Larimer County Canal. Cleanup Contractor: Simon a (307) 632-7900 Spill kits are stored in the equipment trailer. The inventory of response supplies and equipment is provided in Appendix J of this Plan. The inventory is verified on a monthly basis. Additional supplies and equipment may be ordered from the following sources: Equipment Supplier: New Pig Corp. @ (8Q0) 468-4647 APPENDIX 21 North am-- Spill Prevention, Control and Countermeasure Plan GV Gate Valve BV Ball Valve FV Fire Valve SV Solenoid Valve FE Fire Extinguisher oti cr,a g O S S Pump Emergency Vent Normal Vent Fill Level Gauge High Level Alarm Tank #7 lase Oil 270 Gals. q Tank #4 7,000 gals. Asphalt Cement Tank #3 30,000 gals. Asphalt Cement 3 * olCa CO Lo TTO Tank #2 30,000 gals. Asphalt Cement co Wit Hail • Tank #10 900 gals. Dyed Diesel O Interstitial O Tank #1 10,000 gals. Dyed Diesel 00 • SV B'V Spill Bucket her St) y:stisr Disp. rd. to Fw o Cv S Equipment Trailer Simon -Highway Plant #3 8416 Weld County Road 80.5 l\ilndsor, Colorado SITE MAP Environmental Solutions Date: 12/15/17 Highway Plant #3, 8416 Weld County Road, Windsor, Colorado 0 CFA -56 _r,hz l • i R-8 E Vine- Dr I Timnath Resetvoir I -1401 pmnath I6 136 L1 3 s a I 1j I I i 3 [1-31 4 I ems 1N.. N 13j to r ! t1 U 19 -184? _ Cu IX C z 0, 0 82 _ *SITE tar {itsCSZ) 4, : ,, LII 13 0 74 1 i 605 257f rtdiorr Black Hollow Reservoir co c 1l Er 19L. C CR-78 New Windsor Reservoir 01 11-16_5 0 CR-88 04 it tt } re w Severance mi 1 2 Ne. Copyright® and (P) 1968-2010 Microsoft Corporation andlor its suppliers. NI rights reserved. http://ww nicrosoitcornfslreetsl Certain mapping and direction data © 2010 NAVTEQ. All rights resented. The Data for areas of Canada includes information taken will permission from Canadian authorities, induding:© Her Majesty the Queen in Right of Canada, 4 Queen's Printer *x Ontario. P4AVFEQ and telAVTEQ ON BOARD are trademarks of NM -M.02010 Tele Atlas NorthArnsrica, Inc.All rights reserved. Tele Atlas and Tele Alias North America we trademarks of TeleAilas, Ira © 2010 by}Iieri Geographic Systems. All rights reserved. 104°56.000' W TOED! map printed on 12/13/17 from "COLORADO.tpo" and "Untit!ed.tpcg" 104°55.000` W 104°54,0O0'W WGS$4 104O53.000r W C 0 tG cri O ID 2 0 t'1 (' O 0 TN N I( 104°56.000' W 9° 0 Lt' ' - O :] f4" 104°55.00 0 W iti' .4, r ti • 4C .1 14 =. te I 6 WGSB4 104°53.000' \AI 104°54.000' W 0 ,--4 - .5 MILE 0 1004 FEET O * 0 METERS Map created with TOPOM e2002 National Oe raphic (wsvx.natianaig raphic.convtopo) et J sin • p z C) 0 0 C'7 a 0 z o 0 M I 0 C z Q 0 0 0 2 d (i`ii (r) O C 40°34.000' r e '� _--_ i' r • , r; • t r • • 1 Simon -Highway Plant #3:SPCC December 1372017 Appendix B: CERTIFICATION OF THE APPLICABILITY OF THE SUBSTANTIAL HARM CRITERIA CHECKLIST SIMON-HIGHWAY PLANT#3 8416 WELD COUNTY ROAD 80.5 WINDSOR, COLORADO 80550 I. Does the facility transfer oil over water to or from vessels and does the facility have a total oil storage capacity greater than or equal to 42,000 gallons? Yes No X 2. Does the facility have a total oil storage capacity greater than or equal to I million gallons and does the facility lack secondary containment that is sufficiently large to contain the capacity of the largest aboveground oil storage tank plus sufficient freeboard to allow for precipitation within any aboveground oil storage tank area? Yes No X 3. Does the facility have a total oil storage capacity greater than or equal to I million gallons and is the facility located at a distance such that a discharge from the facility could cause injury to fish and wildlife and sensitive environments? Yes No 4. Does the facility have a total oil storage capacity greater than or equal to I million gallons and is the facility located at a distance such that a discharge from the facility would shut down a public drinking water intake? Yes No X 5. Does the facility have a total oil storage capacity greater than or equal to I million gallons and has the facility experienced a reportable oil spill in an amount greater than or equal to 10,000 gallons within the last 5 years? Yes No X CERTIFICATION I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document, and that based on my inquiry of those individuals responsible for obtaining this information I believe that the submitted information is true, accurate, and complete. Printed Name Signature Date 22 Simon -Highway Plant #3:SPCC December 13, 2017 Appendix C: Semi -Annual Inspection Checklists What changes, if any, have a taken place since the last semi-annual inspection: Addition or removal of containers. Yes: No: Reconstruction, replacement, or installation of piping systems. Yes: No: changes in facility design, construction, operation, or maintenance that materially affects the facility's spill potential. Yes: No: changes of product or service, revisions to standard operations, modification of testing/inspection procedures, and use of new or modified industry standards or maintenance procedures. Yes: No: More effective prevention and control technology is available, if: (1) such technology will significantly reduce the likelihood of a spill event from this facility, and (2) if such technology has been field -proven at the time of review. Yes: No: If any of the above questions are marked yes, these changes are considered technical amendments and your Plan must be updated to reflect these changes, and the updates must be certified by a PE. Simon management must make the needed revision to the SPCC Plan as soon as possible, but no later than six months after the change occurs. The plan must be implemented as soon as possible following any technical amendment, but no later than six months from the date of the amendment. Non -technical amendments can be recorded (and must be documented on Page 7) by Josh Corr or his designee. Non -technical amendments do not require the Plan to be updated; they include the following; • change in the name or contact information of individuals responsible for the implementation of this plan, or • change in the name or contact information of spill response or cleanup company. 23 Colorado Department of Labor and Employment Phone: 303-318.8525 2�,� / `nTh+ # .it`. r : it( .0 +:mss. , 5,'-'' Division 63317th Denver, of OH Street, CO 80202-3610 and Suite Public 500 Safety - Compliance Section Fax: 303-318-8518 Email: cdle_oil_inspe�ori@state.ra.us Web: www.colorado.gov/ops AST Months Visual (Revised Inspection 11/2013) CheckUst PS Facility ID#: Facility Name: Highway Plant #3 Inspection Date: treet Address: 8416 Weld County Road 80.5 Cityr: Windsor ZIP: 80550 # of Tanks Inspected: I 11 Tank los:f Any item marked "No" requires additional information to describe the condition and date the condition is corrected. ITEM I STATUS I COMMENTS I DATE CORRECTED _ ... Primary Tank and Piping r� 1 Is leaks? Note; tank exterior (roof, rl +rj�(j}� I1 "I !o", identifytan shell, }.�\rj� ends, and connections, describe fittings, J� leak leak valves, etc.) free of visible - No 2 Is leaks? Note: aboveground If "No", identify piping (valves, location fittings, and describe connections, leak pumps, etc.) free of visible ❑Yes No Are damage? ladders/platforms/walkway secure with no sign of severe corrosion or3 ❑ No In NIA Are etc.)? all tank openings properly sealed (capped, plugged, covered, blind flanged, rives Na❑ 5 Is the tank liquid level gauge readable and in good working condition? ❑Yes . No ON/A 6 Is alarm, Note: overfill etc.)? Verify prevention operation equipment of audible in good alarms. working condition (overfill valve, audible flies MI No ❑N A Is the working spill condition? container (spill bucket) empty, free of visible leaks and in good Oyes II Na E N/A 8 is the primary tank free of water? ❑Yes ❑No Is the visible area signs around of leakage? the tank (concrete surfaces, ground, containment, etc.) free of Elves lg No i0 Is the Note: cathodic Inspection protection system in required every 60 days operating condition only. and functional? ❑ lies No NSA 11 Rectifier Volts: reading Amps: ❑ Yes No N/A Are Note: these Inspection readings within manufacturer required every 60 days specifications? only. Double -Wall Tank 12 For double -wall tanks, is interstice free of liquid? . Yes DNO ❑NIA 13 For condition? double -wall tanks, is interstitial monitoring equipment in good working il Yes DNO ❑NSA Containment (Diking/Impounding) 1 ` Is the drums/barrels? containment free of liquid, debris, combustible materials, and empty or full Yes i❑No II N/A 15 Are dike drain valves closed and in good working condition? iiYes No FIN/A 16 Are containment egress pathways clear and any gates/doors operable? 1 Yes No II NIA ----.____-- Other Conditions Is the system free of any other conditions needing to be addressed for ,1, Yes Q No continued safe operation or that may affect the site SPCC Plan? Ins P ector Information Printed Name: Signature: Date: i I ti•ti H'•Y P'•i.1• Jn�4n•-...,' ha •••• hk'PS•••4 Y.1 Colorado Division of Oil and Public Safety ^�.cr_ or.gc•w/o►us f# �1 1T: r Z-7:*t ; , . i . !'_'#f «y Colorado Division 63317* Denver, of Street, CO Department Oil 80202-3610 and Public Suite 500 of Labor Safety- and Compliance Employment Section Phone: Fax: Email: Web: 303-3184518 303-318-8525 Idle wvvw.colorado.goviops +ail inspection@stateecoms AST Annual Visual (Revised Inspection 11/2013) PS Facility ID #: Inspection Date: Facility Name: Highway Plant #3 Street Address: 8416 Weld County Road 80.5 -.city: Windsor !zhF': 80 550 # of Tanks Inspected: 11 Tank ID Numbers: Any item marked "No" requires additional information to describe the condition and date the condition is corrected. - ITEM 1 STATUS COMMENTS / DATE CORRECTED Containment 1 Is (diking, dikin the containment impounding,double-wall structure in satisfactory tan etc.)? condition ❑ Yes ❑ No Are the drainage for continued pipes/valves service? in good working Elves ■ No ❑NSAcondition Tank Foundation/Supports 3 Free of tank settlement or foundation washout? flYes ■ No 4 Concrete pad or ring wall free of cracking or spoiling? E E ■ iII• 5 Tank supports in satisfactory condition? I■ - ■ 6 Is water able to drain away from tank? ■ - ■ g4 Is foundation/supports the grounding strap in between good the condition? tank and DYes ❑ o EN/A Cathodic Protection Are cathodic and functional? protection system in operating condition ❑Yes EJNo N/A Rectifier Volts: reading Amps: I ri ]Yes ❑ NoN1�A► ❑ � Are specifications? these readings within manufacturer Tank External Coating 10 ;Free of visible signs of paint failure? Yes IlNo Tank Shell I Heads 11 Free denting, of noticeable or bulging? shell/head distortions, buckling, g' _ -- - - ill Yes . No 1 Free cra+king? of visible signs of shell/head corrosion or UYes ■ No Tank Manwayst Piping, and Equipment Flanged no si n g connection of wear bolts or corrosion? tight and fully engaged with ❑1 YesElwo ❑ N/A Tank Roof 14 Free of standing water on roof? itlYes ElNo 5i Free peeling, of visible or� blisterin signs of coating cracking, crazing, g ? ❑ lies ❑ l lv 16 Free of holes? jDvesI 1No Colorado Division of Oil and Public Safety AST Annual Visual Inspection Form Page 1 of 2 ITEM I STATUS 1 COMMENTS/DATE CORRECTED Venting 17 .Yes . No Normal and emergency vents free of obstructions? Normal pressure/vacuum vent on tanks vent storing cap? gasoline equipped with18 Yes [jNo ill N/A 1 9 Is the functional, emergency and vent tested in good as required working by condition manufacturer? and a Yes DNa Insulated Tanks 20 Free of missing insulation? ❑Yes NI No El N/A 21 Insulation free of noticeable areas of moisture? MYes No El WA 22 Insulation free of mold? ❑Yes No 11 N/A 23 Insulation free of visible signs of damage? IllYes ❑ to . N/A 24 Insulation intrusion? adequately protected from water ill Yes [iwo N/A Level and Overfill Prevention Equipment Electronic proper operation? or mechanical liquid level gauge tested for Ism25 mi YesLiwo N/A b 2theprevious Electronic during or mechanical 12 months? liquid level gauge calibrated as Yes ❑I € ❑N IA 27 is overfill condition? prevention equipment in good working Verified Inspection Operational? Repair by: Date: Yes Date: Dyes LINo Ill N/A ❑ Overfill Valve ❑ Audible Alarm . Both O No Is tank before ullage fillip being the tank?DYeS determined and documented28 ❑ o ❑ NSA Electrical Equipment 29 Is condition? tank/equipment grounding adequate and in good In ElNo Is electrical hig h volts g.g wiring e equipment for control in ood boxes30, lights, condition?© and other YesEINo N/A Tank 1 Piping Release Detection 31 I Is documented inventory control as required? being performed and lves❑ Na N/A Is release detection being and performed No N/A documented on underground g piping l�R g as required?flves Additional Comments Inspector Information Printed Name: Signature: Date: Colorado Division of Oil and Public Safety AST Annual Visual Inspection Form Page 2 of 2 Simon -Highway Plant #3:SPCC December 13, 2017 Appendix E: DISCHARGE PREVENTION BRIEFINGS AND TRAINING 40 CFR 112.7(f) The following employees have been trained in spill prevention for this Simon facility located at 8416 Weld County Road 80.5, Windsor, Colorado. By signing this training form, the employee does acknowledge that he/she is thoroughly familiar with proper spill prevention and emergency procedures, relevant to his/her responsibilities during normal facility operations and emergencies. Training topics include: (1) the operation and maintenance of equipment to prevent discharges, (2) discharge procedure protocols, (3) applicable pollution control laws, rules and regulations, (4) general facility operation and (5) the contents of Spill Prevention Control and Countermeasure Plan Name (Printed) Name (Signature) Date of Training Trainer: 24 Simon -Highway Plant #3:SPCC December 13, 2017 Appendix F: Calculation of Secondary Containment Capacity Containment Provided by the Detention Ponds is Not Known at this time. 25 I Simon -Highway Plant #3:SPCC December 13, 2017 Appendix G: Records of Tank Integrity and Pressure Tests Attach copies of official records of tank integrity and pressure tests. Simon -Highway Plant #3:SPCC December 13, 2017 Appendix H: Emergency Contacts Emergency Contacts t40 CFR 112.7(a)(3)) National Response Center Colorado Oil Inspection Section Cleanup Contractor: Simon Windsor -Severance Fire Rescue Mr. Josh Corr 1-800-424-8802 (303) 318-8547 (307) 635-9005 911 (303) 530-4531 Equipment Supplier: New Pig Corp. (800) 468-4647 27 Simon -Highway Plant #3:SPCC December 13, 2017 Appendix I: Oil Spill Discharge Report Form (40 CFR 112.7 (a)(4)) Simon -Highway Plant #3 8416 Weld County Road 80.5 Windsor, Colorado 80550 Report Spill to (303) 318-8547 Person submitting report: Describe Oil Spill: Date: Time: Type of Material: Estimate of Total Quantity Discharged: Source of Discharge: Cause of Discharge: Location of Discharge: Responsible Party: Name: Address/Telephone Number: _- Description of All Affected Areas: Danger/Threat Posed by the Release or Discharge: Any Damage or Injuries Caused by the Discharge: Was an Evacuation Needed? Names of Individuals and/or Organizations Already Contacted: Weather Conditions at the Incident Location: Actions Being Used to Stop, Remove and Mitigate the Effects of the Discharge: 28 Appendix J: Discharge Response Equipment Inventory Socks: Socks: Socks: Booms: Booms: Booms: Pads: Pads: Pads: Pillows: Pillows: Pillows: Shovels: Shovels: Shovels: Absorbent Clay -Bags: _ Absorbent Clay -Bags: Absorbent Clay -Bags: Socks: Socks: Socks: Booms: Booms: Booms: Pads: Pads: Pads: Pillows: Pillows: Pillows: Shovels: Shovels: Shovels: Absorbent Clay -Bags: Absorbent Clay -Bags: Absorbent Clay -Bags: Socks: Socks: Socks: Booms: - - - - Booms: Booms: Pads: Pads: Pads: Pillows. Pillows: Pillows: Shovels: Shovels: Shovels: Absorbent Clay -Bags: Absorbent Clay -Bags: Absorbent Clay -Bags: 29 I Simon -Highway Plant #3:SPCC December 1312017 Appendix K: Record of Containment Drainage This record must be completed when rainwater from diked areas is drained into a storm drain or into an open watercourse, lake, or pond. The bypass valve must be kept in the closed position during normal operations. It must be opened and closed following drainage under responsible supervision. DaielTirne Diked Area Presence of oil/No oil Signature 30 12/22/2017 11:31:40 AM - P:101756\133-01756 170011CAD\CONCEPTUAL\2 AUTOTURN EXHIBIT.DWG - ANDRYAUSKAS, JEREMY i i I I I I OE - OE 0 40' 80' SCALE: 1" = 80' TETRA TECH www.tetratech.corn 1900 S. Sunset St., Ste 1-E Longmont, Colorado 80501 Phone: (303) 772-5282 Fax: (303) 772-7039 OE OE XX X) SIMON CONTRACTORS COMPANY Project No.: 133-01756-17001 WELD COUNTY, COLORADO AUTOTURN EXHIBIT WB-67 TRUCK Date: 12!2212017 Designed By: JAB Figure I J Copyright: Tetra Tech Rnr Mi4AAlirAS 1 inrh Hello