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HomeMy WebLinkAbout1.1 Reclamation BondBond No.: 6551606 RECLAMATION (REVEGETATION) BOND KNOW ALL MEN BY THESE PRESENTS, that the undersigned Chevron Shale Oil Company a Division of Chevron U.S.A. Inc. as Principal and Safeco Insurance Company of Affierica as Surety are held and firmly bound unto Board of County Commissioners of Garfield County, Colorado, as Obligee in the penal sum of Thirty Seven Thousand. Eight Hundred and No /OH$37.800.00) for the payment of which, well and truly to be made, the said principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has applied for a Conditional Use Permit for the "Extraction and Material Handling of Natural Resources" for a construction materials mine and the Garfield County Vegetation Director has required a revegetation bond securing Principal's performance under the "Garfield County Weed Management Plan" and the Principal's "Conditional Use Pennit Application" as a condition of approval for the Conditional Use Pennit for the North Clear Creek Construction Materials Mine, all as more specifically set out in the Garfield County's Building and Planning Department report dated June 16, 2006. NOW, THEREFORE, if such permit is granted and if the Principal shall faithfully perform its duties under the terms of the permit, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, that if Surety shall so elect, this bond may be cancelled as to subsequent liability by giving thirty (30) days notice in writing to both the Principal and Obligee. IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals this ~-day of January , 2008. The effective date of this bond is January 25 , 2008. (Seal) (Seal) Chevron Shale Oil Comp!1ny, a division of Chevron U.S.A. Inc. Q .6' U:.5-• ,AH:~~.-'(. r.-~•<-•W Safeco Insurance Company of America ~u~ Marina Tapia, Attorney-in-fact State of California County of Los Angeles On January 25. 2008 before me, B. Aleman. Notary Public. personally appeared Marina Tapia who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/ai=e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaclty(ie&), and that by ms/her/~ signature(&) on the instrument the person(&), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • B.AJ.EMAN • Comm1n1on If 1774647 f Notary Publlc • Calllornlo f i LOI Angale1 Countv • ••• , , 11t':crvr·=czei2~.,t1 .I (seal) Signature \f) · ~ (, M1la/1 B. Aleman, Notary Public POWER Saftlto Insurance Company of Amoric;:a GeMtal !Osuranee Company of America 5afeco Plaza OF ATTORNEY Sttatue 1 WA 98186 KNOW ALL BY THEBB PRESENTS: Th•l SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each • Woahlng!an corporation, does each hereby appoint .. ,.,..,.,..,..,E, S. ALBRECHT JR.; TRACY ASTON; TOM BRANIGAN; K. D. CONRAD; ASHRAF ELMASRY; SIMONE GERHARD; JOYCE HERRIN; MICHAELA. MAYBERRY; C. K. NAKAMURA; MARIA PENA; WILLIAM A. SADLER; EDWARD C, SPECTOR; MARINA TAPIA; LISA THORNTON; BRENDA WONG: Los Angeles,Californla11 ••••••••••••••1111 ••••11 ••••11 •••••••••••••••••••• lls true and lawful attornoy{s)-ln-fact, with tun authority to execute on Its behalf fldeflty and surety b011ds or undertakings and other documents of a similar characlor Issued In !he course of Its business, and to bind !he respecUve company !hereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each •••culed •nd attested then pr .. ents this _19_t_h _________ dayof _J_ul~Y ______ _ 2007 ~· -¥Jl.1.4(,I<../ ' -rAm~ .... .0.o,.A · STEPHANIE DAkEY·WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE.PRESIDENT, SURETY CERTIFff;ATE llxtracl from tho By-Law• of SAFECO INSURANCE COMPANY OF AMERICA and al GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. • FICELITY ANO SURETY BONDS ... !he Pr&ldent, any Vice President, tho Se<relary, and aoy,Asslstant Vice President appointed for !hat pu1pose by th• officer In charge al suraty'operaUons, shall ea.ch have aulhority ta appoint lndlvlduals as attomoys4n-facl or under olhar appropriate Illies wlUt aulhorily to 8"i!cllle on behalf of Uta company fidelity and surety bonds and olher documents of olmllar characler Issued by !he company In Uta CO\nO of its business ... On any lnslnJment making ar evidencing such appolntmen~ the algnalurea may be aff"'ed by faoslmie. On any inslrumant ronfontng such aulhorily or on any bond QI' undortoklng of the company, the seal, QI' a facslmlle tmreof, may ba lmpnoased or aff"'ed or in any other manner reproduced; provided, hOW8ver, that !he seal ohall not ba necessary to the validity ofany such Instrument or underto~lng." ilxtract from a Resolution af Iha Board af Olraclors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On an~ ceriftcal• executed by the Secretary or sn esslslant secretary at the Company selling oul, (I) The provisions of Article V, SecUon 13 of !he By-Laws, and (II) A oopy or the power-of-attorney eppolnlmenl, executed pursuant th ore lo, aod (Ill) CerUfying lhot said power-at-attorney appalnlrnent ls In fUI force and effect, !he signature of the cerllfylng officer may be by lacslmHe, and !he seal al tho Company may be a facsimile !hereof." I, Stephanie Daley-Wol1011 , Sacretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby ceJtlfy lhat the foregoing extracts of the By-Lows and of a Rasolulian of the Board of Dhvctors of lhese COfPOratlona, and of o Powar of Atlomey Issued purauant l!tonoto, am l!'Ue ond C01Tocl, and that both 1he By·L•~. the Resolullon and !he Powor of Attomey are alftl In Ml foroe and effecl IN WITNE$S WHEREOF, I have hueunto 111 my hand and affixed the facalmlle se,. of said co1poratlon ___ z_s_t_h _______ day of January 2008. ~¥JW~-/ STEPHANIE !>ALEY·WATSON, Sl!CRETARV Saftco<I> arid the Safoco Iago are reglstared 1rademari<a l)f $a1ooo Corporallan. S-01)7 4/0S 4/05 WEB PDF CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT State of California County of Co'"'~ On _1.,.../-='2::..,,,~:..,.+-/-""c'-<B..._ before me, I Daiei } personally appeared ----Ro-=~·-E~~~L=e.=e=-~~~=.--------------­Nome1s) of Signer{a) ~-· : ~ e l,.i;REi:. r8MeRs8N, ~ _ Commis>lon ti 1632640 i , ·• ~otary Publ!c , Como1nla ~ ' . • Con Ira Costa Counly - • .. My Comm. Expires Jan 20, 201 O Pince Notory ~ AbOY9 who proved to me on the basis of satisfactory evidence to be the person!elo whose name!B! islai:& subscribed to the within instrument and acknowledged to me that he/&AeltRe)· executed the same in hlslf!ertll 1eil authorized capacity(ieeh-and that by hislllerliReir signature!et on the instrument the person~ or the entity upon behalf of which the perso~cted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature &A-z> Signa111re ol Ndary Publiel ~~~~~~~~~~-OPTIONAL~~~~~~~~~~~~ Though the Information below is not roquir•d by law, It may prove val"al>IB to persons relying on the document and could prevent fraudulent removal and reattachment af lhis form to anlther docum9nt. Description of Attached Document Title or Type of Document: /2e. Cl C\ ""' <\.ti -' Document Dale: / / 2 'ii J tS 'So {I? e v o. j e. +-=..-t:. ;.._ ) Number of Pages: -----''------I I Signer(s) Other Than Named Above: __ _,,_N~+/~ft~~· --------------/ Capacity(ies) Claimed by Signer(s) Signer's Name: I< · E • /...• Q.. Signer's Name: ____________ _ C Individual /9 S .: ; rto. -1" !J Individual ):!( Corporate Officer -TiUe(s): bC\ I .. ~ Gw""CJ Corporate Officer-Title(s): --------- 0 Partner -0 Limited C General D Partner -D Limited C General 0 Attorney in Fact C.l Atlomey In Fact D Trustee Too 01 ••umb "''• D Trustee 0 Guardian or Conservator U Guardian or Conservator O Other: _______ _ 0 Other: ________ _ AIGllTTt11JMUPHINT or SIGNER Top oi lhumb runa Chevron December 5, 2007 Division of Reclamation, Mining and Safety Attn: Jim Dupler 1313 Sherman St. Room 215 Denver, Colorado 80203 Re: Annual Report and Annual Fee Kenneth W. Jackson Regulatory Special'st Chevron Shale Oil Company, a division of Chevron U.S.A. Inc. Permit No. M-2006-039 North Clear Creek Construction Materials Mine Garfield County Colorado Dear Mr. Dupler: Mid-Continent Bussiness Unit Che'Jron North America Exploration and Production Company 11111 S. Wilcrest Houston, Texas 77099 Tel (281) 561-4991 Fax (281) 561·3702 In accordance with the regulations of the Division of Reclamation, Mining and Safety, Chevron U.S.A. Inc. hereby files the annual report and annual fee for the subject mine. During the past 12 months no mining activities occurred at the North Clear Creek Construction Materials 'v!ine. Consequently, no materials have been removed and no reclamation activities have occurred. The mine area is still in its pre-mining condition. For the upcoming 12 months, no formal plans have been made to utilize the mine. Presently, there has been no need for construction materials for our operations. However, as construction activities occur on our property, the mine may possibly be opened during 2008. At this time we cannot predict with any certainty when and how much material Chevron may need to mine for construction. In addition please find enclosed a check in the amount of$323.00 for the annual fee required by the DRMS. If you have any questions or need any additional infom1ation, please feel to call me et (28 I) 561-4991 or contact me 2t the address shown above. Thank you for your assistance in this matter. Yours truly, 1 ~,1 ti' I / ; ( !. <7 : ·· '\. U ff fjJA~·--· ,,_ ....... _ .. _, v,, ........ ·~ L Kenneth W. Jackson kwj: Enclosures Chevron NA Exploration Prod Co A Division of Chevron U.S.A., Inc. PO Box 9034 Concord CA 94524 DIVISION OF RECLAMATION MINING & SAFETY 1313 SHERMl\N ST RM215 DENVER, CO 80203 ADDRESS INQUIRIES TO: PO Box 9034, Concord, CA 94524-1934 PHONE CONTACT: 925-827-7741 FAX CONTACT: 925-680-3534 INVOICE DATE I INVOICE#. I OUR REFERENCE#. GROSS AMT. Cf-ECK DATE: 11/28/2007 CFECK NO: 0025077377 PAYEE REF: 0010436137 COMPANY NO: 0064 MAIL CODE: 11 ECO DISC.AMT. Chevron • NET AMT. 11/28/2007 07112801V 0019061717 $323.00 $323.00 ANNUAL FEE; M-2006-009 DETACH AND RETAIN THIS STUB FOR YOUR RECORDS Chevron • PAY TO ORDER OF Chevron NA Exploration Prod Co A Division of Chevron U.S.A., Inc. POBox9034 Concord CA 94524 DIVISION OF RECLAMATION MINING & SAFETY 1313 SHERMAN ST RM 215 DENVER, CO 80203 . Three hundred twenty three and 001100 Dollars CITIBANK DELAWARE, ONE PENN'S WAY. NEW CASTLE, DE 1972.0 CHECK# 0025077377 ATTACHED BELOW 62·20 T11 NO. 0025Dn377 11/28/2007 .. **'**$323.00 NOT VALID AFTSR 1 YEAR Chevron AUTHOA'ZED SIGNATURE STATE OF COLORA.00 DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources fa 13 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 December 8, 2006 Mr. Mark Hinton Chevron Shale Oil Company, a division of Chevron USA, Inc. 11111 South Wilcrest Houston, TX 77099 COLORADO DIVISION OF RECLAMATION MINING -&-SAFETY Biii Owens Governor Russell George Execullve Director Ronald W. Cattanv Division Direclor Natural Resource Trustee Re: North Clear Creek Construction Materials Mine, Permit No. M-2006-039, Permit Issuance -Construction Material Operation Dear Mr. Hinton: On December 8, 2006 the Division of Reclamation, Mining and Safety found Chevron Shale Oil Company, a division of Chevron USA, Inc, to have satisfied the applicable requirements ofC.RS. 34-32.5-101 ~~·for obtaining a mining and reclamation permit. Therefore, a permit is being issued. Two signed originals of the permit have been executed. We have kept one copy for our files and are enclosing one copy for your use. It is your responsibility to comply with all of the terms of the permit. I. All of the original application materials, as amended and supplemented, are an integral part of your pennit. They have been incorporated into the permit by reference. We presume that you have a copy of all of these materials; therefore, none have been enclosed with this mailing. We suggest that you keep a copy of the permit and the permit application at the mining operation as a reference for operating personnel, to help ensure compliance with the terms of the permit. 2. Changes in the mining and reclamation operations that differ from those described in the permit may require a modification to the permit. We suggest consulting the Construction Materials Rules and Regulations and/or contacting us to determine if a revision to the permit is necessary. Rule 1.10 pertains to Amendments, Rule 1.9 to Technical Revisions, and Rule 1.11 to Conversions. 3. On your permit anniversary date each year, December 8, you must submit an annual fee and an annual rep011 to us. The annual fee for this permit is $281.00. Please consult the Act, Rules and Regulations, and your permit for specific annual report requirements applicable to your mine. /;?~~~rn,;,~ . RONALD W. CATTANY Division Director R WC/SSS/ets Enclosure cc: Sean Norris, Cordilleran Compliance Services Office of Mined Land Reclamation Office of Active and Inactive Mines DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866·3567 FAX' (303) 832·8106 Oc1ober 20, 2006 Mr. Mark Hinton Chevron Shale Oil Company, a division of Chevron USA, Inc. I l Ill South Wilcrest Houston, TX 77099 STATE OF COLORADO COLORADO DIVISION Of RECLAMATION MINING -&- SAFETY Bill Owens Governor Russell George ExecuUve Director Ronald W. Callany Division Direc1or Nal\1ral Re~ource Trustee Re: File No. M-2006-039, North Clear Creek Construction Materials Mine, llOc Decision Letter -Financial and l'crformance WaHanty Request -Construction Material Operation Dear Mr. Hinton: On October 19, 2006, the Division ofReclamation;Mining and Safoty approved your I !Oc mining permit application. The amount of financial warranty set by the Division for this operation is $36,939.00. You must submit a financial warranty in this amount and a performance warranty in order for us to issue a permit. In the event you have requested a financial warranty form, we have enclosed it in this letter. If you have not, please select a type of financial warranty from Rule 4.3. Then contact us so that we can provide you with the appropriate warranty form. We have enclosed a performance warranty form with this letter for your use. PLEASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTIL A PERMIT HAS BEEN ISSUED BY THE DIVISION AFTER RECEIPT OF YOUR FINANCIAL WARRANTY AND PERFORMANCE WAIU{ANTY. A PERMIT WILL NOT BE ISSUED UNTIL WE YEIUFY THE ADEQUACY OF BOTH YOUR l'INANCIAL WARRANTY AND PERFORMANCE WARRANTY. If you have any questions, please contact me (970) 243-6368. Sincerely, ,£-tl Environmental Protection Specialist Enclosure cc: Amanda Jacobs, Cordilleran Compliance Services Carl Mount, ORMS Office of Mined I.and Redamation Office of Active and Inactive Mines STATE OF COLOR.A.DO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-6106 PERFORMANCE WARRANTY Permittee: Chevron Shale Oil Company, a division of Chevron USA, Inc. Operation: North Clear Creek Construction Materials Mine Permit No: M-2006-039 COLORADO DIVISION OF RECLAMATION MINING -&- SAFETY Bill Ow!'lnS Governor Russell Goorg!'l Executive Dirnctor Ronald W. Cauany Division Director Natural Resource ·rrustee This form h11s been 11pproved by the Mined Land Recl11111ation Board J1llrs111111t to section~· 34-32-117, C.R.S., of the Mined La111l Recl11111ation Act 1111d 34-32.5-117, C.R.S., of the Colorado L11nd Reclamation Act for the Extraction of Co11structio11 Materials. Any alteration or 111od(fic11tion of this form, without af!proval by the Board shall result in the fina11cial warranty being invalid and result in the voiding of 1111y permit issued in co11ju11ctio11 with such i11validfim111cial wm·1·a11ty mu! subject the operutor to cease and <lesist onle1w amt civil pe1111ltiesfor operating without'' permit p111·sua11t to sections 34-32-123, C.R.S., ofthe Mi11edLm1dRecla111(1(io11 Act mu! 34-32.5-123, C.R.S., of the Colorado Land Reclamat/011 Act for the Extraction of Construction Materials. KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq. (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et~· (the "Act"), as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, Chevron Shale Oil Company, a division of Chevron USA, Inc. (the "Permittee"), has applied for a permit to conduct a mining operation known as North Clear Creek Construction Materials Mine (the "Operation") on certain lands in Garfield County, Colorado. These lands are described in tl1e permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". WHEREAS, in its application for the permit, the Pennittee has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, the Boa!'d has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Garfield County which are now or may become subject to the permit are those amounts for the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. Office of Office of Mined Land Redatn<ition Active and Inactive Mines -2 - WHEREAS, the Permittee hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands. NOW, THEREFORE, the Permittee hereby promises the Board that it will comply with all applicable requirements of the Act and rules and regulations of the Board with respect to the Affected Lands. FURTHER, the Permittee hereby promises the Board that it will comply with all of the terms of the application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the Board. FURTHER, the Pennittee promises the Board, pursuant to 34-32-112(2)( d) or 34-32.5-112(1 )( c)(iv) of the Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, including, but not limited to, reclamation. The Permittee further recognizes the right of the Board to enter to reclaim lands affected by the operation. The description oflands herein is for convenience ofreference only, and no error in such description, nor any revision of the permitted mining area, nor the disturbance by the Warrantor oflands outside of the permitted mining area shall alter or diminish the Permittee's obligation hereunder, which shall extend to the reclamation of all such lands disturbed. The obligation of the Permittee hereunder is such that, if the Permittee shall successfully comply with the requirements of the Act, applicable rules and regulations, and the permit, then the Board, upon a finding that the Pennittee has so complied, shall release this pe1formance wairnnty, and the Pennittee from its obligation hereunder, to the extent that the Board determines that such compliance has been accomplished. The obligation of the Permittee hereunder shall continue until released in whole or in part by the Board in accordance with applicable law. In further satisfaction of the requirements of the Act, the Penni ttee promises to be responsible for the cost of reclamation up to the amount established by the Board and has attached hereto its financial warranty, which may be amended from time to time. The Permittee agrees that it will maintain a financial warranty (or warranties) for the estimated costs of reclamation in good standing for the entire life of the permit. Please note that under the provisions of the Colorado Mined Land Reclamation Act and the Colorado Land Reclamation Act for the Extraction of Construction Materials, any Applicant or Pcnnittee that submits proof, acceptable to the Bmird or Division of Reclamation, Mining and Safety, that an Applicant or Permittee is a unit of County or Municipal government, or is a department or division of State government, the Applicant or Permittee is not required to submit or post any other instrnment of financial responsibility but hereby promises to be responsible for the cost of reclamation up to the amount specified by the Board. If the Board determines that the Permittee is in default under this performance warranty and has failed to cure such default, although written notice of such default and ample time to cure such default have been given, the Permittee's financial wmrnnty shall be subject to forfeiture. This performance warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. - 3 - The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. SIGNED, SEALED AND DATED this ____ day of _________ _ Chevron Shale Oil Company. a division of Chevron USA, Inc. CSEALl Permittee By: ____________ _ Title:-------------- NOTARIZATION OF PERMITTEE'S ACKNOWLEDGEMENT STATE OF _______ __, ) SS, COUNTY OF _______ ) The foregoing instrument was acknowledged before me this ___ day of ________ , ___ , by __________ as ___________ of ____________ . NOTARY PUBLIC My Commission expires: ---------- APPROVED: State of Colorado Mined Land Reclamation Board Division of Reclamation, Mining and Safety By: -------------~ Date:----------- Division Director PROJECT IDENTIFICATION Date : 12-0ct-2006 ------·----~--- User: SSS ---- CIRCES Cost Estimating Software COST SUMMARY FORM Permit or job no. : M-2006-039 Abbreviation : none Filename : M039-000 ------- Site : North Clear Creek Const. Mal. M1 -------·---------- State : Colorado ------ County : Garfield Agency or organization name :DRMs___ --------------------------- action : New 110c applicatio11 TASK LIST (DIRECT COSTS) ,,·.,·---~-------~==~~=~=~---F---~-R-:~~i-<'.=l F=L=·~~~-/~~f~\i.•' DIRE~:~•-····· NO. ! TASK DESCRIPTION USED i SIZE j HOURS i COST a·ia l-cu1 anc1 ri11 reduction or mine_1_,e_n_c_11_e_s_10_21_1_:1_v_s_1~op~e _______ +-_d_o_z_er_ L-1 -20. 79 s2.a25 ~~~~---i-Ha~!J?.e.soil to localions.DC/nss benches duril!JL~'!_s_~}l?· i __ loader 1 2~.j-~----·· ........ ~.1.'._!_'!.§_ Wa I-Spread topsoil over pit slope ;' __ exclcoazve,:le ___ 1 _____ ,'._. 1 _ 1 44·,~1·-~· ___ __ . _ $2$_,_ 5_.1 .. 3 60 8 .... ~1.~-.]-Exca~ate pocks into fio8iSi~p~----" ~ _ 05aj-Revegelale pi/ slope -·-------.. I revege (_ __ 2 __ 1 24.0 ------~-2,~?_9_ ... 9.!!_E!_ 1-SPt~ad gravel on staging area __ I revege j ·1 i ---.. ~:..!_· $~Q_~ _!!!_~ ... )-Transport rec~<!!.'!~Y.9_n equip1nent to/frorn site ---·-+l)()~ilize I 7 I 5 ~ $~,!_6~ ----1-I ____ .... __ i ____ _ ---------------.-·---···-·-------- ---------i---+---+----l ' -------------------------·------+---+---+-----: -------------------------j-----+---fr----"··----1 -·-··---·-. i ---+---+----+------------ ___ --_--_---__:-__:-_-_-_-_·-::::::::::::::::::::::::::::::::::::-__ -__ -_-__ -_-__ -_ __:-+~' __ -_ .. _--_-,f--·-~__:-__,lf--·-=--=-==~lf------_--_---__ -_------- ------------._ ... _ .. _______ I -r---.. ---- r-------------------------------1----------11------0----j----------- I -------·--·----------+----+-1 ---+i---+-------. ... ---1------i-----j--------·. -----r------··----··-··------------------------+- ' -·------------------------f----+---+----J------ $.30,692 • includes lnflaUon factor adjus!menl of: NA o/0 , •·-;·.-:-c;cc·"-''~~~~ INDIRECT COSTS OVERHEAD AND PROFIT • Liability insurance : 2.02 % of direct total= $620 ----------- Performance bond : 1.05 % of direct total= $322 Job superintendent: NA• NA NA total= NA ------- Profit: 10.00 % of clirect total= SJ,069 ___ ,.,,,,,..,_________________________ ---------------· •not rcqrjired (or eqp. opr:r1:i/01 serves vs s11por.) TOTAL 0 & P" $4,0'(1 -----·---··-- LEGAL· ENGINEERING -PROJECT MANAGEMF.NT • CONTRACT AMOUNT (direct+ 0 & P),, $34, 703 ----- Financial warranty processing (legal/related costs): 500.00 total$ NA total= $500 ---~---..... ____ ,,_ . Engineering work and/or contract/bid preparation : NA NA ,, ___ N_A__ total= NA _R_eda_m_ationrnanagem_ent and/or administration : 5.00 % of cntr. NA total= _,, _____ $_1,_73~ CONTINGENCY -NA< NA total = NA --------------------------------···-·----·-···--- • co,.1fingr;1nr.ins ric1:ow1ted for at /as/( lr:vC'I TOTAL INDIRECT COST= $6,247 --------·--·--·· TOTAL BOND AMOUNT (direct+ indirect)= $36,939 PROJECT IDENTIFICATION Task#: 01a State : Colorado PermiUjob# :M-2006-039 ---------· ---------··--------·---·--·--- Date: 1011112006 County :gadield Abbreviation :11one ___ _ User: SSS Site :North Clear Creek Const. Ma Filename :M039-01a ------ Agency or organizalion name : Ol<MS __ Permit or other job action :NewJ10c_' '~"P~P_fi_ca_· l_io_11 ______ _ Task description : Cut and fill reduction of 6 mine benches to 2:1 HOURLY EQUIPMENT COST Basic machine :Cat D7R OS Series If -7SU Horsepower : 210 Blade type : Semi-Universal Allachment no. 1 : ROPS Cab Shift basis : 1 percl_ay_ Attachment no, 2 :_J_-s_l_w_n_k_1i~pp~e_1_· ____ _ Cost Breakdown : Ownership cosUhour : Operating cosUhour : Ripper op. cosUhour : Operalor cosUhour : Tolal unit cosUhour: MATERIAL QUANTITIES Initial Swell volume: 8,750 CCY factor: $47.67 $54. 13 ! Ufllization °/o -~~~-11-----.;::a $1.29 $32.78 -~~-l-------i~ $135.87 1.165 Loose volume: Data source : (CRG) ------·--·---- 10, 194 LCY Source ot estimated volume :(l·~·~·'"~e 6 benches 15'1-l x 30' deep cut to 2_:_1_'!'._ope -----·---. ___ .. __ .... Source of estimated swell factor : CAT Handbook ·:78~~~8002~~~~ HOURLY PRODUCTION Job Condition Correction Factors Source I Operator skill : a. 75 . (avg.) ______ ,,, .. .,----····--- Average push distance : __ !!!!._._, _ _feet Unadjusted hourly produclion : 1,022.9 LCYlhr Material consistency description : Co1npactecl fill or en1bank~!~!!!._ Average push gradient :_!6.:~Q----~~(1_1e~g~)-~ Average site altitude : 6, 000 feet Malerial weight: 2,900 lbs/LCY Weight description : De~on1pC?_~f!~L~~~~---50'Yii Rock, 50% Earl/1 ' ----.-! ; JOB TIME AND COST Fleet size: Dozer(s) Unit cost: S0.277 /LCY Material consistency : .. }!_ 90 __ , (C'!_~fi_B) Dozing method : I 00 . __ (gen:}_ Visibility: 1.00 (avg.) Job efficiency: 0.83 (ls/11{//day) -----··-·------·----------------··----- Spoil pile : 0.80 ! (f11d-rf) Push g~~~~dn~ : : ~~ r1~~: ~~··~ Material weighl: ···-0,79·--. (~~tt-IB) Blade type : 1.00 (S/SU/U) Net correction : 0.118 Adjusted unit production : 490.33 LCY/hr ------- Adjusted fleet production : 490.33 LCY/hr Total job time: 20. 79 Hours ------- Total job cost: $2,825 ------ PROJECT IDENTIFICATION Task#: 02a Date: 1011212006 User: SSS CIRCES Cost Estimating Software WHEEL LOADER • LOAD AND CARRY WORK State : Colorado Permi~ob #' M-2006-039 ~---- County: G<irflold Abbrevialion :_n_o,_w ____ _ Site :North Clear Creek Coosl. l"lfal. /I Filename :M039-02o Agency or organization name :cOcR_M_Scc_-~c Permitorotherjob actioo :New 1·1oc -~ppt1~·c~al~io~n------·-·----··-·---·--·--·-- Task descripUon :transport topsoil fron1 stockpile to locations along bonches .......--,..,;•;, • -,•,•;•.'" ··~ '.'''•'•;• --r•.•--•" HOURLY EQUIPMENT COST Basic machine : CAT 93BG (2003) Attachment no. 1 : ROPS Cab Horsepower : 160 Cost Breakdown· Utilization% ownership cosUhour : __ §J.~-~--/.----~ Operating cosUhour: $24.89 I too Operalor cost/hour: $32.78 I ·-----.. -~~ Total unit cosVhour: $74.44 Shift basis: Data source : 1 pe_r_~<!X .. _(.CRG) _ MATERIAL QUANTITIES lnllial Swell factor: Final volume: volume: 3,600 LCY NA 3,600 Source of quantily take-off : Assume 6.8 acr?.s _c:.o_vorcd wlavg. 4" soil, minus foe ale of s/ockpile Source of eslimated swell faclor :NA (Cal/-18) LCY Lnader Cvcte Time Unadjusted basic cycle time (load, dump, maneuver) : ___ o_.5_2_5 ___ mlnutes Cycle Time Factors I T ' __, Material : 1 Mfxed material 0.020 (Cat .H_f!.!__ ~~~0-Pile : Conveyor or do~~fJ?iled 10 ff. liigh and up 0.000 (£~!_HB). __ ·--···----- ruck ownership :!No adjustmenl -factor nof applicable 0.000 <~~~.t1~L ~P-~~ation :icO~s/ant ope~?.1!3.!1 ........ -- -0.040 (CatHB) Dump targel : Nominal 1ar9el 0.000 (Cat~!_!) ___ Factor (min.) Source Net cycle time adiuslmenl : __ ~-0~.0~2~o ___ mlnutes Adjusled basic cycle lime: 0.505 minutes Rolling Resistance -Road Conditions Haul :Rultc<I di!"l· Ii/lie maintenance, no water, 2" tire pen~!!:~'f~o_n _______ _ Return : f?ulled dirt. lifl/o mvin/e11anc!'..·. n_C!__~aler, 2" lire penetralion 1:1filtljmd Return Time Length Grade res. Rolling"'· I Total res. Travel tlme i Data I ~et) (%) (%) (%) (minutes) i Source Haul route :I ··~· -·----.... -- 350 0.00 500 5.00 0.341·/ . (C~!t~f!! __ Return r~.~~e :1 350 0.00 5.00 I 5.00 0.3155 (Cat HB) Total travel lime: 0.6566 minutes Load~[ ~i!Ckel CaMCity Total cycle time; 1.162 minutes Rated capacity : 3.25 LCY (heaped) (Cal f-18) Bucket fill faclor; 1.100 0/her -rocfe./diitmi.x/11res (100-120~! _______ . _______ _ Adjusted capaci\y: 3.58 LCY Soufce Job Condi]on Correction Factors Allitudo adjustment factor : ____ 1._oo ___ ~i -· (C<il 1--18) Job efficiency factor: 0.83 l_i!,_~l~ifl/d;iyJ .. Sile altitude: 6,000 feet ----···-- Net correction : ___ o_.8_3 __ .multiplier Unadjusted hourly unit pmduction: 184.66 LCY/Hr Adjusted hourly unit produclion : 153.21 LCY/Hr !Cvt/'IBJ Adjus!ed hourly neel production: 15.1.27 LCY/Hr JOB TIME ANO COST Fleet size: Loader(s) Total job lime: 23.49 Hours ----- Unit cost: so 1186 /LCY Total job cos\: S},748 PROJECT IDENTIFICATION Task#: 03a State : Colorado Permil/job# :M-2006-039 --~~--- Date: 10//-112006 -------- ------ County :Garfield ._Abbreviation :no~----·-····· User: SSS Site :Nor//J Clear Creek Const. Ma Filename :M039-03a ----- Agency or organization name :ORMS -------- Permit or other job action :!'!!y;_11oc application _____ .. _,_,, ________________ , .. ,. .. , .. _ .. ·-----~----- HOURLY EQUIPMENT COST Cost Breakdown : MATERIAL QUANTITIES Initial Basic machine :Cat 07R OS Series fl -7SU Blade type : Sen~::.Un.i_vo_r_sa_I ___ _ Altachment no. 1 : ROPS Cab Attachment no. 2 :3-shank ripper Utilization % Ownership cost/hour : __ $c.4_7_. 6_7_ NA Operating cost/hour :_. __ $-05-o-4-.,.1.,.3_--+ ____ 100 Ripper op. cost/hour : $0.00 o Operator cosl/hour : $32.78 NA Horsepower : 240 Shift basis : 1 per_~ay Data source: _(5:RG) _ Total unit cost/hour: $134.58 Total fleet cost/hour: $134.58 volume: 3,656 LCY Swell faclor: NA Loose volume: 3,656 LCY HOURLY PRODUCTION Job Condition Correction Factors Source I Materia~~;~:::;e~k~~: ~:~~ I ig1~9~0i_(}1f1·1·1!8)= i Dozing method : 1.00 'I i I Visibility: 1.00 rn----{avr!/rn .. Average push distance : ____ 5_0 __ feet Unadjusted hourly production: 1,022.9 LCY/hr Material consistency description: I Job efficiency : ___ g_.8} _ ___µts1Jiflkla)'). 1!}()!;.e Sf0£kpil~-· ·--·-------·-··· I Spoil pile : 0.80 j (fnd-rl) -----------j Push gradient: 1.00 , (Cal 1-18) Average push gradient: 0.00 % (pos) 1' Altitude: 1.00 I (Cat /-18)- Average site altitude :==--6--_,o--_o_o_···=f-e~e""t ~-......;[ Mate~1:~:~~Ph~: ; ~~ ·-i-{fJsliJOJ·· I Material weight : Weight description: 1,600 lbs/LCY Net correction : ----0.86 '!'P So_il _______ _ Adjusted unit production : 878.40 LCY/hr ------ Adjusted fleet production : 878.40 LCY/hr JOB TIME AND COST Fleet size: Dozer(s) Total job time: 4.16 Hours ------ Unit cost : $0. 153 /LCY Total job cost: $560 ------ PROJECT IDENTIFICATION Task#: 04a Date: 10/1212006 ·-··· ··------- User: SSS HOURLY EQUIPMENT COST CIRCES Cost Estimating Software HYDRAULIC EXCAVATOR WORK State : Colorado County :_Garfielcl PermiVjob # : M-2006-039 Abbreviation :none ---------·-------- Site :Nortl1 Clear Creek Const. Mat. Filename :M039-01a Machine description : Cal 3458 L Se1ies II (2005) Horsepower : ______ 3_2_1 __ _ Weight (MT) : ___ '1_6:!j!._ __ _ Cost Breakdown : Utilization o/o Ownership cosVhour: $63.20 NA -~--,--,---+-----0 per a ting cosVhour: $53.90 70 -----+----- Shift basis: _1_p_e1:_cla_y Data source : (C~l 0 per at or cosVhour: $32.96 NA -----·---- MATERIAL QUANTITIES Initial volume: 4,000 HOURLY PRODUCTION LCY Swell factor: NA Loose volume: 4,000 Excavator Cycle Time (load bucket. swing loaded, dump bucket, swing empty) Basic job condition description : SEVERE ------- Secondary job condition within basic description : SEVERE LCY ---~~--Cycle time value : ____ o_._4B ___ minutes Bucket Capacity Rated bucket capacity: 4.00 LCY (heaped) Bucket size class: large -------~--- Bucket fill factor: 0.68 Rock -Woll blasted (60% -75".o)_______ _ ________ ------------------ Adjusted bucket capacity : __ 2_. _70 __ LCY Job Condition Correction Factors Source Site altitude : 6,000 feet Altitude adjustment: 1.00 i (Cat 1-18) Job efficiency adjustment : ___ o_.8_3 ___ -~·1_(1y/JifVday)- Netjob correction: 0.83 multiplier Unadjusted hourly unit production :_ 338-20 LCY/hour Adjusted hourly unit production : 280. 7'/ LCY/hour Adjusted hourly fleet production: 280. 71 LCY/hour JOB TIME AND COST Fleet size : excavator(s) Total job time: ·t 4.25 hours Unit cost: SO.h3!) per LCY Total job cost: $2, 138 CIRCES Cost Estimating Software REVEGETATION WORK sheet 1 of 2 PROJECT IDENTIFICATION Agency I company name :,DcR_M_s _____ _ FERTILIZING SEEDING Task no.: 05n ------ Dale: 12-0ct-20013 State : cororado County Garfield Permit/job no. :!!!._"'._~_Q_(J._~:9.3_~ Abbreviation : none ------- User: SSS Sile name :Nort/1 Cleat Creek Const. Mal. Min• Filename : M039-05a Permit or other job aclion :cN~o_w_11_o~c_a~p~/>~lic~o~/;~on~-----------------------------­ Task descripli_on_ .: f_l_e_v_e_ye~a_t~ _p/t sf ope_ -~-----.-_,-_;_:,-:.-.=-. c ... 7,.7:\7=::,7·=:,7:.·:7:=.;,-',:7;------~7e--C7-.. '(·-... ,-. --~_-·., ..... DESCRIPTION (dala source) i UNITS J ACRE UNIT COST f UNJT 1 COST I ACRE -item no. 1 : No fertilizer or amendmrmrs roquired I -item no. 2 -----------------!!-! _____ 1 !-. _____ -;.- 1 ____ -I -itemno.3. -------------------~-----~------~-----~------·-TOTAL FERTILIZER MATERIALS COST I ACRE: $0.00 ------- Application -method no. 1 : No fe1tilizer app!icatioo required i -methodno.2: _____________________________________ ~-~ TOTAL FERTILIZER APPLICATION COST I ACRE: $0.00 -method no. 1 =t!.?.._l!!!!~~f!-'-•~Qu_;_""'---------------- -method no. 2 : ---------· TOTAL TILLING COST I ACRE!: $0.00 Seed Mix: COMMON NAME· VARIETY SCIENTIFIC NAME RATE· PLS LBS I ACRE WARM I co~rj/1/{'//:~~:~:~:~::.:'::-:::=::::;=:-:::-: COST SEASON PER SQ. FT. PLS I ACRE GRASSES, RUSHES and SEDGES : ' NOTE: Table values on drill seed tJasis. To1als are doubled if any seeding melhod other lhan <1rill seedin(I is used ::_1!b~scenl __ w~'!.'!.lf2!..~ss -.!:!_~~-------.. ._.l~Q.':?.fl~.1._~!~'!~1?_horum I 2.80 ! Jn/rocluccd J Coo/ 5.B ~,:-sfern ~J~~~qrnss · Nativ~--. ;Agropyron smith ii 3.20 1 Nwive Cool 0.1 Ru~:!!!!!. -~i/drye ~ Bo7.ois_~r.. iEfymus funcous 2.00 lntrocluced Cool 8.0 ! -------· -----------r----··---··-·-·-··-~-------· _, _______ --.. ---·-.. ·-·----~·--·-----------! ... ---·-· ---·--·---------------------------------i------IC---------+'------!L------.. -- ---- $6.77 $38.56 $11.56 --------------·----+-----------f------+----t-----+----+·----·-----· "' ----·----1-·------f------1 --~-··· ----- ! - . -·----+---- ···-------··--·------+-----l --------I -----] ' ---------+--------1--------··----------.. ·· -·-----r-----~-· -·-··-l-- -------·-·-·----~----~_:~~~::~:---===,::~---··-·-_---___ -__ -._-__ -_ -_ -_ -_ -_ -_,_f--_ -_ -_ -_ ---·f =:-~;~;:·~--~-~l-==::=~=~~-:;1·=~ =-~·····- -------j---------------·-··· .. ·· -------·---f------· ·-·-··---·------- =~~=c· .. --· :_· ·--:·::-'··:.·::-,·.-=:-' .·., ......... -·.·.··'-•>• '<. ·•·•·• ··'•., ···.·· .. · ... ,··\\ . '.,. <·.: FORBS: ~//~lf~~-a~Jin_o~11~'!!.!!.<}} _______ . _;~!..~~!!9_a"g~o_s~a~i;_,a'--------+----'~·OOcc__--J_~ln~l~co~d~u~oe~d'---~---'N':4 ··-·---· 0!iflml/, Sm~!~!!!~Litrle)-Def,_or _____ -+i5_a_'~'O_u~~~.?.~.n_,_ln_o_r ______ ~ ___ 2._4_0 ____ l_nl_ro_d_u_c_ed_-+-___ N_A __ sheet 2 of 2 52.79 S14.81 3.0 ------,.------+----+--------+-----~-------------- -~+------+-----'---··-------- ·--1·--------------+ ·--•.. ·1 ------+---·-------··------i------i -------------1----------------------~------' --------------,------- ' SHRUBS AND T~EES (seed): S_age'.!!ush. _ W?omir~~~--~:::::::~:~""'gens" J_ ___ ol':,•_5i -~:::l!~~~j:_:~ -~:=1":_-_-__ ~-~---+---:-.~---<-'• - S33.48 $25.14 $83.27 $12.81 !5_a!!!!.!_:~!'~-~01n·_W1i1g ____ ------·· C/iffroso Rab/Ji/brush, Rubber -------J'C_h~ry,s~Ol~i':a_m_n:"''-"aus_~-~~~~ .. ~------i,-------+---_ NA 3. 7 -----+----; I I 1------+---+--! -----+----! -------~J=:~:~- •TOTAL SEEDS/SQ. FT.: 81.2 •TOTAL POUNDS PLS I ACRE: 29.40 •TOTAL SEED MIX COST I ACRE: $454.94 --------Seed application -method '.Broadcast seeding (DMG contract data] TOTAL SEED APPLICATION COST I ACRE: $212.27 MULCHING and MISCELLANEOUS DESCRIPTION (data source} r UNITS'"""" r UNIT "l COST I UNIT COST I ACRE : Nydro11mlc/J, ·1 /onlac. ~!=..f!!..~~.1!..~f:'.Y.!i.~1-1.00 I acre I $459.67 $459.67 ···········---- · Nyclro11wf:!1 tack!fi_l!_r, "15 ac. (DMG swvey data) 1.00 ! acre $229.83 $229.83 ···--····-·· -item no.1 -llemno.2. ·~!!!~~!!1..~ · Curtai/@8.0 pf/ac 1.00 i acre $61.01 $61.01 ······---· -ltemno.3. -ilemno.4: I ------··- TOTAL MULCH MATERIALS COST I ACRE: $750.51 ~~$~6Z~2"_9-'1-Mfil_~ -melhod no. 1 : Hydromulcl1ing (MEANS 02920 320 0200) -method no. 2 : Weed spray, hflnrl, non-flq11alic area, nox. (DMGJ $148.28 ----------------- -method no. 3 : __________________________________ ..L __ $_77•/~_,. TOTAL MULCH APPLICATION COST I ACRE: . ···.": · .. · .... :::':" -,~:t::-:~----.­ NURSERY STOCK PLANTING TYPE and SIZE ) . '·MATE~IA~ ... (··.PLANTING COST I FERT. ==e·::=x··=~Q~A~·.=:·· ·. COMMON NAMcE--~-l-N_O_._i_A_C_R_E-ll __ ~(p_la_o_ti1~•g~c_o_,_ld_,_ta_s_o_"_'°_e~) _ _;_I ,c,o~S_T:/:_P:_LA~N~T+f C,O-'-ST_i _PL_A_N_T+--P-E_L_L_E_·T_+I ,c~o.::S.!J._P_LA_N_T ~~-~:r~?.ry_sloc~!~~~ed . l---·· .. -···----f------+-------t-------i TOTAL COST I ACRE ··---·--·--···---------·-··---l-----;-------+------;--------+ T------------------- ----------------'-------c--l----+-------t------t f----------------------------+-----+-------t-----i------1-----·----- JOB COST No. of acres : 6. 80 Cost/acre; $2,·188.91 INITIAL JOB COST: $1<1,884.60 ----···-···---------~---·---·-·-----··· Estirnalecl failure rate (percenl) : _______ ....:!_9:._0_0% •Selected replanting work items:-----~-$~'-'------ RESEEDING JOB COST : $4,465 . .18 TOTAL JOB COST:~-~ Cost/ acre': $2, 188.91 ·~·~~------ PROJ!:CT IDENTIFICATION CIRCES Cost Estimating Software WHEEL LOADER -LOAD AND CARRY WORK Task#: 06a Dale : 10/1212006 Stale : Coloraclo County :E~~~~(e_l_<I ______ _ Permitljob ff :MR2006R039 Abbrevialion : none ----------·--------- User: SSS Site : North Cfear Cree/1 Cons/. Mat. Filename : M039-068 Afjencyor organization name :cO_R~M~S _________________________ _ Permit orolher job aciion :Now 110c ,1pplication Task description; Spread 6 lnchEJS of gravel on equipment staging area. -.----,-~ .. , .. ,.,:-.'-:''0:,-.------.. -.. -.. -.. -. -.. -... -. ~~,...,--':"'"~~'.~''"'.""·: . . . · ·: -: .... _; .. HOURLY EQUIPMENT COST Cost Breakdown : Basic machine : CAT 93BG (200.1) Attachmentno.1 :ROPSCab ----------- Ulilizalion % Ownarship cost/hour :_~$~16_._77~~----N'--A Operating cost/hour : __ S~2_4_.8_9__ 100 Operator cost/hour : __ S_32_._7B_~ ____ N_A Horsepower: 160 Shift basis:. __ L~e~<!_fJ_'(_ __ Data source: (CRGJ Total unit cosUhour: S74.44 Total fleet cost/hour: MATl:RIAL QUANTITIES In ilia! volume: 968 I.CY Swell factor: NA Final volume: Source of quantlly lake-off :~:_~.~~:e 1.2 acres covered with 6_,'~o_F_f!...~~'!.ol Source of estimated swell factor : NA • < • C'~C---C7 968 LCY ----- ~~77T0~~77T0~iDSQ HOURLY PRODUCTION loader Cycle Time (CatHBJ 0_525 Unadjusted basic cycle time (load, dump, maneuver): ______ _ mi out es Cycle Time Factors ] Faclor (min.) Source Material :jMateriol 314" to Bn diame/er / -~~~-S_lo_c_kpil~jiyo acljustmenl -factor not app/ic~bt;.. ---------~~--+ Truek ownership jNo adjvstmoot -factor 110/ applic<:ibfo I --~~~0-po-. ,-a~tio~o'--tf~o-. n-~~.,~-.!..1-1-:_o-p~-._,-:_a~t~fo-:_,-,_~_-_-_-_-_~_~_-_~_~_~_-_-_-_-~~----_-_-_-_-_-_·=~-~r,-~~~~~~~~~--t Dump targel :;Frag11e large/ 0.000 (Cat HB) 0.000 (C~t .J:l?J __ . 0.000 __ L~~~.'if!.! ·0.040 J~!!!_l!El __ 0.050 ___{E_<!,~.t~ 0.010 Net cycle lime adjustment : ______ _ minu!es 0.535 Adjusted basic cycle t!me : ______ _ minutes Rolling Resistance -Road Cohdltlons Haul s:md Haul :_R._~~!!~~qirl, Iii/le maintenance, no wa/or, 2" /ire penefr,1/ioll Return : Ru tied dirl. /1/f/1.> nwintenance, no wvtor. 2" tire penetration Return Time Lenglh Grade res. I Rolling res. I Total res. (feet) (o/i~) .. (%) : (%) Haul route '. 350 0.00 I 5.00 I 5.00 --------..... ·----- Relum route : 350 0.00 i 5.00 ' 5.00 I Travel lime I Data (minutes) ! Source ... ··----I 0.3411 i --~~:-;::; I 0.3155 Total !rave! lime: 0.6566 minutes Loader Buckel (fillil~ Total cycle lime :---1 ~~r92· ---minutes Rated capacily: 3.25 LCY {heaped) Buckel fill factor : 0.875 Olas/ed rock -well blasted (lJO · 95%) Adjusled capacily: 2.84 LCY Source Altitude adjuslment factor : r_oo I (C,11 N8j I J.@_Condi!lon Correclion Factors Site n!tilude: 6.000 feet Jot> efficiency factor : 0.83 ----r I,-s~i!.V~!lj)-.. Net oorrec!ion : 0.83 multiplier Unadjusted hourly unit production: 143.19 LCY/Hr Adjusted hourly unit procluctlon :_ 118.85 LCY/Hr Adjusted 11ourly fleet production: ·1 ·1a.85 LCY/Hr JOB TIME AND COST FJeot size: Loader(s) Total jot> lime: 8.14 Hours ----·-- Uni\ cost: s~:,_r.>::t-. /LCY T olaf job cost : $606 PROJECT IDENTIFICATION CIRCES Cost Estimating Software EQUIPMENT MOBILIZATION I DEMOBILIZATION Agency or organization name :ORMS ----------------- Task#: 07a State :Colomdo Permil/job # :M-2006-039 sheet 1 of 2 ----------------------·-···---·- Date :_!_01121200!!__ County :<?adield ________ Abbreviation ::1011e ________________ _ User : SSS Site : North Clear Creek Co11s1. MtJt. Filename : M039-07a Permit or other job action :New 110C Applicalio_JJ__ _________________________ .... Task description: Transport reclama_tion eq'!ipn_1_e_n_1_1_0_1~_r_o_m ____ ,~_i_t __ e __ -~~---·-···"'·· _,,. -c-c-·=·-~ :·.:-,:.;:~ :·::~< __ ,.,'~;·~.'-;c'·.-"' EQUIPMENT TRANSPORT RIG COST Shift basis: 1 per day Cost data source : CRG Data --------Truck tractor description : Generic 011-highway_truck tracto1; 6x4, diesel powered, 400 NP (2nd half.. 200~) Truck trailer description :Generic folding gooseneck, drop deck equipn1ent trailer (25T, 50T, c1nd 100T) Available rig capacities: · 0-~-T 26-50 TonsT-5i+TITT;S-- Cost Breakdown: Ownership cosl/hour. $16.63 I $18.37 I $22.33 _____________ .__ ____ , ____ _ Operating cosl/hour: $44.3~ $46. 13 I $50.07 ---Operatorcosl/hour: "$27i6 • $27:6ii-L_$27.66 __ _ $0.00 I $25.39 i $25.39 $117.55 I NON·ROADABLE EQUIPMENT Machine I Weighl/unit Ownership I Haul Rig I Fleet Size Haul Trip \ Return Trip /DOT permit Description (Tons) Cost/hr/unit Cosl/hrlunit (No. units) CosUhr/fleet I CosUhrlfleet / CosUfleet -_catD .. 7_R.oSse.ri·e-sll_-_ 7S_u, 35.17 $42.70 I $117.55__1_ 1 · $160.25 .-i-_ $117.55 l$_o.oo_ :cAr93aG12003J ___ !_u45 s1611~6l 1 -,-s·ws.44 j__-$aa67-T -$00o--:~:~!i!!1iti~ejp~r~~~f ~~.~~ i ;;.~.~~+-Ta~61: I ; _ -g~~~~~~ ;;~~.~~ a-~~lf = ---~= -~ ---r==~==-jf--==t==--+-===, =-==--=-~-=- ~--1-----;----~ ---~---- ------~---. -----r-----; ---------r -------- :::::= =~-~ =~=t-=1=--=--=+-~=+-=-=~+-===-=T-= -~---=-_J-_:_1-=__ ___ ------i=---=-r----==c--=--=-=·1~-· --·-· ----~ -~ .c.-=-.-=-;----t---=----'--~=-c---=-1-=--=-=--±------ --i-----L __ l_ ___ -+----:---------f---r---+--i---+---j----1------l-----,--1 ---,-----=---i--=--i=~----_­---~·· =---_r---i-------+---i----+------ Subtotals :1__$67'/,68 __J_ ___ $5G_9.01_ __$0.00 __ _ ROADABLE EQUIPMENT Machine Descripllon Total CosUhotir/unit -Wafer Tanl<er, 3,!iO()_G_· a_I. __ ·---·· .. _ __,_.:_$c.72cc . .c5.::.8 __ _____ ,_ Fleet Size (No. units) Haul Trip Return Trip CosUhr/fleet CosUhr/fleet 2 $·/45.16 $145.16 ---'------=--~--"--'-:_:__::_ t- "\ .. _______ T---------+---·----------·-- ---·····. ·----!--------'-- ---------·-···---'-----·---+-----+------t-------l-------1-----4---·-----I 1- -.. --1 =-~---·--_-··-_ ----~~--~-----------~----·--========+---·-_· _·_---_-_ -_-_ -_-_-_-_-_-_ -_-.._L_--====-+=_·-::_-::_-::_-__ -__ _,__ ---·-··-------- ' ----i------l-------l-------- 1 : ------···--------~--------'--s-,u-b-to-t-al_s_,:._l-_-_s-_1-,4-.-s::._1-6:::::1::·::::_$-_1-4::s_.-1::6::::= EQUIPMENT HAUL DISTANCE and TIME Nearest major city or town within projecl area region : Bafllemenl Mesa ---··- sheet 2 of 2 Transportation Cycle Time : Non~ Total one-way travel distance : 28.0 miles Road able Equipment Road able Equipment 0.80 Haul time (hours) = ___ (Jc..8:..:0_-'--=-=-- 0.80 Return time (hours)= O_.B_O _ _J_ ___ _ Loading time (hours)= 0.50 NA NA Unloading time (hours) = __ 00:..:.5c:O_-+---'-'"-- Subtotals = 2. 60 1.60 ---~·-'··---- JOB TIME AND COST ----------- Average travel speed : 35.0 mph -----·----- Total non-readable mob/demob cost• : $3,232.47 • two round llips with haul rig Total readable mob/demob cost•• : $232.26 "* one round trip, no haul rig Total job time : 5.20 hours Total_job cost: $3,465 CIRCES Cost Estimating Software sheet 1 of 2 EQUIPMENT COST AND PERFORMANCE DATA WORKSHEET DATA SOURCES: Base costs: Cost Reference Gui~_"'.JC?._~~t .. Machine make and model: Vilar er Tanker, 3,500 Gal_. ________________ _ Operator costs : Co/ore.do Departn:_~~.1..2L'.:~.~'-~B9'.'..~!!.°.'.'.... --.. ---·--·--·-· ____ ·---- Doz.er blade type : Attachment No. 1 : TH: lhck Trailer. 10 !On Attachment No. 2 : NA CRG data 1.Jpdate :Second haff. 2006 Labor data updal.e : E~~~-?~-- Labor overhead : Colorado Depart men:. of T ra."lsportation -------------···--- Specifications : Caterpi~ Perforrn~ce-~!.n_~boo~------. __ r ------··-·-·· ·-·-·---.. -·· .. -------. --· -----~:~_::_--·-~·~~: ~~ ,' :·:;... __ .· __ ·_ .. _·. ·_: __ ._ .. ·2.~~;_·~---~~~· .. ;:,_ ..... _:~~-::~:~;_- ;BASE COSTS (CRG data) i Ownership Costs i I Deoreciation I CFC 0verhaul and Operating Costs Field Repair labor I Parts Fuel I Lube Overhead Overhaul Labor I Parts S1.24- I S0.24 ···r-! $0.00 f:::-:~~=:~-· ~~~;~~,;:~:}J ~=~i~¢:::::~~==~ E~ $3.te s1_73 s10.so I s2.10 ::: : ::~~ !--.!~::--~·----!~~~~-.. ·~1~·-~!~-:"~-S0.09 s1.33 I s1.a2 SO.DO lcoSTADJUS;M~N~··F~cToR~=-'.··='.:.::_~~s.~~~· .., ... ~ ~ .,.~-----.. '·-:.7 ------~ -:-·::;;~~~:~.::">·:.-._·:.·:'~i;:::_·: Factor Description Base Value Adj. Value Multiplier SB0.360.40 0.798 ------Acquisi~~~-c~~-l $100. 710.00 1.000 1.000 --~~nomic life hours -Base Machine : __ __!_:_~~---·-···-·-± B.500 Attachment no.1: 8,800 8,800 ·-··-----------·----·----·------··-·---NA --· --------------~~~~*:-~_:1_?.:_ ~J-... ···--N~ Annual use hou~ '. Mechanic's laborco-Stl ___ ,_-3:.T_!_~_"____ 1,400 l 1.509 $40.18 $25.34 ! 0.631 ----------------------·--------------.... ____ _ f-___ F_u~e_I ~cos~t.,pe~c~ga_1_10_0_-~g~a~s~ol~io_e~:t------_2~~!__ ____ ___ 52.33 !!!00 -diesel: $2.49 $2.49 1.000 :----------·--------c~;e-;;;~-= ------· s2. 19 sz. 19 1.000 --· -----·----f--Tire life hours : 2.000 2,000 ~ Tire factor : NA j - I 1.000 1.000 1.000 )ACQUISITION COST BREAKDOWN !Cost Elements (CECG} IBase purchase price: Less dealer discount• : Plus freight• : ----·--· Factor I Adj. Cost s:oo. 710.00 ---·-····-1·· -------· .. 0.080 58.097.08 0.015 Si.510.65 '"'Jus dealer charges: O.OOti 5503.55 [ 2005 CECG (guide discontinued at end of 2005) 1::=~~~'.:-~i;~293-····::=r~oa2"=-··1~-.-~~j~~~fj~_-·_J ~~~tire ~~=-~-~ .. :~.:.1_~:~~-:~.-~~-:~~~:~=~:· -_ :=·~sJi6ij~q__~~ 1Less salvage v~!ue •: ! 15.06% S14.2SO.B4 $80,360.46 Tires 1 1 G.E.C. ~:.~?.._J __ ~~~---J $0.69 : S0.00 I ..... ,, _____ ,--r-·------·'. SO.DO , $0.00 . jAoJUSTeo cosrs Ovmership Costs > Overhaul aod Opecatiog Costs )LJ .. ~:.:..L. ~he~i~of2 I ' I Overhaul I Field Repair 1 1 I Depreciation ~ CFC \ Overhead I Labor \ Parts , Labor I Parts ~'!el j Lube ! Tires G.E.C. I Acqu!sition cost :i SS. 19 NA NA NA NA NA NA I NA=t NA NA [ NA I ~~~~~~~~.6;~~dAttach.No.1: SS.19 NA NA SL-53 $1.27 ·--·~3.77 . $2·:-~~--=-~~ ------NA_=-~-y--N~~-NA i -Attechment No. 2: NA NA NA NA NA j_ ___ !'J!.'. __ -_N~ -NA._ -----~ -. ----------_,,Annualusag_~-'.r----S7.B2. $2.37 I 52.23 NA NA NA --1----~---__ !'!_~ _) --~~----NA_ --_NA __ Double shifts: $5.87 I Si."18 t $1.12 NA NA NA NA NA NA NA NA ~~~~~~ z:j.~ ---· -·~:2 _ _j ______ 1t=~~=:~ ---5~~3 !~~~ J-~ -+-~~~ :----~-~-~~~-'-~--;:-:==:·1c~~i~--~------~-~:-:0_] [.__fuel/lube-Machine and Attach. No. 1:! NA ~~-----··· NA NA NA NA NA ,_ .. _!~:?:?~--___ 3~:..?.9-. ........... __ ........ ~.1-._3~-·· $0.01?_ .. . Attachment No. 2 :: NA NA NA NA NA NA NA NA .. v.:i. NA NA -------~--·'-----····-·· -~~·-~-~:· .•. ~:: ..... :.~--.;: .'"' .. .·:: . .'::· .. " :..:.-~:.....-~· :·::.:-::·.: "·.:.:.:::.~.~:·:: . .:. ... ~:.-::: _____ ·:~:::· . ·: :. ' ....... :~·:_ ··:·:~.:.:.:: ___ ,' .:-. !ADJUSTED COST SUBTOTALS Ownership Costs Overhaul Labor f Parts G.E.C. CFC Depreciation Overhead Overtiaul and Operating Costs Field Repair I LaOOr I Parts Fuel I Lube Tires ~~"...Machin: and Attaehments No. 1. .. ~nd No. 2: Basic Machine and Attachment No. 1 : . _ ·--· .. --... -· Singie shifts i--57.82 I S2.37 j S2.23 $1.03 51 .27 i S2_.~-~---L__-.~~:.~.~---.. [-$15..:~~--. .I Double shifts:\ $5.87 [ S1.18 l $1.12 ttaehment s2~9--=r.-~.si.~~~:·-~r...~~~i~£~~·= I Triple shifts~ ----... ' ----I S0.79 I S0.74 I NA NA I NA 55.22 NA -----,,,A·-1--·;;;,-· ···-r· .NA. 1---w:--: ... . .. ··:·· ........ ,_:_;_.:>· :i:i0URLY OPERATOR WAGES Shift Differential Base I Fringe I _ F.1.C.A -1-~empl. I ~k.Co~E'.:. I Total Rate Benefits I 7.65% 6.20% 15.93% l ($!hr) _____ Ta_n/.:.F:r Driver -i rear ;:;xf ~0.82 S7.22 $1.59 .L.._~1.2~. I 53.32 .. S34.2~ -·- NA S0.00 S0.00 50.00 r S0.00 $0.00 $0.00 I Swing: Day :1 _ __E£OO s0.30 $0.45 ·-· -TrvckMeCha;;: ·-·---··s1s.97-· -·-$4.61 $1.22 r $0.99 $2.54 S25.34-1·---Ni'Qht:1 ·:·_ .. ",:·.:.:::·::.·: ···.·.··_;;,.,:_'-: ... Colorado labor zone :I 2 Two shift per day average:: so. 15 t-·-·----------··••'-··-··-----· ··-·-------·· ~~~~ift ~!-~t.~~~g..:_:j ···-····~?:.~~-- HOURLY'E~1PMENT C~S-r ~~MMARY---~:/·,): ·.::::.:·: · .. , ./·~r···· Ownership ·r . ' ' Si_ngle sll1rts :: Operating and Overhaul Ma Chine ~ Attaehments $25.92 NA Operator 534.24 ... ,~_ .. _.· ··-·------···-----r~,~~~~~--·-·1 Cost/hr($) 572.58 ·-!----- S6.75 IDescrip!ion Type Capacity (cy) I C2pacity (cy) .,._}NA-~·-:--------~----_;: ____ ~ ___ _;; ___ [ :~~ ~;. I '.NA NA NA NA NA 21.50 ~'>'a:er Tani-'.er. 3.500 Gs/ NA 7.'tt De-cl<. Trailer. 10 ton -----;-:;:.. NA -·-·--·-·-· NA ravel speeds (mph); 1st (or max. 2nd 3rd 4th 5th 6th Forward :i NA NA NA NA NA NA (ft) 8.00 NA NA 7th NA --·-··•-"'•••·"'"'" -· --- 10.00 NA NA $68.47 567.16 Min. turning circle (ft) NA NA NA Horsepower (lhp) 250.00 NA NA ty;>e , .. NA ---~-- :~~1-,1 8th I ! I Max. dump ·-·-.... ······· 1-- . . ------ Reverse: NA NA NA --··i-NA ··--·;___ NA NA NA NA NA Minimum dump clearance {ft.) NA : lleight (fl.) NA ' !Loader bucket type or !Compactor drum type NA Compaction Maximum vertical reach height (ft.) Max. hertz. Excavator bucke1 capacity (cy) small medium large NA NA lift capacity (lbs} optimal ! max. reaeh Max.dig/rip depth (ft.) Shank No. CIRCES Cost Estimating Software sheet 1of2 ·:;· HYDRAULIC EXCAVATOR COST AND PERFORMANCE DATA WORKSHEET DATA SOURCES: Base costs :Cost ReferenC!_~~~CR~J _____________ _ Machine make ;;ind model :C<?r 3~58 L Series ii (20051 ·---- Operator costs : Colorz:do Depart.men! of Tran~porr~!~~~--------------·--·· Labor overhead: Colorado Oepanmem or 1!.~nsponar•~:?__ --· _._ ................ . Specifications :Caterpillar Pei:~-~~~ H~~~~~----·------ CRG data update =E..:':.<:1ri Haff, 2005 Labor data update : E?-.E.~.~-·---- ie.AsE coSTS (CRG data) ~-·'$·.-·· ·.·.,·::··~,. - . -. ,_._.2 .. ~~-~:~-~:_2~_{:-/::::.~: ~L::;·,:_:_:i:.~~{·.:::~::L~ Machinej Attachment no. 1 :I Attachment no. 2 :I .COST ADJUSTMENT FACTORS !Factor Description Base Value Adj. Value Overhead $8.64 S0.00 $0.00 Multiplier i Acquisition cost :i $477,200_00 I $371,494.95 I o.nB I I C~,~-------·-·-·--·-----r----~~J"• :~:~!;:~:•o;. --":~5; --; •;~~o I ; : 1 ·, ___ ----·-··---~:~--·~~~§~~!~} .. ~_'?:_?-+ -·--NA 1 .. -~-fJA ---.. --~···-~ ~ ------Fue1~ii~;~~~;~t-----Jii{=~~---s;;;;-----~~ t===-·-----··--·-· .. ·-·~i~·~l :: S2A9 $2.49 1.000 ~ --,,~~~l-~=-_s~1·--$. --~~~--~:=~r ::~ -=1 , Tire factor~ NA NA 1.000 _ Tirecost:J -·---!'llA ·---·-· NA. ~ . 1.000 • Overhaul labor I p, ' ' ' ~ ~~:: :::~ ---~~;;_-~~~~1=~~~:.; .. __ :t······:=~.-:~---~;.:_;~=~~~--:1:.~==~~~-~=1:·~ !~:~ 0.00 ! $0.00 S0.00 \ $0.00 $0.00 SO.DO i $0.00 I SO.OD \ACQUISITION COST BREAKDOWN least Elements i Factor i Adj. Cost ~ase purchase price :--·-··-·----1 ............... --·---+-_S:!!._2_0!!.:9.~ __ , *: 0.093 $44,618.20 ! ·-r-·---·-------· _ _ _ _ I 0.022 .. •... $10. 737._00 Plus de.aier-Ch~;~~ --------·--iJ."005--·~· ·-·52~3MOO·-··· • 2005 CECG (guide discontinued at end of 2005) I 1usted purchase pnce 5445, 704 80 ~-ta~es State$eles@_2_s%"'" ___ _2 __ -o.~~9 ~ _ ~r2_~~~7:_.-.·i· SMM@ 2~k (rental only.LL_ O _!!?O ~ __ --~-09 ..... ess tire cost : so 00 , R5s salvage value•: ---i -"019-6 ---$87-135_2_9 ·-1 ioJtsTE~· cOSTs--·.:.:..-·-· -· _._ .. --I Own~~hip Costs '.·:·.-=i:' -· ;:·:·:<-·::::·-::·._/ .. ,:::-.:,::/'.·:::,:: ··. ··'f:>:'-': Overhaul and Ope~:~i~-:~-~--~~--~:~;:~'.~C:.-~L ·--"':~_._j __ l_:_~'.i:_:::::·.:;.i~:;=:~f 2: 1 Overhaul Field Repair '1 Depreciation I CFC I Overhead Labor J Parts I Labor I Parts l Fuel Lu!:le [ Tires i G.E.C. Acquisitioncost~ S22.3t -I NA NA NA NA l NA.. NA:_ __ -+~--------~~--·-------~-~_l. __ NA E n~md"=.~Excavato,IROPS :\ $2231 '1 NA NA S7.90 $9.99 \ $9.70 $10.21 -j----"'~-· ."A····-··-. ·-~·--·-····~- -------.:~~~~ ~~~A:: 1_ s;::: s;;:: ~: ~: J ~: \ ~: --1-~:= :-=~~~~-=:: ~~:-~~:~: ·==~: ~ ~--·-··--·---·· . ··-·····----·-··· --·-·· ······-····-··------ Tripleshifts :i $24.27 $4.24 $4.69 NA NA i NA NA ~ NA_ " "' NA -NA 'NA Mecha--;.,icLabo·-,---~Ex~ca-v-ator/ROPS.:! NA NA NA $6.52 -r;iA,-i $8.00 NA NA·--· .. ····-·-Np:·---. ----NA--·---·-NA [~--------·--Attachmentno.2j NA ------~~~--.. NA _ _!!.A NA ' --~~··-··<-·--·~i.~ .. ~J.--=.~~=-~ _.. ........... --~~~~ ···--=~~ .. ·--~~ I Fuel/lube-Excavator:,'. NA 1 NA NA NA NA NA NA i $33.57 57. i7 $0.00 S1 .54 ;__ ________ --::Afu;ct;·;.;,ent;·;~-2j·"---~--i - -NA NA NA NA 1 NA NA i NA -··--··-;;j"p:··----·--NA···-NA iA'DJU-sTEDC°OSTSUBTOTALS Ownel'Sh~;pp~C~o~sts,;:.:..::...i.i:::.:..:ii:::.1:...i.~2..i:::.1:...i.:...i.i::i::i:::...i.c ... ;.J:...i.i::i::~~~;~~~;~;;~~,:c;,~i:::::. ..... :~ ..• c•.:-... ~i::cc ... .:.c.,.'c .• ~:::.:::.:~ I Overhaul Field Repair i Depreciation CFC I Overhead Labor I Parts Labor 1 Parts Fuel I Lube Tires I G.E.C. :Excavator and ROPS: Excavator and ROPS: S7.17 :s.o.,~.::r::~c~= ···-·--~-----·-. Singleshifts~ . s .. 36.39 i 512.72 .. f ~.09 ---S6.52 I S9.99 l-=~~-=I~=ti9ii ...... i·:·_§~~~~~:.-.:~.r.-· Double shifts:/ $27.29 I $6.36 57.05 ttachment no. 2: ·-··--Tripi~ shifts-r· ··--·-$24.21 $4.24 $4."5-9--+--N-~~c..c~-N-A--Tj--NA-c-----,-·-~ NA '.•.: ':\·,:.:::;:.,:=:. :HOURLY OPERATOR WAGES Base Rate Fringe Benefits FJ.C.A I Unempl. Wk. Comp. Tota! L_ i I 7.65% 6.20% 9.80% ($/hr) Shift Differential I Co!oraijo labor Zone :I 2 Excavator-under .7~-----$20.82 ------,-. -. -57.22 ==+=*--$1.~ $1.29 S2.04 532.96 ---Day:! sO.oo l ·· . -~TWo$hiftperdayaverag.e°!t $0.i5 Excavator-.75cyand o~----$20~---w ~-=----s1.22 -5;:59 j $1.29 S2.04 $32.96 -~9t~=~5-§~.= :.:.-~:.~!~~-~-i._~~~!.3~-~~~~~~: =~·-~O~?~~~ Mechaniq $20.97 i $7.22 S1.60 ! $1.30 $2.05 $33.15 Nightj S0.45 !Hou~YEQUIPMENT'~-os~t~~~-AAY Ownership Operating and Overhaul J Operator I Total I ' Machine [ Attaehmen Costfhr ($} ---____ :::~,:~----~~~~ -----!~: F=-----~~ -------~~~:~.---~-~==-~~:~·~-~-.~~:.~--~-~~~---··· Tripleshifts:! $33.20 $77.00 NA $33.21 t $143.41 rQUIPMENTPERFORMANCEDATA------~----N'' , ,,,, '' 'j:;.;~1~'"''1 ~~~;~~~~. Maehine Maehine I Machine Max. reaeh d1gg1ng I loading vert reach Maehme desc,,pfion I (UST) I (MT) I (ft) I (ft) ! (ft) I level (ft) (ft) (ft) (ft) Weight Weight length width height at ground depth height height I --Cal 3458 L Serie$/! r2005_i--j---5-1~ I 45.57 38.42 I 10.33 I 12.00 I 39.92 I 26.67 I 24.67 I 36.00 Max.lift cap,@ opllift pt.{lb) 47.450.00 Max.lift cap.@ max.reach (lb) Small bucket cap.(cy) Medium bucket cap.(cy) La'!)e bucket Maximum Fuel type Chassis type track DOZER COST AND PERFORMANCE DATA WORKSHEET Maehine make and mode! :C;:;r D7R OS Series 11 -7$U Dozer blade: Semi-cU_r._.~\-·e_c_sa_-,_' ------· Attachment no. 1 : ROPS C;:;b Attachment no. 2: 3·s!;enl-\ ripP_e!._ ____________ ,. _____ _ CRG data update : Secon~ Haif. 2006 Labor data update : '}5-0J.:0°"·· CIRCES Cost Estimating Software DATA SOURCES: Base costs: Cost Reference Guide J_C...f!..C?..L_. Operator costs: Colorado Department of Trans.xrtai1on Labor overhead: Coiorac·o Oepartmen; o_! iranspo:-:~·~-----·--··-·-··-·-··· Specifications: Caterp~ Pe_t!Orm._~I}~_f:!.~.f'!..~~.:'..1!.. .... _ .. _ sheet 1 of 2 rAsE c0$TS (CRGd~----;·------Ownerahip Costs 1 O"erhaul F•eld Re~:maUI a~dOperau~g Cosi;-------------------, ----------1 I 1 Depreciation CFC I Overhead Labor \ Parts ! Labor I Parts I Fuel I Lube \ Tires I G E C , Machine :j S15.43 i S5.56 I SB."7e--j $4.09-~ 55.04 I SB.53 $23.3~ S4.54 ~ so.oo -·~·· S1.42 ; ·--.... ------~=~h::£~~~~~-r~~--···-~:: : !~:: 1 :~:~~ : ~~:~~ :~:: ~~:~ ~--~:~-··· ~---~~:·t~ .. ---r ---~~~ .... ---.~-~·t=~f~-~=t···-~~~~ ~ ·=-=·· ·:,: ··: ....... ·1 fOST AOJUSTMENT FACTORS I fCOUISITION COST BREAKDOWN ' I ! ! ~-I-Factor Description Adj. Value I Multiplier Base Value Adj. Cost Acquisition cost: S388 571 OJ ~t-=--·---·-.-ECo. -~~~clife~ours. : 12.120 'i~.· A --------··---~!_~chm~-~:~: NA ______ N_·----1------- Attachment no. 2: B.200 8.200 1.000 r·---·-·-·-··-···-···-·------·-·---·--.. -·- L. .. ··---· ··--···-····-·::i.~~J use ~~~ ______ _?..:_ 112 •.. 1.285 1.~:4 __ _ I Mech2nic's labor cost: $40.18 S3.3.15 0.525 c -----------·····"·--·-----------!--··---- Fuel cost per gallon -gasoline : S2.33 S2.33 1.000 _______ ,____ ---------·-----------------·-·· -dieset :' -R8 1~00 S2.49 ... -··· ------·-·-" ·-·-··--·-·------·-----·- Lube cost: $4.7e S4.78 . ·------Ti~h;~~: o --------~. 0 0 __ ,, _____ _ Tlre factor : o -·----------· ·--···----===-+-------'---· Tire cost:' SO.DO S0.00 1.000 1.000 1.000 1.000 lease purchase price : ] 5388.571.00 !Less dealer dlscoZi"~~~ .. ------E-=0-~4~ ~_J_ _-~5-ri!_}?8:_ _--: :Plus freight•: _ ~..!?!.7 __ L _ .!~ 42! 42 _ 'Plus dealer charges: I o.005 ~ 2005 CECG (guide discontinued at end of 2005) f~::.~~:~i~~~~!~::,;;:1 r------··-···-------·-··-·--··-·-·- :Less tire cost : \Less salvage value • : 0.029 0.000 0.230 $1.942.$5 5341.748.19 i $9,910.70 ' . SO.OD $0.00 $78, 704.51 fClJuSTED c05TS ___ _ ·.',-:-._ .. ,:----,.'·.'.>-: ... c-·-, •. , .• •• Ownership Costs _. ·_ .. _:l··· . ' .: Overhaul and Ope~tir;"g co;,t;-·· ·----.. ··--··-·····-···-· ···-----·· -····--·---"-;h;;t2"~f-i Overhaul l Field Repair j Depreciation CFC I Overhea~ Labor I Parts ! Labor Parts I Fuel ) Lube Tires l G.E.C. I ~ n o AC3uisi:?~~: ~:~.;~ =± "'.; --~~ I s~~g ! S~~o ._! __ s~~, s:~3 1----~~----·L--··· ~·~--.. -----LI ......... ~~ ...... Jl··-----~~-·--5..~'2:!.!.:.-2.;:~--· Si ___ .-'-N. _ -~--' __ _:___ _ . ., . A -·-···i--_ ··-···--·--·· ·--·····-··--.......................... ~-·--- ·Attachment no.~-+ NA ! NA NA S0.45 i S0.93 S0.70 51.115 i NA I ' '' NA ' ! NA "'; "'' NA '::'::.~~~ - -'i1f,---';:~ :: :: ---~= =~ =~= ~~----···~_::.~.-___ ---_-_-~=~f_-=····-·11:: :~1~ ---~--~~----_:~------~----~- Tripleshifts-: $14.55 $3.40 I $5_;'$ NA NA NA NA NA NA NA NA --------------~--·-··--···-' ----1--·-·-----------· --- ------·--··-------------·-----··-·---·--- Mecharnclabor-Oozerand ROPS r-NA NA NA $3.37 NA $4.70 NA NA NA NA NA ' Fue,,ub•;i~:::~~~1--=:~: Tq--~:-~: I ~: --f---s~:e--~~rs~~~~~~-~:---i_ s~}r -=--=I~-:~ ,--~~~ -, __ ~~:~--~1 !JUSTED cosT susTOTALs·---·-i---.. ': ... ~:.:...:.:. __ -_· _: _· ~nerstiip Costs :~.~..::---~'-. Ove~~l·~~~-··o·~~~ti~·g Co~--------· -· -·-·----·--· -------·--\ ! Overhaul I Field Repair I , I Depreciation I CFC ) Overhead Labor I Parts labor I Parts Fuel [ Lube [ Tires I G.E.C. !Dozer, ROPS and Attachment no. 2: ozer and ROPS: Single shifts: s21.9o .L. __ ~~$;0.21 _§__!_~so __ -~.-~3.37 "I sa.~·::~~!~ !~ sa.s3 ··-~r-.-~2..~~<~.J-~-.=~·J~~~~=-~:I-~:·.·~~-q_.~.q,~~---S1A2 ~~-- Double shifts: S16.47 ! SS. ~o $7.75 achment no. 2-. ______ ,__,, __ . ___ Triple shifts: ---·-5:;4_55··· .. -·---1--SS.40 --$5.16 f-"''-s'-o---_3"e'-'--i'--'-'-so-.-.-3-~-S-C-.6-3·--rs1.10 I --so~oo-· ---··-·sa~24 r ·-so_aa·---r ·so.97- ]HOURLY oPERATORWAGES I s;;~--·-··-'T___ F~~~~·· [·~-·~~·1--t~~~p·i~-,. ···~k.~ Total ' Rate Benefits 7.65% 6.20% .9.80% ! (S/hr} Shift Differemial Colorado Labor zone~ 2 Dozer operator (>=70hpY, $20.67 $7.22 $1.58 $1.28 S2.03 $32. 78 Swing~ S0.30 Three shift per day average:, S0.25 t=, __ ___Egzer operator(< 70hp~ S~E:..~!.···-··=t=-! S7.22 ···-~---~-~--s1 .28 s2.03 i S32 JS --=-_pay:! .:.~.-~e:q~~----j ... ___ .. -.~!~ ~~~~~E-~~¥.~~~-~-~~-=\_ ........ ~.e:!.~ ----= Mechanici ---------szo.97 ---s1.22 .... --s1.so ! s1.Jo s2.os ss3_ 15---··r-···-Nign·1rs;~5-----·· ....... _ .... _ ............ _. ____________ · -··---·~·---·-···-...... . rfiouRcvE-i:ilii?MEiiicosi-suMMARY~-:~"·-·-· _:.:.__ __ _::_:C~-1'-~-'o;;;;;;;~hio·c· __ i Machr~:'°'"""9 and ~::~~ent::_ci:f~-"-~\i~f£'.~L:'.1.••:.:Z _____ :~0:~:;c$~ Single shifts :f ---------~~u~~Shifts ~ -- Triple shifts : r.··-··-·-·--··-·-··---------__ ...;_.:.._ .... :EQUIPMENT PERFORMANCE DATA ...: •.... :.:.:.~~--··_.'·-;_~-'~: .. Description $47.67 $29.32 $23.21 -- Ho~power (FHP) $54.13 $4.31 $32.78 $138.88 ··-ss.::~13·----· 54.31 ·-----·---·s32_93·· -· .. -· s12o~e9·-·· --; ~---· ~----------$4-~31 S3i03"·--___ ... ii-1"4.57·-~.J •-. . -r'"''"'":,·:·1·. _c::~:·"•-·-,"'-"'''··-~:-.ce ._;L~ _:_: .. ;_,._ . Length Width Height (ft) (ft) (ft) "---- Transmission Type We1gm (UST) Fuel Ripper type type diesel NA .... NA NA ---·--·-··--------NA NA Dozer:~~~ D7R OS Series II-75~ 240 --=--1~--NA-1=2~ I ---,,:-a i B.3 i 11.5 Attachm•n•~:d~ ~~ug~p!iT: _:~::f :----~~---=t--=--: --=:__q~i.---11 --*~ -t-~~; =rl-~~~~~~I=-- Attachment no. 2 :13-stiank ripper NA ! NA j 3.9 I 3.2 6.5 2.5 NA i Pt!ra/!elogram Totalweight L_222f:_/) \ CIRCES Cost Estimating Software sheet 1 of 2 WHEEL LOADER COST AND PERFORMANCE DATA WORKSHEET DATA SOURCES: Base costs: Cost Reference Guide (C~.~?2. •.. Machine make and model : CA T_~3_8G (2E::::'L.. ___ ,. _____ .. ······-··----- Attachment no. 1 :ROPS Can Attachment no. 2 : NA CRG data update : S~cond Half. 20015 --·---·-··--.. ·---· Labor data update : 0~:~~.:9.~ ..... --··----- ··---.. ·-r·-·-··-- 1 Ownership Costs Deoreciation CFC I Overhead IBAsE COSTS (CRG data) ' Machine:! $8. 11 I $2.53 '. $3.08 -·-· . _____________ t" ___ _ Attaehmentno. 1 +-·-.. ····--~_o.oo ; SO.GO so.oo S0.00 Attachment no. 2 :I S0.00 SO.oo -. -.-.. -.-.. -... [C£osT AD.ius-=rMENT F~CTORS _____ ...:.__,;;__·::__ "..: -'-'-~ I Factor Description I Base Value Adj. Value. Multiplier _____ Acq_ uisition cost: $753,510.00 St 'i0,S79.98 0. 723 ~· Econom1c:_~i!._e~~i~·~--.. --· -·---~1 ooo -·-11.000 I 1.E!'O ___ _ ~-------~chm:nl_i:?:. 1__j__ _ .!!.A NA I --2:!!}__o_ _____ _ L~~----:-~:,::;;;.;-!_L __ ~~-2~1~-+--,'~:5 ~ :~~~ ' ~--· -··---~---F~_!ec;:J:~~.~a::~~n~s; _11 --~-· •• ~~;: ----~-~=·_.~~~-T,£~------· ~~~6 r---diesel 52.49 I S2.49 1.000 r ------Lube-Co;t --52.24 ~--"""S2.24-·-· 1.000 ~------Tirelifehou~-=---~:900 .. 3,000 I 1.000 ----------T~~~~~~iJ ... ····-•·"Ss,;BC:-_-oo---~ Operator costs : Colorado Department of Transportolion Lat>Or ovemeaa : _c;o1orado Dcpanmcm of T:-e_:i~E!?!i..<:.~.'.! .. . Specifications : Caterpillar Perfonna_n.~~~~~~~·-·._ ..... . :·::.:::;-.:· . ·.:~~ .... / .:: ... ~:::.: .. _:.:2.i:;::~ - Overhaul and Operating Costs Oveittaur I Field Repair I . Labor ] Parts Labor I Parts ' Fuel [ Lube :1 Tires G.E.C. ~¥a~ i~;_+_ ~~-t-~~~:-:j--5£~J~:: :-:i~~; ___ -~J: ::~f5_~ L-~~J~_ SO.OD SO.OD so.co i so.oo $0.00 I so.co I $0.00 i $0.00 fcQUISITION COST BREAKDOWN ;cost Elements !Base purchase e_i:!_~~---·--··-----···- Less deciler discount* : Factor 0.121 Adj. Cost $153,SlO.OO ···--· ,,_ ......... --·· - $18.620.76 Plus freight* : ..... -.... -----1 0.025 $3. 761.00 [Plus dealer d-targeS:·-'" --···--.. ---.. --T·--0~005 .... j ··-·--5-,5·7~5·5·· ~usted purchase price: S139.417.7B -~2005 CECG (guide discontinued at end of 2005} Plus taxes ~-~=~~l!~!!~~d:~~~~E-t sf:to12 Less tire cost : $5. 850.00 --···-··------·----····-·-··-··-· ····-·----·--Less salvage value*: 0.191 $26.600.91 Net acquisition Fj US TED COSTS r Ownership Costs Overhaul and Operating Costs sheet 2 of 2 Overhaul I Field Repair I Depreciation I CFC I Overhead I Labor Parts 1 Labor \ Parts Fuel I Lube Tires G.E.C. Acquisitioncost;I $5.85 . !VA NA NA NA jNA-! NA -TYA-~~ .. ! NA .J NA . NA ~;;~~~lif~-LoaderandROPS;j $5.85·--,'\1A NA S2.00 SZ.03 1 S2.47 I Si.95 1---· NA"~.·· .1 .... NA-.. -------~----·NA·--. NA-- -·-· -"At"tachmentNo.2~ NA NA NA -· $0.00 50.00 50.00 so~·--·-·NA··-·-r·-· .. -·-·~---···--NA ... _···-·NA-. f-------------An~-~~~~~_?_e ~ ·-·-58.57 $3_ 70 ·-$4.50 NA NA ·-NA NA ___ J ____ ~-~==--.r~~-~~-~-N~""' ----~·: . _____ ·.-.·~~=-· ~ ... -~-----~~-~:~ ---·-··-·----.. ··--Doubleshifts:\ _______ ~.43 S1.e5 52.25 NA N~-------· NA NA __ L~~ .. -... .L .... -~ .. --.. ~-~-·--............ ··---~-~--.. ------~~--J . --M-~~=::r::c;::=:Ri~-~----3i2_ --s~:J ---s~~o ----~~.~~ -: ~~: _;~1-··· :•=~-~.-~-:~~·~~·:~-.•-.~~=-.--~~.:~~~~:--·:~. ·.~~:-:= .. ~:-~.! Fuel/lube-Loader:J NA NA NA NA NA NA NA $12.75 $2.24 $1.96 50.24 . --------AttachmentNo.2:j NA ----NA NA ---,--NA NA NA NA $0."00 ___ ---sO:oo---....... $0.0Q ..... $0~00-- fDJUSiED COST SUBTOTALS __ I___ -· ·.. ----'-C---.::.. ~'---'·--'-'~-----~--_; __ .· --------~---~'-'-- Ownership Costs Overhaul and Operating Costs Overhaul I Field Repair I Depreciation I CFC I Overhead Labor I Parts labor I Parts Fuel Lube Tires I ·-·----, G.E.C. :Loader, ROPS and Attaehments: -----------·-----....... -·------·----- Single shifts:) SS.57 ---·----··--·--"- Double Shifts : S6.43 -----·---Triple sh~ :I sS."'72' iLOader and ROPS : ---Siiii-I S4.50 ___ L ___ ~!c•s_J -s203 [Yo4--[-s1.9T--[_$_12,?s~ [ S1.85 I 52.25 jAttachment no. 2: ---1 $1.23 S1.50 I S0.00 I S0.00 I SO.OD I $0.00 I S0.00 -I SL2·=----•. r:.-.. ··5;3._ .. •r=~~-2~~ r· -so.oa· 1-sa0c ---i SO.OD . ,;·..:._:-. .:.~· --~---::..:-'.;'._;".'..'._ _ -i -• , , ---=======z=2222~±2¢==s=s===z====: Base ~Fringe F F.l.C.A. Wk.Comp. Total Rate I Benerrts 7.65% 9.BO% ($/hr) I Shift Differential r(iiJRJ.. y OPERATOR WAGES Colorado labor zone :I 2 Loaderoperator{<=6cy~ $20.67 ( $7.22 \ 51.58 51.28 ! 52.03 $32.78 Day I so.GO LOOde"r-operato;:(>6~--· .. --s20.s2 .:i-· S7.22 _ __ s1.~-51.29 ! s2.04 532.96 Swing:l ___ SO~. Mechani S20.97 I St.22 T 51.60 51.30 I S2.06 I $33.15 Night:! S0.45 .. !i~i-~~~~~;~~~~~~;j~~:::-.. ·- f OURL.Y EQUIP~ENT c:~s; s~~:~;iR-v: :~·~~:_L::~::"·.·;:::·:··>::1::-:-·>"-:~:.:·' Ownership ---=/·'.·.·.-~perating and ~~~~:~1::---. I Ope~ ;-.. --·-·••"' ---~--:i_::~.::·i~~:i:~'.;~~~~~·-'·:r ! Machine I Attachments · I CosVhr ($) I ' ---·---~~2~3.-~.l-~_: _ _E~--$24.89 S0.00 _j __ ,, ____ _____E.2.78. ------.... ~74A4 IEQulPME.NT ... P.ERFoRMANcE DATA Machine description C.4T938G (2003) Double shifts: S10.53 $24.89 S0.00 t S32.93 S6S.34 ------~. -·------------·-_..,_., ___ ..... _. ·----....... __ .............. --·-~----. ____ ...... ·-· ---· Triple shifts :l S8.45 S24.89 ; SO.DO S33.03 $66.35 na:sm;~,oo :-l __ L_Fuel~~~-j Ho:,We' r ··~;t~~ : ... ~1-M:~:~~~~~'"'''"l M::~~ NA I D.iese! I 160.0 I 23.67 8.92 10.83 Minimum I Struck I Heaped I Maximum I Basic turning capacity capacity loading cycle time circle (ft.) (cy) (cy) height (fl) \ (min.) Bucket type Machine weight (UST) 14.45 _______ L_o_a_derbucket:I GP~vithboil-oni!C/ges I 39.25 ] 2.76 I 3.25 I 9.17 i 0.525 ... ;round sPeeds (fpm) at rated engine RPM Transmission gear :I 1st 2od 3cd 4th foJ"INard :T 4; 4 7S7 1.302 414 (he11rcn '''"''~ December I, 2006 Division of Reclamation, Mining and Safety Attn: Ms. Elizabeth Shelton 1313 Sherman St. Room 215 Denver, Colorado 80203 Kenneth W. Jackson Regulatory Specialist Re: Chevron Shale Oil Company, a division of Chevron U.S.A. Inc. North Clear Creek Construction Materials Mine Permit No. M-2006-039 Garfield County Colorado Dear Ms. Shelton; Mid-Continent Bussiness Unit Chevron North America Exploration and Production Company 11111 S. Wilcrest Houston, Texas 77099 Tel (281) 561-4991 Fax (281) 561-3702 Please find enclosed the Performance Warranty for the subject mine. I believe that you have already received the financial warranty for this mine. If you have not received it please let me know. If you have any questions or need any additional information please call me at (281) 561-4991. Thank you for assistance in this matter. Sincerely Kenneth W. Jackson Enc. DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone; (303) 866-3567 FAX; 1303) 832-8106 October 20, 2006 Mr. Mark Hinton Chevron Shale Oil Company, a division of Chevron USA, Inc. 11111 South Wilcrcst Houston, TX 77099 STATE OF COLOMDO COLORADO DIVISION OF RECLAMATION MINING -&-SAFETY Bill Owens Governor Russell Georg_e Executive Director Ronald \V. Cauany Division Director Natural Resource Trus1ee Re: File No. M-2006-039, North Clear Creek Construction Materials Mine, 110c Decision Letter -Financial and Performance Warranty Request -Construction Material Operation Dear Mr. Hinton: On Occober 19, 2006, the Division of Reclamation, Mining and Safety approved your I !Oc mining pennit application. The amount of financial warranty set by the Division for this operation is $36,939.00. You must submit a financial warranty in this amount and a perfonnance warranty in order for us to issue a pennit. In the event you have requested a financial warranty fom1, we have enclosed it in this letter. If you have. not, please select a type of financial warranty from Rule 4.3. Then contact us so that we can provide you with the appropriate warranty fom1. We have enclosed a perfommnce warranty form with this letter for your use. PLEASE NOTE THAT MINI:\'G OPER<\TIONS MAY NOT COMMENCE UNTIL A PERLVIIT HAS BEEN ISSUED BY THE DIVISION AFTER RECEIPT OF YOUR Fl:\'ANCIAL WARRANTY AND PERFORMANCE WARRANTY. A PERMIT WILL NOT BE ISSUED UNTIL WE VERIFY THE ADEQUACY OF BOTH YOUR FINANCIAL WARRANTY AND PERFORMA.i'l'CE WARRANTY. If you have any questions, please contact me (970) 243-6368. Sincerely, ,,£, _,J_ L.1..---'" Environmental Protection Specialist Enclosure cc: Amanda Jacobs, Cordilleran Compliance Services Carl 0Mount, DRMS Office of 1\-\ined land Reclamation Office of Active and Inactive Mines -4- If the Board shall notify the W an:antor that the Operator is in defaull, and if the Boord shall initiate any Financial W a..-ranty forfeiture pr~edures n!quired by law or regulation, the Warrantor may, in lieu of making payment to the Board of the amount due hereunder, cause the reclamation to be iimcly performed in accordance "'ith all requirements of the Act and all applicable rules and regulations. Jn such event, when and if the redamatinnhas been timely performed to the satisfaction of the Board or Division, 1his Financial Wammty shall be released. If the reclamation shall not be so perfonned to the satisfaction of ihe Board or Division, this Financial Warranty shall remain in full force and effect. This Financial Warranty shall be subject to forfeiturewheneverlhe Board detennines that anyone or more of the following circumstances exist: 1. A Cease and Desist Order entered pursuant to Section 34-32·124ofthe Act has been vioiated, and the wrrective action proposed in such Order ha5 not been completed, although ample time to have done so has elaJ>$ed; or ' The Operator is in default under its Perfonnance Warranty, and such default has not been cured, although written notice and ample time to ~ute such default has been given; or 3. The Operator and/or the W 3lTillltor has fuiled to maintain its Financial Warranty in good standing as required by the Act; or 4, The Warrantorno longer has the fmancial a))i!ityto carry out its obligations in accordance with the Acl The dcs~'ription oflands here.in is for ~onvenietice of reference only, and no errGi in such description, nor any m>ision of the permitted mining area, nor the disturbance by the Operator of lands outside of the permitted mining area shall alter or diminish the obligations of the Operator and/or Warrantor hereunder, which shall extend to the reclamation of all such lands disturbed. lftliis Financial Warranty applies to National Forest System lands, and ifthfa Financial Warranty is accepted by fue United States F<m:st Service ("U.S.F.S.')nsthe bond required under 36 C.F.R. 228.13, then theOpetator, having req11e5ted that the Board and the U.S.F.S. accept this sfugle Financial Warranty in lieu of foe separate brm& which would otherwise be required by applicable law, hereby agrees that, notwithstanding any other provision hereof, or of law, this FinancilJI W ammty shall remain in full fcm:eandeffect lllltil U.S.F.S. has advised the Board by written notice that the Operator's obligations to U.S.F.S., for which this Warranty is ex.xuted, have been satisfied, and until!he financial warranty has been relc<.sed by the Board. lf!his Financial Warranty applies to lands under the jurisdiction ofthe State Board of Land Comnrissioners ("Land Board"), ;md if this Fin;mcial Wammly, in whole or in part, is accepted by the Lm1d Board as the bond required under its appiicable law and procednrus, then the Operator, having requested that the State acccpi this Financial Warranty in lieu of the separate bonds which would <.1therwhe be required by the Colorado Mined .Land Reclamation Board or Di>ision of Reclamation, :Mining and Safety and by the.LmJd Board, hereby agrees that, notwithsta.'lding a.fly other provision hereof, oroflaw, tltis Financial Warranty shall remain fa full force and effect until the Board is notified in writing by the I.and Board that the Operator's obligations to the Land Boar<l, for which this Warranty is executed, have been satisfied, ~nd until the financial warranty has been released by the Board. [fall Qr any p<.rt of the Affected Lands am under the jurisdiction of tl:ie Bureau of Lmd Management, United States Depa.-tment of the k1terior (the "BLM"), and if, at the request of the Qr.erator on this Financial Warranty, the BLM has, pursuanno 43 CF.R. 3809. l-9, acccp1e<l this Fimincial Warranty in lieu of requiring a separate reclamation bond payable lo the lJnitetl States 1 then~ not\~'ithstandLng. any other prD\'isioa 3f tliis Financial Wa.-ran.t-1~ {.1; of law~ the O.f:..-"'Cratcr and 1iVarrant0r hereby agree that this Financial ·~Narrai1.ty shall not be released untHthc Board is adv1se<l ln writing try the BL?vi STf~E OF COLORADO .. ~ .... -··-----·------ OJYJSION OF RKlAMA TION, MINING ANO SAFETY Dep.arrmer.1 of Natur.a! Resoun:e~ !]13 S~rman St., Room .215 CO lO RADO Denver, Colorado 80203 Phor.e: (3031 B-66-3567 FM: (J-031832-11106 Operator: Operation: PcrmitNo.: Warrantor: Street: City: State: FINANCIAL WARRANTY CORPOR4.TE SURETY D!Y1St0,'\l OF RECLAMATION, M.JN!NG ' -&- SAFETY B :JI O\"tCni Go¥emar Rt.:~.ell G!"\TI"ge t:xoo.<6ve l:>irectcr Rori3kJ V'\I'. C<ittiiny Dh'isioo O:n:<.tt.'1 Nat:..ital Rt-:!Ot1tce Tr;.i<;tee Chevron Shale_Qil Com_p§lny, a Divisi_on of Chevron ~:SA Inc_. __ _ North Cl~9r Creek Construction Materials_Mine ____ -·--··--- M-2006-039 Bond No.: .. 103312829-00~~------- _J::r~velers Casualty an~.~-urety Company of America 225 Lennpn Lane. Suite 200 WalnL1t Cree~----···---··---- California Zip Co<le: 94598 Area Co<lc: ~(9_2_5~) __ _ _ __ Telephone: 945-4122 ----·----·--- This form has been appmved by the Mined Land Reclamation Board pnrsuantto sections 34-32-117, C.R.S., cf the MiJU!d L11.11d Reclamation .4.ci and 34-32.5-11'!, C.R.8., of the Colorado.Land Redamati()n Al'f for the ExtractioJJ ()f Construct/011 ilfaterials. Any alteratio11 (lf. ll!Odiflcation of this fonn, without appr()Vai hy the Board shall result in tile financial warr11my being invalid and result in the voiding of a11.ypertnit issued in conjunction with such in.vill.id financial warranty mu/ subject the operator to cease anrf desist orders and civil penalties for operating without a permit pursuant to sectio11s 34--32-123, C.R.S., of the Mined Land Reclamation Act and 34-32.5-113, C.R.S,, 1.tf the Colvradi> Land Reclamation Act for the Ext;action of Construction Materi11.is. KNOW ALL MEN BY THESE PRESENl'S, THAT: 'i\IHER~SAS, the Colorndo Mined Land Reclamation Act, C.R.S. ! 973, 34-32-1 Ol Qi seu. (the "Act"), as amended, provides that no pcnnit may be issued under the Act until the Mined bnd Reclamation Board (ihe ''Board") receives a Financial Warranty (or \'larranties) as dcscrib.ed in the Act. Chevron Sale Oil Company, WHEREAS, _a.lliil.isi.on_o.f ChevrQTI..1,J.SA lnQ... .. ... --..... _(the "Opernior"), a ..... P.ennsylvani.a ____ ....... . North Clear Creek Construction corporacion, has appiicd ibr a permit to conduct a mining operation known as Matsrla.l.s .. Mine ·-···--·-··--(L'le ----····· (;cunty~ Colorado_. ·1·hcse lands are described in the WHEREAS, in the applicJtion for the pennit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, in the application for the permit, the Operator has agreed with the Board to provide for reclamation of the Affected Lands that are now, or may become, subject to.the pm:nit, as required by law. WHEREAS, the Operator and _.Traveler2 Casualty and Surety C9_mpany of America. (the "Warrantor"), a corporation organized and existing under the laws of the State of Connect[gut and duly authorized to transact a bonding and >un.1y busin1:SS in the State of Colorado are hereby and fimtly bound unto the State in the sum of Thirty Six Thousand Nine Hundred ThT.~ Dollars($ 36.939.00 ) for tht: life of mine or until such time as replacement is recei ve<l, for the paymellt of which 5um, \Vell and truly made, we bercl>y bind ourselves and our personal representatives, successors and assigns, jointly and severally, fitmly by these presents. WHEREAS, tbe Board has determined, in accordance with the Act, that the estimated costs of reclamation of the Affected Lands are those amount~.forihe stated periods of time as >et forth herein. Said amount may be amendtdfrom time to time to.reflect revised estimates of said costs ofreclaniation. WHEREAS, the Operator and the Wmantor, in accordance with the Act, has promised and here])ypromises the Board that it v,ill be tesponsib!e for al! the estimated costs of reclamation i;,ith regard to the Affected Lands. WHEREAS, the Board has determined that this Financial Warranty by the W mnmtor equals the es ti.mated costs of reclamation, M upproved by the Board, with regard to the Affected Lands. NOW, THEREFORE, the Operator and the Warra.ntorare held hereby firmly unto the Stale of Colorado in the amount . of those sums for those periods Qf time as set forth herein, until this Financial Warranly is amended nr rele=d in accordance with applicable law. The Board may, for good cause showr,, increase or de<,Tea~e the amount and <:luration of this .Financial Warranty. The Operator shall have sixty (60) days 3fter tlie date ofnotice ofany such adjm;trnent to iilcrease the surety amount, but no such increase shall bind the Wanantor unless a_rid until it shal! have consented thereto in v-rriting by the issuance of a.'1 additional Fin:mdal Warranty or by an. endorsement to tl\is Financial Warranty. The Oj)crator and the Warrantor shall notify tl.ie Board inuuediarely of any event which m.ay impair this Fina.>cial 'Warranty. lf the Board receives such notice, or otherwise has reason to believe tliat this Financial Wammty has been materially impaired, ii may convene a he&ing in accordance with the Act for the purpose ofdetermining whether impairment has occmred. TI1e ob!igatioh of the Operator and the Warnmtor H.hali continue until the Board has rele;ised this Financial Warranty or has ordered it forfeited in accordance with applicable provisions of the Act. lt is understood t'lat periods of years may necessarily be required before detennimtion can be made that reclamation of the AITected Lands has been satisfactorily completed. It is abo recog,>izcd that, as reclamation is accomplished., the amount of this Financial Warrrmly may be reduced with the approval of the Board so tl1at it reflect& the then current estimated cost oflhe remaining rcclamuiion of !.h.e Affected Lands. No revision,. extensioil~ or rene\v:tl of the per:n)t~ or of the tim.e a1hJ•,ved to comptC;te reciamatll)TI., sha1l dim3n1sh t11e Operator\ or \V lrra.~tor1s obHgation under this _Financial \\"a.--ranty. ·No n1isr<1fl'resentation by the Ope;ator Yvhic-h may hav£:: ind11crd !ht": \\/arraJ1tor to exerute this Financial W ai.--rai1ty shaH b{'. uny defer1se to den·llnd by the State under this }l.grce1nent. . 3. In any single year during the life of the permit, the amount oflbe Financial Warranty shall not exceed the estimated cost of fully reclaiming all lan.ds to be affected in said year, plus all !ands affected in previous pennit years <md not yet fully reclaimed. Reclamation C<)Sts shall be computed with reference to current reclamation costs. The amount of this Fi.nancial Warranty is based upon estimates as to the cost of reclamation, and does not operate to liquidate, limit, enlarge or restrict the Operator's obligations to complete reclamation and to comply in all respects with the pennit and with applicable laws and rei,111ations govLmiogrecla:nation, even though the actual cost thereof may substantially exceed the amount of this Financial Warranty. The Warrantor shall not be liable under this Fimmcial Warranty for an amou.'ltgreaterthm the sum designated herein, unless increased by a latet amendment to this Financial Whrranty. This Financial Warranty shall be reviewed by the Boo.rd from time to time, and tbe Board may require an increase in the principal sum of this Financial Warrant<; (and a corresponding increase in the surety amount) ti) cover increases in the estimated costs of reclamation, but no such increase shall bind the Wilrrantorunless and llntilit shall have consented thereto in v.rriting by th() issuance of an a.dditional Financial Warranty or by an endorsement to this Financial Warranty. Tne WarrantorrescrveHhe right to cancelthis Fin©:Jcial Warranty, efl:'ectiw only upon mi anniversary date, and only by giving written notice to that effect, mailed by Certified Mail, at. least ninety (90) days prior to such anniversary date, addressed tobcththe Operator at its address herein stated, and to the 13-0ard at the add:tess herein stated. In the event of such cancellation, this Financial Warranty shall nevertheless remain in full force lllld effect as respects the n.'C!anmtion of all areas disturbed prior to the effu:tive date of such cancelfation, unless and until the Operator shall file a substitute Financial Wmanty which; (1) assumes liabiliiy for all reclamation obligations which shall.have arisen at anytime while this Financial Warranty is in force; and (2) is accepted in writing by the Board. 1n the event of such =cellation, if the Financial Warranty is not fully refoas~-d, the amount of the continuing Financial Wammty available for the reclmniltion of areas disturbed and unreclaimed at the <late of cancellation shall be fixed by.the Board at the amount it determines necessa.-y to cornpl~te sud1 reclarnatilm (which amount may not exceed the sum designated herein) and the Bol!Td shall concurrenily identify such areas in v.rriting, and notify the Warrantor and the Operator thereof. Thereafter, the obligation of the Vlarrantor shall be limited to reclamation ofthe areas so identified. The L'tmsideratfon forthe W'an'antor's execution of this agreement is the promise of the Operator to pay the premiums, but failure by the Operator to.pay such premiums shall not invalidate or diminish the Warrantor's obligation hereunder. The Board may make demand upon lhc Warrantor for payment hereunder if the Board detemlines 1hat reclarnation which ought to M.ve been performed by the Operator, or its successors or assigns, remains 1111performcd, a,1d if Financial Warranty forfeiture procedures required by law have been ini1iated. No other condition precedent need oe ti.llfillcd to entitle the State io receive the amoW1.t so dcmMded. However, it: upon completion of redamation by the Staie, the amounts expended for reclamation shall be less than the amount ;eceived from the Warr;mtor, the exceSI; sha.!l be promptly refunded to the W a.-rantor. if demand is made upon the Warrantor for payment of an amount due to the Board hereunder, and if the Warrantor fails to make payment of such amount within ninety (90) days after the date of receipt of such demand, or if it should thereafter be ddermined,byagreemrntofthc Warrantor or by final judgment of cotin, that the amount demanded was properly payable, the Warrantor agrem; to pay to the Board, in addition to the amount demanded, interns!. at 1he nrime ratein effecHfom time to time at The United Bank of Denver for the period commendng at the end ~f such ninety-day period and ending on the date of actual payment. -4- ifthe Board shall notify the Warrantor that the Opl>ratoris in default, and if the Boord shall initiate any Financial Wa.-;:anty forfeiture pn)(:edures rtquired by law or regulation, !he Warrantor may, in lieu of making payment to the Board of the amount due hereunder, cause the reclrunation to be timely performed i.i1. accwdance \>ith all requirements of !he Act and all applicable rotes and regulations. Jn such event, when and if fue reclamation has been timely performed to the satisfaction of the Board or Division, this Financial Warranty shall be released. If the reclamation shall not be so perfonned to the satisfaction of lhe Board or Division, this Financial Warranty shall remain in full force and effect. This Financial Warranty shall be subject to forfeiture whenever the Board detl'11llines that any one or more of the following circumstances exist: 1. A Cease and Desist Order entered pursuant to Section 34-32·124 of the Act has been violated, and the clmective action proposed in such Order ha5 not been completed, although ample time to have done so has elapsed; or ? The Operator is in default under tis Performance Warranty, and such default has not been cured, although written notice and ample time to ~ute such default has been given; or 3. The Operator and/or the W ammtor has failed to maintain its Financial Warranty in good standing as required by theAet; or 4, The Warrantornolongerhas the fmandal al)ililyto ~arry out its obligations in accordanre with the Act. The dcsi..Tiption oflands herein is for convenience Gf reference only, and no erroi in such description, nor any re>~sion of the permitted mining area, nor the disturbance by th;; Operator of lands outside of the permitted mining area shall alter or diminish the obligations <Yf \he Operator and! or W anantor hereunder, which shall extend to the reclamation of all such lands disturbed. If this Financial Wammty applies.toNational Forest System lands, and if this Financial Warranty is accept~d by the United States f-On!st Service ("U.S.F.S.") as the bond required under 36C.F.R. 228.13, tl1en theOpet:litor, having requeS\ed 1hatthe Board and the U.S.F.S. accept this single Financial Warranty in lieu of the separate blmds which would otl1erwise be required by applicable law, hereby agrecsthat, notwithstanding any other provision hereof, or oflaw, this Financitll W ammty shall remain in full force and effect untilU.S.F.S. has advised the Board by written notice that the Operator's obligations to U.S.F.S., for which this Warranty is executed, have been satisffod, and until the .financial warranty has been relewed by the Board. lf this Financial Warranty applies to lands under the jurisdiction ofthe State Board of Lmd Commissioncrs ("Land Board"), mi<l if this Firnmcial Warranty, in wh-01e or in part, isaccepted by the Land Board as the bond required under its applicable law and procedures, then the Operator, having requested that the State accept this Ffoancfal Wammtyin lieu of di.e separate bonds which would i.>therwise be required by the Colorado Mined .Land Reclamation Board or Division of Reclamation, Mining and Sai'ety and by the Land Board, hereby agrees that, notwithstandinga.riy other provi:;ion hereof, or (Jflaw, this Financial Warranty shall remain fa full force and effect until the Board is notified in writing by the I.and Board that the Operator's obligations to the Land Boar<l, for which this Warranty is executed, have wen safofied, and until the financial warranty has been released by the Board. lf all or any part of tbe Affected Lands are under the jurisdiction of the Bureau of Land Management, United States Depa.-tsnent of the Interior (the "BLM"), and if, at ;he request of the Ope!<ltor on this Financial Warranty, the 3LM has, pursuant to 43 C.F.R. 3809.1-9, accep1e<l this Financial Wammty in lieu of reqlliring aseµarnte reclamation bond payable 1o the lJnitetl States, then,, 11ot\vithstandi:ng-any other pruvision of this Financial Wa.rr:.mty. {)I of law: the O_perator and Warrantor herehy agree that this Financial ·~Narran.ty sh.all not be released untH the Boaxd is advlse<l in writing }yy the BL?vI -s - that the Operntor's obligations to the BLM, for whioh this Wmnnty is executed, have been salisfie<l, and until the financial warranty has been released by the Board. This Financial Warranty may be executed in multiple copies, each of which shall be tn:ated as an origiuaj, b1,1t together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of ihe State of Coiorado. TI1e pro,isions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. SIGNED. SEALED Ai"ID DATED this _1_ot_h __ day of ___ No_v_em_be_r _ ....... ,. ____ , _,,_20"'0""6 __ . Travelers Casualty and Surety Company of America (SEAL) Warrantor . -~--- By: y--, ---<1';-y------·_· ___ _ Katherine G. z;·!:!.9Unian, Attorney-in-Fact Chevron Shale Oil Company. a Division of Chevron U.S.A. Inc. {SEAL) ,. .. -?t ,-• /l .. /''l/-"j/ ( . By:_ I " L//_1.k: ____ >--~-=------ Operator R.C. Gordan, "Assistant Treasurer I NOTARIZATION OF WARRANTOR'S AC~OWLEDGEMKNT STATE OF California ) ) ss. COl;'NTY OF San F._rancisco ) The foregoirtg instrument was nclamwledged before me this 1 Oth day of November . ·····-' ... ~.0._()6 __ , by.. Kath~rine G. Zerounian as Attorney-In-Fact Travelers Casualty and Surety Company of .. QLAm~rLc... . ,/ NO-r~~~{& ::~'':~-;-:n-:-·----- My Commission expires: Ap_ri_l 9_._z_o'_,o ___ _ -6 - NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT STATE OF···-·--- COUNTY OF --- ) SS. ___ ) The foregoing instrument was acknowledged before me this ___ day of_ ........................ ----'-···-.. ····--' by _______ as of ______ _ _________ ....... -- NOTARY PUBLIC My Commission expires: __ _ APPROVED: State of Colorw.o Mfaed Land Reclamation Board Division ofRedamation, Mining and Safuty By: ____ _ Division Director ---------Date:-------- WAAN!NG:THiS POWER OF ATIORNEY IS INVAUD WITHOUT THE RED BORDER Attorney-Jn Fact No. POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guarn.nty Insurance Company Fidelity and Guaranty Insurance Underwriters. Inc. Seaboard Surety Company St. Paul Fire and ~Iarine Insurance Company St. Paul Guardian Insurance Con1pany St. Paul ~Icrcury Insurance Company Travelers Casualty and Surety Compan~· Travelers Casualty and Surety Con1pany of America United States Fidelity and Guaranty Company Certificate No. Q Q Q 9 5 7 ] Q 8 KNOW ALL NIEN BY THESE PRESENTS: Th:tt Seaboard Surely Company is a corporaiion duly organized under the k:iws of the State of New York. that Sc. Paul Fire and Marine Insurance Company. St. P<1ul Guardian Insurance Company and St. Puul Mercury Insurnnce Company are corporation:>; duly organized under the laws of rhe State of lVIinnesota, that Fannington CasuaJ[y Company. Tra\"elers Casualty and Surety Company. and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut. that 1.:nited States Fidelity and Guarnnty Company is a corporntion duly organized under the laws of the State of Marylund. that Fidelity and Guarnruy Insurance Com puny is u corporation duly organized under the Jaws of 1he State of Iowa. and that Fidelity and Guarnnty Insurance Underwrite~. Inc. is u corporatiort duly t)rganized under the l::i.ws of the Sime of \Visconsin {herein collectiv!!y called the '·Companies"). and th<1t the Companies do hereby make. constitute and appoim John T. L~uieri. i\1ark Ropr\l. Paul Rodriguez. Katl1..:rin..: G. Z..:rouni:m. and To1n Br:mi~~rn of the City of S.'.ln Franci.seo . State t)i C:.ilifornia . their true and lawful Attorney(s)-in-Facr. each in their ~ep:irate capacity if more than one i~ named abo\'e. to sign. e."<ecute. se~1\ and acknowledge any and a!I bonds. recognizances. conditional untlenakings and other writings obligatory in the nature 1hereof 011 behalf of the Companies in their bu.~incss of guaranteeing the fidelity of persons, guarnnreeing the performance or contracts and executing or guaranteeing bonds und undertakings required or permitted in any actions or proceedings 11l!owed by law. 19th IN \YITNf~~e'VHEREOF. the Comp~PJ\16 have c<1used this instrument lo be signed and their corpora1e-seab w be herett) affixed. this----------- day of ·---· ~ ~ 1sn~ :'&, ~ Sta~e of Conn.:ciict•~ City of Hanford"'· Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company ® :.ti~iy~ ,....;~~··!!t<t1' ~81 ~ .... ,;,. -)~: SE il.Lh:.J . ~~OF:l"tt~ .;·~····-·-i~~/ 's. k11 ,,.· ""-"-- By: St. Paul Guardian Insurance Con1pany St. Paul i\•Jercury Insurance Con1pany Travelers Casualty and Surety Company TraYelers Casualty and Surety Company of America United States Fidelity and Guaranty Co111pany . .-....... ~~·-df"~ QiiKS11~:-.... fi[~;~~~;;\~j ~' . . ~~ o: HAA'iFORO, ... ~s~;y; 1. wm. 8 "':i;·-.. ;~ .. ·~ ... .,.'" f .. ~ "~ . ~'/-... -· - i91h Jun=: 1 006 On this the day l'f - . before m~ pasonal!y .ippeared George \V. 'nompsor. who ucknowiedged himse:f to be the Senior Vice ?residenl of f;mnington C<isualry Company. Fi<l::lity and Guaranty Insurance Company. Fidelity and Guan:mty Insurance Underwriters. Inc .. Senboard Surely Company, St. Paul Fire and :'.1arine Insurance Company. St. Paul Guurdian Insurance Company. St. Paul Mercury fnsunmce Company. Tr::iveh:!rS Ca;;ualty and Surety Company. Tr::i~·elers Casual!)' und Surety Company of Americ;i. :md United Stall!:\ Fidelity and Guar~nty Company. and rhat he, as such. being authorized so to do. e:-;ecuted the foregoing ins1rume:i1 for the purposes therein c.:ornai ned by signing on beh:1lf of the corporations by himself as a duly authorized officer. In \Vitncss \Vher'!of, l hercunm '>et my hand an<l \i!li.:ial :.ea!. My Commi~<>ion :'.xpires tile .101h d;:y of Jun~. 20 ! !. This Power ;;f .;l.,1:omcy is granted under anJ by ihc .iuihoricy of the following resoiu:ions ;idopted by the Boards of Directors of F;\rmington Casualty C01npany. Fide!i1y :mJ Gu2ramy !nsurance Company. Fideiiiy n.nd Guara;ity insurance L'nderwriters. Inc., Seaboard Surety Company. S:. Paul Fire J.nd M:J.rine lnsunmce Company. 51. P::rni Guardian Insurance Comp:my. St. ?;Jul :\1e;cury liisurnnce Company, Travelers Casualty r,nd Surery Company. Trnxelers Casualty and Surety Company of America. and l;nited Stines Fidelity und Gullranty Company. which resolutions are now in full force and effect. reading as foilows: RESOLVED. thm ;he Chairman. th;; Presideni. :my Vice Chairrn::rn. any Executive Vice. President ai1y Se;;.ior Vice President, any Vice President, any Second Vice President, the Treasurer. any Assistant T;ea~urer. the Corpornte Secretary or ;my Assistant Secretary may appoint Attorneys· in-Fact und Agents to act for and on behalf of the Company and may give such appointee ~uch authority as his or her certificate of authority may prescribe to sign with the Company·s name and seal with the Company\ seal bond~. recognizances. con:;ucts of indemnity, and other writings obligatorf in the nature of a bond, recognizance. or conditional undertaking, and any of said officers or 1he Board of Directors ai any time may remove any such appointee and re..-oke the power given him or her: and it is FURTHER RESOLVED. that the Chairman. the P;esident, any Vice Chainnan. any Executive Vice President, any Senior Vice President or any Vice President may delegaie al! or ~my part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in t!-ie office of the Secretary: end it is FURTHER RESOLVED. that any Oond. recogniz;:mce. contract of indemnity. or writing obligatory in the nature ofa bond, recognizance, or conditional undertaking shall be \·al id and binding upon the Company when (a) signed by the President. any Vice Chairman, any Executive Vice President. any Senior Vice President or any Vice President, any Second Vice Presi<lem. the Treasurer, any Assistant Treasurer, the Corporate Secretary Oi any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or As;;iq:!.nl Secretar;·: or (b) duly executed {under seai, if required) by one o; more Anomeys-in-Facl and Agents pursuant to the power pre~cribed in his or her cenificme or iheir certific;nes of authority or by one or more Company officers pursuant to a wrinen deiegation of authority: and it is FURTHER RESOLVED. thai the signature of each of the following officers: President, any Execmive Vice President. any Senior Vice President. any Vice Presiden1. •my Assis1:mt Vice President, any Secretary, any Assisian! Secretary. and the seai of the Company may be affixed by facsimile to any power of attorney or to any certificate relming thereto appoiming Resident Vice Presidems, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and othe; writings obligatory in the f"!Uture thereof. nod any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon !he Comp:my :md any such power so executed and cenified by such facsimile signature and facsimile seal shall be valid and binding on the Compllny in the future wi1h respect to any bond or u;"Jdersrn.nding to which it is attached. I. Kori M. Johanson, the undersigned, Assistant Secgtary, of Farmington Casualty Company, Fidelily and Guaranty Insurance Company, Fideli1y and Guarnilty Insurance "Cndcnvrii~rs. Inc .. Seaboard Surely Company, St. Paul Fire ::md Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. T;avekrs Casualty ;.md Surety Company. Travelers Casualty and Surety Company of America. and United States Fidelity and Guarnnty Company do hereby cenify that the at'love •~nd foregoing is a true and correc! copy of !he Power of Atmrney executed by said Companies. which is in full force and effect and hlls not been revoked. IN TESTiiV10NY WHEREOF, [ have hereu;;10 5et my hund n.nd affixed the seals of said Companies this 1 OTH day of_~N~O~V~E~M~B~E~R~--· 20 QQ_. Kori M. Johans Tn ''eri.'; the au~h~:iliti>j ,-{ ;h;:; p,1w<!r ,·;f Annmey. c~:l !-Sf:0-421-3880 er conrn:::i: U<; m ,_,,·;;;·,., ~1;xn:ltn;;·e1;:0bo;:;d.cor;; Plec;se ;.~fer I.'.' <he :1.tt0rney-In·F<~,:1. r.umbe:. :he :.:.bov.::-r.ri.r,1,;:d i:1dividu;i!;: 2nd ihe detail;: ci fr!e bo;;ri to whi:h t:1e po-,.ve1 is attached. State of California r , County of o r.-~ I r. On il//?, /O);:; before me. -/ Dete/ personally appeared -------~il2~~--~C~~...,,=="G-7'!c, c""'s.--~,,.J~-~~~~~---------­ Nama(sJ of s;gner(s) Place No:a;y Sea! ,11bove ';._/' ·_c:.peisonally knovvn to me ,,..,,, .... ~~ (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behaii of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. .------. _,/ ?-? ·----···-··· .. OPTIONAL------------------ 11:ougll ti'1e information befow is nor required by law, it may prove valuabfe to persons retying on the document and could prevent fraudulent ren1ova/ and reattachment of this term to another document. Description of Attached Document Title or Type of Document: II/ ""./u 1 I L.;-Document Date: ----r/ ____ ,,,__ __ ~/O _________ Number of Pages:----~="----- ' I s;gner(s) Other Than Named Abov3: )~~-C>:>pc.r2t::i Ofiic-~r -::t:e(s;: ?c.rtner -::.= Urni~·sd ;3:::;-:s~2J --. .:i.ttorney in Fact T;ustee Guardian or Conservator Other: I :=Attorney in Fact .:=Trustee =:Guardian o: Conserva~.Jr = Othe;: ------------ s;gner fs Re;Jressnting: STATE OF COLORADO DIVISION OF REC!AMATION, MINING AND SAFETY Depanment of Natural Resources 1313 Sherman St, Room 21 5 Denver, Colorado 80203 Phone' (3031 866-3561 FAX, 13031 832~106 PERFORMANCE WARRANTY Operator: Chevron Shale Oil Company, a division of Chevron U.S.A. Inc. Operation: North Clear Creek Construction Materials Mine PennitNo: M-2006- COLORADO DIVISION Of RECLAMATION MINING -&- SAFETY Bill Owens Governor Russell George Executive Director Ronald W. Cattany Division Director Natural Re;ource Trustee This form has been approved by the Mined Land Redamation Board pursuant to sections 34-32-117, C.R.S., of the Mined Land Reclamation Act and 34-32.5-117, C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form, without approval by the Board shall result in the financial warranty being invalid and result in the voiding of any permit issued in conjunction with such invalid financial warranty and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to sections 34-32-123, C.R.S., of the Mined Land Reclamation Act and 34-32.5-123, C.R.S., of the Colnrado Land Reclamation Act for the Extraction of Construction Materials. KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 ~fill!!. (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 ~fill\!-(the "Act"), as amended, provides that no pennit may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, Chevron Shale Oil Company, a division of Chevron U.SA. Inc. (the "Operator"), has applied for a permit to conduct a mining operation known as North Clear Creek Construction Materials Mine (the "Operation") on certain lands in Garfield County, Colorado. These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Garfield Countywhicharcnowormaybecomc subject to the pennit are those amounts for the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. Office of Office of 1\.\incd Land Redamation Active and Inactive ,'v\.inP.s - 2 - WHEREAS, the Operator hereby gives the Board a perfonnance warranty pursuant to Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands. NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all applicable requirements of the Act and rules and regulations of the Board with respect to the Affected Lands. FURTHER, the Operator hereby promises the Board that it will comply with all of the terms of the application for a pennit, as amended and supplemented, as well as any conditions attached to the pennit by the Board. FURTHER, the Operator promises the Board, pursuant to 34-32-l l2(2)(d) or 34-32.5-112(1 )(c)(iv) of the Act, that it has the lawful authority to enterupon the Affected Lands to conduct mining operations, including, but not limited to, reclamation. The Operator further recognizes the right of the Board to enter to reclaim lands affected by the operation. The description oflands herein is for convenience ofreference only, and no error in such description, nor any revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the permitted mining area shall alter or diminish the Operator's obligation hereunder, which shall extend to the reclamation of all such lands disturbed. The obligation of the Operator hereunder is such that, if the Operator shall successfully comply with the requirements of the Act, applicable rules and regulations, and the pennit, then the Board, upon a fmding that the Operator has so complied, shall release this perfonnance warranty, and the Operator from its obligation hereunder, to the extent that the Board detennines that such compliance has been accomplished. The obligation of the Operator hereunder shall continue until released in whole or in part by the Board in accordance with applicable law. In further satisfaction of the requirements of the Act, the Operator promises to be responsible for the cost of reclamation up to the amount established by the Board and has attached hereto its financial warranty, which may be amended from time to time. The Operator agrees that it will maintain a financial warranty (or warranties) for the estimated costs ofreclamation in good standing for the entire life of the permit. Please note that under the provisions of the Colorado Mined Land Reclamation Act and the Colorado Land Reclamation Act for the Extraction of Construction Materials, any Applicant or Operator that submits proof, acceptable to the Board or Division of Reclamation, Mining and Safety, that an Applicant or Operator is a unit of County or Municipal government, or is a department or division of State government, the Applicant or Operator is not required to submit or post any other instrument of financial responsibility but hereby promises to be responsible for the cost of reclamation up to the amount specified by the Board. If the Board determines that the Operator is in default under this perfonnance warranty and has failed to cure such default, although written notice of such default and ample time to cure such default have been given, the Operator's financial warranty shall be subject to forfeiture. This perfonnance warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. -3- The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors -and assigns. SIGNED, SEALED AND DATED this ....:3:.:.D __ day of November • 2006 Chevron Shale Oil Company, a division of Chevron U.S.A. lnc(SEAL) Operator By:U!v&~ Title: Regulatory Specialist NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT STATEOF 'fr"ftt.S ) SS. COUNTY OF t:il'1J£1Z.U l • The foregoing instrument was acknowledged before me this 31J~ day of /t/tJ~ , ~ iJ ~ by tfM1t1.lfk vtJ-JA!.,by.,._ as ~~JIJ«:(ddtor CliWCM Rh.v!t. Oi/ ,5! wtpA....{,~~ A dt1//J11M rf nM U ,fl.. +.,ic_ • ~ ~ '""""" ~< ~ ;;,'~~~!.rr~ij,,,,,, EtAJNE J. GRABER ~ A_. l ,n:;Jl:,'.;h Notary Public, State ofTexas NOTARY PUBLIC ~ .... ;'.·.~··:;..¥ My Commission Expires ' ~J:1ir,~:~~;,... September 30, 2008 My Commission expires: fr 3/J-t).f APPROVED: State of Colorado Mined Land Reclamation Board Division of Reclamation, Mining and Safety Division Director STATE OF COLOMDO Bill Ritter, Jr., Governor James B. Martin, Executive Director 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. Phone (303) 692-2000 Denver, Colorado 80230-6928 TDD Line (303) 691-7700 (303) 692-3090 Located in Glendale, Colorado http://www.cdphe.state.co. us June 20, 2007 Michael De Berry, Piceance Ops Mgr Chevron USA Inc, Hector E. Cavazos 1I11 I S. Wilcrest P.O. Box 36366 Houston, TX 77099 970/257-6005 RE: Final Permit, Colorado Discharge Permit System -Stormwater Certification No: COR-037787 Local Contact: Dear Sir or Madam: Skinner Ridge Natural Gas Wells Garfield County George Badovinatz, Ops Super 970/257-6002 Colorado Department of Public Health and Environment Enclosed please find a copy of the new permit and certification which have been re-issued to you under the Colorado Water Quality Control Act. · · Your old permit expires on June 30, 2007. This is a renewal to the permit, and replaces the old one. See page 2 of the Rationale (the pages in italics) for a summary of the changes to the permit. .~ .. - your Certification under the permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of the permit. Please read the permit and certification. If you have any questions please visit our website at : www.cdphe.state.co.us/wq/permitsunit/stormwater or contact Matt Czahor at (303) 692-35 I 7. Sincerely, wlf5 D~-- Kathryn Dolan Stormwater Program Coordinator Pennits Unit WATER QUALITY CONTROL DIVISION xc: Regional Council of Governments Local County Health Department District Engineer, Technical Services, WQCD Permit File STATE OF COLOMDO COLORADO DEPARTMENT OF PUBLIC HEAL TH AND ENVIRONMENT WATER QUALITY CONTROL DIVISION TELEPHONE: (303) 692-3500 CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COR-030000 STORMWATER DISCHARGES AS SOCIA TED WITH CONSTRUCTION Certification Number COR037787 This Certification to Discharge specifically authorizes: Chevron USA Inc LEGAL CONTACT: Michael De Berry, Piceance Ops Mgr Chevron USA Inc 11111 S. Wilcrest P.O. Box 36366 Houston, TX 77099 Phone# 9701257-6005 LOCAL CONTACT: George Badovinatz, Ops Super, Phone # 9701257-6002 During the Construction Activity: Gas/Oil Field Exploration and/or Development to discharge stormwater from the facility identified as Skinner Ridge Natural Gas Wells which is located at: to: --Tom Creek Tom Creek in Skinner Ridge area. Garfield County, Co Latitude 39.5877, Longitude 108.3418 In Garfield County Anticipated Activity begins 02/07/2005 continuing through 06/07/2006 On 3.4 acres (18.0 acres disturbed) Certification is effective: 07/01/2007 Certification Expires: 06/30/2012 Annual Fee: $245.00 (DO NOT PAY NOW - A prorated bill will be sent shortly.) Page 1 of22 Page 2 of 22 Permit No. COR-030000 CDPS GENERAL PERMIT STORMW ATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY AUTHORIZATION TO DISCHARGE UNDER THE COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-10 I et seq., CRS, I 973 as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the "Act"), this permit authorizes the discharge of storm water associated with construction activities (and specific allowable non-stormwater discharges in accordance with Part I.D.3 of the permit) certified under this permit, from those locations specified throughout the State of Colorado to specified waters of the State. Such discharges shall be in accordance with the conditions of this permit. This permit specifically authorizes the facility listed on page I of this permit to discharge, as of this date, in accordance· with permit requirements and conditions set forth in Parts I and II hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit. This permit and the authorization to discharge shall expire at midnight, June 30, 2012. Issued and Signed this 3 I" day of May, 2007 COLORADO DEPARTMENT OF PUBLIC HEAL TH AND ENVIRONMENT Janet S. Kieler Permits Section Manager Water Quality Control Division SIGNED AND ISSUED MAY 31, 2007 EFFECTIVE JULY 1, 2007 TABLE OF CONTENTS PART! A. COVERAGE UNDER THIS PERMIT ....................................................................................................................................... 3 1. Authority to Discharge ............................................................... ,............................................................................. 3 a) Applicable Sections ................................................................................................................................. 3 b) Oil and Gas Construction........................................................................................................................ 3 2. Defmitions ... ... .... ...... .............. ... ............. ......... ... ... .... .. .... ...... .. ... ... . ... . ... . .. ... ... ................ ....... ..... ........ ......... .... ......... 3 3. Penni! Coverage Without Application .. Qualifying Local Programs ...................................................................... 3 a) Applicable Sections................................................................................................................................. 3 b) Local Agency Authority.......................................................................................................................... 4 c) Pennit Coverage Tennination ................................................................................................................. 4 d) Compliance with Qualifying Local Program .......................................................................................... 4 e) Full Pennit Applicability......................................................................................................................... 4 4. Application, Due Dates............................................................................................................................................ 4 a) Application Due Dates ............................................................................................................................ 4 b) Summary of Application ......................................................................................................................... 4 5. Pennit Certification Procedures ........ .................. ...... ............. ..... .................. ......................... ...... ...... .......... ... . ...... .. 4 a) Request for Additional Information ........................................................................................................ 4 b) Automatic Coverage................................................................................................................................ 5 c) Individual Penni! Required..................................................................................................................... 5 d) General vs. Individual Pennit Coverage ................................................................................................. 5 e) Local Agency Authority.......................................................................................................................... 5 6. Inactivation Notice ......................................................................................................... .................................... ...... 5 7. Transfer of Penni! ............................................................................................................................................... ...... 5 8. Reassignment of Pennit............ .......................................................................................................... .............. ... ..... 5 9. Sale of Residence to Homeowners ........................................................................................................................... 6 10. Penni! Expiration Date............................................................................................................................................. 6 11. Individual Permit Criteria......................................................................................................................................... 6 B. STORMWATERMANAGEMENT PLAN .. GENERAL REQUIREMENTS ........................................................................... 6 C. STORMWATER MANAGEMENT PLAN .. CONTENTS ............................................................ : ............................................ 7 1. Site Description........................................................................................................................................................ 7 2. Site Map................................................................................................................................................................... 7 3. Stonnwater Management Controls........................................................................................................................... 8 a) SWMP Administrator ............................................................................................................................... 8 b) Identification of Potential Pollutant Sources ............................................................................................ 8 c) Best Management Practices (BMPs) for Stormwater Pollution Prevention ......................................... : .. 8 4. Final Stabilization and Long-term Stormwater Management .................................................................................... 9 5. Inspection and Maintenance................................................................................................................................... 10 D. TERMS AND CONDITIONS ................................................. ........................... ........... ........ ..................... ............. .................. 10 1. General Limitations................................................................................................................................................ 10 2. BMP Implementation and Design Standards .......................................................................................................... 10 3. Prohibition ofNon-Stormwater Discharges........................................................................................................... 11 4. Releases in Excess of Reportable Quantities.......................................................................................................... 11 5. SWMP Requirements............................................................................................................................................. 11 a) SWMP Preparation and Implementation............................................................................................... 11 b) SWMP Retention Requirements........................................................................................................... 11 c) SWMP Review/Changes....................................................................................................................... 11 d) Responsive SWMP Changes................................................................................................................. 12 6. Inspections............................................................................................................................................................... 12 a) Minimum Inspection Schedule ............................................................................................................... 12 b) Inspection Requirements........................................................................................................................ 13 c) Required Actions Following Site Inspections ........................................................................................ 13 7. BMP Maintenance ............. ...... ........................ ...... ................ ........... .... ...... . .. ................ ....... ....... ..... ... ........ ... .. ... ... 13 8. Replacement and Failed BMPs ............................................................................................................................... 14 9. Reporting ................................................................................................................................................................. 14 -2a- TABLE OF CONTENTS (cont.) 10. SWMPAvailability ................................................................................................................................................. 14 II. Total MaximumDailyLoad(TMDL) ..................................................................................................................... 14 E. ADDITIONAL DEFINITIONS .................................................................................................................................................. 15 F. GENERAL REQUIREMENTS .................................................................................................................................................. 16 I. Signatory Requirements .......................................................................................................................................... 16 2. Retention of Records ............................................................................................................................................... 16 3. Monitoring ......... : ..................................................................................................................................................... 16 PARTII A. MANAGEMENT REQUIREMENTS ........................................................................................................................................ 17 I. Amending a Permit Certification ............................................................................................................................. 17 2. Special Notifications -Defmitions .......................................................................................................................... 17 3. Noncompliance Notification ................................................................................................................................... 17 4. Submission of Incorrect or Incomplete Information ............................................................................................... 18 5. Bypass ..................................................................................................................................................................... 18 6. Upsets ..................................................................................................................................................................... 18 7. Removed Substances ............................................................................................................................................... 18 8. Minimization of Adverse Impact ............................................................................................................................. 18 9. Reduction, Loss, or Failure of Stormwater Controls............................................................................................... 19 10. Proper Operation and Maintenance ......................................................................................................................... 19 B. RESPONSIBILITIES ................................................................................................................................................................. 19 I. Inspections and Right to Entry................................................................................................................................ 19 2. Duty to Provide Information ................................................................................................................................... 19 3. Transfer of Ownership or Control ........................................................................................................................... 19 4. Modification, Suspension, or Revocation of Permit By Division ........................................................................... 20 5. Permit Violations ..................................................................................................................................................... 21 6. Legal Responsibilities ............................................................................................................................................. 21 7. Severability ............................................................................................................................................................. 21 8. Renewal Application ............................................................................................................................................... 21 9. Confidentiality ......................................................................................................................................................... 21 10. Fees ......................................................................................................................................................................... 21 11. Requiring an Individual CDPS Permit .................................................................................................................... 22 -2b- PART! Pennit -Page 3 Pennit No. COR-030000 PART! A. COVERAGE UNDER THIS PERMIT 1. Authority to Discharge Under this pennit, facilities are granted authorization to discharge stonn\vater associated with construction activities into waters of the state of Colorado. This permit also authorizes the discharge of specific allowable non-stormwater discharges, in accordance with Part l.D.3 of the permit, which includes discharges to the groWid. This includes stormwater discharges from areas that are dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction site (i.e., borrow or ftll areas). This permit also authorizes storrnwater discharges from dedicated asphalt batch plants and dedicated concrete batch plants. (Coverage Wlde'r the construction site pennit is not required for batch plants if they have alternate CDPS pennit coverage.) This permit does not authorize the discharge of mine water or process water from such areas. a) Applicable Sections: In accordance with Part l.A.3 of this permit, some parts of this permit do not apply to sites covered Wlder a Qualifying Local Program, as defmed in I.A.2.d. For sites not covered by a Qualifying Local Program, all parts of the permit apply except Part I.A.3. The permittee will be responsible for determining and then complying with the applicable sections. b) Oil and Gas Construction: Stonnwater discharges associated with construction activities directly related to oil and gas exploration, production, processing, and treatment operations or transmission facilities are regulated under the Colorado Discharge Permit System Regulations (5CCR !002-61), and require coverage under this permit in accordance with that regulation. However, references in this permit to specific authority under the Federal Clean Water Act (CWA) do not apply to storrnwater discharges associated with these oil and gas related construction activities, to the extent that the references are limited by the federal Energy Policy Act of 2005. 2. Definitions a) Stormwater: Stonnwater is precipitation-induced surface runoff. b) Construction activity: Construction activity refers to ground surface disturbing activities, which include, but are not limited to, clearing, grading, excavation, demolition, installation of new or improved haul roads and access roads, staging areas, stockpiling of fill materials, and borrow areas. Construction does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility. c) Small construction activity: Storrnwater discharge associated with small construction activity means the discharge of stormwater from construction activities that result in land disturbance of equal to or greater than one acre and less than five acres. Small construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale, if the larger common plan will ultimately disturb equal to or greater than one and less than five acres. ct) Qualifying Local Program: This permit includes conditions that incorporate qualifying local erosion and sediment control program (Qualifying Local Program) requirements by reference. A Qualifying Local Program is a municipal stormwater program for stormwater discharges associated with small construction activity that has been formally approved by the Division. Other Definitions: Definitions of additional terms can be foWid in Part I.E. of this permit. 3. Permit Coverage Without Apo!icatlon -for small construction activities under a Qualifying Local Program only If a small construction site is within the jurisdiction of a Qualifying Local Program, the operator of the construction activity is authorized to discharge stormwater associated with small construction activity under this general pennit without the submittal of an application to the Division. a) Applicable Sections: Forsites covered by a Qualifying Local Program, only Parts IA.I, 1 A2, l.A3, J.D.l, l.D.2, I.D.3, l.D.4, l.D.7, l.D.8, I.D.11, l.E and Part II of this permit, with the exception of Parts II.A.I, 11.B.3, 11.B.8, and II.BIO, apply. PART! Penni! -Page 4 Pennit No. COR-030000 A. COVERAGE UNDER THIS PERMIT (cont.) b) Local Agency Authority: This pennit does not pre-empt or supersede the authority of local agencies to prohibit, restrict, or control discharges of stonnwater to storm drain systems or other water courses within their jurisdiction. c) Permit Coverage Termination: When a site wider a Qualifying Local Prograin has been finally stabilized, coverage under this permit is automatically terminated. d) Compliance with Qualifying Local Program: A construction site operator that has authorization to discharge under this pennit under Part l.A.3 shall comply with the requirements of the Qualifying Local Program with jurisdiction over the site. e) Full Permit Applicability: The Division may require any operator within the jurisdiction of a Qualifying Local Progran1 covered under this permit to apply for and obtain coverage under the full requirements of this permit. The operator must be notified in writing that an application for full coverage is required. When a permit certification under this pennit is issued to an operator that would otherwise be covered under Part l.A.3 of this pennit, the full requirements of this pennit replace the requirements as per Part I.A.3 of this pennit, upon the effective date of the pennit certification. A site brought under the full requirements of this permit must still comply with local stormwater management requirements, policies or guidelines as required by Part I.D. l.g of this permit. 4. Application. Due Dates a) Application Due Daies: At least ten calendar days prior to the commencement of construction activities, the applicant shall submit an application form as provided by the Division, with a certification that the Stormwater Management Plan (SWMP) is complete. One original completed discharge pennit application shall be submitted, by mail or hand delivery, to: Colorado Department of Public Health and Enviromnent Water Quality Control Division WQCD-Pennits-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 b) Summary of Application: The application requires, at a minimum, the following: 1) The applicant's company name; address; telephone number; and email addre8'1 (if available); whether the applicant is the owner, developer, or contractorj and local contact information; 2) Project name, address, county and location of the construction site, including the latitude and longitude to the nearest 15 seconds of the approximate center of the construction activity; 3) Legal description or map of the construction site; 4) Estimates of: the total area of the site, the area of the site that is expected to be disturbed, and the total area of the larger common plan of development or sale to undergo disturbance; 5) The nature of the construction activity; 6) The anticipated start date and final stabilization date for the project; 7) The name of the receiving water(s), or the municipal separate storm sewer system and the ultimate (i.e., named) receiving water(s); 8) Certification that the SWMP for the construction site is complete (see Part l.C. below); and 9) The signature of the applicant, signed in accordance with Partl.F.l of this pennit. 5. Permit Certification Procedures If this general permit is appropriate for the applicant's operation, then a certification will be developed and the applicant will be authorized to discharge stormwater under this general pennit. a) Request for Additional Information: The Division shall have up to ten calendar days after receipt of the above information to request additional data and/or deny the authorization for any particular discharge. Upon receipt of additional information, the Division shall have an additional ten calendar days to issue or deny authorization for the particular discharge. (Notification of denial shall be by letter, in cases where coverage under an alternate general pennit or an individual pennit is required, instead of coverage under this pennit.) PART! Permit -Page 5 Permit No. COR-030000 A. COVERAGE UNDER THIS PERMIT (cont.) b) Automatic Coverage: If the applicant does not receive a request for additional information or a notification of denial from the Division dated within ten calendar days of receipt of the application by the Division, authorization to discharge in accordance with the conditions of this permit shall be deemed granted. c) Individual Permit Required: If, after evaluation of the application (or additional information, such as the SWMP), it is found that this general pennit is not appropriate for the operation, then the application will be processed as one for an individual perntlt. The applicant will be notified of the Division's decision to deny certification under this general permit. For an individual permit, additional information may be requested, and 180 days may be required to process the application and issue the permit. At the Division's discretion, temporary coverage wider this general permit may be allowed until the individual permit goes into effect d) General vs. Individual Permit Coverage: Any permittee authorized by this permit may request to be excluded from the coverage of this permit by applying for an individual CDPS permit. The permittee shall submit an individual application, with reasons supporting the request, to the Division at least 180 days prior to any discharge. e) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit, restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. 6. Inactivation Notice When a site has been finally stabilized in accordance with the SWMP, the permittee must submit ao Inactivation Notice form that is signed in accordance with Part l.F.I. of this permit. The Inactivation Notice form is available from the Division and includes: a) Pennit certification number; b) The permittee's name, address, telephone number; c) Nmne, location, and county for the construction site for which the inactivation notice is being submitted; and d) Certification that the site has been fmally stabilized, and a description of the final stabilization method(s). 7. Transfer of Permit When responsibility for stormwater discharges at a construction site changes from one entity to another, the permittee shall submit a completed Notice of Transfer and Aeeeptanee of Terms form that is signed in accordance with Part I.F.I. of this permit. The Notice of Transfer form is available from the Division and includes: a) Permit certification number; b) Name, location, and county for the construction site for which the Notice of Transfer is being submitted; c) Identifying information for the new permittee; d) Identifying information for the current permittee; and e) Effective date of transfer. If the new responsible party will not complete the traosfer form, the permit may be inactivated upon written request to the Division and completion of the Inactivation Notice if the permittee has no legal responsibility, through ownership or contract, for the construction activities at the site. In this case, the new owner or operator would be required to obtain permit coverage separately. 8. Reassignment of Permit When a permittee no longer has control of a specific portion of a permitted site, and wishes to traosfer coverage of that portion of the site to a second party, the permittee shall submit a completed Notlee of Reassignment of Permit Coverage form that is signed in accordance with Part l.F.1. of this permit. The Notice of Reassignment of Permit Coverage form is available from the Division and includes: a) Current permit certification number; b) Identifying information and certification as required by Part l.A.4.b for the new permittee; c) Identifying infonnation for the current pennittee, revised site infonnation and certification for reassignment; and d) Effective date of reassignment. PART! Permit -Page 6 Pennit No. COR-030000 A. COVERAGE UNDER THIS PERMIT (cont.) If the new responsible party will not complete the reassignment fonn, the applicable portion of the permitted site may be removed from pennit coverage upon written request to the Division if the pennittee has no legal responsibility, through ownership or contract, for the construction activities at the portion of the site. Jn this case, the new owner or operator would be required to obtain permit coverage separately. 9. Sale of Residence to Homeowners For residential construction only, when a residential lot has been conveyed to a homeowner and all criteria in paragraphs a through e, below, are met, coverage under this permit is no longer required and the conveyed lot may be removed from coverage under the pennittee's certification. At such time, the permittee is no longer responsible for meeting the terms and conditions of this pennit for the conveyed lot, including the requirement to transfer or reassign pennit coverage. The permittee remains responsible for inactivation of the original certification. a) The lot has been sold to the homeowner(s) for private residential use; b) the lot is less than one acre of disturbed area; c) all construction activity conducted by the pennittee on the lot is completed; d) a certificate of occupancy (or equivalent) has been awarded to the home owner; and e) the SWMP has been amended to indicate the lot is no longer covered by permit. Lots not meeting all of the above criteria require continued pennit coverage. However, this permit coverage may be · transferred (Part l.A.7, above) or reassigned (Pan I.A.8, above) to a new owner or operator. 10. Permit Expiration Date Authorization to discharge under this general permit shall expire on June 30, 2012. The Division must evaluate and reissue this general pennit at least once every five years and must recertify the perrnittee's authority to discharge wider the general pennit at such time. Therefore, a permittee desiring continued coverage under the general permit must reapply by March 31, 2012. The Division will initiate the renewal process; however, it is ultimately the permittee's responsibility to ensure that the renewal is submitted. The Division will determine if the pennittee may continue to operate under the tenns of the general permit. An individual permit may be required for any facility not reauthorized to discharge under the reissued general permit. 11. Individual Permit Criteria Various criteria can be used in evaluating whether or not an individual (or alternate general) pennit is required instead of this general pennit. This infonnation may come from the application, SWMP, or additional information as requested by the Division, and includes, but is not limited to, the following: a) the quality of the receiving waters (i.e., the presence of downstream drinking water intakes or a high quality fishery, or for preservation of high quality water); b) the size of the construction site; c) evidence of noncompliance wider a previous permit for the operation; d) the use of chemicals within the stonnwater system; or e) discharges of pollutants of concern to waters for which there is an established Total Maximum Daily Load (TMDL ). In addition, an individual pennit may be required when the Division bas shown or has reason to suspect that the stormwater discharge may contribute to a violation of a water quality standard. . B. STORMW ATER MANAGEMENT PLAN (SWMP)-GENERAL REQUIREMENTS I. A SWMP shall be developed for each facility covered by this permit. The SWMP shall be prepared in accordance with good engineering, hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.) PART! Permit -Page 7 Permit No. COR-030000 B. STORMWA TER MANAGEMENT PLAN (SWMP)-GENERAL REQUIREMENTS (cont.) 2. The SWMP shall: a) Identify all potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges associated with construction activity from the facility; b) Describe the practices to be used to reduce the pollutants in stonnwater discharges associated with construction activity at the facility; and ensure the practices are selected and described in accordance with good engineering practices, including the installation, implementation and maintenance requirements; and c) Be properly prepared, and updated in accordance with Part l.D.5.c, to ensure compliance with the terms and conditions of this permit. 3. Facilities must implement the provisions of the SWMP as written and updated, from commencement of construction activity until final stabilization is complete, as a condition of this permit. The Division reserves the right to review the SWMP, and to require the permittee to develop and implement additional measures to prevent and control pollution as needed. 4. The SWMP may reflect requirements for Spill Prevention Control and Countermeasure (SPCC) plans under section 311 of the CWA, or Best Management Practices (BMPs) Programs otherwise required by a separate CDPS permit, and may incorporate any part of such plans into the SWMP by reference, provided that the relevant sections of such plans are available as part of the SWMP consistent with Part I.D.5.b. 5. For any sites with permit coverage before June 30, 2007, the permittee's SMWP must meet the new SWMP requirements as summarized in Section II.I of the rationale. Any needed changes must be made by October 1, 2007. C. STORMW ATER MANAGEMENT PLAN (SWMP)-CONTENTS The SWMP shall include the following items, at a minimum. 1. Site Description. The SWMP shall clearly describe the constrnction activity, to include: a) The nature of the constrnction activity at the site. b) The proposed sequence for major activities. c) Estimates of the total area of the site, and the area and location expected to be disturbed by clearing, excavation, grading, or other construction activities. d) A summary of any existing data used in the development of the site constrnction plans or SWMP that describe the soil or existing potential for soil erosion. e) A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover. I) The location and description of all potential pollution sources, including ground surface disturbing activities (see Part IA.2.b), vehicle fueling, storage offertilizers or chemicals, etc. g) The location and description of any anticipated allowable sources of non-stormwater discharge at the site, e.g., uncontaminated springs, landscape irrigation return flow, construction dewatering, and concrete washout. h) The name of the receiving water(s) and the size, type and location of any outfall(s). If the stormwater discharge is to a municipal separate storm sewer system, the name of that system, the location of the storm sewer discharge, and the ultimate receiving water(s). 2. Site Map. The SWMP shall include a legible site map(s), showing the entire site, identifying: a) construction site boundaries; b) all areas of ground surface disturbance; c) areas of cut and fill; d) areas used for storage of building materials, equipmen~ soil, or waste; e) locations of dedicated asphalt or concrete batch plants; I) locations of all strnctural BMPs; g) locations of non-strnctural BMPs as applicable; and h) locations of springs, streams, wetlands and other surface waters. PART! Permit -Page 8 Permit No. COR-030000 C. STORMW ATER MANAGEMENT PLAN (SWMP)-CONTENTS (cont.) 3. Storm,vater Management Controls. The SWMP must include a description of all stormwater management controls that will be implemented as part of the construction activity to control pollutants in stonnwater discharges. The appropriateness and priorities of stornt\vater management controls in the SWMP shall reflect the potential pollutant sources identified at the facility. The description of sto~water manage1nent controls shall address the following components, at a minimum: a) SWMP Administrator -The SWMP shall identify a specific individual(s), position or title who is responsible for developing, implementing, maintaining, and revising the SWMP. The activities and responsibilities of the administrator shall address all aspects of the facility's SWMP. b) Identification of Potential Pollutant Sources -AU potential pollutant sources, including materials and activities, at a site must be evaluated for the potential to contribute pollutants to stormwater discharges. The SWMP shall identify and describe those sources determined to have the potential to contribute pollutants to stormwater discharges 1 and the sources must be controlled through BMP selection and implementation, as required in paragraph (c), below. At a minimum, each of the following sources and activities shall be evaluated for the potential to contribute pollutants to stormwater discharges, and identified in the SWMP if found to have such potential: I) all disturbed and stored soils; 2) vehicle tracking of sediments; 3) management of contaminated soils; 4) loading and unloading operations; 5) outdoor storage activities (building materials, fertilizers, chemicals, etc.); 6) vehicle and equipment maintenance and fueling; 7) significant dust or particulate generating processes; 8) routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc.; 9) . on-site waste management practices (waste piles, liquid wastes, dumpsters, etc.); 1 O) concrete truck/equipment washing, including the concrete truck chute and associated fixtures and equipment; 11) dedicated asphalt and concrete batch plants; 12) non-industrial waste sources such as worker trash and portable toilets; and 13) other areas or procedures where potential spills can occur. c) Best Management Practices (BMPs) for Stormwater Pollution Prevention -The SWMP shall identify and describe appropriate BMPs, including, but not limited to, those required by paragraphs 1 through 8 below, that will be implemented at the facility to reduce the potential of the sources identified in Part I.C.3.b to contribute pollutants to stormwater discharges. The SWMP shall clearly describe the installation and implementation specifications for each BMP identified in the SWMP to ensure proper implementation, operation and maintenance of the BMP. I) Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate all structural practices implemented at the site to minimize erosion and sediment transport. Practices may include, but are not limited to: straw bales, wattles/sediment control logs, silt fences, earth dikes, drainage swales, sediment traps, subsurface drains, pipe slope drains, inlet protection, outlet protection, gabions, and temporary or permanent sediment basins. 2) Non-Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate, as applicable, all non-structural practices implemented at the site to minimize erosion and sediment transport. Description must include interim and permanent stabilization practices, and site-specific scheduling for implementation of the practices. The SWMP should include practices to ensure that existing vegetation is preserved where possible. Non-structural practices may include, but are not limited to: temporary vegetation, permanent vegetation, mulching, geotextiles, sod stabilization, slope roughening, vegetative buffer strips, protection of trees, and preservation of mature vegetation. PART! Permit -Page 9 Permit No. COR-030000 C. STORMW ATER MANAGEMENT PLAN (SWMP)-CONTENTS (cont.) 3) Phased BMP Implementation. The SWMP shall clearly describe the relationship between the phases of construction, and the implementation and maintenance of both structural and non~strucrural stonnwater management controls. The SWMP must identify the stormwater management controls to be implemented during the project phases, which can include, but are not limited to, clearing and grubbing; road construction; utility and infrastructure installation; vertical construction; final grading; and final stabilization. 4) Materials Handling and Spill Prevention. The SWMP shall clearly describe and locate all practices implemented at the site to minimize impacts from procedures or significant materials (see definitions at Part I.E.) that could contribute pollutants to runoff. Such procedures or significant materials could include: exposed storage of building materials; paints and solvents; fertilizers or chemicals; waste material; and equipment maintenance or fueling procedures. Areas or procedures where potential spills can occur must have spill prevention and response procedures identified in the SWMP. 5) Dedicated Concrete or Asohalt Batch Plants. The SWMP shall clearly describe and locate all practices implemented at the site to control stormwater pollution from dedicated concrete batch plants or dedicated asphalt batch plants covered by this certification. 6) Vehicle Tracking Control. The SWMP shall clearly describe and locate all practices implemented at the site to control potential sediment discharges from vehicle tracking. Practices must be implemented for all areas of potential vehicle tracking, and can include: minimizing site access; street sweeping or scraping; tracking pads; graveled parking areas; requiring that vehicles stay on paved areas on-site; wash racks; contractor education; and/or sediment control BtvfPs, etc. 7) Waste Management and Disoosal. Including Concrete Washout. i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater pollution from all construction site wastes (liquid and solid), including concrete washout activities. ii) The practices used for concrete washout must ensure that these activities do not result in the contribution of pollutants associated with the washing activity to stormwater runoff. iii) Part I.D.3 .c of the permit authorizes the conditional discharge of concrete washout water to the ground. The SWMP shall clearly describe and locate the practices to be used that will ensure that no washout water from concrete washout activities is discharged from the site as surface nmoff or to surface waters. 8) Groundwater and Stormwater Dewatering. i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater pollution from the dewatering of groundwater or stormwater from excavations, wells, etc. ii) Part I.D.3.d of the permit authorizes the conditional discharge of construction dewatering to the ground. For any construction dewatering of groundwater not authorized under a separate CDPS discharge permit, the SWMP shall clearly describe and locate the practices to be used that will ensure that no groundwater from construction dewatering is discharged from the site as surface runoff or to surface waters. 4. Final Stabilization and Long-term Stormwater Management a) The SWMP shall clearly describe the practices used to achieve fmal stabilization of all disturbed areas at the site, and any planned practices to control pollutants in stormwater discharges that will occur after construction operations have been completed at the site. b) Final stabilization practices for obtaining a vegetative cover should include, as appropriate: seed mix selection and application methods; soil preparation and amendments; soil stabilization practices (e.g., crimped straw, hydro mulch or rolled erosion control products); and appropriate sediment control BMPs as needed until fmal stabilization is achieved; etc. PART! Permit -Page 10 Permit No. COR-030000 C. STORMWATER MANAGEMENT PLAN (SWMP)-CONTENTS (cont.) c) Final stabilization is reached when all ground surface disturbing activities at the site have been completed, and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre- disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. The Division may, after consultation with the permittee and upon good cause, amend the fmal stabilization criteria in this section for specific operations. 5. Inspection and Maintenance Part I.D.6 of the permit includes requirements for site inspections. Part l.D.7 of the permit includes requirements for BMP maintenance. The SWMP shall clearly describe the inspection and maintenance procedures implemented at the site to maintain all erosion and sediment control practices and other protective practices identified in the SWMP, in good and effective operating condition. D. TERMS AND CONDITIONS 1. General Limitations. The following limitations shall apply to all discharges covered by this permit: a) Stormwater discharges from construction activities shall not cause, have the reasonable potential to cause, or measurably contribute to an exceedance of any water quality standard, including narrative standards for water quality. b) Concrete washout water shall not be discharged to state surface waters or to storm sewer systems. On-site permanent disposal of concrete washout waste is not authorized by this permit. Discharge to the ground of concrete washout waste that will subsequently be disposed ofoff-site is authorized by this permit. See Part I.D.3.c of the permit. c) Bulk storage structures for petrolemn products and any other chemicals shall have secondary containment or equivalent adequate protection so as to contain all spills and prevent any spilled material from entering State waters. d) No chemicals are to be added to the discharge unless permission for the use of a specific chemical is granted by the Division. In granting the use of such chemicals, special conditions and monitoring may be addressed by separate correspondence. e) The Division reserves the right to require sampling and testing, on a case-by-case basis, in the event that there is reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in removing pollutants in the effiuent. Such monitoring may include Whole Effiuent Toxicity testing. f) All site wastes must be properly managed to prevent potential pollution of State waters. This permit does not authorize on-site waste disposal. g) All dischargers must comply with the lawful requirements of federal agencies, municipalities, counties, drainage districts and other local agencies regarding any discharges of stormwater to storm drain systems or other water courses under their jurisdiction, including applicable requirements in municipal stonnwater management programs developed to comply with CDPS permits. Dischargers must comply with local stormwater management requirements, policies or guidelines including erosion and sediment control. 2. BMP Implementation and Design Standards Facilities must select, install, implement, and maintain appropriate BMPs, following good engineering, hydrologic and pollution control practices. BMPs implemented at the site must be adequately designed to provide control for all potential pollutant sources associated with construction activity to prevent pollution or degradation of State waters. PART! Pennit -Page I 1 Permit No. COR-030000 D. TERMS AND CONDITIONS (cont.) 3. Prohibition of Non-Storm water Discharges a) Except as provided in paragraphs b, c, and d below, all discharges covered by this permit shall be composed entirely of storm water associated with construction activity. Discharges of material other than stormwater must be addressed in a separate CDPS pennit issued for that discharge. b) Discharges from the following sources that are combined with stonnwater discharges associated with construction activity may be authorized by this pennit, provided that the non-stonnwater component of the discharge is identified in the SWMP (see Part LC.Lg of this pennit): -emergency fire fighting activities -landscape irrigation return flow -uncontaminated springs c) Discharges to the ground of concrete washout water from washing of tools and concrete mixer chutes may be authorized by this permit, provided that 1) the source is identified in the SWMP; 2) BMPs are included in the SWMP in accordance with Part I.C.3(c)(7) and to prevent pollution of groundwater in violation of Part l.D. l .a; and 3) these discharges do not leave the site as surface runoff or to surface waters d) Discharges to the ground of water from construction dewatering activities may be authorized by this pennit, provided that 1) the source is groundwater and/or groundwater combined with stormwater that does not contain pollutants in concentrations exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42; 2) the source is identified in the SWMP; 3) BMPs are included in the SWMP, as required by Part l.C.3(c)(8); and 4) these discharges do not leave the site as surface runoff or to surface waters. Discharges to the ground from construction dewatering activities that do not meet the above criteria must be covered under a separate CDPS discharge permit. Contaminated groundwater requiring coverage under a separate CDPS discharge permit may include groundwater contaminated with pollutants from a landfill, mining activity, industrial pollutant plume, underground storage tank, or other source. 4. Releases In Excess of Reportable Quantities This permit does not relieve the permittee of the reporting requirements of 40 CFR 110, 40 CFR 117 or 40 CFR 302. Any discharge of hazardous material must be handled in accordance with the Division's Noncompliance Notification Requirements (see Part 11.A.3 of the permit). 5. SWMP Requirements a) SWMP Preparation and Implementation: The SWMP shall be prepared prior to applying for coverage under the general permit, and certification of its completion submitted with the application. The SWMP shall be implemented prior to commencement of construction activities. The plan shall be updated as appropriate (see paragraph c, below), below). SWMP provisions shall be implemented until expiration or inactivation ofpennit coverage. b) SWMP Retention Requirements: A copy of the SWMP must be retained on site unless another location, specified by the pennittee, is approved by the Division. c) SWMP Review/Changes: The permittee shall amend the SWMP: l) when there is a change in design, construction, operation, or maintenance of the site, which would require the implementation of new or revised BMPs; or 2) if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity; or PART! Pennit ·Page 12 Permit No. COR-030000 D. TERMS AND CONDITIONS (cont.) 3) when BMPs are no longer necessary and are removed. SWMP changes shall be made prior to changes in the site conditions, except as allowed for in paragraph d, below. SWMP revisions may include, but are not limited to: potential pollutant source identification; selection of appropriate BMPs for site conditions; BMP maintenance procedures; and interim and final stabilization practices. The SWMP changes may include a schedule for further BMP design and implementation, provided that, if any interim BMPs are needed to comply with the permit, they are also included in the SWMP and implemented during the interim period. d) Responsive SWMP Changes: SWMP changes addressing BMP installation and/or implementation are often required to be made in response to changing conditions, or when current BMPs are detennined ineffective. The majority of SW?vIP revisions to address these changes can be made immediately with quick in-the-field revisions to the SWMP. In the less common scenario where more complex development of materials to modify the SWMP is necessary, SwtvlP revisions shall be made in accordance with the following requirements: 1) the SWMP shall be revised as soon as practicable, but in no case more than 72 hours after the change(s) in BMP installation and/or implementation occur at the site, and 2) a notation must be included in the SWMP priorto the site change(s) that includes the time and date of the change(s) in the field, an identification of the BMP(s) removed or added, and the location(s) of those BMP(s). 6. lnspeCtions Site inspections must be conducted in accordance with the following requirements and minimum schedules. The required minimum inspection schedules do not reduce or eliminate the pennittee's responsibility to implement and maintain BMPs in good and effective operational condition, and in accordance with the SWMP, which could require more frequent inspections. a) Minimum Inspection Schedule: The permittee shall, at a minimum, make a thorough inspection, in accordance with the requirements in l.D.6.b below, at least once every 14 calendar days. Also, post-storm event inspections must be conducted within 24 hours after the end of any precipitation or snowmelt event that causes surface erosion. Provided the timing is appropriate, the post-stonn inspections may be used to fulfill the 14-day routine inspection requirement. A more frequent inspection schedule than the minimum inspections described may be necessary, to ensure that BMPs continue to operate as needed to comply with the perntit. The following conditional modifications· to this Minimum Inspection Schedule are allowed: 1) Post-Storm Event Inspections at Temporarily Idle Sites-If no construction activities will occur following a storm event, post-stonn event inspections shall be conducted prior to re-commencing construction 8ctivities, but no later than 72 hours following the storm event The occurrence of any such delayed inspection must be documented in the inspection record. Routine inspections still must be conducted at least every l 4 calendar days. 2) Inspections at Completed Sites/Areas-For sites or portions of sites that meet the following criteria, but final stabilization has not been achieved due to a vegetative cover that has not become established, the permittee shall make a thorough inspection of their stonnwater management system at least once every month, and post- storm event inspections are not required. This reduced inspection schedule is only allowed if: i) all construction activities that will result in surface ground disturbance are completed; ii) all activities required for fula! stabilization, in accordance with the SWMP, have been completed, with the exception of the application of seed that has not occurred due to seasonal conditions or the necessity for additional seed application to augment previous efforts; and iii) the SWMP has been amended to indicate those areas that will be inspected in accordance with the reduced schedule allowed for in this paragraph. PART! Permit -Page 13 Permit No. COR-030000 D. TERMS AND CONDITIONS (cont.) 3) Winter Conditions Inspections Exclusion -Inspections are not required at sites where construction activities are temporarily halted, snow cover exists over the entire site for an extended period, and melting conditions posing a risk of surface erosion do not exist. This exception is applicable only during the period where 1nelting conditions do not exist, and applies to the routine 14-day and monthly inspections, as well as the post-storm- event inspections. The following information must be documented in the inspection record foruse of this exclusion: dates when snow cover occurred, date when construction activities ceased, and date melting conditions began. Inspections, as described above, are required at all other times. When site conditions make the schedule required in this section impractical, the pennittee n1ay petition the Division to grant an alternate inspection schedule. b) Inspection Requirements l) Inspection Scope-The construction site perimeter, all disturbed areas, material and/or waste storage areas that are exposed to precipitation, discharge locations, and locations where vehicles access the site shall be inspected for evidence of, or the potential for, pollutants leaving the construction site boundaries, entering the stormwater drainage system, or discharging to state waters. All erosion and sediment control practices identified in the SWMP shall be evaluated to ensure that they are maintained and operating correctly. 2) Inspection ReporURecords -The permittee shall keep a record of inspections. Inspection reports must identify any incidents of non-compliance with the terms and conditions of this pennit. Inspection records must be retained for three years from expiration or inactivation of permit coverage. At a minimwn, the inspection report must include: i) ii) iii) iv) v) vi) vii) vii) viii) The inspection date; Name(s) and title(s) of personnel making the inspection; Location(s) of discharges of sediment or other pollutants from the site; Location(s) ofBMPs that need to be maintained; Location(s) ofBMPs that failed to operate as designed or proved inadequate for a particular location; Location(s) where additional BMPs are needed that were not in place at the time of inspection; Deviations from the minimum inspection schedule as provided in Part 1.0.6.a above; Description of corrective action for items iii, iv, v, and vi, above, dates corrective action(s) taken, and measures taken to prevent future violations, including requisite changes to the SWMP, as necessary; and After adequate corrective action(s) has been taken, or where a report does not identify any incidents requiring corrective action, the report shall contain a signed statement indicating the site is in compliance with the pennit to the best of the signer's knowledge and belief. c) Required Actions Following Site Inspections -Where site inspections note the need for BMP maintenance activities, BMPs must be maintained in accordance with the SWMP and Part l.D. 7 of the permit. Repair, replacement, or installation of new BMPs determined necessary during site inspections to address ineffective or inadequate BMPs must be conducted in accordance with Part ID .8 of the permit. SWMP updates required as a result of deficiencies in the SWMP noted during site inspections shall be made in accordance with Part I.D.5 .c of the permit. 7. BMP Maintenance Ali erosion and sediment control practices and other protective measures identified in the SWMP must be maintained in effective operating condition. Proper selection and installation of BMPs and implementation of comprehensive Inspection and Maintenance procedures, in accordance with the SWMP, should be adequate to meet this condition. BMPs that are not adequately maintained in accordance with good engineering, hydroiogic and pollution control practices, including removal of collected sediment outside the acceptable tolerances of the BMPs, are considered to be no longer operating effectively and must be addressed in accordance with Part I.D.8, below. A specific timeline for implementing maintenance procedures is not included in this pennit because BMP maintenance is expected to be proactive, not responsive. Observations resulting in BMP maintenance activities can be made during a site inspection, or during general observations of site conditions. PART! Pennit -Page 14 Permit No. COR-030000 D. TERMS AND CONDITIONS (cont.) 8. Replacement and Failed BMPs Adequate site assessment must be perfonned as part of comprehensive Inspection and Maintenance procedures, to assess the adequacy of BMPs at the site, and the necessity of changes to those BMPs to ensure continued effective performance. Where site assessment results in the determination that new or replacement BMPs are necessary, the BMPs must be installed to ensure on-going implementation ofBMPs as per Part J.D.2. Where BMPs have failed, resulting in noncompliance with Part J.D.2, they must be addressed as soon as possible, immediately in most cases, to minimize the discharge of pollutants. When new BMPs are installed or BMPs are replaced, the SWMP must be updated in accordance with Part l.D.5(c). 9. Reoorting No scheduled reporting requirements are included in this permit; however, the Division reserves the right to request that a copy of the inspection reports be submitted. IO. SWMP Avallabllity A copy of the SWMP shall be provided upon request to the Division, EPA, or any local agency in charge of approving sediment and erosion plans, grading plans or stormwater management plans, and within the time frame specified in the request. If the SWMP is required to be submitted to any of these entities, it must include a signed certification in accordance with Part l.F. l of the permit, certifying that the SWMP is complete and meets all permit requirements. All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b) of the CW A and Section 61.5( 4) of the Colorado Discharge Permit System Regulations. The permittee shall make plans available to members of the public upon request. However, the permittee may claim any portion of a SWMP as confidential in accordance with 40 CFR Part 2. 11. Total Maximum Daily Load CTMI>Ll If a TMDL has been approved for any waterbody into which the pennittee discharges, and stormwater discharges associated with construction activity have been assigned a pollutant-specific Wasteload Allocation (WLA) under the TMDL, the Division will either: a) Ensure that the WLA is being implemented properly through alternative local requirements, such as by a municipal stormwater pennit; or b) Notify the permittee of the WLA, and amend the permittee's certification to add specific BMPs and/or other requirements, as appropriate. The pennittee may be required to do the following: l) Under the permittee' s SWMP, implement specific management practices based on requirements of the WLA, and evaluate whether the requirements are being met through implementation of existing stormwater BMPs or if additional BMPs are necessary. Document the calculations or other evidence that show that the requirements are expected to be met; and 2) If the evaluation shows that additional or modified BMPs are necessary, describe the type and schedule for the BMP additions/revisions. Discharge monitoring may also be required. The permittee may maintain coverage under the general permit provided they comply with the applicable requirements outlined above. The Division reserves the right to require individual or alternate general permit coverage. PART! Pennit -Page 15 Pennit No. COR-030000 E. ADDITIONAL DEFINITIONS For the purposes of this pennit: 1. Best Management Practices (BMPs): schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State. B1v1Ps also include treatment requirements, operating procedures, pollution prevention, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from material storage. 2. Dedicated asphalt plants and concrete plants: portable asphalt plants and concrete plants that are located on or adjacent to a construction site and that provide materials only to that specific construction site. 3. Final stabilization: when all ground surface disturbing activities at the site have been completed, and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre-disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. For purposes of this pennit, establishment of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site will be considered final stabilization. 4. Municipal separate storm sewer system: a conveyance or system of conveyances (including: roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man·made channels, or storm drains), owned or operated by a State, city, town, county, district, or othor public body (created by state law), having jurisdiction over disposal of sewage, industrial waste, stormwater, or other wastes; designed or used for collecting or conveying stonnwater. 5. Operator: the entity that has day-to-day supervision and control of activities occunring at the construction site. This can be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. It is anticipated that at different phases of a construction project, different types of parties may satisfy the defmition of 'operator' and that the permit may be transferred as the roles change. 6. Outfall: a point source at the point where stonnwater leaves the construction site and discharges to a receiving water or a stormwater collection system. 7. Part of a larger common plan of development or sale: a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules. 8. Point source: any discernible, confined and discrete conveyance from which pollutants are or may be discharged. Point source discharges of stonnwater result from structures which increase the imperviousness of the ground which acts to collect runoff, with runoff being conveyed along the resulting drainage or grading pattern. 9. Pollutant: dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal or agricultural waste. 10. Process water: any water which, during manufacturing or processing, comes into contact with or results from the production of any raw material, intermediate product, finished product, by product or waste product. This definition includes mine drainage. I J. Receiving Water: any classified stream segment (including tributaries) in the State of Colorado into which stonnwater related to construction activities discharges. This defmition includes all water courses, even if they are usually dry, such as borrow ditches, arroyos, and other unnamed waterways. 12. Significant Materials include, but are not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section I 0!(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of title Ill of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharge. 13. Stormwater: precipitation·induced surface runoff. PART! Permit -Page 16 Permit No. COR-030000 F. GENERAL REQUIREMENTS 1. Signatory Requirements a) All reports required for submittal shall be signed and certified for accuracy by the permittee in accordance with the following criteria: 1) In the case of corporations, by a principal executive officer of at least the level of vice~president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates; 2) In the case of a partnership, by a general partner; 3) In the case of a sole proprietorship, by the proprietor; 4) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates. b) Changes to authorization. If an authorization under paragraph a) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the re,quirements of paragraph a) of this section must be submitted to the Division, prior to or together with any reports, infonnation, or applications to be signed by an authorized representative. c) Certification. Any person signing a document under paragraph a) of this section shall make the following certification: "! certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the infonnation submitted. Based on my inquiry of the person or persons who manage the system, or those Persons directly responsible for gathering the information, the infonnation submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisournent for knowing violations." 2. Retention of Records a) The permittee shall retain copies of the SWMP and all reports required by this permit and records of all data used to complete the application to be covered by this permit, for three years after expiration or inactivation of permit coverage. b) The permittee shall retain a copy of the SWMP required by this permit at the construction site from the date of project initiation to the date of expiration or inactivation of permit coverage, unless another location, specified by the permittee, is approved by the Division. 3. Monitoring The Division reserves the right to require sampling and testing, on a case-by-case basis (see Part l.D.l.e), for example to implement the provisions ofa TMDL (see Part l.D.l I of the permit). Reporting procedures for any monitoring data collected will be included in the notification by the Division of monitoring requirements. If monitoring is required, the following defmitions apply: a) The thirty (30) day average shall be determined by the arithmetic mean of all samples collected during a thirty (30) consecutive-day period. b) A grab sample, for monitoring requirements, is a single "dip and take" sample. PART II A. MANAGEMENT REQUIREMENTS 1. Amending a Permit Certification The pennittee shall infonn tl1e Division (Pennits Section) in writing of changes to the infonnation provided in the pennit application, including the legal contac~ the project legal description or map originally submitted with the application, or the planned total disturbed acreage. The pennittee shall furnish the Division with any plans and specifications which the Division deems reasonably necessary to evaluate the effect on the discharge and receiving stream. If applicable, this notification may be accomplished through submittal of an application for a CDPS process water pennit authorizing the discharge. The SWMP shall be updated and implemented prior to the changes (see Part l.D.5.c). Any discharge to the waters of the State from a point source other than specifically authorized by this pennit or a different CDPS pennit is prohibited. 2. Special Notifications -Definitions a) Spill: An unintentional release of solid or liquid material which may cause pollution of state waters. b) Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit discharge limitations because of factors beyond the reasonable control of the pennittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, IaCk of preventative maintenance, or careless or improper operation. 3. Noncompliance Notification a) The pennittee shall report the following instances of noncompliance: 1) Any noncompliance which may endanger health or the environment; 2) Any spill or discharge of hazardous substances or oil which may cause pollution of the waters of the state. 3) Any discharge of stonnwater which may cause an exceedance of a water quality standard. b) For all instances ofnoncompliance based on environmental hazards and chemical spills and releases, all needed information must be provided orally to the Colorado Department of Public Health and Environment spill reporting line (24-bour number for environmental hazards and chemical spills and releases: 1-877-518-5608) within 24 hours from the time the permittee becomes aware of the circumstances. For all other instances of noncompliance as def med in this section, all needed information must be provided orally to the Water Quality Control Division within 24 hours from the time the pennittee becomes aware of the circumstances. For all instances ofnoncompliance identified here, a written submission shall also be provided within 5 calendar days of the time the pennittee becomes aware of the circumstances. The written submission shall contain a description of: . I) The noncompliance and its cause; 2) The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; 3) Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. A. MANAGEMENT REQUIREMENTS (cont.) 4. Submission of Incorrect or Incomplete Information Where the perrnittee failed to submit any relevant facts in a permit application, or submitted incorrect infonnation in a permit application or report to the Division, or relevant new information becomes available, the permittee shall promptly submit the relevant application infonnation which was not subnlitted or any additional information needed to correct any erroneous infonnation previously submitted. 5. .!!ml!ll a) A bypass, which causes effluent limitations (i.e., requirements to implement BMPs in accordance with Parts l.B.3 and l.D.2 of the permit) to be exceeded is prohibited, and the Division may take enforcement action against a permittee for such a bypass, unless: I) Bypass was unavoidable to prevent loss oflife, personal injury, or severe property damage; 2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities (e.g., alternative BMPs), retention of untreated wastes, or maintenance during nonnal periods of equipment downtime. This condition is not satisfied if the permittee could have installed adequate backup equipment (e.g., implemented additional BMPs) to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and 3) The pennittee submitted notices as required in 11 Non-Compliance Notification, 11 Part II.A3. 6. !1l!sll a) Effect of an Upset: An upset constitutes an affrrmative defense to an action brought for noncompliance with permit limitations and requirements ifthe requirements of paragraph b of this section are met. (No determination made during administrative review of claims that noncompliance was caused by upset., and before an action for noncompliance, is final administrative action subject to judicial review.) b) Conditions Necessary for a Demonstration of Upset: A permittee who wishes to establish the affmnative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: I) An upset occurred and that the permittee can identify the specific cause(s) of the upset; 2) The permitted facility was at the time being properly operated; 3) The permittee submitted notice of the upset as required in Partll.A3. of this permit (24-hour notice); and 4) The permittee complied with any remedial measures required under 40 CFR Section 122.4l(d) of the federal regulations or Section 61.8(3)(h) of the Colorado Discharge Permit System Regulations. c) Burden of Proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 7. Removed Substances Solids, sludges, or other pollutants removed in the course of treatment or control of discharges shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. 8. Minimization of Adverse Imnact The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any tenns and conditions specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. A. MANAGEMENT REQUIREMENTS (cont.) 9. Reduction. Loss. or Failure of Stormwater Controls The pennittee has the duty to ha1t or reduce any activity if necessary to maintain compliance with the permit requirements. Upon reduction, loss, or failure of any stormwater controls, the permittee shall, to the extent necessary to maintain compliance with its permit, control production, or remove all pollutant sources from exposure to stonnwater, or both, until ·the stormwater controls are restored or an alternative method of treatment/control is provided. It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. I 0. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffmg and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. B. RESPONSIBILITIES l. Inspections and Right to Entn The permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator, and/or their authorized representative(s), upon the presentation of credentials: a) To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of this permit; b) At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and c) To enter upon the pennittee's premises to investigate, within reason, wiy actual, suspected, or potential source of water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing permittee staff on alleged violations and other matters related to the permit, and access to any and all facilities or areas within the permittee's premises that may have any effect on the discharge, permit, or any alleged violation. 2. Duty to Provide Information The permittee shall furnish to the Division, within the time frame specified by the Division, any information which the Division may request to determine whether cause exists for modifying, revoking and reissuing, or inactivating coverage under this permit, or to determine compliance with this permit. The permittee shall also furnish to the Division, upon request, copies of records required to be kept by this permit. 3. Transfer of Ownership or Control Certification under this permit may be transferred to a new permittee if: a) The current permittee notifies the Division in writing when the transfer is desired ,,; outlined in Part I.A. 7; and b) The notice includes a written agreement between the existing and new pennittees containing a specific date for transfer of permit responsibility, coverage and liability between them; and c) The current permittee has met all fee requirements of the Colorado Discharge Permit System Regulations, Section 61.15. B. RESPONSIBILITIES (cont.) 4. Modification. Suspension. or Revocation of Permit By Division All permit modification, inactivation or revocation and reissuance actions shall be subject to the requirements of the Colorado Discharge Permit System Regulations, Sections 61.5(2), 61.5(3), 61.7 and 61.15, 5 C.C.R. 1002-61, except for minor modifications. a) This permit, and/or certification under this permit, may be modified, suspended, or revoked in whole or in part during its tenn for reasons detennined by the Division including, but not limited to, the following: I) Violation of any terms or conditions of the pennit; 2) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment of terms or conditions of the permit; 3) Materially false or inaccurate statements or information in the application for the permit; 4) Promulgation of toxic effluent standards or prohibitions (including any schedule of compliance specified in such ef!luent standard or prohibition) which are established under Section 307 of the Clean Water Act, where such a toxic pollutant is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit. b) This permit, and/or certification under this permit, may be modified in whole or in part due to a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as: 1) Promulgation of Water Quality Standards applicable to waters affected by the permitted discharge; or 2) Ef!luent limitations or other requirements applicable pursuant to the State Act or federal requirements; or 3) Control regulations promulgated; or 4) Other available infonnation indicates a potential for violation of adopted Water Quality Standards or stream classificaiions. ·· c) This permit, or certification under this permit, may be modified in whole or in part to include new effiuent limitations and other appropriate permit conditions where data submitted pursuant to Part I indicate that such effiuent limitations and permit conditions are necessary to ensure compliance with applicable water quality standards and protection of classified uses. d) At the request of the permittee, the Division may modify or inactivate certification under this permit if the following conditions are met: 1) In the case of inactivation, the pennittee notifies the Division of its intent to inactivate the certification, and certifies that the site has been fmally stabilized; 2) In the case of inactivation, the permittee has ceased any and all discharges to state waters and demonstrates to the Division there is no probability of further uncontrolled discharge(s) which may affect waters of the State. 3) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes anc\;regulations for such modification, aruendment or inactivation; 4) Fee requirements of Section 61.15 of the Colorado Discharge Permit System Regulations have been met; and 5) Applicable requirements of public notice have been met. For small construction sites covered by a Qualifying Local Program, coverage under this permit is automatically terminated when a site has been fmally stabilized. B. RESPONSIBILITIES (cont.) 5. Permit Violations Failure to comply with any tenns and/or conditions of this pennit shall be a violation of this pennit. Dischargers of stonnwater associated with industrial activity, as defined in the EPA Stonnwater Regulation ( 40 CFR 122.26(b)(l4) and Section 61.3(2) of the Colorado Discharge Penni! System Regulations, which do not obtain coverage under this or other Colorado general permits, or under an individual CDPS pennit regulating industrial stonnwater, will be in violation of the federal Clean Water Act and the Colorado Water Quality Control Act, 25-8-101, as amended. Failure to comply with CDPS permi.t requirements will also constitute a violation. 6. Legal Responsibilities The issuance of this pennit does not convey any property or water rights in either real or personal property, or stream flows, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority granted by Section 510 of the Clean Water Act. 7. Severability The provisions of this permit are severable. If any provisions ofthis permit, or the application of any provision of this permit to any circumstance, are held invalid, the application of such provision to other circumstances and the application of the remainder of this permit shall not be affected. 8. Renewal Apollcation If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least ninety (90) days before this permit expires. If the permittee anticipates that there will be no discharge after the expiration date of this permit, the Division should be promptly notified so that it can inactivate the certification in accordance with Part 11.B.4.d. 9. Confidentiality Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Colorado Discharge Permit System Regulations, Section 61.5( 4), all reports prepared in accordance with the tenns of this permit shall be available for public inspection at the offices of the Division. The permittee must state what is confidential at the time of submittal. Any infonnation relating to any secret process, method of manufacture or production, or sales or marketing data which has been declared confidential by the permittee, and which may be acquired, ascertained, or discovered, whether in any sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the Commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection of this section shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full disclosure of effluent data. 10. Fees The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended. B. RESPONSIBILITIES(cont.) 11. Requiring an Individual CDPS Permit The Director may require the pernrittee to apply for and obtain an individual or alternate general COPS pemrit if: a) The discharger is not in compliance with the conditions of this general pemrit; b) Conditions or standards have changed so that the discharge no longer qualifies for a general pemrit; or c) Data/information become available which indicate water quality standards may be violated. The pemrittee must be notified in writing that an application for an individual or alternate general COPS pemrit is required When an individual or alternate general CDPS permit is issued to an operator otherwise covered tlllder this general pennit, the applicability of this general pemrit to that operator is automatically inactivated upon the effective date of the individual or alternate general COPS pemrit. Water Quality Control Division WQCD-P-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 RATIONALE STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY GENERAL PERMITJN COLORADO THIRD RENEWAL COLORADO DISCHARGE PERMIT NUMBER COR-030000 I. II. JII. JV. v. VI. VII. VIII. IX. x 1. INTRODUCTION CONTENTS Introduction Changes in this General Permit Background Stormwater Discharges Associated with Constrnction Activity Coverage Under this Permit Application and Certification QualifY/ng Local Programs Terms and Conditions of Permit Public Notice -1212 2106 Public Notice -3123107 PAGE 1 1 8 9 JO JO 11 11 15 15 This permit is for the regulation ofstormwater rnnof!from construction activities, and specific allowable non- stormwater discharges in accordance with Part J.D.3 of the permit. The term "constrnction activity" includes ground surface disturbing activities, including, but not limited to, clearing, grading, excavation. demolition, Installation of new or Improved haul and access roads, staging areas, stockpiling of fill materials, and borrow areas. "Stormwater" is precipitation-induced surface runoff This rationale will explain the background of the Stormwater program, activities which are covered under this permit, how to apply for coverage under this permit, and the requirements of this permit. The forms discussed in the rationale and permit are available on the Water Quality Control Division's website at: www.cdohe.state.co.nslwq!Per111itsUnit II. CHANGES IN THIS GENERAL PERMIT Several notable changes from the previous General Permit for Construction Activities have been incorporated into this permit. Significant changes are listed below. Numerous other minor changes were made for clarification purposes only. A. Authority to Discharge This section has been restructured to list all of the types of activities covered by this permit, and to be consistent with the definition of "construction activity." The definition of construction activity has been expanded to provide clarification. See Part I.A. I of the permit. PART II Pennit -Page 24 Permit No. COR-030000 II. CHANGES IN THIS GENERAL PERMIT (cont.) B. Authoritv to Discharge-Oil and Gas Constn1ction This section has been added, to take into account a regulatory change. The federal Energy Policy Act of 2005 exempts nearly all oil and gas construction activities from federal requirements under the Clean Water Act's NP DES stormwater discharge permit program. In January 2006, the Colorado Water Quality Control Commission held a hearing to determine what effects, if any, the change in federal law would have upon Colorado's stormw"ater regulations. The Commission determined that oil and gas construction sites in Colorado that disturb one or more acres are still required to be covered under Colorado's stormwater permitting regulations (Colorado Discharge Permit System (CDPS) regulations (5CCR 1002-61)). Jn practice, oil and gas construction sites have the same requirements under this permit as do other types of construction. However, this permit contains some references to the federal Clean Water Act; generally these references are not applicable to oil and gas construction sites to the extent that the references are limited by the federal Energy Policy Act of 2005. See Part I.A.I {b) of the permit. C. Application Requirements The permit application requirements have changed slightly, including the addition of an email address, if available. See Part LA.4{b). The applicant must be either the owner and/or operator of the construction site. An operator at a construction site that is not covered by a certification held by an appropriate entity may be held liable for operating without the necessary permit coverage. D. Temporary Coverage Part I.A.5(d) of the previous permit (effective July 1, 2002) dealt with temporarily covering a facility under the general permli even if an individualpermit is more appropriate. This permit section essentially duplicated the previous section (see Part l.A.5(c)), and so it has been deleted. E. Reassignment of Permit Coverage Procedures have been added to clarifa the requirements for the transfer of coverage of specific portions of a permitted site to a second party. See Section VIII.l.3 of the rationale and Part l.A.8 of the permit. F. Individual Permit Criteria This section has been modified to include situations involving a Total Maximum Daily Load (TMDL}. See Part I.A.11 of the permit. G. Stormwater Management Plan (SWMf) The Stormwater Management Plan section has been divided into two parts: Stormwater Management Plan (SWMP) -General Requirements, which provides the basic framework and general requirements for the SWMP, and Stormwater Management Plan (SWMP) -Contents, which specifically identifies each item that must be addressed in the SWMP. See Parts l.B and I.C of the permit. H. Storm water Management Plan (SWMP) -General Requirements The SWMP General Requirements section has been modified to require that the SWMP be updated in accordance with Parts l.D.5(c) and J.D.5(d} of the permit (SWMP Review/Changes). This additional requirement ensures that the SWMP provisions reflect current site conditions. See Part l.B.2(c) of the per1nit. PART II Pennit -Page 25 Pennit No. COR-030000 II. CHANGES IN THIS GENERAL PERMIT (cont.) I. Stormwater Management Plan (SWMP! -Contents The SWMP Contents section has been modified. Some of the changes are limited to organization of information, which does not require modification of an existing permittee 's current SWMP. Most of the SWMP changes involve either clarifications, reformatting, or taking recommendations from the Division 's SWMP guide and making them permit requirements (e.g .. vehicle tracking controls, BMP installation specifications). If an existi11g permittee (i.e., those with permit coverage before June 30, 2007) followed the recommendations in the SWMP guide {Appendix A of the permit application), then their SWMP will presumably meet the new requirements. However, for any existing permittees who did not follow the applicable SWMP guide recommendations, their SMWP must be amended to include the new required items: -SWMP Administrator -Identification of potential pollutant sources -Best Management Practices descriptions and installation specifications, including dedicated concrete or asphalt batch plants; vehicle tracking control; and waste management and disposal (including concrete washout activities). For existing permittees, any SWMP changes based on the change in pennit requirements must be completed by October 1, 2007. The plan is not to be submitted to the Division unless requested, but must be available on site as outlined in Part l.D.5(b) of the permit. The BMP requirement clarifications included in this renewed permit in no way imply that adequate BMPs to address all pollutant sources at a permitted site were not required in previous permits. The revised requirements are intended only to better clarifY SWMP content requirements and provide improved direction to permittees. The SWMP changes are listed below. All new applicants (after June 30, 2007) for permit coverage for their sites must fully comply with the new SWMP organization, plan requirements, and implementation. 1. Site Description: The requirement to provide an estimate of the run-of! coefficient has been removed. The run-of! coefficient as currently utilized in the SWMP may not contribute sufficiently to permit compliance to justifY the effort in determining accurate values. See Part I.C.l of the permit. However, the Division still encourages use of the coefficient as needed to adequately evaluate site-specific BMP selection and design criteria (e.g., pond capacities, BMP location, etc.) See Section C.2 of the SWMP guidance {Appendix A of the permit application). 2. Site Map: The requirement to identifY boundaries of the 100-year flood plain has been removed. The boundaries as currently utilized in the SWMP may not contribute sufficiently to permit compliance to justifY the effort in determining their location. See Part J.C.2 of the permit. 3. Stormwater Management Controls: This section has been modified to require identification of a SWMP Administrator and all potential pollutants sources in the'SWMP. See Part l.C.3 of the permit. a) The SWMP Administrator is a specific individual(s), position or title who is responsible for the process of developing, implementing, maintaining, and revising the SWMP. This individual serves as the comprehensive point of contact for all aspects of the facility's SWMP. This requirement may necessitate changes to existing permlttees' SWMPs. PART II Permit • Page 26 Permit No. COR-030000 II. CHANGES IN THIS GENERAL PERMIT (cont.) b) The requirement to identify Potential Pollutant Sources has been expanded to include more details for the evaluation of such sources. This evaluation allows for the appropriate selection of BMPs for implementation at a facility or site. Additionally, this section was added to be consistent with the SWMP guide. This require111e11t 111ay necessitate clza11ges to existing permlttees' SWMPs, c) Best Management Practices (BMPs) for Stormwater Pollution Prevention: This section was modified to require the following items to be addressed in the SWMP. These req11irements may necessitate changes to existing permittees' SWMPs. This section also requires that the SWMP provide installation and implementation specifications for each BMP identified in the SWMP. For structural BMPs, in most cases, this must include a technical drawing to provide adequate installation specifications. See Part I.C.3(c}. i) Dedicated concrete or asphalt batch plants. This section requires that the practices used to reduce the pollutants in stormwater discharges associated with dedicated concrete or asphalt batch plants be identified in the SWMP. (Coverage under the construction site SWMP and permit is.not required for batch plants if they have alternate CDPS permit coverage.) ii) Vehicle tracking control. This section requires that practices be implemented to control sediment from vehicle tracking, and that all such practices implemented at the site be clearly described in the SWMP. iii) Waste management and disposal. This section requires that the practices implemented at the site to control stormwater pollution from construction site waste, including concrete washout activities, be clearly described in the SWMP. It also requires that concrete washout actiVities be condticted in a manner that ddes not contribute pollutants to surface waters or stormwater runoff. iv) Concrete Washout Water. Part 1.D.3(c) of the permit has been revised to conditionally authorize discharges to the ground of concrete wash water from washing of tools and concrete mixer chutes when appropriate BMPs are implemented. The permit prohibits the discharge of concrete washout water to sutface waters and to storm sewer systems. Part J.C.3(c)(7) of the permit requires that BMPs be in place to prevent sutface discharges of concrete washout water from the site. The use of unlined pits to contain concrete washout water is a common practice in Colorado. The Division has further evaluated the need for a permit for discharge of concrete washout water to the ground. The Division has determined that the use of appropriate BMPs for on-site washing of tools and concrete mixer chutes would prevent any significant discharge to groundwater. BMPs to protect groundwater are required by Part J.C.3{c){7) of the permit. Because pH is a pollutant of concern for washout activities, the soil must have adequate buffering capacity to result in protection of the groundwater standard, or a liner/containment must be used. The following management practices are recommended to prevent an impact from unlined pits to groundwater: {I) the use of the washout site should be temporary (less than I year), and (2) the washout site should be not be located in an area where shallow groundwater may be present, such as near natural drainages, springs, or wetlands. PARTI! Penni! -Page 27 Pennit No. COR-030000 II. CHANGES IN THIS GENERAL PERMIT (cont.) Where adequate management practices are not followed to protect groundwater quality, the Department may require discharges to unlined pits to cease, or require the entity to obtain alternate regulatory approval through notice from either the Water Quality Control Division or the Hazardous Materials and Waste Management Division. In addition, Part I.D.I {b) of the permit has been revised to clearly state that the permit does not authorize on-site permanent disposal of concrete washout waste, only temporary containment of concrete washout water from washing of tools and concrete mixer chutes. Upon termination of use of the washout site, accumulated solid waste, including concrete waste and any contaminated soils, must be re1noved fro1n the site to prevent on-site disposal of solid waste. v) Construction Dewatering. Part l.D.3(d) of the permit has been revised to conditionally authorize discharges to the ground of water from construction dewatering activities when appropriate BMPs are implemented. The permit does not authorize the discharge of groundwater from construction dewatering to su!face waters or to storm sewer systems. Part I. C.3(c){8) of the permit requires that BMPs be in place to prevent surface discharges. The permittee may apply for coverage under a separate CDPS discharge permit, such as the Construction Dewatering general permit, if there is a potential for discharges to suiface waters. The Division has determined that potential pollutant sources introduced into groundwater from construction dewatering operations do not have a reasonable potential to result in exceedance of groundwater standards when the discharge is to the ground. The primary pollutant of concern in uncontaminated groundwater is sediment. Although techno/ogy- based standards for sediment do exist in 5 CCR I 002-41, the discharge of sediment to the ground as part of construction dewatering does not have the reasonable potential to result in transport of sediment to the groundwater table so as to result in an exceedance of those standards. For a discharge of water contaminated with other pollutants that are present in concentrations that may cause an exceedance of groundwater standards, separate CDPS discharge permit coverage is required. Contaminated groundwater may include that contaminated with pollutants from a landfil/, mining activity, industrial pollutant plume, underground storage tank, or other source of human-induced groundwater pollution and exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42. J. Terms and Conditions. General Limitations and Design Standards This section reiterates the requirement that facilities select, install, implement, and maintain appropriate BMPs, following good engineering, hydro/ogle and pollution control practices. In addition, requirements for protection of water quality standards (see Part l.D.l.(a) of the permit) and requirements to adequately design BMPs to prevent pollution or degradation of State waters (see Part l.D.2 of the permit) have been revised and are fully discussed in Part 111.B of the rationale, below. Additional language was also added to Section Ill.B of the rationale further clarifying the expectations for compliance with this permit. I. Management o(Site Waste This section has been modified to clarify that on-site waste must be properly managed to prevent potential pollution of State waters, and that this permit does not authorize on-site waste disposal. Solid waste disposal is regulated by the Hazardous Materials and Waste Management Division. PART II Permit -Page 28 Permit No. COR-030000 !!. CHANGES IN THIS GENERAL PERMIT (cont.) K. Terms and Conditions, SWMP Requirements 1. SWMP Review/Changes: This section now requires that when changes are made to site conditions, the SWMP must be revised immediately, except for some BMP description changes which conditionally may occur within 72 hours. This requirement is included to both ensure that the SWMP be kept accurate and up-to-date, and to clarify that stormwater management at a site typically should be proactive instead of responsive, and be integrated into site management to ensure it is calibrated with those changes. The section was also clarified to state that only changes in site conditions that do not require new or modified BMPs do not need to be addressed in the SWMP. See Part I.D.5(c) of the permit. 2. SWMP Certijicatio11: The previous permit was unclear on a requirement that the copy of SWMP that remains at the facility had to be signed in accordance with permit signatory requirements. This requirement has been deleted. The signatory requirement of Part !.F.I only applies to the SWMP if ii is to be submitted to the Division or to EPA. See Part I.F.I of the permit. L. Terms and Conditions. Post-Storm Inspections The previous permit required post-storm inspections, but did not specify the timing of inspections. This section now requires that post-storm event inspections generally be conducted within 24 hours of the event. An alternative timeline has been allowed, only for sites where there are no construction activities occurring following a storm event. For this condition, post-storm event inspections shall instead be conducted prior to commencing construction activities, but no later than 72 hours following the storm event, and the delay noted in the inspection report. Any exception from the minimum inspection schedule is temporary, and does not eliminate the requirement to perform routiiie nialnieiiance due to the effects of a storm event, including maintaining vehicle tracking controls and removing sediment from impervious areas. In many cases, maintenance needs will require a more frequent Inspection schedule than the minimum inspections required in the permit, to ensure that BMPs continue to operate as needed to comply with the permit. See Part l.D.6(a) of the permit. M. Terms and Conditions, Inspections 1. The Winter Conditions Inspection Exclusion section has been modified to include documemation requirements for this exclusion. See Part I.D.6(a) of the permit. The Inspection Scope has been modified to include the requirement to inspect waste storage areas during inspections conducted in accordance with the permit. See Part l.D.6(b) of the permit. 2. The requirements for sites to qualifY for reduced inspection frequencies for completed sites have been slightly modified (see Part I.D.6(a)(2) of the permit,). The requirement now is that only construction activities that disturb the ground swface must be completed. Construction activities that can be conducted without disturbance of the ground swface; for example, inten·or building construction, and some oil well activities, would not prohibit a site from otherwise· qualifyingfor the reduced inspection frequency. In addition, the requirement for the site to be prepared for final stabilization has been slightly modified to allow for sites that have not yet been seeded to qualify, as long as the site has otherwise been prepared for final stabilization, including completion of appropriate soil preparation, amendments and stabilization practice. This will allow for sites with seasonal seeding limitations or where additional seed application may be needed in the future to still qualify. PART II Penni! -Page 29 Penni! No. COR-030000 II. CHANGES IN THIS GENERAL PERMIT (cont.) 3. The Inspection Report/Records section (Part l.D.6(b)(2)) was added to clar!JY requirements for inspection reports generated during an inspection conducted in accordance with Part l.D.6 of the permit. Inspection reports must be signed by the inspector, or the individual ver!JYing the corrective action indicated in the inspection report, on behalf of the permittee. Inspection reports are not typically required to be submitted to the Division, and therefore, are not required to be signed and certified/or accuracy in accordance with Part l.F.l of the permit. However, any inspection reports that are submitted to the Division must follow the signatory requirements contained in that section. N. Terms and Conditions, Maintenance. Repair, and Replacement of Control Practices These sections have been added to clarifa requirements for maintaining the BMPs identified in the SWMP and for addressing ineffective or failed BMPs. BMP maintenance and site assessment to determine the overall adequacy of stormwater quality management at the site must occur proactively, in order to ensure adequate control of pollutant sources at the site. In most cases, if BMPs are already not operating effectively, or have failed, the issue must be addressed immediately, to prevent discharge of pollutants. See Parts l.D. 7 and f.D.8 of the permit. 0. Total Maximum Dailv Load (TMDLI A section on TMDLs has been added. This section gives a general outline of the additional requirements that may be imposed by the Division if the facility discharges to a waterbody for which a stormwater-re/ated TMDL is in place. See Section V/ll.C of the rationale and Part l.D.11 of the permit. P. Additional Definitions Part l.E of the permit has been modified to remove the definition ofrnnoff coefficient, as it is no longer a permit requirement. The definition for state waters has also been deleted, but can be found in Regulation 61. Q. Changes in Discharge The section on the types of discharge or facility changes that necessitate Division notification has been clarified. See Part II.A.I of the permit. R. Non-Compliance Notification The section on notification to the Division regarding instances of non-compliance has been amended to clarifa which types of noncompliance require notification. See Part 11.A.3 of the permit. S. Short Term Certifications The previous permit allowed small short-term constrnction activities to be authorized/or a predetermined period from 3 to 12 months, and then automatically expire (an inactivation request did not need to be submitted). The issuance of these certifications has led to significant confusion and incidents of noncompliance resulting from permittees unintentionally letting their certifications expire prior to final stabilization, as well as issues regarding billing. Therefore, the provisions for short-term certifications have been deleted. T. Bveass The Division has revised the Bypass conditions in Part 11.A.5 of the permit to be consistent with the requirements of Regulation 61.8(3)(i). The revised language addresses under what rare occurrences BMPs may be bypassed at a site. PART II Permit -Page 30 Permit No. COR-030000 Ill. BACKGROUND 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. This framework is under the National Pollutant Discharge Elimination System (NPDES) program (Note: The Colorado program is referred to as the Colorado Discharge Permit System, or CDPS, instead ofNPDES.) The Water Quality Comrol Division ("the Division'~ has stormwater regulations (5CCR 1002-61) in place. These regulations require specific types of industrial facilities that discharge stormwater associated with industrial activity (industrial storm water), to obtain a CDPS permit for such discharge. The regulations specifically include constroction activities that disturb one acre of land or more as industrial facilities. Construction activities that are part of a larger common plan of development which disturb one acre or 'more over a period of time are also included. A. General Permits The Division has determined that the use of general permits is the appropriate procedure for handling most of the thousands of industrial stormwater applications within the State. B. Permit Requirements This permit does not impose numeric efjluent limits or require submission of efjluent monitoring data in the permit application or in the permit itself. The permit instead imposes practice-based efjluent limitations for stormwater discharges through the requirement to develop and implement a Stormwater Management Plan (SWMP). The narrative permit requirements include prohibitions against discharges ofnon-stormwater (e.g., process water). See Part 1.D.3 of the permit. The permit conditions for the SWMP Include the requirement for dischargers to select, implement and maintain Best Management Practices (BMPs) at a permitted construction site that adequately minimize pollutants in the discharges to assure compliance with the terms and conditions of the permit. Part l.D.2 of the permit Includes basic design standards for BMPs implemented at the site. Facilities must select, install, implement, and maintain appropriate BMPs, following good engineering, hydrologic and pollution control practices. BMPs implemented at the site must be adequately designed to control all potential pollutant sources associated with constroction activity to prevent pollution or degradation of State waters. Pollution is defined in CDPS regulations (5CCR 1002-61) as man-made or man-induced, or natural alteration of the physical, chemical, biological, and radiological integrity of water. Utilizing industry-accepted standards for BMP selection that are appropriate for the conditions and pollutant sources present will typically be adequate to meet these criteria, since construction BMPs are intended to prevent the discharge of all but minimal amounts of sediment or other pollutants that would not result in actual pollution of State waters, as defined above. However, site-specific design, including ongoing assessment of BMPs and pollutant sources, is necessary to ensure that BMPs operate as intended. The permit further requires that storm water discharges from construction activities shall not cause, have the reasonable potential to cause, or measurably contribute to an excursion above any water quality standard, Including narrative standards for water quality. This condition is the basis for all CDPS Discharge permits, and addresses the need to ensure that waters of the State maintain adequate water quality, in accordance with water quality standards, to continue to meet their designated uses. It is believed that, in most cases, BMPs can be adequate to meet applicable water quality standards. lfwater quality impacts are noted, or the Division otherwise determines that additional permit requirements are necessary, they are typically imposed as follows: 1) at the renewal of this general permit or through a general permit specific to an industrial sector (if the issue is sector-based); 2) through direction from the Division based on the implementation of a TMDL (if the issue is watershed-based); or 3) if the issue is site-specific, through a revision to the certification from the Division based on an inspection or SWMP review, or through an individual permit. PART II Pennit • Page 31 Pennit No. COR-030000 lIJ. BACKGROUND (cont.) Some construction sites may be required to comply with a Qualifying Local Program in place of meeting several of the specific requirements in this pennit. Sites covered by a Qualifying Local Program may not be required to sub1nit an application for coverage or a notice of inactivation and 1nay not be required to pay the Division's annual fee. See Section VII of the rationale. C. Violations/Penalties Dischargers ofstormwater associated with industrial activity, as defined in the CDPS regulations (5CCR 1002-61), that do not obtain coverage under this or other Colorado general permits, or under an individual CDPS permit regulating industrial stormwater, will be in violation of the Federal Clean Water Act and the Colorado Water Quality Control Act, 25-8-101. For facilities covered under a CDPS permit,failure to comply with any CDPS permit requirement constitutes a violation. As of the time of permit issuance, civil penalties for violations of the Act or CDPS permit requirements may be up to $10,000 per day, and criminal pollution of state waters is punishable by fines of up to $25,000 per day. IV. STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY The stormwater regulations (CDPS regulations (5CCR 1002-61)), require that stormwater discharges associated with certain industrial activities be covered under the permit program. Construction activity that disturbs one acre or more during the life of the project is specifically included in the listed industrial activities. This permit is intended to cover most stormwater discharges from construction facilities required by Stale regulation to obtain a permit. A. Construction Activity Construction activity includes ground sutface disturbing activities including, but not limited to, clearing, grading, excavation, demolition, installation of new or improved haul and access roads, staging areas, stockpiling of fill materials, and dedicated borrow/fill areas. Construction does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility. (The maintenance exclusion is intended for projects such as road resurfacing, and where there will be less than one acre of additional ground disturbed. Improvements or upgrades to existingfacilities or roads, where at least one acre is disturbed, would not qualifY as "routine maintenance. ") Definitions of additional terms can be found in Part I.E of the permit. Stormwater discharges from all construction activity require permit coverage, except for operations that result in the disturbance of less than one acre of total land area and which are not part of a larger common plan of development or sale. A "larger common plan of development or sale" is a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules. B. Tvpes o(Discharges/Activities Covered 1. Stormwater: This permit is intended to cover most new or existing discharges composed entirely of stormwater from construction activities that are required by State regulation to obtain a permit. This includes stormwater discharges associated with areas that are dedicated to producing earthen materials, such as soils, sand, and gravel, for use at a single construction site. These areas may be located at the construction site or at some other location. This permit does not authorize the discharge of mine water or process water from borrow areas. This permit may also cover storm water discharges associated with dedicated asphalt plants and concrete plants located at a specific construction site. PART II Permit -Page 32 Permit No. COR-030000 IV. STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY (cont.) 2. Process water: Under certain restrictions, discharges to the groundfro1n construction dewatering, and from concrete washout activities, are also covered (see Parts I.C.3(c)(7), l.C.3(c)(8), I.D.3(c) and l.D.3(d) of the permit). C. Tvpes o(Activities NOT Covered 1. Stormwater: Aside from the sources listed in subparagraph B. l, above, this permit does not cover stormwater discharged from construction sites that is mixed with stonnwater from other types of industrial activities, or process water of any kind. Other types of industrial activities that require stormwater discharge permits pursuant to different sections of the regulations (Regulation 5 CCR 1002-6I, Section 61.2(e)(iii)(A-I, K)], are not covered by this permit. 2. Process water: This pennit also does not cover any discharge of process water to surface waters. If the construction activity encounters groundwater, in order to discharge this groundwater to suiface waters, a Construction Dewatering Discharge Permit (permit number COG-070000) must also be obtained. An application for this permit can be obtained from the Division at the address listed in Part J.A.4(a) of the permit, or at the website in Section I of the rationale. V. COVERAGE UNDER THIS GENERAL PERMIT Under this general permit, owners or operators ofstonnwater discharges associated with construction activity may be granted authorization to discharge stormwater into waters of the State of Colorado. This includes stormwater discharges associated with industrial activity from areas that are dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction site, and dedicated asphalt plants and dedicated concrete plants. This permit does not.pre-empt or supersede.the. authority of other local,. state or federal.agencies to prohibit, restrict or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. Authorization to discharge under the permit requires submittal of a completed application form and a certification that the SWMP is complete, unless the site is covered by a Qualifying Local Program. Upon receipt of all required information, the Division may allow or disallow coverage under the general permit. VI. APPL!CATJON AND CERTIFICATION At least ten days prior to the commencement of construction activities, the owner or operator of the construction site shall submit an original completed application which includes the signed certification that the SWMP is complete. Original signatures are required for the application to be considered complete. For small construction sites only, if the site is covered by a-Qualifying Local Program (see below), submittal of an application is not required. For the purposes of this permit, the "operator" is the person who has day-to-day control over the project. This can be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. At different times during a construction project, different types of parties may satisfo the definition of "operator" and the certification may be transferred as roles change. (Note -Under the Federal regulations, this application process is referred to as a Notice of Intent, or NO!. For internal consistency with its current program, the Division wl/l continue to use the term "application. ") A summary of the permit application requirements is found in the permit at Part l.AA(b). If coverage under this general permit is appropriate, then a certification will be developed and the applicant will be certified under this general permit. PART II Permit -Page 33 Permit No. COR-030000 VII. QUALIFYING LOCAL PROGRAMS For stormwater discharges associated with small construction activity (i.e., one to five acre disturbed area sites), the permit includes conditions that incorporate approved qualifying local erosion and sediment control program (Qualifying Local Program) requirements by reference. A Qualifying Local Program is a municipal stormwater program for stormwater discharges associated with small construction activity that has been formally approved by the Division. The requirements for Qual!fYing Local Programs are outlined in Part 61.8(!2) of the Colorado Discharger Permit System Regulations (also see the Division's "Qual!/Ying Local Programs for Small Construction Sites -Application Guidance"). Such programs must impose requirements to protect water quality that are at /east as stringent as those required in this permit. A. Approval Termination A Qualifying Local Program may be terminated by either the Division or the municipality. Upon termination of Division approval of a Qualifying Local Program, any small construction activity required to obtain permit coverage under Section 6/ .3(2){h) of the CDPS regulations (5CCR I 002-61), shall submit an application form as provided by the Division, with a certification that the Stormwater Management Plan (SWMP) is complete as required by Part I.A.3 of the permit, within 30 days of Division notification. B. Approval Expiration Division approval of a Qualifying Local Program will expire with this general permit on June 30, 2012. Any municipality desiring to continue Division approval of their program must reapply by March 31, 20I2. The Division will determine if the program may continue as a approved Qual!fYing Local Program. Vlll. TERMS AND CONDITIONS OF PERMIT A. Coverage under a Oua/ifving Local Program -For Small Construction Sites Onlv For small construction sites (disturbing less than 5 acres) covered under a Qual!fYing Local Program (see Section VII, above), only certain permit requirements apply, as outlined below. The local program must have been formally designated by the Division to qualifY. Most municipalities have some type of local program and may require permits and fees. However, simply having a program in place does not necessarily mean that it is a qualifYing program and that a State permit is not required. The local municipality is responsible for not!fYing operators and/or owners that they are covered by a QualifYing Local Program. As of May 31, 2007, the only approved Qualifying Local Programs within the state are for Golden, Durango and Lakewood. An updated list of municipalities with QualifYing Local Programs, including contact information, is available on the Division's website at: http:llwww.cdphe.state.co.uslwq/PermitsUnit/stormwaterlconstn1ction.html. The Division reserves the right to require any construction owner or operator within the jurisdiction of a Qualif.ying Local Program covered under this permit to apply for and obtain coverage under the fall requirements of this permit. I. Permit Coverage: If a construction site is within the jurisdiction of a Qualifying Local Program, the owner or operator of the construction activity is authorized to discharge stormwater associated with small construction activity under this general permit without the submittal of an application to the Division. The permittee also is not required to submit an inactivation notice or payment of an annual fee to the Division. PART II Pennit -Page 34 Pennit No. COR-030000 Vl/l. TERMS AND CONDITIONS OF PERMIT (cont.) 2. Permit Terms a111l Conditions: The permittee covered by a Qualifaing Local Program must comply with the requirements of that Qualifaing Local Program. In addition, the following permit sections are applicable: a) Parts I.A.I, I.A.2, and I.A.3: Authorization to discharge and discussion of coverage under the per1nit. b) Part I.D.I: General limitations that must be met in addition to local requirements. c) Parts l.D.2, I.D.3, l.D.4: BMP implementation, prohibition ofnon-stormwater discharges unless addressed in a separate CDPS permit, and requirements related to releases of reportable quantities. d) Part l.D.I I: Potential coverage under a Total Maximum Daily Load (TMDL). e) Part I.E: Additional definitions. j) Part II (except for Parts II.A. I, IJ.B.3, 11.B.8, and Il.B.I 0): Specifically includes, but is not limited to, provisions applicable In the case of noncompliance with permit requirements, and requirements to provide information and access. B. Stormwater Management Plans (SWMPs/ Prior to commencement of constrnction, a stormwater management plan (SWMP) shall be developed and implemented/or each facility covered by this permit. A certification that the SWMP is complete must be submitted with the permit application. The SWMP shall identifa potential sources of pollution (including sediment) which may reasonably be expected to affect the quality of storinwater discharges associated with construction activity from the facility. In addition, the plan shall describe the Best Management Practices (BMPs) which will be used to reduce the pollutants in stormwater discharges from the construction site. (Note that permanent stormwater controls, such as ponds, that are used as temporary construction BMPs must be adequately covered in the SWMP.) Facilities must implement the provisions of their SWMP as a condition of this permit. The SWMP shall include the following items: I. Site Description 2. Site Map 3. Stormwater Management Controls 4. Long-term Stormwater Management 5. Inspection and Maintenance (See Parts J.B. and l.C of the permit/or a more detailed description o/SWMP requirements.) The Division has a guidance document available on preparing a SWMP. The document is included as Appendix A of the permit application, and is available on the Division's website at www.cdphe.state.co. uslwq/PennitsUnit. Some changes have been made to the SWMP requirements. See Section II.I of the rationale for a discussion on permlttee responsibilities regarding those changes. VIII. TERMS AND CONDITIONS OF PERMIT (cont.) MasterSWMP PART II Pennit -Page 35 Pennit No. COR-030000 Often, a large construction project will involve nzu/tiple snzaller construction sites that are within a common plan of development, or multiple well pads under construction within an oil and gas well field. Pollutant sources and the types of BMPs used can be relatively consistent in such cases. A permittee could significantly streamline the SWMP development process through the use of a master SWMP. SWMP information must be developed and maintained for all construction activities that exceed one acre (or are part of a common plan of development exceeding one acre) conducted within the permitted area. By developing a single master plan, the permittee can eliminate the need to develop repetitive ieformation in separate plans, Such a plan could include two sections, one containing a reference section with information applicable to all sites (e.g., installation details and maintenance requirements for many standard BMPs, such as silt fence and erosion blankets), and the second containing all of the information specific to each site (e.g., site BMP map, drainage plans, details for BMPs requiring site specific design, such as retention ponds). As new activities begin, information required in the SWMP is added to the plan, and as areas become finally stabilized, the related information is removed. Records of information related to areas that have been finally stabilized that are removed fi·om the active plan must be maintained for a period of at least three years from the date that the associated site is finally stabilized. C. Total Maximum Dailv Load CTMDLI If the designated use of a stream or water body has been impaired by the presence of a pollutant(s), development of a Total Maximum Daily Load (TMDL) may be required. A TMDL is an estimate of allowable loading in the waterbody for the pollutant in question. Types of discharges that are or have the poteniial to be a significant source of the pollutant are also identified. If a TMDL has been approved for any waterbody into which the permittee discharges, and stormwater discharges associated with construction activity have been assigned a pollutant-specific Wasteload Allocation (WLA) under the TMDL, the Division will either: 1. Notify the permittee of the TMDL, and amend the permittee's certification to add specific BMPs and/or other requirements, as appropriate; or 2. Ensure.that the TMDL is being implemented properly through alternative local requirements, such as by a municipal stormwater permit. (The only current example of this is the Cheny Creek Reservoir Control Regulation (72.0), which mandates that municipalities within the basin require specific BMPs for construction sites.) See Part l.D. 11 of the permit for further ieformatton. D. Monitoring Sampling and testing of stormwater for specific parameters is not required on a routine basis under this permit. However, the Division reserves the right to require sampling and testing on a case-by-case basis, in the event that there is reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in removing pollutants in the effeuent. See Part l.D.l (e) of the permit. E. Facility Inspections Construction sites typically must inspect their slormwater management controls al least every 14 days and within 24 hours after the end of any precipitation or snowmelt event that causes suiface erosion. At sites or portions of sites where ground-disturbing construction has been completed but a vegetative cover has not been established, these inspections must occur at least once per month. (At sites where persistent snow cover conditions exist, inspections are not required during the period that melting conditions do not exist. These · PART II Permit -Page 36 Permit No. COR-030000 VIII. TERMS AND CONDITIONS OF PERMIT (cont.) conditions ore only expected to occur at high elevations within the Colorado mountains.) For all of these inspections, records must be kept on file. Exceptions to the inspection requirements are detailed in Part l.D.6 of the permit. F. SWMP Revisions The permittee shall amend the SWMP whenever there is a change in design, construction, operation, or mailllenance of the site, which would require the implementation of new or revised BMPs. The SWMP shall also be amended if it proves to be inejfec/ive in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity. The timing for completion of SWMP changes is detailed in Parts l.D.5(c) and l.D.5(d) of the permit. SWMP revisions shall be made prior to change in the field, or in accordance with Part l.D.5(d) of the permit. G. Reporting The inspection record shall be made available to the Division upon request. Regular submittal of an annual report is not required in this permit. See Part l.D.9 of the permit. H. Annual Fee The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Permittees will be billed for the initial permit fee within a few weeks of permit issuance and then annually, based on a July I through June 30 billing cycle. I. Responsibility (Or Permit The permit certification for a site may be inactivated, once coverage is no longer needed. The certification may be transferred, if another party is assuming responsibility for the entire area covered by the certification. In addition, permit responsibility for part of the area covered by the certification may be reassigned to another party. These actions are summarized below. The Stonnwater Program construction fact sheet explains these actions in further detail under the section on Multiple Owner/Developer Sites, and is available on the Division website at htw:llwww.cdphe.state.co.uslwq/PermitsUnitlstormwater/ConstFactS/zeet.PDF. Section F. I. Inactivation Notice: When a site has been finally stabilized in accordance with the SWMP, the permittee shall submit an Inactivation Notice that is signed in accordance with Part l.F.l of the permit. A summary of the Inactivation Notice content is described in Part l.A.6 of the permit. A copy of the Inactivation Notice form will be mailed to the permittee along with the permit certification. Additional copies are available from the Division. For sites where all areas have been removed from permit coverage, the permittee may submit on inactivation notice and terminate permit coverage. In such cases the permittee would no longer have any land covered under their permit certification, and therefore there would be no areas remaining to finally stabilize. Areas may be removed from permit coverage by: -reassignment of permit coverage (Part l.A.8 of the permit); -sale to homeowner(s) (Part l.A.9 of the permit); or -amendment by the permittee, in accordance with Division guidance for areas where permit coverage has been obtained by a new operator or returned to agricultural use. HIGHLIGHTS CONSTRUCTION ACTIVITY (renewal) STORMW ATER GENERAL PERMIT PERMIT REQUIREMENTS: * Inspections: Inspection of stonnwater management system required at least eve1y 14 days and after any precipitation or snowmelt event that causes surface erosion. (See Inspections, page 12 of the pennit.) * Records: Records of inspections must be kept and be available for review by the Division. * Stormwater Management Plan (SWMP): The SWMP requirements have changed slightly. You may need to amend your SWMP -see the Rationale, page 3. Any needed changes must be completed by October 1, 2007. -A copy of the SWMP must be kept on site at all times. PERMIT FEE: * Send payment only when you receive an invoice (sent once a year). PERMIT TERMINATION AND TRANSFER: * If the facility is.finally stabilized, you may inactivate the permit, using the enclosed Division form. * "Final stabilization" is reached when all the construction is complete, paving is finished, and the vegetation (grass, etc.) is established, not just reseeded. See pennit, page 9. * If the site changes ownership, you should transfer the permit to the new * * owner. If part of the site will be sold to a new owner, you will need to reassign permit coverage. Forms for these actions are available on our website, below. Also see page 5 of the permit. QUESTIONS? * www.cdphe.state.eo.us/wq/PermitsUnit/stormwater * Email cdphe.wqstorm@state.co.us * Or call (303)692-3517, ask for Matt Czahor or Kathy Rosow 6101 Colorado Department of Public Health & Environment Water Quality Control Division WQCD-P-B2 FOR AGENCY USE ONLY REC ___________ _ EFF ___________ _ 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 YEAR INACTIVATION NOTICE FOR MONTH DAY CONSTRUCTION STORMWATER DISCHARGE GENERAL PERMIT CERTIFICATION Please print or type. Fonn must be filled out completely. Certification Number: COR-03 Taxpayer ID or EIN ________ _ Pennittee (Company) Name:---------------------------- Pennittee Address:-------------------------------- Phone No. (__J ____ _ Site/Facility Name:--------------------------------- Construction Site Address/Location:-------------------------- County: _______ _ Contact Person: ----------------------- Summary of work perfonned and description of final site stabilization:--------------- I certify under penalty oflaw that by the date of my signature below, all disturbed soils at the identified construction site have been finally stabilized; all temporary erosion and sediment control measures have been removed; all construction and equipment maintenance wastes have been disposed of properly; and all elements of the Stonnwater Management Plan have been completed. I understand that by submitting this notice of inactivation, I am no longer authorized to discharge stonnwater associated with construction activity by the general pennit. I understand that discharging pollutants in stonnwater associated with construction activities to the waters of the State of Colorado, where such discharges are not authorized by a COPS permit, is unlawful under the Colorado Water Quality Control Act and the Clean Water Act. I certify under penalty of law that I have personally examined and am familiar with the infonnation submitted herein, and based on my inquiry of those individuals immediately responsible for obtaining the infonnation, I believe that the infonnation is true, accurate and complete. I am aware that there are significant penalties for submitting false infonnation, including the possibility of fine and imprisonment. (See 18 U.S.C 1001 and 33 U.S.C. I 319.) Signature of Pennit Applicant (Legally Responsible Party) Date Signed Name (pnnted) 'f11le PART II Permit -Page 37 Permit No. COR-030000 VIII. TERMS AND CONDITIONS OF PERMIT (co11t.) 2. Tra11sfer of Permit: When responsibility for storm water discharges for an e11tire construction site changes from 011e individual to another, the permit shall be transferred in accordance with Part I.A. 7 of the permit. The permittee shall submit a completed Notice of Tra11sfer form, which is available from the Division, and at 11vwvv.cdphe.state.co.us/1va/Pern1irs[lllit. If the new responsible party will not complete the transfer form, the permit may be i11activated if the permittee has no legal responsibility, through ownership or contract, for the construction activities at the site. In this case, the new owtier or operator would be required to obtain permit coverage separately. 3. Reassignment of Permit: When a permittee no longer has control of a specific portion of a permitted site, and wishes to transfer coverage of that portion of the site to a second party, the permittee shall submit a completed Notice of Reassignment of Permit Coverage form, which is available from the Division, and at www.cdphe.state.co.11slwq!PerniitsUnit. The form requires that both the existing permittee and new permittee complete their respective sections. See Part I.A.8 of the permit. J. Duration of Permit The general permit will expire on June 30, 2012. The permittee's authority to discharge under this permit is approved until the expiration date of the general permit. Any permittee desiring continued coverage under the general permit past the expiration date must apply for recertification under the general permit at least 90 days prior to its expiration date. IX PUBLIC NOTICE -12122106 Kathleen Rosow December 18, 2006 The permit was sent to public notice on December 22, 2006. A public meeting was requested, and was held on February 2, 2007. Numerous comments were received on the draft permit. Responses to those comments, and a summary of changes made to the draft permit, are in a separate document entitled "Division Response To Public Comments." The permit will be sent to a second public notice on March 23, 2007. Any changes resulting from the second public notice will be summarized in the rationale. X PUBLIC NOTICE -3123107 Kathleen Rosow March 22, 2007 The permit was sent to public notice for a second time on March 23, 2007. Numerous comments were received on the second draft permit. Responses to those comments, and a summary of the additional changes made to the draft permit, are contained in a separate document entitled "Division Response To Public Comments Part II". This document is part of the rationale. Any changes based on the Division response are incorporated into the rationale and permit. The response document is available on/ine at http://www.cdphe.state.eo.us/wq/PermitsUnitlstormwater!con'truction.html, or by emailing cdphe.wqstorm@.state.co.us, or by calling the Division at 303-692-3517. Kathleen Rosow May 31, 2007