Loading...
HomeMy WebLinkAbout20151798.tiff Kim Ogle From: Clayton Kimmi Sent: Monday, June 01, 2015 7:31 AM To: Kim Ogle; Lauren Light Cc: Clayton Kimmi; Don Dunker Subject: North Pierce Conditions of Approval (USR-1716) Attachments: North Pierce APEN 8-15-12.pdf; North Pierce Pit Wastewater Permit 2-19-10.pdf Kim, All of this information had been submitted at one point to you. I have reattached the documents for your use. Condition 1A: No trespassing signs and the required signage for the DBMS permit are installed at the site. No additional signs are to be installed at the site. All signs are significantly smaller than the maximum allowed by the Code. Condition 1B:The CDOW letter contained only recommendations. There are no requirements which need to be addressed in the CDOW letter. Condition 1C: Public Works is in compliance with our own requirements. Condition 1D: Dust abatement will be accomplished by providing dust suppression on internal haul roads via a County water truck. Additional measures such as spray bars on the crusher and ceasing crushing operations in high wind conditions may be used for dust abatement. Condition 1E: The APEN has been attached to this email Condition 1F: The CDPHE Stormwater Permit is attached to this email. Condition 1G: Per the Weld County Code, a grading permit is not required for a mining operation if there are no permanent structures. There are no permanent structures at this gravel pit so Condition 1G is not applicable. Condition 1H:A signed plat has previously been submitted. Please let me know if you have any questions. Clay Kimmi, P.E. Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O: 970-304-6496 x 3741 F: 970-304-6497 zoII Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipien' C,pfYUYLLt,httail nS CG.1;1 4O);tom,' J(CK)'►4l'l-(t.0 2015-1798 1p-aa-aa5 -Pi.2039 From: Kim Ogle Sent: Tuesday, May 26, 2015 9:52 PM To: Clayton Kimmi Cc: Kim Ogle Subject: PUBLIC WORKS LAND USE APPLICATIONS Clay, I have reviewed the Mylar map associated with USR-1716 for the Weld County Pierce North Pit and find no evidence of any of the Conditions of Approval being met. Please provide said documentation and modify the USR map to so reflect the Board approved permit. Similarly, Planning staff finds no evidence that USR-1672 for the Fiscus North Mine has been recorded, and further finds no evidence of any of the Conditions of Approval being met. Please provide said documentation and modify the USR map to so reflect the Board of County Commissioners approved permit. Please submit the requisite documents and maps associated with each land use permit. I have attached the Board of County Commissioners Resolution for each referenced land use case. Thank you. Kim Kim Ogle Planner Department of Planning I 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile:970.304.6498 IMIP .IIrI Qam Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. AThink Green -Not every email needs to be printed 2 STATE OF COLORADO wo}t� _ COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT e m AIR POLLUTION CONTROL DIVISION 4 TELEPHONE: (303) 692-3150 * * ♦1876*. CONSTRUCTION PERMIT PERMIT NO: 1 2WE1 O05F I Initial Approval DATE ISSUED: AUG 1 ?D12 ISSUED TO: Weld County Public Works THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Gravel pit known as the Pierce North Pit, located at County Rd. 96 and County Rd. 37, in Weld County, Colorado THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: :.`,,,,.. Facility AIRS Equipment Point Description ID 001 Material extraction, handling, hauling, and associated conveyors and transfer points. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO • AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS • INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: REQUIREMENTS TO SELF-CERTIFY FOR FINAL APPROVAL • 1 YOU MUST notify the Air Pollution Control Division (the Division) no later than fifteen days after commencement of the permitted operation or activity submitting a Notice of Startup form to the Division. The Notice of Startup form may • be downloaded online at www.cdphe.state.co.us/ap/downloadforms.html, Failure to notify the Division of startup of the permitted source is a violation of Air Quality Control Commission (AQCC) Regulation No. 3, Part B, Section III.G.1 and can result in the revocation of the permit. 2. Within one hundred and eighty days (180) after commencement of operation, compliance with the conditions contained on this permit shall be demonstrated to the Division. It is the permittee's responsibility to self certify compliance with the conditions. Failure to demonstrate compliance within 180 days may result in revocation of the permit or enforcement action by the Division. Information on how to certify compliance was mailed with the permit or can be obtained from the Division. (Reference: Regulation No. 3, Part B. II G.2) AIRS ID: 123/9579/001 Page 1 of 8 Version 2009-1 Weld County Public Works Colorado Department of Public Health and Environment Permit No. 12WE1005F Air Pollution Control Division Initial Approval 3. This permit shall expire if the owner or operator of the source for which this permit was issued: (i) does not commence construction/modification or operation of this source within 18 months after either, the date of issuance of this construction permit or the date on which such construction or activity was scheduled to commence as set forth in the permit application associated with this permit; (ii) discontinues construction for a period of eighteen months or more; (iii) does not complete construction within a reasonable time of the estimated completion date. The Division may grant extensions of the deadline per Regulation No. 3, Part B, III.F,4.b, (Reference: Regulation No 3. Part B. III.F.4.) 4. Within one hundred and eighty days (180) after commencement of operation, the operator shall complete all initial compliance testing and sampling as required in this permit and submit the results to the Division as part of the self-certification process. (Reference: Regulation No. 3, Part B, Section III.E.) 5. Within one hundred and eighty days (180) after commencement of operation, the permit number shall be located in an easily visible place for ease of identification. (Reference: Regulation No. 3, Part B, III.E.) (State only enforceable) EMISSION LIMITATIONS AND RECORDS 6 Emissions of air pollutants shall not exceed the following limitations (as calculated using the emission factors included in the Notes to Permit Holder section of this permit). Annual records of the actual point source emission rates shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation No. 3, Part B, Section II.A.4) Annual Limits: • Facility AIRS Tons per Year Emission - Equipment ID Point PM PM10 PM2.5 NO. SO2 VOC CO Type 001 7.8 3.6 - - - - - Fugitive 001 0.09 0.04 - - - - Point See "Notes to Permit Holder #3" for information on emission factors and methods used to calculate limits. Compliance with the emission limits for fugitives shall be demonstrated by not exceeding the production limits listed below and by following the attached particulate control plan. 7. The emission points in the table below shall be maintained and operated with the control equipment as listed. The uncontrolled emissions shall be reduced by at least the control efficiencies listed. (Reference: Regulation No.3, Part B, Section III.E.) • Facility AIRS Controlled Control Equipment Point Control Device Emissions Efficiency ID 001 Spray bars for conveyors PM 97% PROCESS LIMITATIONS AND RECORDS • 8 This source shall be limited to the following maximum consumption, processing and/or operational rates as listed below. Annual records of the actual process rate shall be AIRS ID: 123/9579/001 Page 2 of 8 Weld County Public Works Colorado Department of Public Health and Environment Permit No. 12WE1005F Air Pollution Control Division Initial Approval _ maintained by the applicant and made available to the Division for inspection upon request (Reference: Regulation 3, Part B, II.A.4) Process/Consumption Limits Facility AIRS Equipment Point Process Parameter Annual Limit ID _ 001 Extraction shall not exceed 100,000 tons per year STATE AND FEDERAL REGULATORY REQUIREMENTS 9. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. (Reference: Regulation No. 1, Section II.A.1. & 4.) 10 This source is subject to the odor requirements of Regulation No. 2. (State only enforceable) 11. All conveyors and transfer points will be subject to the New Source Performance -.- _ Standards requirements of Regulation No 6, Part A, Subpart OOO, Standards of Performance for Nonmetallic Mineral Processing Plants, whenever there is primary crushing capacity greater than 150 tons per hour (portable equipment) or 25 tons per • hour (fixed equipment) at this location as follows: a. Visible emissions from conveyors and each transfer point shall not exceed seven fi. percent (7%) opacity In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. a. At all times, including periods of start-up. shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and _ • operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation 6, Part A. General Provisions from 40CFR60.11) -- b. No article, machine, equipment or process shall be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12) c. Written notification of construction and initial startup dates shall be submitted to the Division as required under § 60.7. AIRS ID: 123/9579/001 Page 3 of 8 i Weld County Public Works Colorado Department of Public Health and Environment Permit No. 12WE1005F Air Pollution Control Division Initial Approval d. Records of startups, shutdowns, and malfunctions shall be maintained. as required under§ 60.7. e. Written notification of opacity observation or monitor demonstrations shall be submitted to the Division as required under § 60.7. f. Compliance with opacity standards shall be demonstrated according to § 60.11. OPERATING & MAINTENANCE REQUIREMENTS 12. This source is not required to follow a Division-approved operating and maintenance plan. COMPLIANCE TESTING AND SAMPLING Initial Testing Requirements 13. Within 180 days of startup, the owner or operator shall demonstrate compliance with Condition 9, using EPA Method 9 to measure opacity from the conveyors. Sources not Subject to opacity readings of an NSPS subpart: This measurement shall consist of a minimum twenty-four consecutive readings taken at fifteen second intervals over a six minute period. (Reference: Regulation No. 1, Section II.A.1 & 4) ADDITIONAL REQUIREMENTS 14 The permit number shall be located in an easily visible place for ease of identification. (Reference: Regulation No. 3, Part B, III.E.) (State only enforceable) 15. The particulate emission control measures listed on the attached page (as approved by the Division) shall be applied to the particulate emission producing sources as required by Regulation No. 1, Section III.D.1.b. 16. This permit is for mining related activities only. any process equipment (i.e. crushers, screens, etc.) to be located at this site must have a separate permit from the Division. (Reference: Regulation No. 3. Part B, Section III.E.) 17. A revised Air Pollutant Emission Notice (APEN) shall be filed. (Reference: Regulation No. 3, Part A, II.C) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tons per year of a criteria pollutant, a change in annual actual emissions of five (5) tons per year or more, above the level reported on the last APEN: or For volatile organic compounds (VOC) and nitrogen oxides sources (NO),) in ozone nonattainment areas emitting less than one hundred tons of VOC or NOx per year, a change in annual actual emissions of one (1) ton per year or AIRS ID: 123/9579/001 Page 4 of 8 Weld County Public Works Colorado Department of Public Health and Environment Permit No. 12WE1005F Air Pollution Control Division Initial Approval more or five percent, whichever is greater, above the level reported on the last APEN; or For sources emitting 100 tons per year or more of a criteria pollutant, a change in annual actual emissions of five percent or fifty (50) tons per year or more, whichever is less, above the level reported on the last APEN submitted; or For sources emitting any amount of lead, a change in actual emissions of fifty (50) pounds of lead above the level reported on the last APEN submitted. For any non-criteria reportable pollutant: If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of _ control equipment replaces an existing type of control equipment; or d Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. GENERAL TERMS AND CONDITIONS: 18. This permit and any attachments must be retained and made available for inspection upon request. The permit may be reissued to a new owner by the Division as provided in Regulation No. 3, Part B, Section II.B upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 19. If this permit specifically states that final approval has been granted, then the remainder of this condition is not applicable. Otherwise, the issuance of this construction permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the Division in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and Regulation No. 3, Part B, Section III.G. Final approval cannot be granted until the operation or activity commences and has • been verified by the Division as conforming in all respects with the conditions of the permit_ Once self-certification of all points has been reviewed and approved by the Division, it will provide written documentation of such final approval. Details for obtaining final approval to operate are located in the Requirements to Self-Certify for Final Approval section of this permit. 20 This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 21. Unless specifically stated otherwise. the general and specific conditions contained in this permit have been determined by the Division to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. 22 Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of a condition hereof shall constitute a rejection of the entire AIRS ID: 123/9579/001 Page 5 of 8 Weld County Public Works Colorado Department of Public Health and Environment Permit No. 12WE1005F Air Pollution Control Division Initial Approval permit and upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to self-certification and final authorization by the Division on grounds set forth in the Colorado Air Pollution Prevention and Control Act and regulations of the AQCC including failure to meet any express term or condition of the permit. If the Division denies a permit. conditions imposed upon a permit are contested by the applicant. or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 23 Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 24. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions). -122 (civil penalties), -122.1 (criminal penalties). C.R.S. B B - K.C Houlden R K Hancock III, P.E. Permit Engineer Construction Permits Unit Supervisor Permit History Issuance Date Description Initial Approval This Issuance Issued to Weld County Public Works Iron AIRS ID: 123/9579/001 Page 6 of 8 Weld County Public Works Colorado Department of Public Health and Environment Permit No. 12WE1005F Air Pollution Control Division Initial Approval t. Notes to Permit Holder: 1) The production or raw material processing limits and emission limits contained in this permit are based on the consumption rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedance of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with a request for a permit revision 2) This source is subject to the Common Provisions Regulation Part II, Subpart E, Affirmative Defense Provision for Excess Emissions During Malfunctions The permittee shall notify the Division of any • malfunction condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than noon of the next working day, followed by written notice to the Division addressing all of the cnteria set forth in Part II.E.1. of the Common Provisions Regulation See: http://www.cdphe.state.co.us/regulations/airregs/5CCR1001-2.pdf 3) The emission levels contained in this permit are based on the following emission factors: Points 001: Emission Factors - Emission Factors—Controlled' Uncontrolled Pollutant Iblton Source Iblton Source Point source PM 0.1545 AP-42 0.1032 I • Point source , PM10 0.0712 AP-42 0.0471 4) In accordance with C.R.S. 25-7-114.1, the Air Pollutant Emission Notices (APENs) associated with this permit are valid for a term of five years. As of the issuance of this permit, the five-year term for these APENs expires per the table below. A revised APEN shall be submitted no later than 30 days before the five-year term expires. AIRS Point 7— Date of Expiration 001 I December 2, 2016 5) This facility is classified as follows. ` Applicable Status Requirement Operating Permit Minor Source PSD/NANSR Minor Source 6) Full text of the Title 40, Protection of Environment Electronic Code of Federal Regulations can be found at the website listed below http://ecfr.gpoaccess.gov/ Part 60: Standards of Performance for New Stationary Sources NSPS 60.67-60.676 Subpart OOO AIRS ID: 123/9579/001 Page 7 of 8 Weld County Public Works Colorado Department of Public Health and Environment Permit No. 12WE1005F Air Pollution Control Division Initial Approval PARTICULATE EMISSIONS CONTROL PLAN FOR MINING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO 1, Section III.D.1.b. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES a. Mining Activities -Visible emissions not to exceed 20%opacity. no off-property transport of visible emissions. b Haul Roads - No off-property transport of visible emissions shall apply to on-site haul roads. the nuisance guidelines shall apply to off-site haul roads. c. Haul Trucks -There shall be no off-property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There shall be no off-vehicle transport of visible emissions from the material in the haul trucks when operating off of the property of the owner or operator. Control Measures 1 Adequate soil moisture must be maintained in topsoil and overburden to control emissions during removal. Watering shall be implemented if necessary. 2. Topsoil and overburden stockpiles shall be compacted. 3. Emissions from material handling (i.e. removal, loading, and hauling) shall be controlled by watering at all times unless natural moisture is sufficient to control emissions. 4. Unpaved haul roads shall be watered as often as needed to control fugitive particulate emissions. 5 Reclamation works and sequential extraction of matenal shall be initiated to keep the total disturbed areas at any one time to a minimum. 111 6 All disturbed areas shall be watered as often as needed to control fugitive particulate emissions. 1 AIRS ID: 123/9579/001 Page 8 of 8 1 • STATE OF COLORADO Bill Ritter,Jr.,Governor Martha E. Rudolph,Executive Director i;of•cozo Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr.S. Laboratory Services Division Denver,Colorado 80246-1530 8100 Lowry Blvd. �ieie Phone(303)692-2000 Denver,Colorado 80230.6928 TDD Line(303)691.7700 (303)692-3090 Colorado Department Located in Glendale,Colorado of Public Health http://www.cdphe.slate.co.us and Environment February 19,2010 RECEIVED David Bauer,County Engineer FEB 2 k 2010 Weld County Public Works PO Box 758, 1 1 1 1 H St. Greeley, CO 80632 laid Casty Public Works Wyk RE: Certification,for the Colorado Wastewater Discharge Permit System Permit Number: COG-500000,Facility Number: COG-501523 Dear Mr. Bauer: Enclosed please find a copy of the Certification, which was issued under the Colorado Water Quality Control Act. You are legally obligated to comply with all terms and conditions of the permit and certifications. • Please read the permit and if you have any questions,contact me at(303)692-3531. Should you have questions on the fee, please call(303)692-3529. Sincerely, A14(4‹ Loretta Houk Water Quality Protection Section WATER QUALITY CONTROL DIVISION Enclosure xc: Regional Council of Government Permit File Permit Fees /Ih cert Permit Number COG-500000 Facility Number COG-501523 Page 1 • Colorado Discharge Permit System Regulations CERTIFICATION under DISCHARGES ASSOCIATED WITH SAND AND GRAVEL MINING AND PROCESSING OPERATIONS (AND OTHER NONMETALLIC MINERALS EXCEPT FUEL) (SIC No: 1442) Category 07,Subcategory 1A, Current annual fee$270(CRS 25-8-502) This certification specifically authorizes Weld County Public Works to discharge in accordance with the General Permit for Sand and Gravel Mining and Processing Operations(and other nonmetallic minerals except fuel). All correspondence relative to this facility should reference the specific facility number,COG-501523. Permittee Contact Weld County Public Works David Bauer,County Engineer P.O. Box 758, 1111 H Street Phone:970-304-6496 Greeley,CO 80632 Email:dbauer@co.weld.co.us Local Contact:Greg Nelson,Mine Foreman Phone:970-304-6496 Project Name,Activity and Location Pierce North Gravel Pit-The facility excavates sand and gravel,crushes large cobbles,and stockpiles excavated materials on site. Scubber water and product wash water is discharged from the facility.The facility is located at the corner of Weld County Road 96 and Weld County Road 37 in unincorporated Weld County Colorado 80648. Discharge Points The discharge is located at Latitude:40.6860°N,Longitude:-104.7188°W. Discharge Description Estimated Flow Rate Point 001 A The discharge from sand and gravel processing prior to entering an ephemeral Avg.=0.05 MGD L stream that flows to Lone Tree Creek. Max 0.25 MGD Effluent Parameters The discharge is to an ephemeral stream that flows to Lone Tree Creek,which is within Segment 5a of the Middle South Platte River Sub-basin,South Platte River Basin,found in the Classifications and Numeric Standards for the South Platte River Basin(Regulation No. 38; last update effective January 01, 2010). Segment 5a is designated as Reviewable, and is classified for the following beneficial uses: Aquatic Life,Class 2(Warm); Recreation,Class N and Agriculture. Effluent Limitations and Monitoring Requirements for Outfall 001A Parameter Limitations Monitoring Sample 30-Day 7-Day Daily Rationale I Avg. Avg. Max Frequency Type ------- -------------General Permit Requirements----------------------- Flow, MGD Report NA Report Discharge Evaluation Continuous/i Recorde2/ Instantaneous In-situ pH,s.u. N/A NA 6.5-9.0 Water Quality Standards 2 Days/ Grab Month Oil and Grease,mg/I N/A NA 10 State Effluent Regulations 2 Days/Month Visual' Total Suspended Solids,mp1 30 45 NA State Effluent Regulations 2 Days/ Grab Month For a minor facility,as determined by the EPA NPDES Permit Rating Worksheet,all weekly monitoring requirements shall be changed to 2 days per month. ilp - If power is not available,flow may be measured on an instantaneous basis. Major facilities shall monitor flow weekly,minor facilities 2 days/month ' - If a visual sheen is noticed,a grab sample must he taken and analyzed for oil and grease ISSUED AND EFFECTIVE: FEBRUARY 19,2010 EXPIRATION: JUNE 30, 2013 Permit Number COG-500000 Facility Number COG-501523 • Page la Other Conditions Chemicals The permittee did not specify any chemicals for use in waters that may be discharged. On this basis,no chemicals are approved under this permit. Prior to use of any applicable chemical,the permittee must submit a request for approval which includes the most current Material Safety Data Sheet(MSDS)for that chemical. Until approved,use of a chemical in waters that may be discharged could result in discharge of pollutants not authorized under the permit. Antidegradation An antidegradation(AD)analysis may apply in the future if additional parameters are added to this certification. Current limits are technology-based,thus antidegradation does not apply. Groundwater Contamination If groundwater contamination is encountered, then the permittee is to contact the Division and, if appropriate, the owner of the collection system receiving the discharge. Since the discharge of contaminated groundwater is not covered under this permit, the permittee shall immediately apply for a groundwater remediation certification, which will include appropriate requirements for additional discharge monitoring and on-site environmental response capabilities. Sampling Sampling shall occur at a point after treatment,or after the implementation of any Best Management Practices(BMPs). If BMPs or treatment are not implemented,sampling shall occur where the discharge leaves control of the permittee,and prior to entering the receiving stream. Samples must be representative of what is entering the receiving stream. nitoring and Reporting charge Monitoring Reports(DMR)must be submitted quarterly as long as the certification is in effect.The permittee shall is l provide the Division with any additional monitoring data on the permitted discharge collected for entities other than the Division. This will be supplied to the Division within 48 hours of the receipt of the data by the permittee. This certification to discharge is effective long term. For termination of permit coverage,the permittee must initiate this by sending a letter to the Division requesting the permit certification be terminated. Best Management Practices The permittee shall implement and maintain the Best Management Practices(BMP)for the prevention of erosion and the control of solid and liquid pollutants due to the discharge. BMPs include various options,such as:modification of the pipe discharge structure to disperse flows;containment of water by hay bales or other comparable structures;the use of geocloth,filter fabric,or plastic sheeting for protection of containment structures;rip-rap;and/or any other approved methods. Stormwater Management Plan See Part I.C.of the permit for stormwater requirements. At the time of application,the permittee certified that they had developed and implemented a Stormwater Management Plan(SWMP) for this facility. The permittee shall amend the SWMP whenever there is a change in design,construction,operation,or maintenance which has a significant effect on the potential for the discharge of pollutants to the waters of the State,or if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with mining activity. A copy of the SWMP must be kept on site and provided to the Division upon request. The General Permit for Sand and Gravel Mining and Processing Operations(and other nonmetallic minerals except fuel)is attached. The permittee should review this permit for familiarity with all of the permit requirements. If the permittee has questions related to is certification that cannot be answered by a review of the permit,the permit writer should be contacted. 0 Permit Writer Maura McGovern February 18,2010 • • Perrin'�u C(X-500000 • COPS (iLNERAL PERMIT FOR SAND AND GRAVEL MINING AND PROCESSING (AND OTHER NONMETALLIC MINERALS EXCEPT FUEL) COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act(25-8-101 et seq., CRS, 1973 as amended), facilities engaged in mining and processing of sand and gravel and other nonmetallic minerals(except fuel)are authorized to discharge surface runoff and process water from authorized locations throughout the State of Colorado to specified surface waters of the State. Such discharges shall be in accordance with conditions of this permit. The applicant may demand an adjudicatory hearing within thirty(30)days of the issuance of the final permit determination, per the Colorado Discharge Permit System Regulations, Regulation No.61 (5 CCR 1002-61). Should the applicant choose to contest any of the effluent limitations,monitoring requirements or other conditions contained herein,the applicant must comply with Section 24-4-104 CRS and the Colorado Discharge Permit System Regulations. Failure to contest any such effluent limitation, monitoring requirement,or other condition,constitutes consent to the condition by the Applicant. • This permit specifically authorizes the facility listed on page 1 of this permit to discharge process generated wastewaters and/or stormwater,as of the date stated below, in accordance with the permit requirements and conditions set forth in Parts I and II hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit. This permit and the authorization to discharge shall expire at midnight,June 30,2013 Issued and Signed this 30th day of May,2008 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ;'L ' ./ e rt.Janet Kieler, Permits Section Manager Water Quality Control Division ill ISSUED AND SIGNED: MAY 30,2008 EFFECTIVE DATE OF PERMIT: JULY I,2008 Q. s ,� 3 Q ,- yEwrOOF PUBLIC•HEALTH AND ENVIRONMENT Water Quality Control Division " `oo-050 000 Sand and Gravel General Permit A x z c ,o basin regulations contain information on the adopted standard for the segment(bask standard or site-specific 1 standard)for stream segmentsfor selenium(see examples below and should he checked or the specific se ment and x p ), g modifications. When temporary modifications are listed for a stream segment, the acute and chronic aquatic life standards of 18.4 ugh and 4.6. respectively. may not apply. Regulation No. Main Water Bodies Expiration Dales 3? Rock Creek, Salt Creek, Peck Creek,St. Charles River 12/31/2012 Greenhorn Creek,Sixmile Creek, Huerfano River, Cucharas River. Boggs Creek, Fountain Creek, Arkansas River, Apishapa River, Purgatoire River 33 None None 34 Animas River, Cement Creek, Mineral Creek 12/31/2011 35 Gunnison River. Uncompahgre River, Bear Creek 12/31/2011 36 Alamosa River 12/31/2011 37 Colorado River and tributaries,Johnson Creek, Yellow Creek 12/31/2011 38 South Platte and tributaries, 12/31/2011 Big Thompson Creek 12/31/2009 j. Compliance Schedules-Existing dischargers may he granted compliance schedules for any new effluent limitations applicable to the discharge. Some items for which a compliance schedule may he necessary may require an individual permit. Note that compliance schedules cannot he granted for limitations based upon the federal ELGs. k. Monitoring Requirements-See Section LB of the permit for monitoring requirements. m. Permit Termination-Sites that are covered by a bond under the Colorado Division of Reclamation, Mining, and Safety will need to prove that bond release has occurred before permit coverage can be terminated. Sites that are not covered under a bond must provide additional information before the permit can be terminated. STORMWATER DISCHARGES As required under the Clean Water Act amendments of 1987. the Environmental Protection Agency(EPA)has established a framework for regulating municipal and industrial stormwater discharges. The Water Quality Control Division("the Division")has stormwater regulations(SCCR 1002-61)in place. These regulations require specsfic types of industrial facilities that discharge stormwater associated with industrial activity(industrial stormwater), to obtain a CDPS permit for such discharge. The regulations specifically include sand and gravel mining activities as industrial facilities. Facilities which discharge industrial stormwater either directly to surface waters or indirectly, through municipal separate storm sewers, must be covered by a permit. This general permit does not cover .stormwater only discharges, which are covered under stormwater permit CUR-340000_ The federal effluent guidelines that govern discharges from sand and gravel mining facilities(40 CFR 436)control most surface runoff However, there are some sources ofstormwater from these sites which are not addressed,such as roads and railroad lines,pond outslopes, inactive loadouts, sites used for storage and maintenance of material handling equipment. etc. 1. Stormwater Management Plan(SWMP): The.store nvaler regulations primarily apply to areas not covered by 4U CFR Part 436. They require permittees to develop and implement a Stormwater Management Plan(SWMP)to protect the quality of stormwater leaving the site. The plan shall identify potential sources of pollution(including sediment)which may reasonably be expected to affect the quality ofstormwater discharges associated with mining activity. In addition, the plan shall describe the best management practices(BMPs)which will he used to reduce the pollutants in stormwater discharges from the mining site. Some activities required under the SWMP may already he in place. However, the SWMP will require the permittee to coordinate these activities with any necessary new activities in an orderly manner,so that the result is the reduction or elimination of pollutants reaching state waters front areas not limited by effluent limitations. Facilities must implement the provisions of the SWMP required under this part as a condition of this permit. 0 It is the permittee'x responsibility to notify the Colorado Division of Reclamation, Mining and Safely of any significant changes at their site resulting from the implementation of the SWMP. This is so that the Division of Reclamation. Mining and Safety may review the SWMP and incorporate any potential revisions into the facility's reclamation permit which might he needed The SWMP shall include the following items, at a minimum: a) Site Map COLORADO DEPARTMENT OF PUBLIC HEALTII AND ENVIRONMENT Water Quality Control Division Q.-a Quo Q Rationale.Page8,COG-0500000 Sand and Gravel General Permit l • 4k' b) Description of Potential Pollutant Sources/Material inventory • c) Stormwater Quality Controls b IPI) SWMP Administrator 2) Materials handling and spill prevention 3) Erosion and sediment controls 4) Other pollution prevention measures 5) Preventive maintenance 6) Good housekeeping 7) Identification of discharges other than Stormwater. 2. Other Requirements a) Facility Inspections: The permittee will he required to make a thorough inspection of their stormwater management system, at least twice per year(in the spring and fall). (See Part I.D.4 of the permit for alternate schedules.) These inspections must be documented and summarized in the Annual Report to the Division. b) Employee Education: The permittee shall develop and implement employee education programs to inform personnel at all levels of responsibility of the components and goals of the SWMP. This section has been expanded from the previous permit to include contractor and temporary personnel, in keeping with other stormwater permits. E. Stormwater Management Plan(SWMP) The SWMP Contents section has been modified. Some of the changes are limited to organization of information, which does not require modification of an existing permittee's current SWMP. Most of the SWMP changes involve clarifications,reformatting, or adopting requirements from the Division's Stormwater Construction general permit(e.g.. BMP installation specifications). For existing permiltees(le., those with permit coverage prior to the reissuance date of this permit), their SMWP must be amended to include the new required items: For existing permittees, any SWMP changes based on the change in permit requirements must be completed within 5 months of the • effective date of the certification. The plan is not to be submitted to the Division unless requested, but must be available on site as outlined in Part I.D.S(b)of the permit. I, Terms and Conditions,General Limitations and Design Standards: This section reiterates the requirement that facilities select, install, implement, and maintain appropriate BMPs,following good engineering, hydrologic and pollution control practices. In addition, requirements to adequately design BMPs to prevent pollution or degradation of State waters(see Part I.D?of the permit)have been revised and are discussed below. ?. Site Map: The list of items needed for the Site Map has been expanded in order to adequately characterize the site. A list of items and factors has been added to the section on identifying potential stormwater pollutants, in order to dares the Division's intent in this area This requirement may necessitate changes to existing permittees'SWMPs. 3. Description of Potential Pollutant Sources: The requirement to identify Potential Pollutant Sources has been expanded to include inure details for the evaluation of such sources. This evaluation allows for the appropriate selection of BMPs for implementation at a facility or site. This requirement may necessitate changes to existing permittees'SWMPs. -! Stormwater Management Controls: See Part I.C.I of the permit. a) This section has been modified to require identification of a SWMP Administrator. The SWMP Administrator is a specific individual(s),position or title who is responsible for the process of developing. implementing, maintaining, and revising the.S13MP This individual serves as the comprehensive point of contact for all aspects of the facility's SWMP. This requirement may necessitate changes to existing permittees'SWMPs. b) Sections have been added requiring that preventive maintenance and good housekeeping measures be included in the • SWMP. Preventive maintenance is critical to ensuring the success of the B1'LPs at a site. Good housekeeping measures are a common sense means of increasing compliance. This requirement► ap necessitate changes to existing permittees' SWMPs. Permit Termination: .4 section has been added on additional SWMP items for sites seeking permit termination, This section provides more guidance to permitees than has been available in the past, on the steps needed to inactivate a site's permit r EPART.MF_NT OF PUBLIC HEALTH AND ENVIRONMENT Water Qnaity Control Division jge 9.COG-0500000 Sand and Gravel General Permit t coverage. Most.sites will he able to inactivate coverage once they have had bond release from the Colorado Division of Reclamation, Mining and Safety. This requirement may necessitate changes to existing permiltees'SWMPs. III6. Consistency with Other Plans: A section has been added claming that other documents,such as an SPCC, can be used to meet some of the SWMP requirements,provided that the other documents are readily available and the SMWP includes appropriate cross references. Erin Scott April 18. 2008 IV. PUBLIC NOTICE COMMENTS No comments were received during the public notice period. Note, however, that the division eliminated the two year maximum for compliance schedules. Erin Scott May 28,2008 Hello