HomeMy WebLinkAbout2.0 Staff ReportDirector Determination, May 25, 2012
Exhibits — Mid-America Pipeline - WEPII
A
Ad'acent owner notice - mail receipts
B
Garfield County Unified Land Use Resolution of 2008, as amended
C
A I .lication
D
Staff Report
E
Email dated May 11, 2012 from Mark Gilfillan, US Army Co is of Engineers
F
Email dated may 18, 2012 from Wyatt Keesber , Road and Bridge
G
Response dated May 16, 2012 from Jim Sears, Sheriff's Office
H
Letter dated Ma 18, 2012 from Steve Anthony, Ve: etation Management
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L- - u . •' M. , 18, 2012 s C i Hal-, Ms' t. C s E i - -
J
Colorado Dewatering Permit
K
Director Determination Letter
L
M
N
REQUEST
PROPERTY OWNER
REPRESENTATIVE
LOCATION
PIPELINE INFORMATION
ACCESS
ZONING
Mid-America Pipeline — Western Expansion II
Director Determination May 25, 2012
KE
PROJECT INFORMATION AND STAFF COMMENTS
Land Use Change Permit for Pipeline Development
BLM and Private Owners
Phil Vaughan - PVCMI and Alex Lopez — Mid-America
Pipeline Company, LLC
Western Garfield County between Mesa and Rio Blanco
Counties — Baxter Pass
16" Natural Gas Liquids Pipeline — 25 mile length
CR 201— Baxter Pass Road
Public Lands and Rural
I. Project Overview
The proposed Western Expansion II Pipeline Project seeks approval of a ±95 -mile long, 16"
pipeline development to convey natural gas liquids from (north to south) the Dragon
Compressor Station in Uintah County, Utah through Rio Blanco County, Garfield County and
Mesa County terminating at the Thompson springs Compressor Station in Grand County Utah.
Approximately 25 miles of the pipeline is located within Garfield County and the area subject to
the Pipeline Development Permit application.
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Mid-America Pipeline—Western Expansion II
Director Determination May 25, 2012
KE
The pipeline is necessary to transport an additional 15,000 barrels of natural gas liquids
from production in Utah and Wyoming to Hobbs, New Mexico and ultimately to markets in
Mont Belvieu, Texas (east of Houston). The right-of-way (ROW) is proposed to parallel an
existing utility corridor with general alignment adjacent to Baxter Pass Road. The pipeline
proposal necessitates both road and stream crossings, as well as mitigation measures
associated with landslide areas (where avoidance is not feasible). The ROW occurs on both
public and private lands, particularly 59.47 miles on public lands administered by the Bureau
of Land Management with a total area of disturbance of 363.23 -acres. Total area of
disturbance within Garfield County is approximately 219.25 -acres.
• Pipeline: The installation of the 16" natural gas liquids pipeline is proposed to connect
two compressor stations located in eastern Utah and will provide safe, reliable and cost
effective transportation of natural gas liquids produced in the area (page 1 of 3, Project
Overview). Specifications for the pipeline are found in Tab 3, Project Overview.
• Pipeline ROW: The pipeline right-of-way is generally located adjacent to an existing
utility corridor and Baxter Pass Road. ROW disturbance will be reclaimed once the
construction and testing is completed. Permanent ROW width is proposed to be fifty feet
(50') with an additional seventy-five foot (75') width to be used on a temporary basis for
construction activities. Additional area deemed 'temporary extra workspace' (TEWS) is
required in specific areas due to terrain or environmental issues that require additional
ROW; these areas are identified on the alignment sheets and all private Surface Use
Agreements appear to be in place. The BLM is in the process of reviewing a Draft
Environmental Assessment of the ROW to determine if a Right -of -Way Grant and Notice
to Proceed will be issued. A condition of approval is recommended regarding receipt of
these documents prior to issuance of the Pipeline Development Permit.
• Staging Areas: Two staging areas are proposed to serve the project — one staging area
will be located in Rio Blanco County on State Highway 64, approximately 15 miles west
of Meeker; the second staging area will be located in Grand Junction. Worker
transportation to the site will be via company transport with a majority of the employees
parking at the staging area and being driven into the project area daily.
• Facilities within the Pipeline ROW: All activities are proposed to occur within the
designated ROW including the permanent ROW area, temporary use areas, and the
temporary extra workspace designated on the plans. Any above -ground facilities will
painted to match the landscape.
• Pipeline Testing. The pipeline will utilize Hydrostatic Testing, a method that uses water
to test the integrity of the pipeline. The length of the pipeline necessitates the use of
4,920,883 gallons of water to complete this testing with the water being withdrawn from
the Colorado River and the White Rivers in Utah. The water will then be transported to
frac tanks along the ROW corridor to be utilized when testing is appropriate in the
construction process. This water will then be discharged at various points which were
chosen to allow for adequate protection during the release of the water. This process
pressurizes the pipeline up to 110 percent of the maximum allowable working pressure
to verify the integrity of the facilities.
• Sensitive Area Survey: WestWater Engineering has completed a Sensitive Areas
Report and Noxious Weed Inventory for the ROW. This report concluded that
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Mid-America Pipeline— Western Expansion!!
Director Determination May 25, 2012
KE
• Regulatory Permits
The following permits have been, or will be, obtained from the following federal, state,
and county agencies.
• Construction Management: Construction is scheduled to begin upon issuance of all
required permits and is proposed to take place seven (7) days a week between the
hours of 7:00 a.m. and 7:00 p.m. The average workforce is approximately 100 workers
per day with 150 workers per day at peak. These employees consist of Company
employees, contractor employees, constriction inspection staff and environmental
inspection staff.
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Right -of -Way Grant and Notice to
Proceed
BLM
Submitted — Draft EA
Nationwide Permit #12
US Army Corps of Engineers
Pending
APEN Fugitive Dust Permit
CDPHE — Air Pollution Control
Division
Pending
Special Use Permit
Rio Blanco County
Pending - Hearings set
Conditional Use Permit
Mesa County
Pending — Hearings set
Hydrostatic Testing operations
Certification
CDPHE
COG604116
Colorado Stormwater Discharge
Permit
CDPHE — Water Quality
Control Division
Permit COR030000
Certification COR031399
Construction Dewatering
Operations permit
CDPHE — Water Quality
Control Division
Permit COG070000
Certification COG074023
Filing for Surface Water
Appropriation — Colorado River
3.342 cfs
State of Utah
Pending — filed 2-29-12
Filing for Surface Water
Appropriation — White River
3.342 cfs
State of Utah
Pending — filed 2-29-12
Utility Crossing Permits — CR 201
Garfield County Road & Bridge
Pending
• Construction Management: Construction is scheduled to begin upon issuance of all
required permits and is proposed to take place seven (7) days a week between the
hours of 7:00 a.m. and 7:00 p.m. The average workforce is approximately 100 workers
per day with 150 workers per day at peak. These employees consist of Company
employees, contractor employees, constriction inspection staff and environmental
inspection staff.
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Mid-America Pipeline — Western Expansion II
Director Determination May 25, 2012
KE
Primary Project Participants
Company Name
Contact
Address
Phone Number/Email
Address
Reception No. 363193 and
2149-352-00-012, 2155-021-00-009,
Mid-America Pipeline
Company, LLC
Alex Lopez
744 Horizon Ct. Ste. 224
Grand Junction, CO 81506
970-261-6305
aslopez(a�eprod.com
Reception No. 812477
Rooney Engineering,
Inc.
Zachary Bauer, PE
12201 E. Arapahoe, Ste
C10 Centennial, CO 80112
303-705-931
JFC Engineers and
Surveyors
Joseph A.
Manatos, PLS
1515 Ninth St., Ste A Rock
Springs, Wyoming 82901
307-362-7519
Pipeline Company TBD
2149-281-00-953, 2157-163-00-951,
III. Surface Ownership
The pipeline crosses private lands and BLM. The following table lists all property owners that
the proposed pipeline crosses and surface use agreements have been secured, or are in the
process of being secured.
Property Owner
Surface Use Agreement
Parcel Number
Reception No. 363193 and
2149-352-00-012, 2155-021-00-009,
Flanigan Land & Cattle, LLC
631626
2155-252-00-008, 2425-113-00-001
Cripple Cowboy Cow Outfit, Inc.
Reception No. 812477
2149-214-00-005
Michael & Kathleen Thomas
Reception No. 813653
2425-133-00-002
2147-312-00-960, 2149-213-00-952,
2149-281-00-953, 2157-163-00-951,
2155-221-00-952, 2433-102-00-951,
Bureau of Land Management
Right -of -Way Grant pending
2425-123-00-952, 2431-091-00-951
IV. Visual Impacts/Land Disturbance
The pipeline ROW is located in a rugged, remote area of Garfield County in the vicinity of Baxter
Pass, including Atchee, Colorado, over the 8,500' summit to Rio Blanco County. The proposed
pipeline is located within and adjacent to an existing utility corridor thereby minimizing
disturbance.
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Adequate reclamation is proposed to mitigate
land disturbance and visual impact.
V. Traffic Impacts
Traffic during construction activities will
impact Baxter Pass Road within Garfield
County as well as county roads within Mesa
and Rio Blanco. These impacts will occur
primarily during the hours of 6 a.m. to 8 a.m.
and 6 p.m. to 8 p.m. when workers will be
transported to construction areas along the
pipeline route. Other vehicles include 25-35
pickup trucks, welding trucks, X -Ray trucks
Mid-America Pipeline — Western Expansion II
Director Determination May 25, 2012
KE
and 10-15 heavy hauling type vehicles.
To the extent possible vehicles and
equipment will be left at the staging
areas when not in use.
Road & Bridge has responded to the
referral request that the road should be
kept in good shape and open for traffic
as much as possible during the project.
Open trenches need to be covered or
fenced off overnight. Road crossing
permit applications have been
submitted and the crossings will be
bored if terrain and conditions allow.
VI. Threatened and Endangered Species
A Biological Resources and Sensitive Areas Report, prepared by WestWater Engineering
(WWE), evaluated the 25 -long pipeline route in Garfield County. Included in this survey was
assessment of wildlife, wildlife habitat and habitat for sensitive plant species. General mitigation
measures include reclamation and maintenance of habitat, traffic adherence to low speeds,
fencing restrictions and use of adequate erosion control measures.
Summary findings, including recommended mitigation measures include the following:
A. Wildlife Impacts and Recommendation:
1. Elk and Mule Deer - Generally the impact will not be significant given the total
amount of habitat in the project area. Short term loss of habitat along with human
presence and activities may result in avoidance on construction areas. WWE
recommends consultation with Colorado Parks and Wildlife (CPW) which may result
in restrictions during critical periods. Reclamation of the ROW may in fact attract big
game to forage in the disturbed area.
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Mid-America Pipeline — Western Expansion II
Director Determination May 25, 2012
KE
2. Raptors - Eight occupied raptor nests are located within 1/2 mile of the project area
which may affect raptor population through nesting disturbance. Timing limitations
for construction activities would be applied to active raptor nests.
3. Other Bird Species — Compliance with the Migratory Bird Treaty Act requires an
effort to reduce impacts during nesting season (May 15 to July 31). Clearing of
vegetation should occur outside of nesting season.
4. Black Bear and Mountain Lion — low population densities and large home ranges for
these animals result in an expectation of no significant effect on these species.
Potential impacts with black bears may occur if trash is not adequately managed.
B. Threatened, Endangered and Sensitive Species of plant (TESS) — no threatened,
endangered or sensitive plants were located in the survey area.
VII. Reclamation Plan/Integrated Vegetation and Noxious Weed Management Plan
Vegetation Manager Steve Anthony has responded to the request for referral that the Noxious
Weed Management and Reclamation Plans are acceptable. A revegetation security (bond) in
the amount of $548,125.00 will be required.
VIII. Cultural and Historic Resources Inventory
A report of the file search and cultural inventory of the 25 -mile pipeline route was prepared by
Western Archeological Services. The proposed pipeline is adjacent to an existing utility corridor
which has been the subject of past inventory, however this inventory functions as an update and
makes certain recommendations regarding protective measures. Staff has incorporated these
recommendations as conditions of approval.
IX. Emergency Response Plan
The submittal documents include an Emergency Response Plan which lists contacts as Chris
Bornholdt, Emergency Operations Commander; Lou Vallario, Sheriff; and David Blair, Fire Chief
of the Grand Valley Fire Protection District.
X. Referral Comments
Staff referred the application to the following Agencies / Departments whose comments are as
follows:
A. County Road and Bridge Department: Wyatt Keesbery, District 2 Foreman,
responded that the roads should be kept in good shape and open to traffic as much as
possible during the project. Open trenches need to be covered or fenced off overnight.
R&B is currently reviewing road crossing applications.
B. County Sheriff: A response of 'No comment' was received.
C. County Vegetation Manager: The Noxious Weed Management Plan and Reclamation
Plans are acceptable. A revegetation security in the amount of $548,125.00 is required.
D. County Oil & Gas Liaison: No response.
E. Mountain Cross Engineering:
F. Surface Owners: No response.
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Mid-America Pipeline—Western Expansion II
Director Determination May 25, 2012
KE
G. US Army Corps of Engineers: Mark Gilfillan responded but it appeared that he did not
review the WestWater Engineering report dated February 2012 and entitled Nationwide
Permit #12 Verification Request and Preliminary Jurisdictional Determination.
H. BLM — Phone conversation with Erin Dreyfuss regarding the Environmental Assessment
process.
Xl. SUMMARY OF REVIEW AND STAFF RECOMMENDATION
The proposed 25 -mile natural gas liquids pipeline located approximate to CR 201 (Baxter Pass
Road in western Garfield County has been reviewed pursuant to the required standards and
criteria in Section IX of the Unified Land Use Code Resolution 2008, as amended. Staff
recommends that the Director issue a determination of Approval for the Mid-America Pipeline,
Western Expansion II Pipeline with the following conditions of approval:
1. All representations made in the submittal materials, compiled by Phil Vaughan Construction
Management, Inc. (PVCMI) in a three -volume set of binders dated April 2012, shall be
considered conditions of approval unless otherwise amended by this decision.
2. Pipeline operations shall be located in a manner to minimize their visual impact and
disturbance of the land surface. Facilities shall be painted in a uniform, non -contrasting,
non -reflective color, to blend with the adjacent landscape. Right-of-way shall be located in
existing disturbed areas unless safety or visual concerns or other adverse surface impacts
clearly dictate otherwise.
3. Prior to issuance of the Pipeline Development Permit the Applicant shall provide the County
with a bond in the amount of $548,125.00 due to the disturbance of 219.25 acres for
construction of the pipeline. The security shall be held by Garfield County until vegetation
has been successfully reestablished according to the Reclamation Standards in the Garfield
County Weed Management Plan.
4. Prior to issuance of the Pipeline Development Permit the Applicant shall provide the County
copies of the Right -of -Way Grant and Notice to Proceed from the BLM.
5. Prior to issuance of the Pipeline Development Permit the Applicant shall provide the County
with the Army Corps of Engineers Nationwide #12 Permits as required for disturbance to
Waters of the United States.
6. Prior to issuance of the Pipeline Development Permit the Applicant shall provide the County
with Utility Permits related to road crossings on CR 201 (Baxter Pass Road).
7. Prior to issuance of the Pipeline Development Permit the Applicant shall provide the County
with a copy of the APEN Fugitive Dust permit from CDPHE.
8. All vehicles working within Garfield County Rights -of -Way will be licensed and registered in
the State of Colorado. All vehicles hauling equipment and materials for the pipeline
construction will abide by Garfield County Road & Bridge Departments oversize/overweight
regulations.
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Mid-America Pipeline—Western Expansion 11
Director Determination May 25, 2012
KE
9. Recommendations to minimize impact on historic sites contained in the Western
Archeological Services File Search and Inventory Report, dated March 14, 2012, shall be
considered conditions of approval. At minimum the following measures shall be utilized with
regard to potential historically significant sites:
A. A blading monitor and Open Trench Inspection (OTI) shall occur for the entire pipeline
due to the number of known historic sites along the pipeline route and in the general
vicinity.
B. Site-specific mitigation measures shall include;
I. Site No. 5GF640, Historic Ranch on BLM and Private Land —A barricade fence shall
be installed in area of Feature 4 in addition to blade monitoring and OTI;
II. 5GF642.11, Uintah Railroad on BLM and Private Land — Restrict construction to
existing disturbance, re -contour and revegetate;
III. 5GF740, Historic Water Pipeline on BLM and Private Land — Recommendations
pursuant to the White River Field Office of the BLM;
IV. 5GF1562, Historic Carbonera Townsite on Private Land — Restrict construction to
existing disturbance, re -contour and revegetate;
V. 5GF4653, Historic Irrigation Ditch on BLM and Private Land — Re -contour and
revegetation ditch;
VI. 5GF4660, Historic Irrigation Ditch on BLM — Restrict construction to existing
disturbance and fence ROW;
VII. 5GF4667, Historic Irrigation Ditch on Private Land - Re -contour and revegetation
ditch, possible bore under ditch;
VIII. 5GF4668, Historic Windella Water Tower on Private Land — Drop northwest corner of
the TUA;
IX. 5GF4669, Historic Homestead and prehistoric lithic scatter on Private Land — Restrict
construction to existing disturbance and fence ROW;
X. 5GF4671, Historic Irrigation Ditch on BLM and Private Land — Re -contour and
revegetate ditch.
10. Recommended mitigation measures contained in the Biological Resources and Sensitive
Areas Report prepared by WestWater Engineering, dated January 2012, shall be
considered conditions of approval as itemized below:
A. If construction activities take place during future nesting season, a subsequent raptor
survey shall be required. Timing limitations for construction activities should be applied
to active raptor nests as outlined in the BLM WRFO Resource Management Plan (BLM
1997) and the BLM GJFO Resource Management Plan (BLM 1986).
B. Brush/tree clearing should occur after mid-to-late July to minimize impacts to nesting
sites.
C. Solid waste management practices to minimize potential human -black bear interactions
shall be implemented in the project.
D. Wildlife -friendly fencing shall be implemented in the project including a maximum height
of 42 -inches with 12 -inch spacing between the top two wires will minimize conflict.
11. Applicant shall use Colorado Department of Agriculture certified weed -free bales for any
straw or hay bales used on the site.
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Mid-America Pipeline—Western Expansion 11
Director Determination May 25, 2012
KE
12. Any equipment used in construction or operation of a pipeline shall comply with the
Colorado Oil and Gas Conservation Commission Rules and Regulations, Section 802, Noise
Abatement. Additionally, all power sources used in pipeline operations shall have electric
motors or muffled internal combustion engines.
13. Once the construction of the pipeline is completed the Applicant shall provide the County
Geographic Information System (GIS) analyst with a digital alignment of the pipeline in a
format readable to the County.
14. In no case shall an operator engage in activities which impact Federal or State threatened
and endangered species.
15. Air contaminant emissions shall be in compliance with the applicable permit and control
provisions of the Colorado Air Quality Control Program, Title 25, Resolution 7, C.R.S.
16. All operations shall comply with all applicable Federal and State Public Health and
Environment, Noise, and Air and Water Quality Control standards.
17. Facilities shall be painted in a uniform, non -contrasting, non -reflective color, to blend with
the adjacent landscape. Right-of-way shall be located in existing disturbed areas unless
safety or visual concerns or other adverse surface impacts clearly dictate otherwise
18. Should the pipeline be abandoned and removed, it shall be subject to the original
revegetation and weed management requirements in the application.
9
From: Gilfillan. Mark A SPK
To: Kathy A. Eastlev
Subject: FW: Mid-America Western Expansion II -Pipeline Development Permit (UNCLASSIFIED)
Date: Friday, May 11, 2012 10:20:23 AM
Classification: UNCLASSIFIED
Caveats: NONE
Kathy,
The supplied electronic format is incompatible with DoD computer systems and we can only
respond to your request with general comments.
The Corps of Engineers' jurisdiction within the study area is under the authority of Section 404 of the
Clean Water Act for the discharge of dredged or FII material into waters of the United States. Waters of
the United States include, but are not limited to; rivers, springs, perennial, ephemeral or intermittent
streams, lakes, ponds, wetlands, vernal pools, marshes, wet meadows, and seeps. Project features that
result in the discharge of dredged or fill material into waters of the United States will require
Department of the Army authorization prior to starting work.
To ascertain the extent of waters on the project site, the applicant should prepare a wetland
delineation, in accordance with the "Minimum Standards for Acceptance of Preliminary Wetland
Delineations", under "Regulatory Jurisdiction" on our website at the address below, and submit it to this
office for verification. A list of consultants that prepare wetland delineations and permit application
documents is also available on our website at the same location.
The range of alternatives considered for this project should include alternatives that avoid impacts to
wetlands or other waters of the United States. Every effort should be made to avoid project features
which require the discharge of dredged or fill material into waters of the United States. In the event it
can be clearly demonstrated there are no practicable alternatives to filling waters of the United States,
mitigation plans should be developed to compensate for the unavoidable losses resulting from project
implementation. You may also use our website:
http://www.spk. usace.army. mil/Missions/Regulatory.aspx.
Mark Gilfillan
District Tribal Liaison/RD-PM
US Army Corps of Engineers -Sacramento District, Regulatory Division
400 Rood Avenue, Grand Junction, Colorado 81501
Telephone: 970-243-1199, ext. 15(o), 970-241-2358(f), 970-250-7949(c)
mark.a.gilfillan@usace.army. mil
Information on the HQ Tribal Community of Practice.
http://usace.army.mil/Missions/CivilWorksiTribalIssues.aspx
Information on the Regulatory Program.
http://www.spk.usace.army.mil/Missions/Regulatory.aspx
Please let us know how we're doing by taking our brief customer survey at
http://Der2.nwp.usace.army.mil/survey.htnnl
"We provide innovative and enduring engineering solutions across the full spectrum of program/project
delivery to provide value and quality, on -schedule, to our military/civilian customers and partners and
we support our federal/state partners by responding to national emergencies with leadership and
technical expertise."
Classification: UNCLASSIFIED
From:
To:
Subject:
Date:
Wyatt Keesbery
Kathy A, Eastley
Re: Mid-America Pipeline - Western Expansion II
Friday, May 18, 2012 9:21:26 AM
Sorry i thought I. Sent them. The only thing i request is that they keep the road in
good shape and keep it open to traffic as much as possible during the project. Any
open trenches need to be covered or fenced off over night.
Thanks
Wyatt
Sent from my Verizon Wireless 4G LTE DROID
Original message
From: "Kathy A. Eastley" <keastley@garfield-county.com>
To: Chris Hale <chris@mountaincross-eng.com>, Steve Anthony <santhony@garfield-
county.com>, Wyatt Keesbery <wkeesbery@garfield-county.com>
Sent: Fri, May 18, 2012 09:07:16 MDT
Subject: Mid-America Pipeline - Western Expansion II
Good morning,
A referral request was sent to you at the beginning of the month on a 25 -mile long 16"
natural gas liquids pipeline proposed to be located adjacent to CR 201 (Baxter Pass Road).
The deadline is tomorrow and so I was wondering if comments would be forthcoming.
Please let me know, and thank you for your time.
Kathy Eastley, AICP
Senior Planner
Garfield County Building (Si Planning
108 8th Street, #401
Glenwood Springs, CO 81601
Phone: 970-945-1377 ext. 1580
Fax: 970-384-3470
keastley@garfield-county.com
don't know what the key to success is, but the key to failure is trying to please
everyone.
- Bill Cosby
REFERRAL N'UlIM
Garfield County Building and Planning Department
108 8th Street, Suite 401, Glenwood Springs, CO 81601
(970) 945-8212/Fax: (970) 384-3470
Date Sent: May 2, 2012
Return Requested: May 19, 2012
EXHIBIT
File Number/Name(s)
Project Name(s)
Type of Applic
Number or Detail
Road & Bridge (Wyatt Keesbery)
PDPA7209 Mid-America Western Expansion II
Pipeline Development
Permit
Staff Planner: Kathy Eastley (keastley@garfield-county.com)
Phone: 970-945-1377 x 1580
Applicant: Mid-America Pipeline Company
Phone:
Contact Person: PVCMI — Phil Vaughan
Phone: 970-625-5350
Location: western edge of Garfield County from Rio Blanco to Mesa County in vicinity of CR 201 (Baxter Pass)
Summary of Request: A 95 -mile 16" natural gas pipeline from Uintah County, Utah to Grand County, Utah -
approximately 25 miles of the pipeline occurs within Garfield County on both private and public lands
t.) �. ��,CC\�la,,N \ S) ., I
The Garfield County Planning Department has received a land use request as referenced above. Your comments are
an important part of the evaluation process. In order to review all appropriate agency comments and incorporate
them into the Staff Report, we request your response by Saturday May 19, 2012.
GARFIELD COUNTY
Office or Division
OTHER
Number or Detail
Road & Bridge (Wyatt Keesbery)
Paper Engineering — Chirs Hale, Mtn. Cross
Paper and CD
Attorney
Already received
Sheriffs Dept.- Jim Sears
CD
t.) �. ��,CC\�la,,N \ S) ., I
,,,,fi
Vegetation Manager — Steve AnthonyD
g g Y
Oil and Gas — Kirby Wynn
CD
Public
Already received
COLORADO STATE
LOCAL/FED GOVT:ENTTTIES
Mesa County
Letter only
Rio Blanco County
Letter only
Bureau of Land Management
CD
U.S. Army Corps of Engineers
CD
DISTRICTS/SERVICES
EXHIBIT
D �(
(1:: Garfield County
Vegetation Management
May 18, 2012
Kathy Eastley
Garfield County Building & Planning Department
RE: Mid-America Pipeline -Western Expansion
Dear Kathy,
Thanks for the opportunity to comment.
• The Noxious Weed Management Plan is acceptable.
• The Reclamation Plan is acceptable. The surface area disturbed by the pipeline is 219.25 acres. A revegetation
security of $548,125.00 is requested (219.25 acres x $2500/acre). The security shall be held by Garfield County
until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield
County Weed Management Pian. The Reclamation Standards at the date of permit issuance are cited in Section
(s) 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94).
Please let me know if you have any questions.
Steve Anthony
Garfield County Vegetation Manager
0298 County Road 333A
Rifle, CO 81650 Phone: 970-625-8601 Fax: 970-625-8627
May 18, 2012
Ms. Kathy Eastley
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
MOUNTAIN CROSS
ENGINEERING, INC.
CIVIL AND ENVIRONMENTAL
EXHIBIT
RE: Pipeline Development Permit Application for Mid-America Pipeline, Co: PDPA7209
Dear Kathy:
This office has performed a review of the documents provided for the Mid-America Western
Expansion II, Pipeline Development Permit Application. The submittal was found to be thorough
and well organized. The review generated the following questions, concerns, and continents:
1. The plan sheets have a band labeled "Monitoring" at the top of the page. Sotnetimes the
band requires "Spot Inspections" on certain types of geology. During the review of the
application material it was unclear what the monitoring and remediation are. The Applicant
should explain in better detail.
2. A band at the top that seems to be unused is the "Seed Mix". The Applicant should verify
that the plans will include revegetation with an approved seed mix.
3. Green hatching seems to designate wetlands on Sheet 28, approximate Sta. 3455+00 to Sta.
3460+00 that appears not to be labeled as to the planned crossing method or BMPs.
4. Some of the details provided for wetland crossings include an equipment bridge that has
been labeled as temporary. There are associated earth fill ramps on each side of the bridge
that should also be temporary and removed after the construction of the crossings have been
completed so that stream channels are not restricted and flood fringe and flood ways remain
unchanged.
5. The Applicant should address if there will be any impacts to any floodplain.
6. The cross sections for typical trench construction shows a 4' bury depth. Feature crossing
details show a 3' bury depth. Applicant should address the discrepancy.
7, The Applicant should address the construction specifications that are intended to be used for
the pipeline construction.
8. There appears to be permitting in various states of approvals. The Applicant should provide
copies of permits to Garfield County once obtained, most notable for the Nationwide permit
from the USACoE for wetland disturbances.
9. Similarly, the Historic Preservation is subject to review by others. Copies of determinations
should be provided to Garfield County once obtained.
Feel free to call if you have any questions or comments.
Sincerely
Mountait Cross Engine efringInc.
A
Chris 1-Iale, PE
826 1/2 Grand Avenue • Glenwood Springs, CO 81601
PH: 970.945.5544 • FAX: 970.945.5558 • www.rnountaincross-eng.com
STATE OF COLORA
John W. Hickenlooper, Governor
Christopher E. Urbina, MD, MPH
Executive Director and Chief Medical Officer
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
Located in Glendale, Colorado (303) 692-3090
http://www.cdphe.state.co.us
April 2, 2012
Leonard W Mallett, Sr VP Engr
Mid America Pipeline Co LLC
PO Box 4324
Houston, TX 77210
EXHIBIT
Colorado Department
of Public Health
and Environment
RECEIVED
APR 1 2 2012
"Environmental Compliance"
RE: Certification, Colorado Discharge Permit System - Construction Dewatering Operations
Permit Number COG070000 Certification Number: COG074023
Dear Mr. Mallett;
Enclosed please find a copy of the permit certification, which was issued under the Colorado Water Quality Control Act.
Please read the enclosed permit and certification.
The Water Quality Control Division (the Division) has reviewed the application submitted for the Western Expansion Pipeline II
facility and determined that it qualifies for coverage under the CDPS General Permit for Construction Dewatering Operations
(the permit).
Discharge Specific Information
The discharges are to Evacuation Creek, Whiskey Creek, West Evacuation Creek, Trail Canyon, West Salt Creek, McDonald Creek,
and ultlmatley the White River & Colorado River within Segment 04c and 13b of the Lower Colorado River Sub -basin, Lower
Colorado River Basin, found in the Classifications and Numeric Standards for the Lower Colorado River Basin (Regulation No. 37)
(COLCLCO4C and COLCLC13b). Segment 04c is Reviewable, and is classified for the following beneficial uses: Aquatic Life, Class 1
Warm; Recreation Class E; Water Supply; and Agriculture. Segment 13b is Use Protected, and is classified for the following
beneficial uses: Aquatic Life, Class 2 Warm; Recreation Class E; and Agriculture.
Since the discharge locations are undefined the most stringent limitations are applied in the permit certification to all outfalls.
Basis for Site Specific Parameters
• Segment 13b of the Lower Colorado River Sub -basin, Lower Colorado River Basin is on the 303(d) list as impaired for
selenium. Since selenium has the potential to be in the dewatering discharge, sampling and reporting for selenium is
required.
General Information
• Permit Action Fees: The Annual Fee for this certification is $500 (category 7, subcat 2 — Construction Dewatering per CRS 25-
8-502) is invoiced every July. Do Not Pay This Now. The initial invoice will be prorated and sent to the legal contact shortly.
• Changes to the Certification: Any changes that need to be made to the certification page — changes in outfalls, monitoring
requirements, etc., must be submitted using the "Permit and Certification Modification form" available on our website:
coloradowaterpermits.com, and signed by the legal contact.
• Sampling Requirements: Sampling shall occur at the frequency established in the permit certification at a point after
treatment, or after the implementation of any Best Management Practices (BMPs) for each discharge location (outfall).If
u C
BMPs or treatment are not implemented, sampling shall occur where the discharge leaves control of thffiv.I
prior to entering the receiving stream or prior to discharge to land. Samples must be representative of eying t
receiving stream. A minimum of one sample must be collected for discharges lasting less than one week. 20i2
L1'
LEONARD MALLETT
• Discharge Monitoring Reports (DMRs) for Undefined Discharge Locations: DMRs will be mailed to the permittee within the
next month for each of the numbered undefined discharge outfalls identified in the permit certification. Each outfall
identified in the permit certification, and the associated DMR forms for that outfall shall only authorize and be used for
reporting discharges at a single outfall at a specific location. In accordance with Part I.E.4 of the permit, the permittee shall
establish and maintain records that identify, among other information, the exact place for each outfall for which monitoring
has occurred. The information must include the approximate location of the discharge (e.g. "discharge will occur between
5th Avenue and 20th Avenue", or "the discharge will enter the storm sewer located at the corner of Speer Blvd and 8th Ave.,
which eventually flows to Cherry Creek") and the latitude/longitude of the outfall.
DMRs for all outfalls must be submitted monthly as long as the certification Is In effect. DMRs must be submitted for each
outfall even if there was not a discharge from the outfall in a given month. For each outfall where no discharge occurs in a
given month, the permittee shall mark 'No Discharge' on the DMR form(s). The permittee shall provide the Division with any
additional monitoring data on the permitted discharge collected for entities other than the Division. If forms have not been
received, please contact the Division at 303-692-3517.
Sampling is required at the frequency established in the permit certification for each undefined discharge location. As
discharges occur chronologically, the data collected from the sampling event(s) In a given month from the first discharge
location shall be summarized and reported on the pre-printed DMR for Discharge Number 001A. The data collected from
the sampling event(s) in a given month from the second discharge location shall be summarized and reported on the pre-
printed DMR for Discharge Number 002A; etc.
The Division now has the ability to allow facility's to submit their DMRs electronically. For more information, please call
the NetDMR team at 303.6914046 or CDPH.WO,NetDMRHelp@state.co.us
• Termination requirements: This certification to discharge Is effective long term, even though construction and dewatering
discharge are only expected to be temporary. For termination of permit coverage, the permittee must Initiate this by
sending the "CDPS Permits and Authorization Termination Form." This form is also available on our web site and must be
signed by the legal contact.
• Groundwater Contamination: If groundwater contamination Is encountered, then the permittee is to contact the Division,
the permit writer, cease all discharges, and if appropriate, contact the owner of the collection system receiving the
discharge. If the dewatering can be treated to meet surface water or groundwater numeric limitations, the certification will
be amended to include sampling and monitoring for additional parameters representative of the groundwater
contamination. The discharge of contaminated groundwater, above surface water or groundwater standards, Is not
authorized under this permit.
• Certification Records Information: The following Information is what the Division records show for this certification.
For any changes to Contacts — Legal, Local, Billing, or DMR — a "Notice of Change of Contacts form" must be submitted to the
Division. This form is also available on our web site and must be signed by the legal contact.
fadlltv: Western Expansion Pipeline II County: Garfield
Industrial Activities; Installation of Pipeline SIC Code:1799
Other CDPS Permits for this Facility: Hydrostatic Testing C0G604120
Legal Contact Receives all legal documentation, pertaining to the permit certification. finduding invoice; is contacted for any
questions relating to the facility; and receives DMRs.)
Leonard W Mallett, Sr VP Engr Phone number: 713-381-1785
Mid America Pipeline Co LLC Email: jagwhite@eprod.com
PO Box 4324
Houston, TX 77210
Facility Contact Contacted for general inquiries regarding the facility
Mike Mungas, Sr Env Engr
Environmental Field Compliance
27991 Rio Blanco CRS
Rifle, Co 81650
Billing Contact
Phone number: 713-381-7661
Email: mgmungas@eprod.com
Shriver Nolan Sr Compliance Admin
Mid America Pipeline Co LLC EHS&T
PO Box 4324
Houston, TX 77210
DMR Contact
Kay Lambert, Env Scientist
HRL Compliance Solutions
744 Horizon Ct Ste 140
Grand Junction CO 81506
Phone number: 713-381-6595
Email: snolan@eprod.com
Phone number:970-243-3271
Email: klambert@hrlcomp.com
For answers to common questions surrounding construction dewatering, please review the Construction Dewatering FAQ
available on our website at:
htto://www.cdohe.state.co.us/wo/PermitsUnit/POLICYGU I DANCEFACTSHEETS/faasheets/CDW FAQ.odf
If you have any other questions please contact me at 303-692-3392.
Sincerely,
/ r
� I Li( /��k-:-2'I.v"7/\
Maura McGovern, Permit Writer
WATER QUALITY CONTROL DIVISION
Enclosures: Certification page; General Permit
xc: Regional Council of Government
Garfield County, Local County Health Department
D.E., Technical Services Unit, WQCD
Permit File
/dkj
cdw cert 2010
Page I of 15
RE
yo.
I.
•
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CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COG070000
CONSTRUCTION DEWATERING OPERATIONS
Certification Number: COG074023
This Certification to Discharge specifically authorizes:
Mid America Pipeline Co LLC
Colorado Department to discharge from the facility identified as
of Public Health Western Expansion Pipeline 11
and Environment
to:
Evacuation Creek, Whiskey Creek, Davis Canyon Creek, West Evacuation Creek, Trail Canyon Creek, Wagon Canyon
Creek, West Salt Creek, McDonald Creek, South Canyon Creek, Prairie Canyon Creeks to White River & Colorado River
Facility Located at: Baxter Pass Rd & Hwy 39 includes Mesa, Rlo Blanco, and Garfield Counties (map in
file), Garfield County, uninc, CO 00000
Facility Location Latitude 39.497, Longitude -108.95699
Undefined Discharge
Outfall(s) to Surface Water
Discharge Outfall(s) Description
Discharge Number
001-A -040-A
Project includes the construction of a loop pipeline project that loops the existing MAPL
pipeline, an approximate 96 -mile long, I6 -inch natural gas liquids pipeline across the
western portions of Mesa, Rio Blanco, and Garfield counties. The pipeline will cross
Evacuation Creek, Whiskey Creek, Davis Canyon Creek, West Evacuation Creek, Trail
Canyon Creek, Wagon Canyon Creek, West Salt Creek, McDonald Creek, South Canyon
Creek, Prairie Canyon Creeks to White River & Colorado River. The dewatering will go
to a sediment bag at the maximum discharge rate of 50 GPM.
All discharges must comply with the lawful requirements of federal agencies municipalities, counties, drainage districts and other local agencies
regarding any discharges to storm drain systems, conveyances, or other watercourses under their jurisdiction.
Permit Limitations and Mon toring Requirements apply to 001A -040A as outlined in the Permit Part I.B and Part LC
Parameter
samaritan Coiaebfratlom
...
MonlMirbra-
'
UnIts
30 -Day
Average
7 -Day
Average
Daily Max.Fregbenq
..
sarripk Type.
. .
APPUCARLE
TO ALL DISCHARGES
AS USTED
IN GENERAL
PERMIT
pH, (Minimum-Maxlmum)
00400
s.u.NA
NA
6.5-9.0
Weekly
In-situ
Total Suspended solids,
00530
mel
30
45
NA
WeeklyGrab
Oil and Grease,
03582
mg/1
NA
NA
10•
Weekly
Grab*
Flow,
50050
MGD
Report
NA
Report
Weekly
Instantaneous or
Continuous
Oil and Grease Visual
84066
NA
NA
NA
Weekly
Visual
SITE SPECIFIC PARAMETERS
Total Dissolved Solklsen
70295
mg/I
NA
NA
Report
Monthly
Grab
Selenium (Potentially
Dissolved),
01323
ug/1
Report
NA
Report
Weekly
Grab
* if a visible sheen is observed, a grab samp
• *Required for discharges to the Colorado
Cert Bcation is issued 3/29/2012 Effective
This certification under the permit requires
obligated to comply with all terms and conditions
Signed,(----
Nathan Moore
Construction, MS4, & Pretreatment Unit Manager
Water Quality Control Division
a shall be collet ed and analyzed for oil and grease.
River Basin
3/29/2012 Certification Expires: 11/30/2011 Administratively Continued
that specific actions be performed at designated times. The certification holder is legally
of the permit.
Page I of 15
PART 1
Page No. 2
Permit No. COG -070000
CDPS GENERAL PERMIT
FOR CONSTRUCTION DEWATERING ACTIVITIES
AUTHORIZATION TO DISCHARGE UNDER THE
COLORADO DISCHARGE PERMIT SYSTEM
In compliance with the provisions of the Colorado Water Quality Control Act (25-8-101 et. seq. CRS, 1973 as amended), and the
Clean Water Act (33 U.S.C. 1251 et. seq. as amended; the "Act"), entities engaged in construction dewatering of groundwater
and/or stormwater (excluding mine dewatering activities), are authorized to discharge from approved locations throughout the State
of Colorado to waters of the State. Such discharges shall be in accordance with effluent limitations, monitoring requirements and
other conditions set forth in Parts I, II, and I11 hereof.
This permit specifically authorizes the identified entity to discharge from their wastewater treatment facilities, at the described
location, to identified waters of the state, as stated in the certification which is on page one of this permit.
The authorization to discharge under this permit is in effect from the date of certification (page one of this permit) until the
expiration date identified below.
This permit becomes effective on December 1, 2006, and shall expire at midnight, November 30, 2011
Reissued and signed this 5th day of June, 2008
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Janet Kieler, Permits Section Manager
WATER QUALITY CONTROL DIVISION
Permit Action Summary:
Amendment #1 — Issued June 5, 2008, Effective August 1, 2008
Originally Issued November 01, 2006, Effective December 1, 2006
ADMINISTRATIVELY CONTINUED Effective 12-1-2011
Revised 7/21/2008
TABLE OF CONTENTS
PART I
PART I -
Page No. 3
Permit No. COG -070000
A. COVERAGE UNDER THIS PERMIT 4
1. Eligibility 4
2. Application Requirements 4
3. Certification Requirements 4
B. TERMS AND CONDITIONS 5
1. Effluent Parameters 5
2, Site-specific Limitations 5
3. Onetime Sampling Analysis for Metals 5
4. Onetime SamolingAnalysis for Organics 5
5. Other Site-soecific Limitations 5
C. MONITORING REQUIREMENTS 5
1. Effluent PamMetera 5
D. DEFINITIONS 5
E. ADDITIONAL MONITORING REQUIREMENTS 6
1. Representative Sampling 6
2. Discharge Sampling Point 6
3. Analytical and SamplingMethods for Monitoring 6
4. Records 7
5. Additional Monitoring by Pennittee 7
6. Flow Measuring Device 7
F. REPORTING 7
1. Signatory Requirements 7
2. Quarterly Reports 7
3. Special Notifications - 8
PART II
A. MANAGEMENT REQUIREMENTS AND RESPONSIBILITES 9
L Hiss 9
2, Upsets 9
3, Reduction. Loss. or Failure of Treatment Facility 9
4. Removed Substances 10
5. Minimization of Adverse Impact . 10
6. Discharge Point 10
7. InsPectionS and Right to Entry 10
8. Dutv to Provide Information 10
9. Availability of Reports 10
10, Transferonership or Control 11
B. ADDITIONAL CONDITIONS 11
1. Permit Violations 11
2. Civil and Criminal Liability 11
3. State Laws ... 11
4. Division Emergency Power 11
5. Severability 11
6. Oil and Hazardous Substance Liability I 1
7. Property Rights 11
8, Modification. Suspension. or Revocation ofPenni; 11
9, Permit Renewal Application 12
10. Confidentiality 12
11. fen 13
PART III
L. priority ollutants and Hazardous Substances 14
2. Other Toxic Pollutants 14
3. Toxic Pollutants and Hazardous Substances 15
Revised 7/21/2008
PART 1
Page No.4
Permit No. COG -070000
PART 1
A. COVERAGE UNDER THIS PERMIT
1. Eligibility
In order to be eligible for authorization to discharge under the terms and conditions of this permit, the owner and/or
operator of any construction dewatering operation, the water being groundwater or groundwater mixed with stormwater,
that discharges to waters of the State, which can meet the conditions identified at Part I.A.3., below, must submit a
complete permit application form obtained from the Water Quality Control Division ("Division"). If application applies
such application shall be submitted at least thirty (30) days prior to the anticipated date of first discharge to:
Colorado Department of Public Health and Environment
Water Quality Control Division, WQCD-P-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
Attention: Industrial Permits Unit
The application form can be obtained from the Division or from the website at
www.cdphe.state.cohvd/PermitsUnit/IandD070000DewaterineApplication.ndrfor by calling 303-692-3500. A summary
of the information required in the application is provided below in Part I.A.2.
The Division shall have up to thirty (30) days after receipt of the application to request additional data and/or deny the
authorization for any particular discharge. Upon receipt of additional information the Division shall have an additional 30
days to issue or deny authorization for any particular discharge.
If the Division determines that the operation does not fall under the authority of the general permit; then the information
received will be treated as an individual permit application.
Authorization to discharge under this general permit shall commence immediately and shall expire on November 30,
2011. The Division must evaluate this general permit at least once every five (5) years and must also recertify the
applicant's authority to discharge under the general permit at such time. Therefore, a permittee desiring continued
coverage under this general permit must re -apply by May 1, 2011. The Division will determine if the applicant is eligible
to continue to operate under the terms of the general permit. An application for an individual permit will be required for
any point source discharge not reauthorized to discharge under the reissued general permit.
2. Application Requirements
The application referenced in Part 1.A.1., above, will require the following information:
a. The name, address, and descriptive location of the operation along with an accompanying USGS map, or a map of
similar quality, which shows the location of all pertinent activities and the site boundary;
b. The name of the principalin charge of operation, address, and phone number of the owner and of the field
superintendent in responsible charge;
c. A detailed site map that identifies all discharge points, and a schematic diagram showing the general area and/or
routing of the activity;
d. The name of water(s)_receiving the discharge(s) and a listing of any downstream waters into which the receiving
stream flows within rive miles of the point of discharge;
e. Description of the type of activity resulting in the discharge including the anticipated duration of activity and/or the
discharge, anticipated volume, and rate of discharge, and the source of water which is to be discharged;
f. Description of any wastewater treatment system and recycle/reuse utilized;
g. A description of the methods and equipment to be used to measure flows and to analyze for pollutants of concern in
the discharge; and,
h. Storage of petroleum or chemicals on site.
i. Discharge cannot be shown to be capable of causing new or increased loadings of parameters cited in Colorado's
303(d) list (htto://www.edbhe.state.co.uJrceulations/woccreps/100293wnlimuedscatntdls.pdfl for impairment for
next receiving downstream State waters;
3. Certification Requirements
The applicant must certify that the following conditions exist at the operation or the operation will not be allowed to
discharge under the authority of the general permit:
a. This permit does not constitute authorization under 33 U.S.C. 1344 (Section 404 of the Clean Water Act) of any
stream dredging or filling operations;
b. The operation does not accept for treatment and discharge, by truck, rail, or dedicated pipeline, any hazardous waste
as defined at Part 261, 6 CCR 1007-3, under the Hazardous Waste Commission Regulations;
c. The certification does not allow for a mixing zone and all limits are end of pipe.
Revised 7/21/2008
PART 1
Page No. 5
Permit No. COG•070000
B. TERMS AND CONDITIONS
I. Effluent Parameters
In accordance with the Water Quality Control Commission Regulations for Effluent Limitations, Section 62.4,) and the
Colorado Discharge Permit System Regulations, Section 61.8(2), the following limitations will be applicable to all
discharges.
Parameter
D scharge Limitations
Maximum Concentrations
30 -Day Avg
7 -Day Average
Daily Max.
Flow MGD
Report
NA
Report
oto uspended Solids, mg/I
30
45
NA
Oil and Grease, mg/I
NA
NA
10*
pH, s.u. (Minimum -Maximum)
NA
NA
6.5-9.0
Total Dissolved Solids, mg/I**
NA
NA
Report
Total Phosphorusmg/I, as P***
NA
NA
Report
Site Sneedle
Metals, urn*
�TAsrc- II Fs
Varies
Varies
Varies
**Applicable only to waters of (be Colorado River Basin.
*** Applicable only to waters with a control regulation for P.
****Applicable on a site by site basis.
2. Site-specific Limitations
Site-specific limitations for a parameter may be added on a case-by-case basis that are equivalent to the Basic Standards
and Methodologies for Surface Water, or Regulation for Effluent Limitations, or any other applicable regulation, and
would be specified in the certification along with the appropriate monitoring frequencies.
3. Onetime Sampling Analysis for Metals
The Division may request a onetime sampling and analysis for specific or all inclusive metals parameters on a site
specific/ discharge specific basis. The permittee will be required to submit these results to the permit writer identified on
the certification. The Division will then review the data to determine if any certification amendments are necessary based
on the effluent monitoring results.
4. Onetime Sampling Analysis for Organics
The Division may request a onetime sampling and analysis for specific or all inclusive organics parameters on a site
specific/ discharge specific basis. The permittee will be required to submit these results to the permit writer identified on
the certification. The Division will then review the data to determine if any certification amendments are necessary based
on the effluent monitoring results.
5. Other Site-specific Permit Conditions
Specific permit conditions may be added due to Division compliance order on consent, cease and desist order, or an EPA
administrative order, or similar decree promulgated by the Division or EPA.
C. MONITORING REOUIREMENTS
1, Effluent Parameters
In order to obtain an indication of compliance or non-compliance with the effluent limitations specified in Part 1, Section
B.1, the permittee shall normally monitor the effluent parameters at the fol owing required frequencies, however changes
to these frequencies may be made on a site specific and/or discharge specific basis, as identified in the certification on
page one of this permit, the results to be reported on the Discharge Monito ing Report ("DMR") (See Part I, Section F.2.):
Effluent Parameter
Measurement Frequency
Sample Type
Flow MGD
Weekly
Instantaneous or Continuous
Total Suspended Solids, mg/I
Weekly
Grab
Oil and Grease, mg/1
Weekly
Visual*
pH, s.u. (Minimum -Maximum;
Weekly
In-situ
Total Dissolved Solids, mgII *
Monthly
Grab
oto P osp ours, ml as P ***
Monthly
Grab
Lite Specific
Metals, u(/I****
Varies
Varies
*'Applicable only to waters of the Colorado River Basin.
a"*
Applicable only to waters with a control regulation for P.
Applicable on a site by site basis.
D. DEFINITIONS OF TERMS
1. "Continuous" measurement is a measurement obtained from an automatic recording device, which continually
provides measurements.
Revised 781/2008
PART 1
Page No. 6
Permit No. COG -070000
2. "Daily Maximum limitation" means the limitation for this parameter shall be applied as an instantaneous maximum
(or, for pH or DO, instantaneous minimum) value. The instantaneous value is defined as the analytical result of any
individual sample. DMRs shall include the maximum (and/or minimum) of all instantaneous values within the
calendar month. Any instantaneous value beyond the noted daily maximum limitation for the indicated parameter
shall be considered a violation of this permit.
3. "Grab" sample, is a single "dip and take" sample so as to be representative of the parameter being monitored.
4. "1n -situ" measurement is defined as a single reading, observation or measurement taken in the field at the point of
discharge.
5. "Instantaneous" measurement is a single reading, observation, or measurement perfomied on site using existing
monitoring facilities.
6. "Material handling activities" include: storage, loading and unloading of any raw material, intermediate product,
finished product, by-product, or waste product where such products could come in contact with precipitation.
7. "Seven (7) day average" means the arithmetic mean of all samples collected in a seven (7) consecutive day period.
Such seven (7) day averages shall be calculated for all calendar weeks, which are defined as beginning on Sunday
and ending on Saturday. If the calendar week overlaps two months (i.e. the Sunday is in one month and the Saturday
in the following month), the seven (7) day average calculated for that calendar week shall be associated with the
month that contains the Saturday. Samples may not be used for more than one (1) reporting period.
8. "Significant materials" include but are not limited to: raw materials; fuels; materials such as metallic products;
hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report
hursuant to section 313 ofSARA I11; fertilizers; pesticides; and waste products such as ashes, slag and sludge that
ave the potential to be released with stormwater discharge.
9. "Stormwater discharge associated with industrial activity" means anypoint source which is used for collecting and
conveying stormwater, and which is located at an industrial site or drectly related to manufacturing, processing or
raw materials storage areas at an industrial site. The term includes, but is not limited to, stormwater discharges from
drainage areas in which are located: industrial site yards; immediate access roads and rail lines; drainage ponds;
material handling sites; refuse sites; sites used for the application or disposal of process waters; sites used for storage
and maintenance of material handling equipment; sites that are or have been used for residual treatment, storage or
disposal; dust or particulate generating processes; shipping and receiving areas; manufacturing buildings; and storage
areas (including tank farms) for raw materials, and intermediate and finished products.
10. "Thirty (30) day average" means the arithmetic mean of all samples collected during a thirty (30) consecutive -day
period. The permittee shall report the appropriate mean of all self-monitoring sample data collected during the
calendar month on the Discharge Monitoring Reports. Samples shall not be used for more than one (1) reporting
period.
11. "Visual" observation is observing the discharge to check for the presence of a visible sheen or floating oil.
l2. "Water Quality Control Division" or "Division" means the state Water Quality Control Division as established in 25-
8-101 et al.)
Additional relevant definitions are found in the Colorado Water Quality Control Act, CRS §§ 25-8-101 et sea.., the
Regulations for the State Discharge Permit System 5 CCR 1002-2, § 6.1.0 et and other applicable regulations.
E. ADDITIONAL MONITORING REOUIREMENTS
I. Representative Sampling
Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored
discharge. All samples shall be taken attire monitoring points s. cified in this permit and, unless otherwise specified,
before the effluent Joins or is diluted by any other wastestream, . ' y of water, or substance. Monitoring points shall
not be changed witout notification to and approval by the Division.
2. Discharge Sampling Point
Discharge points shall be so designed or modified so that a sample of the effluent can be obtained at a point after the
final treatment process and prior to discharge to state waters. The permittee shall provide access to the Division to
sample the discharge at these points.
3. Analytical and SamDline Methods for Monitoring
The permittee shall install, calibrate, use and maintain monitoring methods and equipment, including biological and
indicated pollutant -monitoring methods. Analytical and sampling methods utilized by the discharger shall be approved
methods as defined by Colorado Regulations for Effluent Limitations (5 CCR 1002-3, 62.5), Federal regulations (40
CFR 136) and any other applicable State or Federal regulations.
When requested in writing, the Water Quality Control Division may approve an alternative analytical procedure or any
significant modification to an approved procedure.
4. Records
a) The permittee shall establish and maintain records. Those records shall include, but not be limited to, the
following:
Revised 7/21/2008
PART 1
Page No. 7
Permit No. COG -070000
(i) The date, type, exact place, and time of sampling or measurements;
(ii) The individual(s) who performed the sampling or measurements;
(iii) The date(s) the analyses were performed;
(iv) The individual(s) who performed the analyses;
(v) The analytical techniques or methods used; and
(vi) The results of such analyses.
b) Thepermittee shall retain for a minimum of three (3)years records of all monitoring information, including all
original strip chart recordings for continuous monitonng instrumentation, all calibration and maintenance
records, copies of all reports required by this permit and records of all data used to complete the application for
this permit. This period of retention shall be extended during the course of any unresolved litigation regarding
the discharge of pollutants by the permittee or when requested by the Division.
5. Additional Monitoring by Permittee
If the permittee, using the approved analytical methods, monitors any parameter more frequently than required by this
permit, then the results of such monitoring shall be included in the calculation and reporting of the values required in
the Discharge Monitoring Report Form or other forms as required by the Division. Such increased frequency shall also
be indicated.
6. Flow Measuring Devices
Flow measuring and metering shall be provided to give representative values of throughput and treatment of the
wastewater system. Unless specifically waived in the certification, the metering device shall be equipped with a local
flow indication instrument and a flow indication-recording-totalization device suitable for providing permanent flow
records, which should be in the plant control building.
At the request of the Director of the State Water Quality Control Division, the permittee must be able to show proof of
the accuracy of any flow -measuring device used in obtaining data submitted in the monitoring report. The
flow -measuring device must indicate values within ten (10) percent of the actual flow discharging from the point
source.
7. Contamination:
If groundwater contamination is encountered, then the permittee is to contact the Division and, if appropriate, the
owner of the collection system receiving the discharge. Since the discharge of contaminated groundwater is not
covered under this permit, the permittee shall immediately apply for a groundwater remediation certification,
httq://www.cdphc.statc.co.us/wq/PeimitsUnit/IandD/31000gasylinecicanun application.pdf)
which will include appropriate requirements for additional discharge monitoring and on-site environmental response
capabilities?
F. REPORTING
Signatory Requirements
All reports, applications, or information required for submittal shall be signed and certified for accuracy by the
permittee in accord with the following criteria:
a) 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 operation
from which the discharge described in the form originates;
b) In the case of a partnership, by a general partner;
c) In the case of a sole proprietorship, by the proprietor;
d) In the case of a municipal, state, or other public operation, by either a principal executive officer,
ranking elected official, or other duly authorized employee.
2. Monthly Reports
Monitoring results shall be for each calendar month and reported on the DMR forms (EPA forms 3320-1). DMR
forms shall normally be submitted on a monthly basis; however the Division may determine a different frequency. The
forms shall be mailed to the Division at the address listed below so that they are received by the Division no later than
the 28th day of the following month. If no discharge occurs during the reporting period, "No Discharge" shall be
reported.
The DMR forms shall be filled out accurately and completely in accordance with the requirements of this permit and
the instructions on the forms, and shall be signed by an authorized person as identified in the preceding section, Part
I.F.I.
The DMR forms consist of four pages - the top "original" copy, and three attached no -carbon -required copies. After
the DMR form has been filled out and signed, the four copies must be separated and distributed as follows.
Revised 7/21/2008
The top, original copy of each form shall be submitted to the following address:
Colorado Department of Public Health and Environment
Water Quality Control Division, WQCD-PE-B2
4300 Cherry Creek Drive South
Denver, CO 80246-1530
PARTI
Page No. 8
Pennit No. COG -070000
The additional copies are for the permittee's records.
3. Special Notifications
a) Definitions
(i) Bypass: The intentional diversion of waste streams from any portion of a treatment facility.
(ii) Severe Property Damage: I) Substantial physical damage to property at the treatment facilities to cause
them to become inoperable, or 2) substantial andrmanent loss of natural resources which can
reasonably be expected to occur in the absence ofpa bypass.
(iii) Spill: An incident in which flows or solid materials are accidentally or unintentionally allowed to flow or
escape so as to be lost from the domestic wastewater treatment works as defined in the Colorado Water
Quality Control Act, which may cause pollution of state waters.
(iv) Upset: An exceptional incident in which there is unintentional and tem orary noncompliance with permit
effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not
include noncompliance to the extent caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
b) Noncompliance Notification
(i)
If, for any reason, thepermittee does not comply with or will be unable to comply with any
maximum discharge limitations, standards or conditions specified in this permit, the
permittee shall, at a minimum, provide the Division and EPA with the following
information:
(1) A description of the discharge and cause of non- compliance.
(2) The period of noncompliance, including exact dates and times and/or the anticipated time when the
discharge will return to compliance; and
(3) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge.
(ii) The following instances of noncompliance shall be reported orally within twentv-fgpr f 24 hours from the
time the permittee becomes aware of the circumstances, and a written report mailed within five (5) days
of the time the permittee becomes aware of the circumstances. Oral notifications should be made by
calling the Environmental Release and Incident Reporting Line at 877-518-5608. Written reports
should be sent to Colorado Department of Public Health and Environment, Water Quality Control
Division, WQCD-District Engineer, 4300 Cherry Creek Drive South, Denver, CO 80246-1530,
(1) Any instance of noncompliance, which may endanger human health or the environment, regardless
of the cause for the incident.
(2) Any unanticipated bypass, or any upset or spill, which causes any permit limitation to be violated.
(3) Any suspected significant discharges of toxic pollutants or hazardous substances, which are listed in
Part 111. of this permit, regardless of the cause for the incident.
(iii) The permittee shall report all other instances of noncompliance, which are not required to be reported
within twenty-four (24) hours, at the time DMRs are submitted, except as required in (iv) below. The
reports shall contain the information listed in "Noncompliance Notification" (paragraph (i) above).
(iv) If the permittee knows in advance of the need for a bypass, it shall submit written notification to the
Division of the need for such bypass at least ten days before the date of the contemplated bypass.
c) Submission of Incorrect or Incomplete Information
Where thepermittee becomes aware that it failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or report to the Division, it shall promptly submit such
facts or information.
d) Change in Discharge or Wastewater Treatment Facility
The permittee shall inform the Division (Technical Services Unit) in writing of any intent to construct, install, or
alter any process, facilityty, or activity that is likely to result in a new or altered discharge either in terms of
location or effluent quality prior to the occurrence of the new or altered discharge, and shall famish the Division
such plans and specifications which the Division deems reasonably necessary to evaluate the effect on the
discharge and receiving stream.
Revised 7/21'2008
If the Division finds that such new or altered discharge might
the Division shall require a new or revised permit application
Colorado State Discharge Permit System Regulations, 5CCR
prior to the effective date of the new or altered discharge.
e) Deactivation
PART 1
Page No. 9
Permit No. COG -070000
be inconsistent with the conditions of the permit,
and shall follow the procedures specified in
1002.2, Sections 61.5 through 61.9(2), and 61.15
The permittee shall notify the Division (Permits Section) within thirty (30) days before deactivation of the
permitted operation. Deactivation includes ceasing operation of the facility, ceasing all discharges to State
Waters for the remaining term of the existing permit and/or the connection to•another wastewater treatment
facility.
PART 1I
A. MANAGEMENT REQUIREMENTS AND RESPONSIBILITIES
I. Bypass
a) The permittee may allow any bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient operation. Division
notification is not required.
b) A bypass, which causes effluent limitations to be exceeded, is prohibited, and the Division may
take enforcement action against a permittee for such a bypass, unless:
(i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(ii) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or maintenance during normal periods of equipment
downtime. This condition is not satisfied if the pernittee could have installed adequate
backup equipment to prevent a bypass which occurred during normal periods of equipment
downtime or preventative maintenance; and
(iii) The permittee submitted notices as required in "Non -Compliance Notification," Part I.F.
3(b) (iv)
2. Upsets
a) Effect of an Upset
An upset constitutes an affirmative defense to an action brought for noncompliance with
technology-based (process -related) permit effluent limitations if the requirements of paragraph (b)
of this section are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
b) Conditions Necessary for a Demonstration of Upset
A permittee who wishes to establish the affirmative 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;
(ii) The permitted operation was at the time being properly operated; and
(iii) The permittee submitted notice of the upset as required in Part I, Section C of this permit
(24-hour notice).
(iv) The permittee complied with any remedial measures required under 40 CFR 122.7(d).
c) Burden of proof
In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has
the burden of proof.
3. Reduction, Loss. or Failure of Treatment
The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the
effluent limitations of the permit. Upon reduction, loss, or failure of the treatment, the permittee shall, to
the extent necessary to maintain compliance with this permit, control sources of wastewater, or all
discharges, or both until the treatment is restored or an alternative method of treatment is provided. This
provision also applies to power failures, unless an alternative power source sufficient to operate the
wastewater control facilities is provide.
In an enforcement action a permittee shall not use a defense that it would be necessary to halt or reduce
the permitted activity in order to maintain compliance with the conditions of this permit.
Revised 7!21/2008
PART II
Page I
Permit No.:
COG -070000
4. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of
wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from
entering waters of the State.
5. Minimization of Adverse Impacts
The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State
resulting from noncompliance with any effluent limitations specified in this permit. As necessary,
accelerated or additional monitoring of the influent or effluent will be required to determine the nature
and impact of noncompliance.
6. Discharge Point
Any discharge to the waters of the State from a point source other than specifically authorized herein is
prohibited.
7. Insoections and Right to Entry
The permittee shall allow the Division's Director, the EPA Regional Administrator, and/or their
authorized representatives, 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 inspect and copy any records required to be kept under the
terms and conditions of this permit and to inspect any monitoring equipment or monitoring
method required in the permit; and
c) To enter upon the permittee's premises in a reasonable manner and at a reasonable time to inspect
and/or investigate any actual, suspected, or potential source of water pollution, or to ascertain
compliance or noncompliance with any applicable state or federal statute or regulation or any
order promulgated by the Division. The investigation may include, but is not limited to the
following: sampling of any discharge and/or process waters, the taking of photographs,
interviewing of any persons having any knowledge related to the discharge permit or alleged
violation, access to any and all facilities or areas within the pennittee's premises that may have any
affect on the discharge, permit, or alleged violation.
d) The Division shall split samples taken by the Division during any investigation with the permittee if
requested to do so by the permittee.
8. Duty to Provide Information
The permittee shall furnish to the Division, within a reasonable time, any information which the
Divi
sion may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit, or to determine compliance with this permit.
9. Availability of Reports
Except for data determined to be confidential under Section 308 of the Act and the Colorado Discharge
Permit System Regulations 5 CCR 1002-2, Section 61.5(4), all reports prepared in accordance with the
terms of this permit shall be available for public inspection at the offices of the Division and the EPA's
Regional Administrator.
As required by the Act, effluent data shall not be considered confidential. Knowingly making any false
statement on any such report may result in the imposition of criminal penalties as provided for in
Section 309 of the Act, and Section 25-8-610 C.R.S.
10. Transfer of Ownership or Control
A permit may be transferred to a new permittee only upon the completion of the following:
a) The current permittee notifies the Division in writing 30 days in advance of the proposed transfer
date;
b) The notice includes a written agreement between the existing and new permittees containing a
specific date for transfer of permit responsibility, coverage and liability between them; and
c) Fee requirements of the Colorado Discharge Permit System Regulations (Section 61.15) have been
met.
Revised 7/21/2008
PART 11
Page 11
Permit No.:
COG -070000
13. ADDITIONAL CONDITIONS
1. Permit Violations
Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. The
discharge of any pollutant identified in this permit more frequently than or at a level in excess of that
authorized shall constitute a violation of the permit.
2. Civil and Criminal Liability
Except as provided in Part I, Section C and Part 11, Section A, nothing in this permit shall be construed
to relieve the permittee from civil or criminal penalties for noncompliance (See 40 CFR 122.60)
3. State Laws
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the
permittee from any responsibility, liabilities, or penalties established pursuant to any applicable State
law or regulation under authority preserved by Section 510 of the Act.
4. Division Emergency Power
Nothing in this permit shall be construed to prevent or limit application of any emergency power of the
Division.
5. Severability
The provisions of this permit are severable. If any provisions of this permit, or the application of any
provision of this permit in any circumstance, are held invalid, the application of suchrovision to other
circumstances and the application of the remainder of this permit shall not be affected.
6. Oil and Hazardous Substance Liability
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 to which the permittee is or may be subject
under Section 311 (Oil and Hazardous Substance Liability) of the Act, except as recognized by federal
law.
7. Property Rights
The issuance of this permit does not convey any property or water rights in either real or personal
property or stream flow or any exclusive privileges, nor does it authorize any injury to private property,
any invasion of personal rights, nor any infringement of Federal, State, or local laws or regulations.-
8.
egulations:8. Modification, Suspension, or Revocation of Permit
The filing of a request by the permittee for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit
condition.
All permit modification, termination 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), 61.8, and
61.15 except for minor modifications.
Minor modifications may only correct typographical errors, require a change in the frequency of
monitoring or reporting by the permittee, change an interim date in a schedule of compliance or allow
for a change in ownership or operational control of an activity including addition, deactivation or
relocation of discharge points where the Division determines that no other change in the permit is
necessary.
a) This permit may be modified, suspended, or revoked in whole or in part during its term for reasons
determined by the Division including, but not limited to, the following:
(i) Violation of any terms or conditions of the permit;
(ii) 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; or
(iii) Materially false or inaccurate statements or information in the permit application of the
permit; or
(iv) Toxic effluent standards or prohibitions (including any schedule of compliance specified in
such effluent standard or prohibition) which are established under Section 307(a) of the
Federal Act for a toxic pollutant which is present in the discharge and such standard or
prohibition is more stringent than any limitation for such pollutant in this permit.
Revised 7/2112005
PART 11
Page 12
Permit No.:
COG -070000
b) 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:
(i) The water quality standards applicable to such waters; or
(ii) Effluent limitations or other applicable requirements pursuant to the state act or federal
requirements; or
c) This permit may be modified in whole or in part to include any condition set forth in the approval
of the site location for the facility per Regulations for the Site Application Process, 5 CCR
1002-22, and Sections 22.1 through 22.14.
d) At the request of a permittee, the Division may modify or terminate this permit and issue a new
permit if the following conditions are met:
(i) EPA's Regional Administrator has been notified of the prosed modification of
termination and does not object in writing within thirty (30)days of receipt of notification;
(ii) The Division finds that the permittee has shown reasonable grounds consistent with the
Federal and State statutes and regulations for such modifications or termination;
(iii) Fee requirements of Section 61.15 of Colorado Discharge Permit System Regulations have
been met; and
(iv) Requirements of public notice have been met.
e) This permit may be modified to reflect any new requirements for handling and disposal of
biosolids as required by State or Federal regulations.
t) This permit shall be modified or alternatively, revoked and reissued, to incorporate an approved
Domestic Wastewater Treatment Works Pretreatment Program into the terms and conditions of
this permit.
If, during the term of this permit, industrial contributions to the DWTW are interfering, inhibiting
or incompatible with the operation of the treatment works, then theunit may be modified to
require the permittee to specify, by ordinance, contract, or other ento ce- able means, the type of
pollutant(s) and the maximum amount which may be discharged to the permittee's facility for
treatment.
g)
9. Permit Renewal Application
If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least
one hundred eighty (180) days before this permit expires. If the permittee anticipates there will be no
discharge after the expiration date of this permit, the Division must be promptly notified so that it can
terminate the permit in accordance with Part Il Section B.B.
10. Confidentiality
Any information relating to any secret process, method of manufacture or production, or sales or
marketing data, 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 Subsection (10) shall bear the burden of proving its applicability.
This section shall never be interpreted as preventing full disclosure of effluent data.
1I. Fees
The permittee is required to submit an annual fee as set forth in the 1983 amendments to the Water
Quality Control Act, Section 25-8-502 (I) (b), and Colorado Discharge Pernit System Regulations
5CCR 1002-2, Section 61.15 as amended. 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.
Revised 7/21/2008
Volatiles
acrolein
acrylonitrile
benzene
bromoform
carbon tetrachloride
chlorobenzene
chlorodibromomethane
chloroethane
2-chloroethylvinyl ether
chloroform
dichlorobromomethane
1,! dichlorethane
1,2-dichlorethane
1, I-dichlorethylene
1,2-dichlorpropane
1,3-dichlorpropylene
ethylbenzene
methyl bromide
methyl chloride
methylene chloride
1,1,2,2 -tetrachloroethane
tetrachloroethylene
toluene
1,2-transdichloroethylene
1,1,1 -trichloroethane
1,1,2 -trichloroethane
trichloroethylene
vinyl chloride
Revised 7/21/2008
PART III
PRIORITY POLLUTANTS AND HAZARDOUS SUBSTANCES
ORGANIC TOXIC POLLUTANTS IN EACH OF FOUR FRACTIONS
IN ANALYSIS BY GAS CHROMATOGRAPHY/MASS SPECTROSCOPY (GC/MS)
(SEE TABLE II, OF 40 CFR 122 APPENDIX D)
Base/Neutral
acenaphthene
acenaphthylene
anthracene
benzidine
benzo(a)anthracene
benzo(a)pyrene
3,4-benzofluoranthene
benzo(ghi)perylene
benzo(k)fluoranthene
bis(2-chloroethoxy)methane
biss(((2-chloroethyl)ether
bi 2-chloroisopropyl)ether
bis 2-ethylhexyl) hthalate
4-bromophenyl phenyl ether
butylbenzyl phthalate
2-chloronaphthalene
4-chlorophenyl phenyl ether
chrysene
dibenzo(a,h)anthracene
1,2 -dichlorobenzene
1,3 -dichlorobenzene
1,4 -dichlorobenzene
3,3dichlorobenzidine
diethyl phthalate
dimethyl phthalate
dr -n -butyl phthalate
2,4-dinitrotoluene
216-dinitrotoluene
di-n-octyl phthalate
1,2-diphenylhydrazine (as azobenzene)
fluorene
fluoranthene
hexachlorobenzene
hexachlorobutadiene
hexachlorcyclopentadiene
hexachloroethane
indeno(1,2,3-cd)pyrene
isophorone
naphthalene
nitrobenzene
N-nitrosodimethylamine
N-nitrosodi-n-propylamine
N-nitrosodiphenylamine
phenanthrene
pyrene
I ,2,4-trichlorobenzene
OTHER TOXIC POLLUTANTS
(METALS AND CYANIDE)) AND TOTAL PHENOLS
(SEE TABLE III, OF 40 CFR 122 APPENDIX D)
Antimony, Total
Arsenic, Total
Beryllium, Total
Cadmium, Total
Chromium, Total
Copper, Total
Lead, Total
Mercury, Total
Nickel, Total
Selenium, Total
Total Recoverable Thallium, mg/I
Silver, Total
Thallium, Total
Zinc, Total
Cyanide, Total
Phenols, Total
Acid Compounds
2 -chlorophenol
2,4-dtchlorophenol
2,4, dimethylphenol
4,6dmitro-o-cresol
2,4-dmitrophenol
2-nitrophenol
4-nitrophenol
p -chloro -m -cresol
pentachlorophenol
phenol
2,4,6 -trichlorophenol
Pan 111
Page 13
Permit No. COG -070000
Pesticides
aldrin
alpha -BHC
beta -BHC
gamma -BHC
delta -BHC
chlordane
4,4' -DDT
4,4' -DDE
4,4' -DDD
dieldrin
alpha-endosulfan
beta-endosulfan
endosulfan sulfate
endrin
endrin aldehyde
heptachlor
heptachlor epoxide
PCB -1242
PCB -1254
PCB -1221
PCB -I232
PCB -1248
PCB -1260
PCB -1016
toxaphene
Part 111
Page 14
Permit No. COG -070000
TOXIC POLLUTANTS AND HAZARDOUS SUBSTANCES
REQUIRED TO BE IDENTIFIED BY EXISTING DISCHARGERS
IF EXPECTED TO BE PRESENT
(SEE TABLE 1I, OF 40 CFR 122 APPENDIX D)
Toxic Pollutants
Asbestos
Hazardous Substances
Acetaldehyde Isoprene
Allyl alcohol Isopropanolamine
Allyl chloride Kelthane
Amyl acetate Kepone
Aniline Malathion
Benzonitrile Mercaptodimethur
Benzyl chloride Methoxychlor
Butyl acetate Methyl mercaptan
Butylamine Methyl methacrylate
Captan Methyl parathion
Carbaryl Mexacarbate
Carbofuran Monoethyl amine
Carbon disulfide Monomethyl amine
Chlorpyrifos Naled
Coumaphos Napthenic acid
Cresol Nitrotoluene
Crotonaldehyde Parathion
Cyclohexane Phenolsulfanate
2,40(2,4-Dichlorophenoxy acetic acid) Phosgene
Diazinon Propargite
Dicamba Propylene oxide
Dichlobenil Pyrethrins
Dichlone Quinoline
2,2-Dichloropropionic acid Resorcinol
Dichlorvos Strontium
Diethyl amine Strychnine
Dimethyl amine Styrene
Dinitrobenzene TDE (Tetrachlorodiphenylethane)
Diquat 2,4,5-T (2,4,5-Trichlorophenoxy acetic acid)
Disulfoton 2,4,5 -TP f2-(2,4,5-Trichlorophenoxy) propanoic acid]
Diuron Trichloroian
Epichlorohydrin Triethylamine
Ethanolamine Trimethylamine
Ethion Uranium
Ethylene diamine Vandium
Ethylene dibromide Vinyl Acetate
Formaldehyde Xylene
Furfural Xylenol
Guthion Zirconium
Revised 7/21/2008
COLURADU DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division
Rationale - Page 15, Permit No. COG -070000
RATIONALE for AMENDMENT 1
CDPS GENERAL PERMIT FOR CONSTRUCTION DEWATERING ACTIVITIES
CDPS NO. COG -070000, STATEWIDE COVERAGE
Update (April 2008)
This is the first amendment of the general permit for wastewater associated with construction dewatering which
discharge to waters of the State.
The most significant changes in this renewal are summarized below.
A. The ability of the Division to request a onetime sampling analysis for metals, as well as organics, has been
added. The permit writer may request the additional monitoring if information about the facility indicates the
potential for groundwater contamination. The Division will review the results of the requested sampling to
determine if additional parameters need to be added for permit limitations and monitoring in the certification.
Should contamination be detected based on the sampling results, the permittee will be required to instigate
remedial activities to become compliant with all relevant stream standards for all parameters and may be
required to apply for a Groundwater Remediation Permit. COG -315000. Discharge of contaminated
groundwater is not covered under this permit.
B. The monitoring frequency of total suspended solids has been changed from monthly to weekly and the monitoring
frequency of total dissolved solids from weekly to monthly.
C. The ability of the Division to change the monitoring frequencies of the specified effluent limitations has been
added. The monitoring frequency may be changed based on site specific and/or discharge specific basis.
PUBLIC NOTICE COMMENTS
No Comments were received during the Public Notice Period.
Maura McGovern
April 9, 2008
Maura McGovern
June 5, 2008
Amended: June 5. 2008 Effective: August 1, 2008 Expiration: November 30, 2011
Revised 7/21/2008
Garfield County
May 25, 2012
BUILDING & PLANNING DEPARTMENT
Phil Vaughan
Phil Vaughan Construction Management, Inc.
1038 CR 323
Rifle, CO 81650
phil@pvcmi.com
DIRECTOR DETERMINATION — Mid-America Pipeline, WEP II
Garfield County File Number PDPA7209
Dear Mr. Vaughan,
This letter, and the attached staff report, is provided as notification that your
request for a Land Use Change Permit for a ±25 -mile land, 16" natural gas
liquids pipeline in western Garfield County has been reviewed and the Director
hereby issues a determination conditionally approving the requested permit.
Conditions of approval are:
1. All representations made in the submittal materials, compiled by Phil
Vaughan Construction Management, Inc. (PVCMI) in a three -volume set of
binders dated April 2012, shall be considered conditions of approval unless
otherwise amended by this decision.
2. Pipeline operations shall be located in a manner to minimize their visual
impact and disturbance of the land surface. Facilities shall be painted in a
uniform, non -contrasting, non -reflective color, to blend with the adjacent
landscape. Right-of-way shall be located in existing disturbed areas unless
safety or visual concerns or other adverse surface impacts clearly dictate
otherwise.
3. Prior to issuance of the Pipeline Development Permit the Applicant shall
provide the County with a bond in the amount of $548,125.00 due to the
disturbance of 219.25 acres for construction of the pipeline. The security
shall be held by Garfield County until vegetation has been successfully
reestablished according to the Reclamation Standards in the Garfield County
Weed Management Plan.
4. Prior to issuance of the Pipeline Development Permit the Applicant shall
provide the County copies of the Right -of -Way Grant and Notice to Proceed
from the BLM.
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • Fax: (970) 384-3470
5. Prior to issuance of the Pipeline Development Permit the Applicant shall
provide the County with the Army Corps of Engineers Nationwide #12 Permits
as required for disturbance to Waters of the United States.
6. Prior to issuance of the Pipeline Development Permit the Applicant shall
provide the County with Utility Permits related to road crossings on CR 201
(Baxter Pass Road).
7. Prior to issuance of the Pipeline Development Permit the Applicant shall
provide the County with a copy of the APEN Fugitive Dust permit from
CDPHE.
8. All vehicles working within Garfield County Rights -of -Way will be licensed and
registered in. the State of Colorado. All vehicles hauling equipment and
materials for the pipeline construction will abide by Garfield County Road &
Bridge Departments oversize/overweight regulations.
9. Recommendations to minimize impact on historic sites contained in the
Western Archeological Services File Search and Inventory Report, dated
March 14, 2012, shall be considered conditions of approval. At minimum the
following measures shall be utilized with regard to potential historically
significant sites:
A. A blading monitor and Open Trench Inspection (OTI) shall occur for the
entire pipeline due to the number of known historic sites along the pipeline
route and in the general vicinity.
B. Site-specific mitigation measures shall include;
I. Site No. 5GF640, Historic Ranch on BLM and Private Land —A
barricade fence shall be installed in area of Feature 4 in addition to
blade monitoring and OTI;
II. 5GF642.11, Uintah Railroad on BLM and Private Land — Restrict
construction to existing disturbance, re -contour and revegetate;
III. 5GF740, Historic Water Pipeline on BLM and Private Land —
Recommendations pursuant to the White River Field Office of the BLM;
IV. 5GF1562, Historic Carbonera Townsite on Private Land — Restrict
construction to existing disturbance, re -contour and revegetate;
V. 5GF4653, Historic Irrigation Ditch on BLM and Private Land — Re -
contour and revegetation ditch;
VI. 5GF4660, Historic Irrigation Ditch on BLM — Restrict construction to
existing disturbance and fence ROW;
VII. 5GF4667, Historic Irrigation Ditch on Private Land - Re -contour and
revegetation ditch, possible bore under ditch;
VIII. 5GF4668, Historic Windella Water Tower on Private Land — Drop
northwest corner of the TUA;
IX. 5GF4669, Historic Homestead and prehistoric lithic scatter on Private
Land — Restrict construction to existing disturbance and fence ROW;
X. 5GF4671, Historic Irrigation Ditch on BLM and Private Land — Re -
contour and revegetate ditch.
10. Recommended mitigation measures contained in the Biological Resources
and Sensitive Areas Report prepared by WestWater Engineering, dated
January 2012, shall be considered conditions of approval as itemized below:
A. If construction activities take place during future nesting season, a
subsequent raptor survey shall be required. Timing limitations for
construction activities should be applied to active raptor nests as outlined
in the BLM WRFO Resource Management Plan (BLM 1997) and the BLM
GJFO Resource Management Plan (BLM 1986).
B. Brush/tree clearing should occur after mid-to-late July to minimize impacts
to nesting sites.
C. Solid waste management practices to minimize potential human -black
bear interactions shall be implemented in the project.
D. Wildlife -friendly fencing shall be implemented in the project including a
maximum height of 42 -inches with 12 -inch spacing between the top two
wires will minimize conflict.
11.Applicant shall use Colorado Department of Agriculture certified weed -free
bales for any straw or hay bales used on the site.
12.Any equipment used in construction or operation of a pipeline shall comply
with the Colorado Oil and Gas Conservation Commission Rules and
Regulations, Section 802, Noise Abatement. Additionally, all power sources
used in pipeline operations shall have electric motors or muffled internal
combustion engines.
13. Once the construction of the pipeline is completed the Applicant shall provide
the County Geographic Information System (GIS) analyst with a digital
alignment of the pipeline in a format readable to the County.
14. In no case shall an operator engage in activities which impact Federal or
State threatened and endangered species.
15.Air contaminant emissions shall be in compliance with the applicable permit
and control provisions of the Colorado Air Quality Control Program, Title 25,
Resolution 7, C.R.S.
16.AII operations shall comply with all applicable Federal and State Public Health
and Environment, Noise, and Air and Water Quality Control standards.
17. Facilities shall be painted in a uniform, non -contrasting, non -reflective color,
to blend with the adjacent landscape. Right-of-way shall be located in existing
5. Prior to issuance of the Pipeline Development Permit the Applicant shall
provide the County with the Army Corps of Engineers Nationwide #12 Permits
as required for disturbance to Waters of the United States.
6. Prior to issuance of the Pipeline Development Permit the Applicant shall
provide the County with Utility Permits related to road crossings on CR 201
(Baxter Pass Road).
7. Prior to issuance of the Pipeline Development Permit the Applicant shall
provide the County with a copy of the APEN Fugitive Dust permit from
CDPHE.
8. Prior to issuance of the Pipeline Development Permit the Applicant shall
provide the State Historic Preservation Officer (SHPO) final determination of
significance of the thirty-three (33) historic sites that occur within Garfield
County.
9. All vehicles working within Garfield County Rights -of -Way will be licensed and
registered in the State of Colorado. All vehicles hauling equipment and
materials for the pipeline construction will abide by Garfield County Road &
Bridge Departments oversize/overweight regulations.
10. Recommendations to minimize impact on historic sites contained in the
Western Archeological Services File Search and Inventory Report, dated
March 14, 2012, shall be considered conditions of approval. At minimum the
following measures shall be utilized with regard to potential historically
significant sites:
A. A blading monitor and Open Trench Inspection (OTI) shall occur for the
entire pipeline due to the number of known historic sites along the pipeline
route and in the general vicinity.
B. Site-specific mitigation measures shall include;
I. Site No. 5GF640, Historic Ranch on BLM and Private Land —A
barricade fence shall be installed in area of Feature 4 in addition to
blade monitoring and OTI;
II. 5GF642.11, Uintah Railroad on BLM and Private Land — Restrict
construction to existing disturbance, re -contour and revegetate;
III. 5GF740, Historic Water Pipeline on BLM and Private Land —
Recommendations pursuant to the White River Field Office of the BLM;
IV. 5GF1562, Historic Carbonera Townsite on Private Land — Restrict
construction to existing disturbance, re -contour and revegetate;
V. 5GF4653, Historic Irrigation Ditch on BLM and Private Land — Re -
contour and revegetation ditch;
VI. 5GF4660, Historic Irrigation Ditch on BLM — Restrict construction to
existing disturbance and fence ROW;
VII. 5GF4667, Historic Irrigation Ditch on Private Land - Re -contour and
revegetation ditch, possible bore under ditch;
VIII. 5GF4668, Historic Windella Water Tower on Private Land — Drop
northwest corner of the TUA;
IX. 50F4669, Historic Homestead and prehistoric lithic scatter on Private
Land — Restrict construction to existing disturbance and fence ROW;
X. 5GF4671, Historic Irrigation Ditch on BLM and Private Land — Re -
contour and revegetate ditch.
11. Recommended mitigation measures contained in the Biological Resources
and Sensitive Areas Report prepared by WestWater Engineering, dated
January 2012, shall be considered conditions of approval as itemized below:
A. If construction activities take place during future nesting season, a
subsequent raptor survey shall be required. Timing limitations for
construction activities should be applied to active raptor nests as outlined
in the BLM WRFO Resource Management Plan (BLM 1997) and the BLM
GJFO Resource Management Plan (BLM 1986).
B. Brush/tree clearing should occur after mid-to-late July to minimize impacts
to nesting sites.
C. Solid waste management practices to minimize potential human -black
bear interactions shall be implemented in the project.
D. Wildlife -friendly fencing shall be implemented in the project including a
maximum height of 42 -inches with 12 -inch spacing between the top two
wires will minimize conflict.
12.Applicant shall use Colorado Department of Agriculture certified weed -free
bales for any straw or hay bales used on the site.
13.Any equipment used in construction or operation of a pipeline shall comply
with the Colorado Oil and Gas Conservation Commission Rules and
Regulations, Section 802, Noise Abatement. Additionally, all power sources
used in pipeline operations shall have electric motors or muffled internal
combustion engines.
14.Once the construction of the pipeline is completed the Applicant shall provide
the County Geographic Information System (GIS) analyst with a digital
alignment of the pipeline in a format readable to the County.
15. In no case shall an operator engage in activities which impact Federal or
State threatened and endangered species.
16.Air contaminant emissions shall be in compliance with the applicable permit
and control provisions of the Colorado Air Quality Control Program, Title 25,
Resolution 7, C.R.S.
disturbed areas unless safety or visual concerns or other adverse surface
impacts clearly dictate otherwise
18. Should the pipeline be abandoned and removed, it shall be subject to the
original revegetation and weed management requirements in the application.
The Applicant has seven (7) calendar days to appeal the conditional approval of
the pipeline. Further, this information will be forwarded to the Board of County
Commissioners for a fourteen (14) day review period. If no request for appeal or
call-up is received within these timeframes the determination will be final and a
Land Use Change Permit can be issued upon compliance with conditions of
approval.
Feel free to contact myself or Kathy Eastley, the staff planner, if you have any
questions regarding this decision.
Sincerely,
411: Ab..
Nuir
Fred A. Jarman, A
Director of Building an• Planning
Attachment
Cc: BOCC
File