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HomeMy WebLinkAbout1.023 Notebook 2 - Part 4N 0 C r+ S Z 0 rt S ni CU 1/1 r* N 7-7 M y 'V -0 S 'O O rD O Q. -I X °1 • D S N • oto •oint4—Water sone in: are. 0 z t 0 Additional photos of water ponding area Photo point 5 — Southeast corner of the property t /- 0 0 z t D 0 0 c .-1- = +s trl r+ z 0 r+ m CI) V, r+ Photo point 6 — Irrigation tailwater drainage area. Photo point 7 — Cottonwood area in southern portion of property U-1 0 z 0 V) 0 c S aSeu!eap olu! Supej m SD cri 8 mod o;oyd VI 7-7 M D S"0 OP Q. CM X ms D S N 2010 P:\23511\133-23511-10003\GIS\SOILSEXHIBIT.MXD 0 (0 Legend Permit Boundary Almy loam, 1 to 12 percent slopes Empedrado loam, 2 to 6 percent slopes - Fluvaquents, 0 to 10 percent slopes TETRATECH www.tetratech.com LAFARGE WEST, INC. Project No.: 133-23511-10003 1900 S. Sunset Street, Ste. 1-F Longmont, Colorado 80501 PHONE: (303) 772-5282 FAX: (303) 772-7039 CERISE MINE SITE Date: AUG 03. 2010 Designed By: JJA Section 24 Map Unit Description: Almy loam, 1 to 12 percent slopes—Aspen-Gypsum Area, Cerise Mine Colorado, Parts of Eagle, Garfield, and Pitkin Counties Aspen -Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties 6—Almy loam, 1 to 12 percent slopes Map Unit Setting Elevation: 6,000 to 7,800 feet Mean annual precipitation: 12 to 14 inches Mean annual air temperature: 42 to 46 degrees F Frost -free period: 85 to 105 days Map Unit Composition Almy and similar soils: 80 percent Description of Almy Setting Landform: Alluvial fans, hills Landform position (two-dimensional): Footslope Down-slope shape: Linear Across -slope shape: Linear Parent material: Alluvium derived from calcareous sandstone and/or alluvium derived from calcareous shale Properties and qualities Slope: 1 to 12 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water capacity: Moderate (about 8.6 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability (nonirrigated): 4e Ecological site: Rolling Loam (R048AY298C0) Other vegetative classification: ROLLING LOAM (null 20) Typical profile 0 to 8 inches: Loam 8 to 26 inches: Fine sandy loam 26 to 60 inches: Sandy clay loam Data Source Information Soil Survey Area: Aspen -Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Survey Area Data: Version 5, Jun 9, 2008 US DA Natural Resources raja Conservation Service Web Soil Survey National Cooperative Soil Survey 3/12/2010 Page 1 of 1 Map Unit Description: Empedrado loam, 2 to 6 percent slopes—Aspen-Gypsum Cerise Mine Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Aspen -Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties 34—Empedrado loam, 2 to 6 percent slopes Map Unit Setting Elevation: 6,500 to 9,000 feet Mean annual precipitation: 15 to 18 inches Mean annual air temperature: 40 to 44 degrees F Frost -free period: 75 to 95 days Map Unit Composition Empedrado and similar soils: 80 percent Description of Empedrado Setting Landform: Fans, hills Landform position (two-dimensional): Backslope Landform position (three-dimensional): Side slope Down-slope shape: Linear Across -slope shape: Linear Parent material: Alluvium and/or eolian deposits Properties and qualities Slope: 2 to 6 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.60 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Available water capacity: High (about 11.3 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability (nonirrigated): 4e Ecological site: Deep Loam (R048AY292C0) Other vegetative classification: DEEP LOAM (null_11) Typical profile 0 to 5 inches: Loam 5 to 14 inches: Clay loam 14 to 40 inches: Clay loam USDA Natural Resources raja Conservation Service Web Soil Survey National Cooperative Soil Survey 3/12/2010 Page 1 of 2 Map Unit Description: Empedrado loam, 2 to 6 percent slopes—Aspen-Gypsum Cerise Mine Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties 40 to 60 inches: Clay loam Data Source Information Soil Survey Area: Aspen -Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Survey Area Data: Version 5, Jun 9, 2008 US DA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 3/12/2010 Page 2 of 2 Map Unit Description: Fluvaquents, 0 to 10 percent slopes—Aspen-Gypsum Cerise Mine Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Aspen -Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties 42—Fluvaquents, 0 to 10 percent slopes Map Unit Setting Elevation: 3,500 to 7,200 feet Mean annual precipitation: 14 to 18 inches Mean annual air temperature: 45 to 52 degrees F Frost -free period: 80 to 150 days Map Unit Composition Fluvaquents and similar soils: 90 percent Description of Fluvaquents Setting Landform: Flood plains, valley floors Down-slope shape: Concave Across -slope shape: Linear Parent material: Mixed alluvium Properties and qualities Slope: 0 to 10 percent Depth to restrictive feature: More than 80 inches Drainage class: Somewhat poorly drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 2.00 in/hr) Depth to water table: About 6 to 24 inches Frequency of flooding: Occasional Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Nonsaline to slightly saline (0.0 to 8.0 mmhos/cm) Available water capacity: Moderate (about 8.2 inches) Interpretive groups Land capability classification (irrigated): 6w Land capability (nonirrigated): 6w Ecological site: River Bottom (R048AY236C0) Other vegetative classification: riverbottom (null 19) Typical profile 0 to 10 inches: Variable 10 to 24 inches: Stratified gravelly sand to clay 24 to 60 inches: Very gravelly sand, gravelly sand Data Source Information Soil Survey Area: Aspen -Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Survey Area Data: Version 5, Jun 9, 2008 US DA Natural Resources raja Conservation Service Web Soil Survey National Cooperative Soil Survey 3/12/2010 Page 1 of 1 CERISE MINE RECLAMATION COSTS ITEM UNIT COST PER UNIT NUMBER OF UNITS TOTAL COST Direct Cost: Earthmoving and Revegetation 8' Rocky Mountain Juniper Each $ 250.00 36.0 $ 9,000.00 10' Rocky Mountain Juniper Each $ 350.00 23.0 $ 8,050.00 8' Pinon Pine Each $ 300.00 29.0 $ 8,700.00 10' Pinon Pine Each $ 400.00 24.0 $ 9,600.00 2.5" Narrowleaf Cottonwood Each $ 250.00 25.0 $ 6,250.00 3" Narrowleaf Cottonwood Each $ 450.00 16.0 $ 7,200.00 2.5" Quaking Aspen Each $ 250.00 5.0 $ 1,250.00 2.5" Quaking Aspen Each $ 250.00 8.0 $ 2,000.00 3" Quaking Aspen Each $ 450.00 4.0 $ 1,800.00 Native Seed Mix Acre $ 60.00 1.0 $ 60.00 Irrigated Pasture Mix Acre $ 60.00 64.5 $ 3,870.00 Drilling Grass Seed Acre $ 18.00 65.5 $ 1,179.00 Fertilizer -40#A N&P Acre $ 29.25 65.5 $ 1,915.88 Fertilizer Application Acre $ 12.50 65.5 $ 818.75 Top Soiling with Dozer/Loader (assumes 12" of soil over entire site) Cubic Yard $ 1.00 105,673.0 $ 105,673.00 Disking or Scarifying Acre $ 28.50 65.5 $ 1,866.75 Weed Control Acre $ 30.00 65.5 $ 1,965.00 Placement of reclamation fill Mobilization & Demobilization Cubic Yard $ 0.90 609,000 $ 548,100.00 Lump Sum $ 75,000.00 $ 75,000.00 Total Direct Reclamation Cost (D.R.C.) $ 794,298.38 ITEM PERCENT OF D.R.C. COST Indirect Cost: Overhead & Profit Public Liability Insurance 1.55% $ 12,311.62 Contractor Performance Bond 1.55% $ 12,311.62 Contractor Profit 10.00% $ 79,429.84 DRMS Project Administration Expense 5.00% $ 39,714.92 Total Indirect Reclamation Cost $ 143,768.01 TOTAL PERFORMANCE BOND AMOUNT $ 938,066.38 Per Acre Cost of Reclamation (for 65.5 acres) $ 14,321.62 P:\23511\133-23511-10003\Deliverables\DRMS\Application Package\Exhibit L\Exhibit L Rec Cost Estimate.xls 8/9/2010 (AFARG E AGGREGATES & CONCRETE November 19, 2010 Garfield County — Building & Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Attn: Molly Orkild-Larson Re: Explanation of No Discharge at the Lafarge Cerise Pit Dear Ms. Orkild-Larson, Lafarge is writing to notify Garfield County of the proposed stormwater permit coverage at the Cerise Pit. The operations on site will include aggregate mining with the possibility of a ready mix concrete plant and a temporary portable asphalt plant. Water will be designated for operational use within the aggregate wash plant, ready mix plant, truck wash down area and dust suppression. The majority of the water used within the aggregate wash plant will be recycled back through the same plant. Any water not recycled through the plant will be diverted to a silt pond where it will be collected and recycled as needed on site. Any excess water from the ready mix plant operation will also be diverted to the silt pond and recycled as needed. Dust suppression will be conducted in such a way that runoff will not be generated. Additionally, the mining operations will not expose groundwater at any time throughout the life of the mine. Lafarge will be designing the site to keep all process water on site as described above. It is because of this site design and reasoning that a Colorado Department of Public Health & Environment Discharge Permit (COG -500000) is not needed. Should you have any questions or concerns regarding this submittal please do not hesitate to contact me at your earliest convenience by phone at 303-657-4466 or by e-mail at Walter.Wright@Lafarge-na.com. Thank you. Sincerely, wok W4t Walt Wright Manager of Environment & Public Affairs LAFARGE West, INC. — Aggregate & Concrete 10170 Church Ranch Way, Suite 200, Westminster, Colorado 80021 Telephone: (303) 657-4000 Facsimile: (303) 657-4339 STATE OF COLORADO Bill Ritter, Jr., Governor Martha E. Rudolph, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 TDD Line (303) 691-7700 Located in Glendale, Colorado http://www.cdphe.state.co.us November 5, 2010 Todd Ohlheiser, VP Aggregates Lafarge West Inc 10170 Church Ranch Way Ste 200 Westminster, CO 80021 Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 692-3090 Colorado Department of Public Health and Environment RE: Certification, Colorado Discharge Permit System Permit No., COR340000, Certification Number: COR341592 Dear Mr./Ms. Ohlheiser; The Water Quality Control Division (the Division) has reviewed the application submitted for the Cerise Sand & Gravel Pit Property and determined that it qualifies for coverage under the CDPS General Permit for Stormwater Discharges Associated with Sand & Gravel Mining and Processing (the permit). Enclosed please find a copy of the permit certification, which was issued under the Colorado Water Quality Control Act. Facility: Cerise Sand & Gravel Pit Property Garfield County Industrial Activities: Sand & Gravel mining and processing. Potential for ready SIC Code 1442 mix concrete paint and portable asphalt batch plant. Legal Contact (receives all legal documentation pertaining to the permit certification): Todd Ohlheiser, VP Aggregates Lafarge West Inc 10170 Church Ranch Way Ste 200 Westminster, CO 80021 Facility Contact (contacted for general inquiries regarding the facility): Dan Knox, West Slope Plant Mgr Billing Contact (receives the invoice pertaining to the permit certification): Walt Wright Env Mgr Lafarge West Inc 10170 Church Ranch Way Ste 200 Westminster, CO 80021 Any changes to the contacts listed above must be provided to the Division on a Change of Contact form. This form is available on the Division's website at coloradowaterpermits.com. The first Annual Report for this permit certification is due February 15, 2011. The Annual Fee for this certification is $75.00 is invoiced every July. Do Not Pay This Now. The initial invoice will be sent to the legal contact shortly. Please read the enclosed permit and certification. If you have any questions please contact Kathy Rosow, Environmental Protection Specialist, at (303) 692-3521. Sincerely, Phone number: 303-657-4000 Email: todd.ohlheiser@lafarge-na.com Phone number: 970-215-4329 Email: daniel.knox@lafarge-na.com Phone number: 303-657-4466 Email: walter.wright@lafarge-na.com Debbie Jessop, Program Assistant WATER QUALITY CONTROL DIVISION Enclosures: Certification page; General Permit; Highlight Sheet; Annual Report Form xc: Regional Council of Government Garfield County, Local County Health Department D.E., Technical Services Unit, WQCD Permit File /dkj cert STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WATER QUALITY CONTROL DIVISION TELEPHONE: (303) 692-3500 CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COR -3400000 STORMWATER ASSOCIATED WITH SAND & GRAVEL MINING & PROCESSING Certification Number: COR341592 This Certification to Discharge specifically authorizes: Lafarge West Inc to discharge stormwater from the facility identified as Cerise Sand & Gravel Pit Property to: Crystal Creek - Roaring Fork River Facility Located at: 86 CR 104, Carbondale, Garfield County, CO 81623 Latitude 39.414, Longitude -107.186 Certification is effective: 11/5/2010 Certification Expires: 9/30/2012 This certification under the permit requires that specific actions be performed at designated times. The certification holder is legally obligated to comply with all terms and conditions of the permit. Signed, 1j'- Gary Beers, Unit Manager Water Quality Control Division Page 1 of 22 Permit No.. COR -340000 Page 2 of 23 CDPS GENERAL PERMIT STORMWATER DISCHARGES ASSOCIATED WITH SAND AND GRAVEL MINING AND PROCESSING (AND OTHER NONMETALLIC MINERALS EXCEPT FUEL) AUTHORIZATION TO DISCI -LARGE UNDER THE COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seqCRS, 1973 as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the "Act"), this permit authorizes the discharge of stormwater associated with operations engaged in mining and processing of sand and gravel (including rock and stone used as aggregate), and mining and quarrying of other nonmetallic minerals except fuels, certified under this permit, from those locations specified throughout the State of Colorado to specified waters of the State Such discharges shall be in accordance with the conditions of this permit. This permit specifically authorizes the facility listed on page I of this permit to discharge stormwater associated with operations engaged in mining and processing of sand and gravel (including rock and stone used as aggregate), and mining and quarrying of other nonmetallic minerals except fuels, as of this date, in accordance with the permit requirements and conditions set forth in Parts 1 and II hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit.. Any party may demand an adjudicatory hearing within thirty (30) days of the issuance of this general permit determination, per the Colorado Discharge Permit System Regulations, Regulation No. 61 (5 CCR 1002-61)„ Should the applicant choose to contest any of the effluent limitations, monitoring requirements or other conditions contained herein, the applicant must comply with Section 24-4-104 CRS and the Colorado Discharge Permit System Regulations. Failure to contest any such effluent limitation, monitoring requirement, or other condition, constitutes consent to the condition by the Applicant, However, an adjudicatory hearing may not be requested for a certification issued pursuant to this permit. This permit and the authorization to discharge shall expire at midnight, September 30, 2012.. Issued and Signed this 31ST day of August 2007 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Janet S. Kieler Permits Section Manager Water Quality Control Division SIGNED AND ISSUED AUGUST 31, 2007 EFFECTIVE OCTOBER 1, 2007 .•••••blImmlau TABLE OF CONTENTS PART 1 A COVERAGE. UNDER TNIS PERMIT 5 1 . Industries Covered 5 a. Stormwater .. .. .. ..... .. 5 b. Stormwater vs, Process water 5 2. Dredge and Fill Operations 5 3. Application Requirements 5 4 Application Due Dates ... .. . 5 Certification Procedures . 6 a. Request for Additional Information . 6 b Automatic Coverage 6 c. Individual Permit Required.. ......... 6 d. General vs. Individual Permit Coverage, .6 6. Permit Expiration Date .. .. .. .6 7 Inactivation of Certification .7 B EFFLUENT LIMITATIONS AND CONDITIONS.... 7 1. General Limitations.. 7 2. Stormwater Management Plan (SWMP) 7 a Site Map 8 b. Description of Potential Pollutant Sources/Material Inventory ._.... . 8 c. Stormwater Quality Controls _.....,.,.. .. 8 3 BMP Implementation and Design Standards 9 4 Consistency with Other Plans . ....... 1 d 5 Facility Inspections .... IO 6.. SWMP Availability 11 7 SWMP Administrative Requirements....:... .11 a SWMP Preparation and Implementation . 1 1 b. SWMP Retention . 1 I c SWMP Review/Changes 11 8. Prohibition of Non-storrnwater Discharges .. 12 9. Employee Education .. .12 10 Total Maximum Daily Load (TMDL.) ... 12 MONITORING AND REPORTING . 12 1 Monitoring ... ......... 12 2. Reporting of Data - Annual Report .................................................................................................13 3. Reporting to Municipality .. .... 13 4 Releases in Excess of Reportable Quantities 13 5 Record Keeping and Internal, Reporting Procedures 13 a SWMP_. _........ .. 1.3 b Sampling 6. Signatory Requirements....,..., ,, 14 D TERMINATION OF PERMIT COVERAGE .14 I Termination Criteria . .... 14 a. Reclamation Permit Release 14 b Termination in the Absence of'CDRMS Permit ............... ,. 15 2. Request for Termination 15 E. DEFINITIONS 15 -3- PART I1 A, MANAGEMENT REQUIREMENTS ... .16 1. Change in Discharge , . .. 16 2.. Special Notifications - Definitions 16 3. Noncompliance Notification , 16 4.. Submission of Incorrect of Incomplete Information ...... 17 5 Bypass ... ....... 17 6. Bypass Notification , ., 17 7. Upsets.. , . 18 8. Removed Substances . 18 9. Minimization of Adverse Impact .18 10.Discharge Point ..,... 18 11..Reduction, Loss, or Failure of Stormwater Controls. 18 12. Proper Operation and Maintenance . 19 B. RESPONSIBILITIES ... 19 1.. Inspections and Right to Entry . .. ... 19 2. Duty to Provide Information „ „ .,...... 19 3, Transfer of Ownership or Control.... ....... 19 4. Availability of Reports 5. Modification, Suspension, or Revocation of Permits By the Division ..... , 20 6. Legal Responsibilities ..............................................................................................................22 7. Permit Violations ..........._... „ .... .,11 8. Severability 9 Renewal Application 22 10. Conf identiality.. . .............. 1 1.Fees ... 12.Requiring an Individual CDPS Permit....... Z3 -4- PART A. COVERAGE UNDER T1 -IIS PERMIT Industries Covered Page 5 Permit No COR -340000 Under this general permit, the following types of facilities may be granted authorization to discharge sto€rnwater runoff into waters of the state of Colorado: Facilities engaged in the mining and processing of sand and gravel (including rock or stone used as aggregate, and recycling of concrete and asphalt), and mining and quarrying of other nonmetallic minerals (except fuels or graphite), as described by the Standard Industrial Classification (SIC) Code 14, and asphalt and concrete batch plants located at these facilities a. Stormwater: This permit is intended to cover stormwater runoff from those portions oi` a nonmetallic minerals production operation that are not subject to effluent limitations under 40 CFR 436. For the purposes of this permit, stormwater discharges authorized under this permit include stormwater runoff from: 1) Roads and railroad lines; 2) Pond outslopes; 3) Inactive loadouts; 4) stockpiles of overburden, raw material, intermediate products, byproducts, finished products or waste products; 5) Sites used for storage and maintenance of material handling equipment; and 6) Other sources not covered under the list of process waters in Part I..A.1.b, below. b. Stormwater vs. Process water: When stormwater mixes with process water, any discharge of the resulting mixed water to state waters must be authorized by a separate CDPS discharge permit. For purposes of this permit, discharge of process -generated wastewaters are not authorized by this permit, including: 1) Product wash waters; 2) Maintenance/equipment wash waters; 3) Transport waters; 4) Scrubber waters (crushers or classifiers); 5) Mine dewatering (groundwater and/or runoff); 6) Other process water as determined by the permit issuing authority; 7) Stormwater runoff from mine or processing areas; and 8) Stonnwater runoff, which mixes with process generated wastewater before sampling. Dredge and Fill Qperations 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. 3 Application Requirements In order to be considered eligible for authorization to discharge carder the terms and conditions of this permit, the owner, operator, and/or authorized agent of any facility desiring to discharge must submit, by letter or hand delivery, the original discharge application form, available from the Water Quality Control Division (the "Division"), which generally requires the following information: a. Name and address of the applicant; b. Site address and location; c. Facility contact person, and telephone number, and email address (if available); PART I Permit - Page 6 of -23 Permit No. COR -340000 A. COVERAGE UNDER THIS PERMIT (cont ) d, Standard Industrial Classification (SIC) code(s); e. List of any other environmental per/nits currently held by the facility; f. Activities which take place at the site; g. Receiving waters; and h. Certification as to the completion of a SWMP. 4. Application Due Dates At least thirty days before the anticipated date of discharge, the owner (or operator if the owner does not operate the facility) of'the facility shall submit an application as piovided by the Division. One original copy of the completed discharge application fore shall be submitted, by certified mail or hand delivery, to: Colorado Department of Public Health and Environment Water Quality Control Division WQCD-P-132 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Certification Procedures If the general permit is applicable to the applicant's operation, a certification will be developed and the applicant will be certified under this general permit a. Request for Additional Information: 'The Division shall have up to thirty days after receipt of the above information to request additional data and/or deny the authorization for any particular discharge. Upon receipt of additional information, the Division shall have an additional thirty days to issue or deny authorization for the particular discharge.. (Notification of denial shall be by letter, in cases where coverage under an alternate general permit or an individual permit is required, instead of coverage under this general permit.) Automatic Coverage: lithe applicant does not receive a request for additional information or a notification of denial from the Division dated within thirty days of the receipt of the application by the Division, authorization to discharge in accordance with the conditions of this permit shall be deemed granted. c. individual Permit Required: If, after evaluation of the application (or additional information, such as the SWMP), it is found that this general permit is not applicable to the operation, then the application will be processed as one for an individual permit or a more appropriate general permit. The applicant will be notified of the Division's decision to deny certification under this general permit. For an individual permit, additional information may be requested, and 180 days will be required to process the application and issue the permit. Temporary coverage under this general permit may be allowed until the individual permit goes into effect. d. General vs. Individual Permit Coverage: Any owner or operator authorized by this permit may request to be excluded from the coverage of this permit by applying for an individual CDPS permit. The owner or operator shall submit an individual application to the Division, with reasons supporting the request, to the Division at least 180 days priorto any discharge, Permit Expiration Date Authorization to discharge under this general permit shall commence on October 1, 2007, and shall expire on September 30, 2012. The Division must evaluate and reissue this general permit once every five years, and must recertify the applicant's authority to discharge under the general permit at such time. Any permittee desiring continued coverage under the general permit must reapply by June 30, 2012. The Division will initiate the renewal process; PART 1 Permit - Page 7 of 23 Permit No. COR -340000 COVERAGE UNDER THIS PERMIT (cont ) however, it is ultimately the permittee's responsibility to ensure that the renewal is submitted. The Division will determine if the applicant may continue to operate under the terms of the general permit. An individual permit may be required for any facility not reauthorized t0 discharge under the reissued general permit. For facilities wishing to terminate authorization under the new permit, provisions of Part I1 B.5.d will be applicable. 7. Inactivation of Certification The permittee may request inactivation of their certification under this permit, once the site has been fully released from their reclamation bond requirements by the Colorado Division of Reclamation, Mining and Safety (CDRMS). See Part: 1.D of the pennit. B. EFFLUENT LIMITATIONS AND CONDITIONS General Limitations a. Stormwater discharges from the industrial activity shall not cause, have the reasonable potential to cause, or measurably contribute to an exceedance of any water quality standard, including narrative standards for water quality. b. There shall be no discharge of sanitary wastewaters from toilets, septic tanks, portable toilets facilities, or related facilities. c. No chemicals are to be added to the discharge unless the Division grants permission for the use of a specific chemical. In granting the use of such chemicals, additional limitations and monitoring requirements may be Unposed.. d. Bulk storage structures for petroleum products and other chemicals shall have secondary containment or equivalent adequate protection so as to contain all spills and prevent any spilled material from entering discharged waters or waters of the State. e. All waters shall be discharged in a manner to prevent erosion, scouring, or damage to stream banks, streambeds, or ditches. All dischargers must comply with the lawful requirements of counties; drainage districts and other state or local agencies regarding any discharges of stormwater to storm drain systems or other watercourses under their jurisdiction. Stormwater Management Plan (SWMP) A Stormwater Management Plan (SWMP) shall be developed for each facility covered by this section (Part 1.B.2), The SWMP shall be prepared in accordance with good engineering, hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.) The plan shall identify potential sources of pollution (including sediment), which may reasonably be expected to affect the quality of stormwater discharges associated with the mining activity. In addition, the plan shall describe the practices to be used to reduce the pollutants in stormwater discharges associated with mining activity at the facility; and ensure the practices are selected and described in accordance with good engineering practices, including the installation, implementation and maintenance requirements. Also, the plan shall be properly prepared, and updated in accordance with Part I B.7,c, to ensure compliance with the terms and conditions of this permit. Facilities must implement the provisions of the SWMP as written and updated, horn commencement of site activity until final reclamation is complete, as a condition of this permit. The Division reserves the right to review the SWMP, and to require the permittee to develop and implement additional measures to prevent and control pollution as needed. PART I Permit - Page 8 of 23 Permit No. COR -340000 B. EFFLUENT LIMITATIONS AND CONDITIONS (cont ) The permittee must implement the provisions of SWMP required under this part as a condition of this permit. For any sites under this permit that had permit coverage under permit COG -500000 before September. 30, 2007, the permittee's SMWP must meet the new SWMP requirements as summarized in Section 11 of the rationale. Any needed changes must be made by March 1, 2008. The SWMP shall include the following items, at a minimum: a. Site 1\Iap: The plan shall provide a site map or maps, which indicate at a minimum: Mining site boundaries; - Access and haul roads; Stormwater outfalls and an outline of the drainage area of each stormwater outfall; - An estimate of the direction of flow; - Each existing structural control measure to reduce pollutants in stormwater runoff; - Non-structural 13MPs, as applicable; - Springs, streams, wetlands and other surface waters; - Mine drainage or any other process water; - Dedicated asphalt or concrete batch plants; - Areas used for recycling of asphalt or concrete - All areas of soil disturbance; - The location and description of all potential stormwater pollution sources, including, but not limited to, the following: - Materials handling areas; - Vehicle fueling areas; - Fertilizer. or chemical storage areas; - Areas used for storage or disposal of overburden, materials, soils or wastes; and - Areas used for mineral milling and processing. Description of Potential Pollutant Sources/Material Inventory: The SWMP shall identify potential sources of pollutants (activities and materials) at the site, and assess the potential of these sources to contribute pollutants to stormwater discharges associated with mining activities. The SWMP must also describe appropriate Best Management Practices (BM.Ps) to reduce the potential of these identified sources to contribute pollutants to stormwater discharges. At a minimum, each of the following shall be evaluated for the reasonable potential for contributing pollutants to runoff: Loading and unloading operations; Outdoor storage of chemicals or equipment; - Crushing facilities or significant dust and particulate generating activities; - On site waste disposal practices; - Stockpiles of overburden, raw material, intermediate products, byproducts, finished products or waste products; - Dedicated asphalt or concrete batch plants; - Areas used for recycling of asphalt or concrete - Routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc.; - I-Iaul roads; and - Disturbed areas. In each case where stormwater pollution potential exists, appropriate preventive measures must be taken and documented. c.. Stormwater Quality Controls: Each site covered by this permit shall develop a description of stormwater quality controls appropriate for that site, and implement such controls. The appropriateness and priorities of PART 1 Permit - Page 9 of 23 Permit No COR -340000 13 EFFLUENT L IMITATIONS AND CONDITIONS (cont) controls in the plan shall reflect identified potential sources of pollutants at the site. The SWMP shall clearly describe the installation and implementation specifications for each BMP identified in the SWMP to ensure proper implementation, operation and maintenance of the BMP. The description of stormwater quality controls shall address the following minimum components, including a schedule for implementing such controls: 1) SWMP Administrator: The SWMP shall identify a specific individual(s), position or title within the training organization who is responsible for developing, implementing, maintaining, and revising the SWMP. The activities and responsibilities of the administrator shall address all aspects of the facility's SWMP. 2) Materials Handling and Spill Prevention: Areas or procedures where potential spills can occur must have spill prevention and response procedures identified in the SWMP The SWMP shall clearly describe and locate all practices implemented at the site to minimize impacts from procedures or significant materials (see definitions at Part 1.E.) that could contribute pollutants to runoff. Such procedures or significant materials could include exposed storage of fuels, other chemicals, or waste material; and equipment maintenance areas. 3) Erosion and Sediment Controls: Describe the BMPs that will be used to reduce erosion and prevent sediment delivery to State waters These should include structural (such as silt fences, sediment ponds, drop structures, check dams) and non-structural (such as mulching and revegetation) practices. 4) Other Pollution Prevention Measures: The plan shall identify any other structural and non-structural measures for stormwater quality control on-site. 5) Preventive Maintenance: A preventive maintenance program is required, and shall involve inspection and maintenance of stormwater management devices (maintenance of dikes separating thine drainage from stormwater, cleaning oil/water separators and catch basins, etc.) as well as inspecting and testing of equipment and systems to prevent conditions that could cause breakdowns or failures resulting in discharges of pollutants to surface waters. These periodic inspections are different from the comprehensive site evaluation (see Part 1.3 5), although the former may be incorporated into the latter. Equipment, area, or other inspections are typically visual and are normally conducted on a regular basis (e..g , daily inspections of loading areas). 6) Good Housekeeping: The SWMP shall identify good housekeeping procedures that will be followed by the mining operation. Good housekeeping requires the maintenance of a clean, orderly facility. This part of the SWMP shall address cleaning and maintenance schedules, trash collection and disposal and collection practices, grounds maintenance, etc. 7) Identification of Discharges other than Storrnwater: The stormwater conveyance system on the site shall be evaluated for the presence of discharges other than stormwater, such as imine drainage, spoil springs, sanitary waste, or process water of any kind. The SWMP shall include a description of the results of any evaluation for the presence of discharges other than stormwater, the method used, the date of the evaluation, and the on-site drainage points that were directly observed during the evaluation A number of discharges other than stormwater may not require a CDPS Industrial Wastewater Discharge permit and are considered Allowable Non-Stormwater Discharges Any of these discharge that exist at the site must be identified in the SWMP.. See Part I.B.8 of the permit for the list of such allowable discharges 3. BMP lm lementation acrd Design Standards Facilities must select, install, implement, and maintain appropriate BMPs, following good engineering, hydrologic and pollution control practices. BMPs implemented at the site must be adequately designed to provide control for all potential pollutant sources associated with industrial activity to prevent pollution or degradation of State waters. PART 1 Permit - Page 10 of 23 Permit No. COR -340000 B. EFFLUENT LIMITATIONS AND CONDITIONS (cont_) 4 Consistency with Other Plans SWMPs may reflect requirements for Spill Prevention Control and Countermeasure (SPCC) plans under section 311 of the CWA, or Best Management Practices (BMPs) Programs otherwise required by a CDPS permit, and may incorporate any part of such plans into the SWMP by reference. The SWMP may rely upon information developed for other similar pollution control programs, including any required by the Colorado Division of Reclamation, Mining, And Safety (CDRMS). Appropriate portions of'these other plans may be incorporated in the SWMP by reference, as long as the reference materials are maintained on site, and a complete SWMP can be reproduced and submitted to the requesting agency. The SWMP must also be readily available to an on-site inspector 5. Facility Inspections In addition to the inspections necessary to comply with the preventive maintenance program requirements in Pari I.B?.c.5, qualified personnel identified by the permittee shall make a comprehensive inspection of their stormwater management system, at least twice per year, except as provided in paragraphs d, e and f, below. The inspections must be conducted in approximately the spring and fall; if this is not possible, the inspections must be conducted at least 120 days apart 'These comprehensive inspections must be documented and summarized in the Annual Report (see Part I C 2 of the permit) a. Material handling areas, disturbed areas, areas used for material storage that are exposed to precipitation, and other potential sources of pollution identified in the SWMP in accordance with Part I,B.2.b of this permit shall be inspected for evidence of, or the potential for, pollutants entering the drainage system. Structural stormwater managernent measures, sediment and control measures, and other structural pollution prevention measures identified in the plan shall be observed to ensure that they are operating correctly. A visual inspection of equipment needed to implement the plan, such as spill response equipment, shall be made. b. Any repairs or maintenance needs identified by the inspection shall be completed immediately. Based on the results of the inspection, if revisions to the description of the potential pollutant sources and the pollution prevention and control measures identified in the SWMP are needed, the plan shall be revised as appropriate, as soon as practicable after such inspection Revised control measures shall be implemented before the next anticipated storm, but in no case more than 60 calendar days after the inspection, unless otherwise provided by the Division, and in compliance with the requirements of Part 1.13 7 c 2. c. A report summarizing the scope of the inspection, personnel making the inspection, the date(s) of the inspection, significant observations relating to the implementation of the SWMP, and actions taken in accordance with paragraph (b), above, shall be made and retained as part of the SWMP for at least three years after the date of inspection. Significant observations include such things as the locations of discharges of pollutants from the site; locations of previously unidentified sources of pollutants; locations of BMPs needing maintenance or repair; locations of failed BMPs that need replacement; and locations where additional BMPs are needed. The report must also document any incidents of noncompliance observed. This record shall be made available to the Division upon request and summarized in the Annual Report. Where semi-annual site inspections are shown in the plan to be impractical for sites where an employee is not stationed or does not routinely visit the site, inspections as required in this part shall be conducted at appropriate intervals specified in the plan, but never less than once in two years. e inactive Sites: Where semi-annual site inspections are shown in the plan to be impractical for inactive sites (sites where industrial activity is no longer conducted), site inspections required by this part shall be conducted at appropriate intervals specified in the plan, but, in no case less than once in three years. At lease one site inspection required under this part shall be conducted before October 1, 2011 or the date two years after such site becomes inactive, whichever is earlier. PART 1 Permit - Page 11 of 23 Permit No. COR -.340000 B. EFFLUENT LIMITATIONS AND CONDITIONS (cont.) f. Reclamation Operations: For sites undergoing reclamation and where all mining activity has ceased, qualified personnel identified by the operator permittee shall make a thorough inspection of their stormwater management system, at least once per year (in the field season). Where annual site inspections are shown in the plan to be impracticable, because an employee is not stationed at or does not routinely visit the site, inspections as required in this part shall be conducted at appropriate intervals specified in the plan, but never less than once in two years 6 SWMP Availability Upon request, the permittee shall submit a copy oldie SWMP to the Division, the CDRMS and/or EPA, and any local agency approving sediment and erosion plans or stormwater management plans, within the time frames specified in the request If the SWMP is required to be submitted to any of these entities, it must include a signed certification in accordance with Part 1,C.6 of the permit, certifying that the SWMP is complete and meets all permit requirements. All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b) of the CWA. The owner or operator of a facility with stormwater discharges covered by this permit shall make plans available to members of the public upon request.. However, the permittee may claim any portion of a SWMP as confidential in accordance with 40 CFR part 2. 7. SWMP Administrative Requirements a. SWMP Preparation and Implementation: The SWMP shall be prepared prior to applying for coverage under the general permit, and certification of completion submitted with the application. The SWMP shall be implemented when the facility begins operation, or when the general permit certification is issued, whichever is later, and updated as appropriate (see section c , below). b SWMP Retention: For active mining operations and sites undergoing reclamation, the plan shall be retained on site unless another location, specified by the permittee, is approved by the Division. For inactive raining operations, the plan shall be retained by the permittee. c. SWMP Review/Changes: 1) Division Review: The Division reserves the right to request and review the SWMP, and to require additional measures to prevent and control pollution, as needed. Upon review of the SWMP, the Division may notify the permittee at any time that the plan does not meet one or more of the minimum requirements ()Idris permit. After such notification, the permittee shall make changes to the plan and shall submit to the Division an update to the plan including the requested changes. Unless otherwise provided by the Division, the permittee shall have 30 days after such notification to both make the necessary changes to the plan and to implement them, 2) Permittee Review/Chance: The permittee shall amend the plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to the waters of the State, or if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with mining activity, If existing BMPs need to be modified or if additional BMPs are necessary, the plan changes and implementation should be completed before the next anticipated storm, but in no case more than 60 days after: the change in design, construction, operation, or maintenance, or; when the SWMP has been determined to be ineffective. Amendments to the plan shall be summarized in the Annual Report. It is the peraiittee's responsibility to notify the CDRMS of any significant changes at their site resulting from the implementation of the SWMP.. PART I Permit - Page 12 of 23 Permit No. COR -340000 EFFLUENT LIMITATIONS AND CONDITIONS (cont.) 8 Prohibition of Non-Stormwater ° Discharges a, Except as provided in paragraph b, below, all discharges authorized by this permit shall be composed entirely of stormwater.. Discharges of material other than stormwater must be addressed in a separate CDPS permit issued for that discharge b. Discharges from the following sources that are combined with stonnwater discharges associated with mining activity may be authorized by this permit, provided that the non-stormwater component of the discharge is identified in the SWMP (see Part 1.B 2 c.7 of the permit): emergency fire fighting activities, uncontaminated compressor condensate, irrigation drainage, lawn watering, air conditioner condensate, uncontaminated seeps and springs, and foundation or footing drains where [lows are not contaminated. 9 Employee Education The permittee shall develop and implement employee education programs to infirm personnel at all levels of responsibility of the components and goals of the SWMP. Education shall address topics such as spill response, good housekeeping, and material management practices. The permittee shall identify periodic dates for such instruction. Contractor or temporary personnel shall be informed of mine operations and control features in order to prevent stormwater pollution from occurring, 10 el otal Maximum Daily Load (TMDL) If a TMDL has been approved for any waterbody into which the permittee discharges, and it has been determined that the types of stormwater discharges covered under this permit are or have the potential to be identified as a significant source of the pollutant in question, the permittee will be notified by the Division, The permittee will be required to do the following: a under the permittee's SWMP, implement specific management practices based on requirements of the TMDL, and evaluate whether the requirements are being met through implementation of existing stonnwater BMPs or if additional BMPs are necessary. Document the calculations or other evidence that show that the requirements, including any specific pollutant wasteload allocations (WLAs), are expected to be met; and b if the evaluation shows that additional or modified BMPs are necessary, describe the type and schedule for the BMP additions/revisions. A description of the SWMP changes shall be included with the next Annual Report, or if requested by the Division, whichever is sooner. Stormwater discharge monitoring may also be required_ The permittee may maintain coverage under the general permit provided they comply with the applicable requirements outlined above. The Division reserves the right to require individual or alternate general permit coverage. MONITORING AND REPORTING Monitoring Sampling and testing ofstorrnwater for specific parameters under Part I B is not required on a routine basis tinder this permit. However, the Division reserves the right to require sampling and testing beyond this, on a case-by-case basis, at any facility covered by this permit, in the event that there is reason to suspect noncompliance with the SWMP , or to measure the effectiveness of the BMPs in removing pollutants in the effluent. If monitoring is required, the following definitions apply: a. The thirty (30) day average shall be determined by the arithmetic mean of all samples collected during a thirty (30) consecutive day period. b. A grab sample, for monitoring requirements, is a single "dip and take" sample. PART 1 Permit - Page 13 of 2.3 Permit No. COR -340000 C MONITORING AND REPORTING (cont,) ReyJortin2 of Data- A"Dual Report The permittee will be required to submit an Annual Report, coveting :January 1 through December .31 of each year, on the overall compliance with the SWMP.. The annual report will contain, at a minimum: a. Name of permittee, address, phone number, and permit certification number. b. A report on the facility's overall compliance with the SWMP. c. A summary of each comprehensive stonnwater facility inspection made, including date, findings, and action taken. If the inspection frequency that is less than twice per year, in accordance with the allowable reduced inspection frequencies in Part 1..B5 of this permit, the Annual Report must indicate the reason. d. Results and interpretation of any stormwater monitoring performed. e.. The report shall be signed and certified for accuracy by the permittee, including the certification language contained in Part 1 C.6..e of the permit. The Annual Report will be due to the Division on or before February 15 of the following year.. The exact due date for the permittee's first annual report will be listed in their perrnit certification. The Division reserves the right to require additional information in the report, on a case-by-case basis, as needed. All reports required for submittal shall be signed and certified for accuracy by the permittee (see Part I.C,6). A signed copy of the above report forms shall be submitted to the following address: Colorado Department of Public Health and Environment WQCD-P-137 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 3 Reporting to Municipality Any permitted facility discharging to a municipal storm sewer shall provide the municipality with a copy of the permit application, upon request. A copy of the SWMP shall also be provided to the municipality upon request. 4. Releases in Excess of Reportable Quantities This permit does not relieve the permittee of the reporting requirements of 40 CFR 1 1 0, 40 CFR 117 or 40 CFR 302. Any discharge of hazardous material must be handled in accordance with the Division's Notification Requirements (see Part 11.A.3 of the permit). Record Kee ' in and Internal Re i ortin J Procedures a. SWMP: The permittee shall retain a copy of the SWMP required by this permit for the duration of this permit. Incidents such as spills or other discharges, along with other information describing the quality and quantity of stormwater discharges, shall be included in the records. Inspections and maintenance activities shall be documented and recorded. (This does not relieve the permittee of the responsibility of reporting spills as required under section 25-8-601(2) of the Colorado Water Quality Control Act.) The permittee shall retain such records for a minimum of three (3) years from the date generated. All reports required by the permit and/or the Division, and any relevant correspondence, shall be retained for a minimum of five (5) years from the date generated.. PART 1 Permit - Page 14 of 23 Permit No COR -340000 MONITORING AND REPORTING (cont,) b. Sampling: If sampling is performed, the permittee shall establish and maintain sampling records. Those records shall include the following: 1) The date, type, exact location, and time of sampling or measurements; 2) The individual(s) who performed the sampling or measurements; 3) The date(s) the analyses were performed; 4) The individual(s) who performed the analyses; 5) The analytical techniques or methods used; 6) The results of such analyses; and 7) Any other observations, which may result in, an impact on the quality or quantity of the discharge as indicated in 40 CFR 122.44 (i)(1)(iii). The permittee shall retain for a minimum of three (3) years records of all monitoring information, including all original strip chart recordings for continuous monitoring 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 coverage under 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 or Regional Administrator of EPA. Signatory Requirements a. All reports and applications submitted to the Division andior EPA shall be signed and certified for accuracy by the permittee in accordance with the following criteria: 1) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation oldie facility from which the discharge described in the form originates; 2) In the case of a partnership, by a general partner; 3) In the case of a sole pr'oprretorsh€p, by the proprietor: 4) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee, if such employee is responsible for the overall operation of the facility flora which the discharge described in the permit originates. Changes to authorization Ilan authorization under paragraph a) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph a) of this section must be submitted to the .Division, prior to or together with any reports, information, or applications to be signed by an authorized representative, c. Certification. Any person signing a document under paragraph a) of this section shall make the following certification: "1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry oldie person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of'my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." TERMINATION OF PERMIT' COVERAGE Termination Criteria a Reclamation Permit Release: When a site has been reclaimed in accordance with the Colorado Division of Reclamation, Mining, And Safety (CDRMS) requirements and the site has been released from State reclamation requirements, the permittee may request stonnwater permit termination PART 1 Permit - Page 15 of 23 Permit No COR -340000 TERMINATION OF PERMIT COVERAGE (cont.) b Termination in the Absence of CDRMS Permit: For facilities without CDRMS permits, certification under this permit may be terminated once the following criteria have been met for the entire mine site, including any on-site disposal areas: I) all raw materials, intermediate products, byproducts, finished products and waste products have been removed or permanently isolated from stormwater; 2) all soil disturbing activities at the site have been completed; .3) the site has been stabilized (with little evidence of soil erosion or other runoff problem); and 4) vegetation has been established with an average cover or density, over. the previously disturbed area, of a minimum of 40 percent vegetative cover over the area, or 70 percent of the vegetative cover of a similar undisturbed site, whichever is higher (vegetative cover or density determinations need not be determined scientifically by extensive measurement and statistical analyses; simple representative transects are adequate.); or equivalent permanent physical erosion reduction methods have been employed. The Division may, after consultation with the permittee and upon good cause being shown, revise the vegetative cover requirements on a case-by-case basis. Request for Termination When a site has been reclaimed in accordance with the CDRMS requirements and the site has been released fiom State reclamation requirements, or the above Termination Criteria have been met, the permittee may request certification termination The Division will consider termination of permit coverage when: a. The permittee has submitted a completed Inactivation Forrn as provided by the Division which summarizes the work accomplished; b. In the case of termination in absence of a CDRMS permit (Part I.D..I.b, above), the permittee has submitted photographic documentation of the post reclamation conditions at the mine site; c. All stormwater discharges to state waters associated with mining activities have ceased and the permittee has demonstrated to the Division the termination criteria have been met or the CDRMS performance bond has been released; d The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such termination; and e. Fee requirements of Section 61.15 of State Discharge Permit System Regulations have been met. Continued coverage may be required after reclamation has been completed if -the Division has shown or has reason to suspect that the stormwater discharges may contribute to a violation of a water quality standard E DEFINITIONS Best Management Practices (BMPs): schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment requirements, operating procedures, pollution prevention, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from material storage. Day: For purposes of this permit, all deadline references.to "day" refer to a calendar day. Dedicated asphalt plants and concrete plants: portable asphalt plants and concrete plants that are located at a mining site and that provide materials only to that specific site.. PART I Permit - Page 16 of 23 Permit No. COR -340000 DEFINITIONS (cont.) 4 Mine Dewatering: any water that is impounded or that collects in the mine and is pumped, drained or otherwise removed from the mine. See 40 CFR 436.21. 5 Pollutant: dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal or agricultural waste 6. Significant Materials include, but are not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of C:ERCLA; any chemical the facility is required to report pursuant to section 313 of title 111 of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharge. 7 Stormwater: precipitation -induced surface noff. Water Quality Control Division or Division: the State Water Quality Control Division, as established in the Colorado Water Qualify Control Act, 25-8-101 PART If A. MANAGEMENT REQUIREMENTS Change in Discl>arge The permittee shall inform the Division (Permits Section) of any intent to construct, install, or alter any process, facility, or activity that is likely to result in a new or altered discharge that is not composed entirely of stormwater and/or allowable non-stormwater discharges identified in Part 1,13,8, Division notification is also required if the permittee significantly changes the industrial activities at the site such that the industrial activities are no longer consistent with the activity description and/or SIC Code(s) originally identified in the permit application, The permittee shall furnish the Division any plans and specifications which the Division deems reasonably necessary to evaluate the effect on the discharge and receiving stream. If applicable, this notification may be accomplished through submittal of an application for a CDPS process water permit authorizing the discharge. The SWMP shall be updated and implemented prior to the changes, and a summary of the changes submitted to the Division with the following Annual Report. Also see Part I.0 2.. Any discharge to the waters of the State from a point source other than specifically authorized by this permit or a different CDPS permit is prohibited. 2 Special Notifications - Definitions a, Spill: An unintentional release ol'solid or liquid material, which may cause pollution of state waters. Upset: An exceptional incident in which there is unintentional and temporary 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 preventative maintenance, or careless or improper opetation. 3. Noncompliance Notification a.. The pennittee shall report the following instances of noncompliance: 1) Any noncompliance which may endanger health or the environment; A MANAGEMENT REQUIREME.N. cont.) 2) Any spill or discharge of -hazardous substances or oil which may cause pollution of the waters of -the state. 3) Any discharge of stormwater which may cause an exeeedance of a water quality standard b.. For all instances of noncompliance based on environmental hazards and chemical spills and releases, all needed information must be provided orally to the Colorado Department of Public Health and Environment spill reporting line (24-hour number for environmental hazards and chemical spills and releases: 1-877-518-5608) within 24 hours from the time the permittee becomes aware of the circumstances. For all other instances of noncompliance as defined in this section, all needed information must be provided orally to the Water Quality Control Division within 24 hours from the time the permittee becomes aware of the circumstances. For all instances of noncompliance identified here, a written submission shall also be provided within 5 calendar days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of: 1) The noncompliance and its cause; 2) The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; 3) Steps taken or planned to reduce. eliminate, and prevent reoccurrence ofthe noncompliance Submission of Incorrect or Incomplete In'ormation Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or report to the Division, or relevant new information becomes available, the permittee shall promptly submit the relevant application information which was not submitted or any additional information needed to correct any erroneous information previously submitted. Bypass The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but if and only if it is for essential maintenance to assure efficient operation. These bypasses ate not subject to the provisions noted in item b. below.. Division notification is not required. Bypass is prohibited, and the Division may take enforcement action against a permittee for bypass, unless: a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; b.. 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 permittee could have installed adequate backup equipment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and c. The permittee submitted notices as required in "Bypass Notification," Part I1.A.6. 6. Bypass Notification If the permittee knows in advance of the need for a bypass, a notice shall be submitted, at least ten days before the date of the bypass, to the Division and the Environmental Protection Agency (EPA). The bypass shall be subject to Division approval and limitations imposed by the Division and EPA. A MANAGEMENT REQUIREMEN (cont) 7 Upsets a. Effect of an Upset: An upset constitutes an affirmative defense to an action brought for noncompliance with 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.) 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; and 2) -The permitted facility was at the time being properly operated and maintained; and 3) The permittee submitted notice of the upset as required in Part II A..3. of this pen -nit (24-hour notice); and 4) The permittee complied with any remedial measures required under Section I2?. 7(d) of the federal regulations; and The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit, which has a reasonable likelihood of adversely affecting human health or the environment 6) In addition to the demonstration required above, a permittee who wishes to establish the affirmative defense of upset for a violation of effluent limitations based on water quality standards shall also demonstrate through monitoring, modeling, or other methods that the relevant standards were achieved in the receiving water. c. Burden of Proof: In any enforcement proceeding.. the permittee seeking to establish the occurrence of an upset has the burden of proof Removed Substances Solids, sludges, or other- pollutants removed in the course of treatment or control of discharges shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State.. Minimization of Adverse impact The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any terms and conditions specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge 10 Discharge Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. I 1. Reduction Loss or Failure of Stormwater Controls The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit requirements. Upon reduction, loss, or failure of any stormwater controls, the permittee shall, to the extent necessary to maintain compliance with its permit, control production, or remove all pollutant sources from exposure to stormwater, or both, until the stormwater controls are restored or an alternative method of treatment/control is provided.. A. MANAGEMENTREQUIREMEN) ,cont.) It shall not be a defense for a permittee in an enforcement action tEiat it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 17 Prover Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.. 13 RESPONSIBILITIES Inspections and Rhtltt to Entry The permittee shall allow access to the Director of the Division. the EPA Regional Administrator, and/or their authorized representative(s), upon the presentation of credentials. In the making of such inspections, investigations, and determinations, the Division, in so far as practicable, may designate as its authorized representatives any qualified personnel of the Department of Agriculture. The Division may also request assistance from any other state or local agency or institution, The Division, EPA, and/or their authorized representative(s), must be allowed: a. To enter upon the pennittee's premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of this permit; b At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and c. To enter upon the pennittee's premises to investigate, within reason, any actual, suspected, or potential source of water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing permittee staff on alleged violations and other matters related to the permit, and access to any and all facilities or areas within the permittee's premises that may have any effect on the discharge, permit, or any alleged violation. Such entry is also authorized for the purpose of inspecting and coping records required to be kept concerning any effluent source.. The Division shall split any sample taken with the permittee if requested to do so by the permittee Duty to Provide Information The permittee shall furnish to the Division, within the time frame specified by the Division, any information, which the Division may request to determine whether cause exists for modifying, revoking and reissuing, or terminating coverage under this permit, or to determine compliance with this permit. The permittee shall also furnish to the Division, upon request, copies of records required to be kept by this permit 3. Transfer of Ownership or Control Certification under this permit may be transferred to a new permittee a. The current permittee notifies the Division in writing .30 days in advance of the proposed transfer date; and 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 RESPONSIBILITIES (cont) c The Division does not notify the existing permittee and the proposed new permittee of its intent to modify, or revoke and reissue the permit; and The current permittee has met all fee requirements of the State Discharge Permit System Regulations, Section 61.15.. 4 Availability of Reports Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Regulations for the State Discharge Permit System 61,5 (4), all reports prepared and submitted in accordance with the terms of this permit shall be available for public inspection at the offices of the State Water Quality Control Division and the Environmental Protection Agency, 5. Modic'"rcation, Suspension, or Revocation of Permits BY the Division All permit modification, termination or revocation and reissuance actions shall be subject to the requirements of the State Discharge Permit System Regulations, Sections 61.5 (2), 61..5 (3), 61,7, 61.8(8) and 61 15, 5 C.C.R. 1002-61, except for minor modifications. As per Section 61.8(8)(e) of the regulation, 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 a facility including addition, deactivation or relocation of discharge points where the Division determines that no other change in the permit is necessary. a. This permit, and/or certification under this permit, may be modified, suspended, or revoked in whole or in part during its tern for reasons determined by the Division including but not limited to, the following: 1) Violation of any terms or conditions of the permit; 2) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment of terms or conditions of the permit; 3) Materially false or inaccurate statements or information in the application for the permit; 4) A determination that the permitted activity endangers human health or the classified or existing uses of State Waters and can only be regulated to acceptable levels by permit modifications or tennination.. This permit, and/or certification under this permit, may be modified in whole or in part due to a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as: 1) There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit; 2) The Division has received new information, which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods), and which would have justified the application of different permit conditions at the time of issuance. For permits issued to new sources or new dischargers, this cause includes information derived from effluent testing required under Section 61.4 (7)(e) of the Regulations for the State Discharge Permit System. This provision allows a modification of the permit to include conditions that are less stringent than the existing petmit only to the extent allowed under Section 61.10 of the Regulations for the State Discharge Permit System; 3) The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued, as per Section 61.8(8)(b)(iii)(A)-(D).. B RESPONSIBILITIES (cont ) 4) The Division determines that good cause exists to modify a permit condition because of events over which the permittee has no control and for which there is no reasonable available remedy; 5) Where the Division has completed, and EPA approved, a total maximum daily Load (TMDL) which includes a wasteload allocation for the discharges(s) authorized under the permit; 6) The permittee has received a variance; 7) When required to incorporate applicable toxic effluent limitation or standards adopted pursuant to Section .307(a) of the Federal act; 8) When required by the reopener conditions in the permit; 9) When the level of discharge of any pollutant which is not limited in the permit, exceeds the level that can be achieved by the technology-based treatment requirements appropriate to the permittee under Section 61.8(2)(a) of the Regulations for the State Discharge Permit System; 10) To establish a pollutant notification level required in Section 61.8(5) of the Regulations for the State Discharge Pe nit System; To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in determining perrnit conditions, to the extent allowed in Section 61.10 of the Regulations for the State Discharge Permit System, or; 12) For any other cause provided in Section 61.10 of the Regulations for the State Discharge Permit System. c. This permit, or certification under this permit, may be modified in whole or in part to include new effluent limitations and other appropriate perrnit conditions where data submitted pursuant to Part 1.0 or other available information indicates that such effluent limitations and permit conditions are necessary to ensure compliance with applicable water quality standards and protection of classified uses. At the request of the permittee, the Division may modify or teninate certification under this permit if the following conditions are met: I) In the case of termination, the permittee notifies the Division of its intent to terminate the operation 90 days before the desired date of termination; 2) In the case of termination, the permittee has ceased all discharges to state waters and demonstrates to the Division there is no probability of further uncontrolled discharge(s), which may affect waters of the State. Alternatively, the certification may be terminated if the site has been fully released from the reclamation board requirements by the Colorado Division of Reclamation, Mining and Safety (CDRMS). 3) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modification, amendment or termination; and 4) Fee requirements of Section 61.15 of State Discharge Permit System Regulations have been net.. c. Permit modification (except for minor modifications), termination or revocation and reissuance actions shall be subject to the requirements of Sections 61.5(2), 61.5(3), 61.6, 61.7 and 61.15 of the Regulations for the State Discharge Permit System. The Division shall act on a permit modification request, other than minor modifications requests, within 180 days of receipt thereof. Except for minor modifications, the terms of the existing permit govern and are enforceable until the newly issued permit is formally modified or revoked and reissued following public notice. B RESPONSIBILITIES (cont.) f When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term. g.. The filing of a request by the permittee for a permit modification, revocation and reissuance or termination does not stay any perrnit condition. 6_ I,,e2al Responsibilities The issuance of this permit does not convey any property or water rights in either teal or personal property, or stream flows, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of'personal rights, nor any infringement of Federal, State or local laws or regulations. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under Section 311 (Oil and Hazardous Substance Liability) of the Clean Water Act. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority granted by Section 510 of the Clean Water Act 7. Permit Violations Failure to comply with any terms and/or conditions of this permit shall be a violation of is permit. 8. Severability The provisions of this permit are severable. If any provisions of this permit, or the application of any provision of this permit to any circumstance, are held invalid, the application of such provision to other circumstances and the application of the remainder of this permit shall not be affected. Renewal Application lithe permittee desires to continue to discharge, a permit renewal application shall be submitted at least ninety (90) days before the permit expires. If the permittee anticipates there will be no discharge after the expiration date of this permit, the Division should be promptly notified so that it can terminate the certification in accordance with Part II B.5. 10. Confidentiality Any information relating to any secret process, method of manufacture or production, or sales or marketing data which has been declared confidential by the permittee, and which may be acquired, ascertained, or discovered, whether in any sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the Cornmission or the Division, but shall be kept confidential. Any person seeking to invoke the protection of this Subsection shall bear the burden of proving its applicability, This section shall never be interpreted as preventing full disclosure of effluent data. 11 Fees The permittee is required to submit payment of an annual fee as set forth in the Colorado Water Quality Control Act, Section 25-8-502, and State Discharge Permit Regulations 5CCR 1002-61, 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. seqC,R.S. 1973 as amended. B RESPONSIBILITIES (cont,) 12, Requiring an Individual CDPS Permit The Director may require any owner or operator covered under this permit to apply for and obtain an individual or alternate general CDPS permit if: a The discharger does not comply with the conditions of this general permit; b. Conditions or standards have changed so that the discharge no longer qualifies for a general permit; or c Data/information become available which indicate water quality standards may be violated. The owner or operator must be notified in writing that an application for an individual or alternate general CDPS permit is required. When an individual or alternate general CDPS permit is issued to an owner or operator otherwise covered under this General Permit, the applicability of the general permit to that owner or operator is automatically terminated upon the effective date of the individual or alternate CDPS permit, RATIONALE ST'ORMWATER DISCHARGES ASSOCIATED WITH SAND AND GRAVEL PRODUCTION OPERATIONS (AND OTHER NONMETALLIC MINERALS EXCEPT FUEL) GENERAL PERMIT IN COLORADO COLORADO DISCHARGE PERMIT NUMBER COR -340000 NEW PERMIT CONTENTS PAGE 1 INTRODUCTION — NEI V.PERMIT 1 II CHANGES IN GENERAL PERMIT 1 111. STORA'RVATER PROGRAM 3 COVERAGE UNDER THIS PERMIT 3 J'. APPLICAT1ONAND CERTIFICATION 4 1-'1 TERMS AND CONDITIONS OF PERMIT 4 f'II. CHANGES AFTER PUBLIC NOTICE 6 1 INTRODUCTION — NEW PERMIT This is a new stortrrwatei' discharge general permit- It incorporates the slot inwater provisions front the Division's Sand and Gravel Alining and Processing (and Other Nonmetallic Minerals Except Fuel) General Permit (COG -.500000). That permit covers both process water and slorvnwater discharges Permit COG -500000 will be renewed separately and will addresses additional pollutants of concern, such as selenium Due to the expected complexity of the renewed permit, the Dh'isiorl determined that .sand and gravel operations that only discharge slormwater could be covered under a separate stormwater-only discharge permit. A11 existing sto,mwater-only dischargers covered under the COG -300000 permit_ who have reapplied, will he automatically transferred to coverage under this nein permit (CUR -340000), and will be assigned a 17ei1' permit certification number This permit is fbr the regulation of stormwater discharges associated with sand and gravel mining operations (The permit also coveys other nonmetallic minerals except fire!; all references to sand and gravel ii'ill include the outer minerals, unless specifically exempted Dedicated asphalt and concrete batch plants and recycling areas at these facilities may also be covered) This rationale will explain the activities and discharges that are covered under this permit, how to apply for coverage under the permit: and the requirements Of the permit The forms discussed in the rationale and permit are available on the Water Qualitj' Control Division's website at. ww1v,c-dphe.state.co.us/wa/Permits(htit II. CHANGES IN THIS' GENERAL PERMIT This permit incorporates the stormwater provisions from the Division's Sancl and Gravel Mining and Processing (and Other. Nonmetallic Minerals Except Fuel) General Permit (COG -50000()). However, there have been several notable changes from the COG -.500000 permit, which have been incorporated into this permit. Significant changes are listed below. Numerous. other minor changes, including revisions to the order of sections, were made far clarification purposes only A. Permit Coveraze New Permit: As discussed above, this is a new permit, although it incorporates most of the provisions from the Division's existing Sand and Gravel General Permit. Only discharges of storrnwater are covered. Concrete and Asphalt Recycling>: The list of facility types that are covered by the permit has been expanded to include the recycling of concrete and asphalt (when done consistent with the activity descriptions for Standard Industrial Classification (SIC) Code 14). This type of activity has been routinely covered udder 1111.5 permit; the additional language fbrurtalizes this practice B- Application Requirements The permit application requirements have changed slightly, including the addition of an email address, if available See Part I.A.3. ISSUED AUGUST 31. 2007 EFFECTIVE OCTOBER 1, 2007 EXPIRATION DATE SEPTEMBER 30, 2012 PART I1 Permit - Page 25 oI23 Permit No. COR -340000 II CHANGES IN THIS GENERAL. PERMIT (cont ) C General Limitations Several additions and clarifications were made to this :section. - 1 Bulk Storage: Genet al requirements scar bull; storage structures fbr petroleum products and other chemicals were clarified to state that secondary containment or equivalent adequate prosection is required 2 Erosion Prevention: A statement was added cIa i/i'ing that call stormwater shall be discharged in a planner to prevent e1'051017, Scorning. Or damage to str'ecnn banks, slreambeds, or Aches D Stormuater Management Plan (SiJ'MP) The SII'MP Contents .section has been modified. Some of the changes are Limited lo organization of information, which does not require modification r}f an existing permitlee's current S!-VAIP. A'fost of the SWMP changes involve either clarifications, re/ormaltinSg, or adopting requirements from the Division's other stormwatergeneral permits (e g., BMP installation specifications) For e.ri.sling permittees (i.e. , those with permit coverage under permit COG -500000 before September 30, 2007), their SAINT must be amended to include the new required items. For existing permittees, any SWAJP changes based on the change in permit requirements must he completed by March 1, 2008. The plan is not to be submitted to the Division unless reque-sted, but must be available on site as outlined in Part 1 B.7 b of the permit. 1 Site Map: The list of items needed for' the Site Map has been elpanded, in order to adequately' chat acterize the site A list of items caul factors has been added to the section on idemi/ving potential stornrwatel pollutants, in order to clarifi1 the Division's intent in this area This requirement may necessitate changes to existing permittees' SW111Ps. Description of Potential Pollutant Sources: The requirement to idemi/i' Potential Pollutant Sources has been expanded t0 include more details for the evaluation of such VOW ces This evaluation allows for the appropriate selection of BMPs /Or implementation at 0 facility or site This requirement may necessitate changes to existing perinittees'SWVMPs. 3. SlornnvaterManagement Controls: This section has been modified to require that the SWMP provide installation and implementation specifications for each BMP identified in the SI'I'A'IP For Structural BMPs, in most cases, this must include a technical drawing to provide adequate installation specifications. See Part I B.2. c of the permit. Sections have also been added requiring that preventive maintenance and good housekeeping measures be included in the SWN1P Preventive maintenance is critical to ensuring the success of the BAfIPs at a site. Good housekeeping measures are a Co177111017 sense means of increasing compliance with the permit. This requirement may necessitate changes to existing permittees' S11'i1Ps. E Stornnvater Discharges - BMP Implementation and DesiQn Standard& Part 1 B.3 of the permit reiterates the requirement that facilities select, install, implement, and maintain appropriate BMPs, following good engineering, hydrologic' and pollution control practices. This part also requires that BMPs must be adequately, designed to prevent pollution or degradation of State waters. Additional language was also added to Section VI. C of the rationale discussing these BMP requirements and further clarifi'ing the expectations fhr conlphance with this permit. F Consistency with Other Plans .1.section has been added clan ifiring that other documents, .such as an SPCC, can be used to meet some of the SI-I'MP requirements, provided that the other documents ore readily available and the SMWP includes appropriate cross references G Inspections A section has been added explaining the inspection requirements. for sites undergoing reclamation. PART I1 Permit - Page 26 of 23 Permit No COR -3=10000 11 CHANGES IN THIS GENERAL PERMIT (cont ) tl Employee Training The Employee Training section has been expanded 10 cover contr'ac'tor and temporary personnel, in keeping 1t ith other tornns'alet- permits 1 Total Maximum Daily Load (TAME) A section on TAIDI s has been added This section give.s a general outline of the additional requirements that uncut' he imposed by the Division 1/ the facility discharges to a waterbody Jar which a storinsrater-related TMDL is in place. See Section VI A of the rationale and Petit 113 10 o/ the permit 1. Record Keeping The Record Keeping section (Part 1 C.5) was amended to glair!/!'requirements for inspection reports generated during an inspection conducted in accordance with Part 1.8..5 of the permit Inspection reports must be signed by the inspector. or the individual verifi'ing the corrective action indicated in the inspection report, on behalf of the permittee.. Inspection reports are not apically required to be submitted to the Division, and tlrerefbre, are not required to be signed and certified for accuracy in accordance with Part I.C.h o/ the permit. However, any inspection reports that are submitted to the Division must follow the signatory requirements contained in that .section. A Permit Termination Criteria A .section has been added providing details on the criteria, fire terminating permit coverage Sites that are covered hr a bond under the Colorado Division of Reclamation. Alining, And Safety, or CDRMS will need to prove that bond release has occurred before permit coverage can be terminated Sites that are not under a CDRMS bond must provide additional information before the permit can be terminated 111 SIORA'flWATER PROGRAA/1 As required under the Clean Water Act amendments of 1987, the Environmental Protection Agency (EPA) has established a framework for regulating municipal and industrial stotnnvater discharges This framework is under the National Pollutant Discharge Elimination System (NPDES) program. (Note: The Colorado program is t'elerred to as the Colorado Discharge Permit System, or CDPS, instead of NPDES.) The Water Duality Control Division ("the Division') has slortmvater regulations (5CCR 1002-61) in place. These regulations require specific types of industrial facilities that discharge stormwaler associated with industrial activity (industrial stormwater), to obtain a CDPS permit for such discharge The regulations specifically include sand and gravel mining activities as industrial facilities. Facilities that discharge industrial stoi mwaler either directly to surface waters of indirectly, through municipal separate storm sewers, must be covered by a permit. IIS COVERAGE UNDER THIS PERMIT — INDUSTRIAL CATEGORIES A. Types of facilities Covered The types of facilities covered by this permit include all mining and quarrying of nonmetallic minerals, except fitels This is the description of Standard Industrial Classification (SIC) Code 14. Also, storniwater" from dedicated asphalt and concrete batch planes and recycling activities located at sand and gravel operations is covered by this permit, due to their similarity to the covered mines in pollution potential, and the,irinnclion as an adjunct to the Mille operations_ (The definition of asphalt and concrete batch plants can include the use of recycled asphalt or concrete.) The categories include: SIC Code Industry Type SIC Code Industry Type 141 Dimension stone 142 Crushed and broken stone 144 Sand and gravel 145 Clay, ceramic, and refractory minerals 147 Chemical and fertilizer mineral mining 2951 Asphalt batch plants 148 Nonmetallic minerals services, except fuels (overburden removal, strip minim;, etc.) 149 Miscellaneous nonmetallic minerals, except fitels (asbestos, gems, fill dirt pits, graphite, gypsum, peat, pumice, talc, etc.) 3273 Concrete batch plants PART 11 Permit - Page 27 of 2.3 Permit No COR -340000 IV COI>ER4GE UNDER THIS PE•Rli11T-- INDUSTRIA1. CATEGORIES (cont ) B Types of Facilities NOT Covered This permit does not cover discharges front the following sources 1) Product wash waters: 2) Maintenance/equipment 11'a.s11 waters. i) Transport haters; 4) Scrubber waters (crushers or classifiers): .5) Mine dewatering (groundwater and/or runoff), 6) Other process n'aler as determined by the permit issuing authority,. 7) Storllrlt'ater'rlrnoff front aline orprocessing areas, and 8) Stornnlvafer runoff whic11 mixes 11'1117 process generated wastewater before sampling The permit is not intended to cover discharges that have the potential 10 be contaminated with selenium This includes slornnvaler that Goitres in contact with milling or waste materials that Include _shale deposits known to be a .source of selenium contamination Selenium can also occur in groundwater. As indicated above. if storniwater mixes with groundwater and is discharged, it must be covered by an alternate CDPS permit (for sul'aCe water discharges) or be regulated by CDRMS (for groundwater discharges). V. A PPL.ICA TION AND CER TIFI CA TION .41 least thirty clays prior to the comnielrcenrent of mining activities, the owner or operator of the site shall .submit an original completed application, including a signed certification that the SWAP is complete Original.signatmTes are required for the application to he considered complete 11 coverage under this general permit is appropriate, then a certification will be developed and the applicant will be certified under this general permit. 1'1 TERMS .AND CONDITIONS OF PERMIT A Total Maximum Daily Loads (TAIDLs) If the designated use of a strearn or water body has been unpaired by the presence of a pollutant(s), development of a Total Maximum Daily Load (TMDL) may be required. fI TA/DL is an estimate of allowable loading 117 the lt'aterbody for the pollutant in question, Types of discharges that are or have the potential to be a S ign c an I source of the pollutant erre Also identified !fa TAIDL has been approved for any waterbody into which the permittee disc/iarges, and stornlwaler discharges associated with industrial activity have been assigned a pollutant -.specific Wasleload Allocation (TWLA) !alder the TMDL, the Division 11'ill noir f*' the permittee of the TMDL, and either amend the permittee's certification to add .specific BAIPs and/or other requirements, a5 appropriate. or write an individual p010111 to regulate discharges from this facility See Part IB. 1 0 of the permit for f111"t11er lnforrrlall017 B Stornnraler Management Plan (STUMP) The stormwater regulations for this industry primarily appy to areas not covered by 40 CFR Part 4.36 They require permittees to develop and implement a Storrnwater Management Plan (SWAMP) to protect the quality of:stormwater leaving the site The plan .shall identifi' potential sources of pollution (including sediment) which inti!' reasonably be expected to affect the quality of stormwalei discharges associated with mining activity In addition, the plan .shall describe the hest management practices (BAIPs) which will be used to reduce the pollutants in .storrnivater discharges from the alining site. Facilities must implement the provisions of the SIVAIP required under this part as a condition of this permit. 11 is the perlliittee5 responsibility to noiif j' the CDRAIS of any significant changes at then .site resulting from the implementation of the SI'I'AIP This is 50 that the CDRMS they review the SWAIP and incorporate ally potential revisions 11110 the facililv's reclamation permit which might be needed The SFVAIP..shall include the following ifelns, at a nlininuull 1 Site Map ?. Description of Potential Pollutant Sources/MaterialInventory PART 11 Permit - Page 28 of 23 Permit No. COR -340000 VI.. TERMS AND CONDITIONS OF PERMIT (cont.) Stormwater Orrcrlity Controls a) SWMP Administrator b) Materials hancliirg and spill prevention c) Erosion and sediment controls c1) Other pollution prevention nlea.sure.s e) Preventive maintenance 1) Good housekeeping g) Identification of discharges other than stor inwater C Practice -Based Effluent Limitations and B/iP,s The permit does not impose numeric effluent /units or require submission of effluent monitoring data for sioJ inu'ater discharges covered under this permit. The permit instead imposes practice -based effluent limitations for storrmwater discharges through the requirement to develop and implement a SJVMP. The permit conditions for the SIVAIP include the requirement for dischargers to select, implement and maintain Best Management. Practices (BAIN) at a permitted site that adequately minimize pollutants in the discharges to assure compliance with the terms and conditions 01 the permit. Part 1 B.2.c of the permit includes requirements firs basic design standards fol BA'IP.s implemented at the site Facilities must select, install, implement, and maintain appropriate BtlPs, following good engineering hydrologic and pollution control practices. BMP.s implemented at the site must he adequately designed to control all potential pollutant .sources associated with mining activity to prevent pollution or degradation of State twaters. Pollution is defined in CDPS regulations (5CCR 1002-61) as man-made orlon -induced, or natural alteration of the physical, chemical, biological, and radiological integrity of water. Utilizing industry -accepted standards for BIiIP selection that are appropriate /br the conditions curd pollutant sources present, will typically be adequate to meet these criteria However, site -.Specific design, including ongoing assessment of BMPs and pollutant sources, is necessary In ensure that BIi1Ps operate as intended The permit further requires that storlmyaler discharges from industrial activities shall not cause, have the reasonable potential to cause, or measurably contribute 10 an excuision above any water quality standard, inc'luchng narrative standards for' water quality This condition is the basis fir' all CDPS Discharge permits, and addresses the need to ensure that waters of the State maintain adequate water" quality, in accordance with water quality standards, to Continue to meet their designated uses. 11 is believed that, in most cases, B1LIPs can be adequate 10 meet applicable water quality standards If It ate,. quality impacts are noted, of the Division otherwise deter iniltes that additional permit requirements are necessary, they are typically imposed as follows. 1) at the renewal 01 this general permit or through a general permit specific to an industrial sector (if the issue is sector -based): 2) through direction from the Division based 011 the implementation of a TA4DL (if the issue is watershed - based), or 3) if the issue is site-specific, through a revision to the certification from the Division based on an inspection or SWMP review, or through an individual permit D Other- Requirements. 1. Facility Inspections: The permittee will he required to snake a thorough inspection 01 their- .stormwcater management _system, at least ht'ice per year (in the spring and Jall). (See Part I.B.5 of the permit fin alternate schecltiles) These inspections must be documented and summarized in the .Annual Report to the Division ?, Employee Education: The permittee shall develop and implement employee education programs to irlforin personnel at all levels of responsibility of the components and goals of the SWMP 3. Annual Report: As outlined under Part 1 C.2 of the permit, an Annual Report must he submitted to the Division, covering January 1 through December 31, on the overall compliance with the SWMP. The Stormwater Annual Report will be due to the Division 011 01.- befnre February 15 of the following year. The exact clue date for the permittee's first Annual Report will be listed in their permit certification All reports is required for submittal shall be signed and certified for accuracy by the permittee (See Part I C 6 of the permit) Kathryn Dolan Jtrly 25. 2007 PART II Permit - Page 29 of 23 Permit No COR -340000 Jill CHANGES AFTER PUBLIC NOTICE Written comments were received from the Colorado Rock Products Association during the public notice period Response t0 these comments is discussed below fJ Comment. The permit requires that existing permittee -s update their SJVifPs. if necessary, to i17c'a7 porate additional requirements for the site map, description of potential pollutant sources, and s1o1mwafe1 management Controls The deadline for this update is February 1, 2008 It was requested that pe1171111ee% be allowed additional time to complete the update, as some entities hove numerous sites (See Pari 1.13(2) of the permit ) Response: The SWAP change -s are not extensive, and are not expected to require .substantial time to complete. However. the deadline was evended 10 March 1, 2008. B Comment. The permit requires that, far'inost sites. inspections of the facility's slormwatei-management system is required twice a year, in the spring and fall. 11 was requested that the permit not specific an exact tiro el ame for these inspections. (See Part 1. 13(5) of the permit ) Response.- The :spring and fall tinmefi-antes were included so as to avoid haying the two required inspections conducted too close together The permit has been changed to state that the twice yearly inspections are required apps oxhnwell, in spring and fall If this is notpo.ssible. the inspections must be conducted at least 120 days apart Note that at least two inspections must .5011 be conducted within each calendar year, and reported on the following Annual Report. Comment The permit requires that a copy of the SWA'IP be retained an .site, for active mines, and mines undergoing reclamation It was requested that, for sites undergoing reclamation, the SWAMP be retained by the permittee, but not necessarily on site. (See Parti B(7)(b) of the permit) Response. The t eason for maintaining the St1'IWP 00 -site is to ensure that the plan is readily accessible to those who are working on the site (such as BMP installation and maintenance skiff), as well as to state and local inspectors. This is the default requirement, and is expected to be feasible of the vast majority of sites The permit has been changed to allow for" 111e SWMP to be retained at another location, provided that it is approved 17y the Division The allowance far an alternate location is intended far Specific circumstances, 10 take into account operations that clo not have a suitable on -:site location where the S1b1IVP may be maintained. D Comment.- The per'nlit states that the Division has the authority to require continued permit coverage, even if the site has been reclaimed if the Division has shown or has reason to .suspect that the stormwater discharges may contribute to a violation of a water' qualify standard It was. requested that the Division include C1 rationale fol, this provision. (See Part 1.D(2) of the permit.) Response. This provision. part Of Regulation 61, Colorado Discharge Permit Regulations, .section 61.3(7)(e)(vii), is standard in all stormit'aler discharge permits. It gives the Division the discretion 10 require permit coverage whenever water quality standards may be feopaldi=ed, regardless of the source. No changes were oracle to the permit F Comment. The permit authorizes access t0 the site b,v the Division, EPA. and/or their authorizedrepresentative(s). Concerns were raised regarding safety, liability, and insurance issues, if inspectors access the site without nolifyrnglnining personnel, or access the site without the required training or escort (See Part 11. B(1) of the permit ) Response. Although the Division understands the concerns included in the comment, the comment addresses Division and EPA procedures and iS therefore outside of the scope of the per mit. No changes were made 10 the permit. Kathryn Dolan August 27, 21)07 Cerise Pit SPCC Plan EAFARG E AGGREGATES & CONCRETE Note: Plan will be updated and certified by a Professional Engineer once the Cerise site is approved and site characteristics are finalized. The plan can not be certified by a Professional Engineer until the site is approved and all equipment is in place as a site inspection is needed for the certification. SPILL PREVENTION, CONTROL AND COUNTERMEASURE (SPCC) PLAN LAFARGE Cerise Pit 86 County Rd. 104 Carbondale, CO 81623 Original Date of Facility's Plan: 10/6/2010 Date of Last Plan Amendment / P.E. Certification: Will be PE Certified once finalized Date of Last Plan Review: 10/29/2010 Designated person responsible for spill prevention: Daniel Knox, Plant Manager EMERGENCY TELEPHONE NUMBERS: (Immediate emergency, use Lafarge Crisis Management Plan and dial 911) Notification Contacts: 1. Daniel Knox, Plant Manager 2. Jay Evans, Operations Manager 3. Walt Wright, Environmental Manager Government Agencies: • Carbondale Fire Department • State of Colorado Dept. of Public Health & Environment • National Response Center • Garfield County LEPC (Further spill response items on page 2) 970-215-4329 303-618-6719 303-657-4466 (911) 1-877-518-5608 (toll-free) 1-800-424-8802 970-945-8020 1 Cerise Pit SPCC Plan Reportable Quantities: Any spill or overfill of petroleum products to the environment is reportable to the Lafarge Environmental Division if: • Quantities are unknown, and/or • The release is equal to or greater than 25 gallons, unless you can conclusively show the release was less than the reportable quantity, and/or • The release, in any amount, reaches or threatens to reach surface water, groundwater, dry gullies, or storm sewers, and/or • The release is a hazardous substance that exceeds 1 gallon, and/or • The release is less than 25 gallons, but cannot be cleaned -up within 24 hours. In the event of a spill of petroleum products: DO: • Enact Lafarge Crisis Management Plan, if appropriate • Shut off supply, stop leak (if possible) • Shut off ignition sources • Contain spill and/or dike ahead of spill • Call your supervisor and/or Lafarge Environmental Technical Services • Protect adjacent people, property, surface waters, and equipment from contact with spill • Follow MSDS for clean-up guidance • If the need arises, evacuate the spill area DO NOT: • Do not smoke • Do not risk personal injury • Do not wash down spill with water • Do not try to hide spill Should a major release occur, use Lafarge Crisis Management Plan and have the following information available (See Attachment D): • Your name and phone number: • Date and time: • Site name, phone number, and address: • Description of release: o Material discharged o Estimate quantity discharged o Cause and source of discharge o Affected media o Any damages or injuries • Emergency response actions taken: o Actions to stop, remove, or mitigate discharge o Names of individuals and organizations contacted • Person responsible for spill prevention: 2 Cerise Pit SPCC Plan TABLE OF CONTENTS P.E. Certification and Management Approval 4 Certification of the Applicability of the Substantial Harm Criteria Checklist 5 Five -Year Review Plan Summary 5 Location of Plan Statement 6 Spill Experience / History 6 Introduction 6 Facility Information 7 General Description 8 Fixed and Mobile Storage List 8 General Requirements (40 CFR 112.7) 8 Potential Equipment Failures Predictions Resulting in Spills 10 Containment and Diversionary Structures 10 Demonstration of Practicability 11 Inspections, Tests and Records 11 Personnel Training and Spill Prevention Procedures 11 Security 12 Tank Car and Truck Loading / Unloading Rack 12 General Requirements (40 CFR 112.8 (a)) 13 Facility Drainage 13 Bulk Storage Containers 13 Facility Transfer Operations, Pumping, and Facility Process 15 FIGURES: Figure 1. Facility Diagram 16 ATTACHMENTS: A. Substantial Harm Criteria Determination Checklist 17 B. Monthly Inspection Checklists 18 C. Spill Report Form 19 D. SPCC Training Session Records 20 E. Integrity Testing Attachments 21 3 Cerise Pit SPCC Plan PROFESSIONAL ENGINEER CERTIFICATION 40 CFR 112.3 (d) CERTIFICATION: By means of this certification, I attest that I am familiar with the requirements of provisions of 40 CFR 112, that I or my designated agent have visited and examined the facility, that this SPCC Plan has been prepared in accordance with good engineering practices, including consideration of applicable industry standards, and with the requirements of 40 CFR 112, that procedures for required inspections and testing have been established and that the Plan is adequate for the facility. Engineer: Signature: Registration Number: State: Colorado Date of Plan Certification: * Plan will be updated and certified by a Professional Engineer once the Cerise site is approved and site characteristics are finalized. The plan can not be certified by a Professional Engineer until the site is approved and all equipment is in place as a site inspection is needed for the certification. SPILL PREVENTION, CONTROL AND COUNTERMEASURE PLAN MANAGEMENT APPROVAL 40 CFR 112.7 I hereby certify that the necessary resources to implement this Plan have been committed. Todd Ohlheiser Vice President Date 4 Cerise Pit SPCC Plan CERTIFICATION OF THE APPLICABILITY OF THE SUBSTANTIAL HARM CRITERIA CHECKLIST (C -II Form) Please see Attachment A. FIVE YEAR REVIEW PLAN SUMMARY PAGE In accordance with 40 CFR 112.5(b), a review and evaluation of this SPCC Plan is conducted at least once every three years prior to August 16, 2002, and at least once every five years after August 17, 2002. As a result of this review and evaluation, you must amend your SPCC Plan within six months of the review to include more effective prevention and control technology if the technology has been field -proven at the time of the review and will significantly reduce the likelihood of a discharge. A Professional Engineer must certify any technical amendments. By signing the below table, the reviewer agrees that they completed the review and evaluation of the SPCC Plan, for the facility listed in the top left corner of this page, and the below comments are accurate. These reviews and evaluations are recorded below: Reviewer (signature) Reviewer (print) Date Comments P.E. Cert. Required 5 Cerise Pit SPCC Plan A COMPLETE COPY OF THE SPCC PLAN IS MAINTAINED AT THE OFFICE OF THIS FACILITY PER 112.3 (e)(1). SPILL EXPERIENCE / HISTORY Description of Spill or Correction Actions Taken Plan for Preventing Release Recurrence INTRODUCTION Spill Prevention, Control, and Countermeasure (SPCC) plans for facilities are prepared and implemented as required by the U.S. Environmental Protection Agency (U.S.EPA) Regulation contained in Title 40, Code of Federal Regulations, Part 112, (40 CFR 112). A non - transportation related facility is subject to SPCC regulations if: the aggregate aboveground capacity of the facility exceeds 1,320 gallons (excluding those tanks and oil filled equipment below 55 gallons in capacity) or if the aggregate underground capacity of the facility exceeds 42,000 gallons (excluding those that are currently subject to all of the technical requirements of 40 CFR Part 280 or all of the technical requirements of state programs approved under 40 CFR 281); and if, due to its location, the facility could reasonably be expected to discharge oil into or upon the navigable waters or adjoining shorelines of the United States. An SPCC plan is not required to be filed with the EPA, but a copy must be available for on-site review by the Regional Administrator (RA) during normal working hours. The SPCC plan must be submitted to the US EPA Region 8 RA and the state agency along with the other information specified in Section 112.4 (a) if either of the following occurs: 1. The facility discharges more than 1,000 gallons of oil into or upon the navigable waters of the United States or adjoining shorelines in a single spill event; or 2. The facility discharges oil in quantities greater than 42 gallons in each of two spill events within any twelve-month period. The following spill information must be submitted to the RA within 60 days if either of the above thresholds is reached. This report is to contain the following information (112.4 (a)): 1. Name of the facility. 2. Name of individual submitting the information. 3. Location of the facility. 4. Maximum storage or handling capacity of the facility and normal daily throughput. 5. The corrective actions and/or countermeasures taken, including adequate description of equipment repairs and/or replacements. 6. Descriptions of the facility including maps, flow diagrams, and topographical maps. 6 Cerise Pit SPCC Plan 7. The cause(s) of such spill(s), including a failure analysis of system or subsystem in which failure occurred. 8. Additional preventive measures taken or contemplated to minimize the possibility of recurrence. 9. Such other information as the Regional Administrator may reasonably require that is pertinent to the plan or discharge(s). The SPCC plan must be amended within 6 months whenever there is a change in facility design, construction, operation, or maintenance that materially affects the facility's spill potential. The SPCC plan must be reviewed at least once every 5 years and amended to include more effective prevention and control technology, if such technology will significantly reduce the likelihood of a spill event and has been proven in the field. All such amendments must be re -certified by a registered professional engineer (PE). If the owners and operators of a facility that are required to prepare an SPCC plan and are not required to submit a Facility Response Plan, the SPCC plan should include a signed certification form, provided in Attachment A (per Appendix C to 40 CFR 112). FACILITY INFORMATION Name: Cerise Pit Mailing Address: P.O. Box 368 Glenwood Springs, CO 81601 Street Address: 86 County Road 104 Carbondale, CO 81623 Owner: Facility Contact: Owner Contact: Lafarge North America. 10170 Church Ranch Way, Suite 200 Westminster, CO 80021 303-657-4000 Daniel Knox, Plant Manager 970-215-4329 Meghan McDonald, Director of Environment 303-657-4148 Location: See street address above. 7 Cerise Pit SPCC Plan GENERAL DESCRIPTION The Cerise Pit is a sand and gravel mining, processing and storage operation that includes mining pits, aggregate stockpiles, conveyor systems, and office/storage trailers. Portable crushing and washing plants may be brought on site as needed. These portable plants will have their own SPCC plans to account for control measures in place and the hydrocarbons associated with their activities. Situated within the pit there will be a ready mix concrete facility and possibly an asphalt plant. * The following list of equipment is only a preliminary example of what could be located on site. As the proposed plans are finalized through the permitting process changes to this list may occur. Fixed and Mobile Storage [112.1(d)(2)(ii)]: AST 1— Diesel Tank AST 2 — Diesel Tank AST 3 — Gasoline (-4) Drums in containment area Total regulated oil storage capacity: 40 CFR 112.7 GENERAL REQUIREMENTS 10,000 gallons 10,000 gallons 5,000 gallons 220 gallons —25,220 gallons 112.7 (a)(1) This facility is in general conformance to the SPCC Regulation, which became effective on July 17, 2002. 112.7 (a)(2) In complying with all applicable requirements of the SPCC Regulation, no deviations were employed or claimed in this Plan. 112.7 (a)(3) Once the facility design is finalized, Figure 1 will include the location of the tanks and general arrangement of the facility. Also provided on the diagram will be the storm water flow directions (and spilled oil paths). As required under this section, the facility diagram will indicate the location and contents of each container. 112.7 (a)(3)(i) The main oil storage at the facility is the two 10,000 -gallon diesel tanks and one 5,000 gallon gasoline tank as listed above. There will be approximately 4 drums on site as well within proper secondary containment. t* As the proposed plans are finalized through the permitting process changes to this list may occur.) 112.7 (a)(3)(ii) The Cerise Pit will use several measures to prevent storm -water runoff or spills and other pollution from reaching the navigable waters of the United States. Those measures include both structural and non-structural controls. 8 Cerise Pit SPCC Plan Cleanup materials and supplies shall be kept stocked and shall be located near all oil -storage and handling areas. At least one person, whether a Lafarge attendant or a delivery contractor, shall be continuously present during all fueling and oil -transfer operations. Oil -storage tanks shall be checked routinely to establish the volumes of materials in storage at the facility. The liquid level in each tank shall be measured prior to filling to ensure that there is sufficient capacity in the tank for the planned oil delivery; use a direct -vision gauge or its equivalent (e.g., a dipstick) to estimate the volume of fuel. All piping connections shall be properly secured and inspected before transfer pumps are turned on. Drivers shall conduct visual inspections before departure; the inspections shall include a close examination of the lowermost drain and all outlets to ensure that caps are tight and properly adjusted, and that they will prevent liquid discharges while in transit. Fuels and oils shall be poured or pumped carefully to prevent spilling and over -filling. Employees shall visually inspect the area following all fueling and oil -transfer activities. Lafarge employees shall promptly clean up drips and small spills. 112.7 (a)(3)(iii) Loading and unloading of fuels will occur within the pit area. Drainage will be such that all spilled material would remain in the pit area, thereby serving as secondary containment. 112.7(a)(3)(iv) The facility's countermeasures for discovery of a discharge will ensure rapid discovery of leaks or spills. They are based on awareness training, inspections, and site security. The facility's countermeasures for response to a discharge are designed to ensure rapid and appropriate responses to leaks or spills and that the health and safety of employees and the public are protected. They are based on response training, Lafarge's internal notification procedures, and ensuring that access to the spill area is restricted. Emergency -Response Contractors have been established and agreements include approved emergency -response contractors to deal immediately with large spills. Spill kits will be utilized to clean-up minor spills. The facility's countermeasures for cleanup of a discharge will ensure that all areas and media affected by the spill are identified, that the health and safety of employees and the public are protected, and that the cleanup actions will protect the quality of surface and groundwater resources. 112.7(a)(3)(v) Materials recovered during spill cleanup must be properly contained until it is determined whether they can be recycled through on-site processes or disposed of offsite. The decision between the two will depend on the types and quantities of fuels or oils spilled; types and quantities of materials recovered during cleanup (i.e., contaminated soil or water); and concentrations of oil products in the recovered materials. Offsite disposal of contaminated materials may be recycled through a nearby Lafarge hot plant, through a vendor, or an appropriate landfill. The Lafarge Management (Operations OR Environmental) must pre - approve all disposals of spill cleanup materials. 9 Cerise Pit SPCC Plan 112.7 (a)(3)(vi) See the cover page of this Plan for the spill notification contacts. The clean-up contactors to be utilized to handle large spills will be: Environmental Resources Management (ERM) 303-741-5050 Water and Waste Engineering, Inc. 303-292-3503 Safety-Kleen 303-761-1365 Lafarge Environmental Group 303-406-8593 (W. Wright) 303-807-2973 (M. McDonald) 112.7 (a)(4) See Pages 1 & 2, and Attachment C, Discharge Report, which must be filled -out prior to reporting a spill report to the proper notification contacts. The Lafarge Crisis Management Plan and the first two pages of this Plan should be followed when responding to an oil release. The Discharge Report will help remind the operator of the information which must be furnished. 40 CFR 112.7 (b) POTENTIAL EQUIPMENT FAILURE PREDICTIONS RESULTING IN SPILLS: * The following list of equipment is only a preliminary example of what could be located on site. As the proposed plans are finalized through the permitting process changes to this list may occur. Source Type of i Failure Spill Volume Rate Direction of Flow Containment Volume Containment Type Aboveground Storage Tanks AST 1 — Diesel Fuel Rupture, leakage 10,000 gal 10,000 gal/hr TBD Double -wail tank within concrete containment AST 2 — Diesel Fuel Rupture, leakage 10,000 gal 10,000 gal/hr TBD Double-wall tank within concrete containment AST 3 — Gasoline Rupture, leakage 5,000 gal 5,000 gal/hr TBD Double-wall tank within concrete containment Facility Loading/Unloading Operations Tanker truck unloading Rupture, leakage. overfilling 3,000 gal. 3,000 gal/hr TBD Greater than 110% of largest compartment Surface Depression Other Stora e Drum Rupture, Storage leakage 55 gal 55 gal/hr TBD Greater than 110% of largest compartment Containment within pit 40 CFR 112.7 (c) CONTAINMENT AND DIVERSIONARY STRUCTURES 112.7 (c)(1) (i -iii) Diesel AST 1 & 2 are 10,000 -gal double wall tanks that will sit within adequate containment inside the pit. The Gasoline AST 3 and the drums will be stored within adequate secondary containment inside the pit area. 10 Cerise Pit SPCC Plan The pit itself will serve as containment for any potential oil spill that occurs outside of secondary containment structures. Due to the area's location, fueling procedures, and the availability of remedial equipment, there should be no need for any further engineering controls. 112.7 (c)(1)(iv) Weirs, booms, and other barriers 112.7 (c)(1)(v) Spill diversion ponds 112.7 (c)(1)(vi) Surface drainage will be engineered so that oil spilled outside of containment areas will remain within the pit area until it can be contained and remediated. See the facility diagram on Figure 1 for the stormwater/oil flow directions. 0ti will be updated as -acility plan is finalized;: 112.7 (c)(1)(vii) Spill kits will be located by the fuel containment areas. Two -hundred and sixteen feet of boom sections, eight 2x2 foot pillows, and fifty 16x20 inch absorbent pads OR 40 feet of boom sections and 100 16/20 inch heavy oil only absorbing pads are generally stored within the spill kit. Additionally, stockpiles of sands or absorbent stockpile material will be standard inventory for the facility. These inventories are replenished if used. 112.7 (c)(2)(i-ii) Off -shore facility references are not applicable. 40 CFR 112.7 (d) DEMONSTRATION OF PRACTICABILITY Lafarge management has determined that the use of the containment and diversionary structures and the use of readily available spill equipment to prevent discharged oil from reaching navigable water, will be practical and effective at this facility. 40 CFR 112.7 (e) INSPECTIONS, TESTS AND RECORDS Daily visual inspections consist of a walk-through of the facility to check the following: piping, equipment and tanks for leakage, soils for staining and discoloring. The checklist provided in Attachment B will be used during monthly inspections. The items covered in the inspections are performed in accordance with API standards and good engineering practices. This written monthly report (checklist) will be prepared, signed by the inspector, and the original copies are maintained on file for three years. 40 CFR 112.7 (1) PERSONNEL TRAINING AND SPILL PREVENTION PROCEDURES 112.7(f)(1) Oil handling personnel will be instructed by management in the operation and maintenance of equipment to prevent discharges, to follow discharge procedure protocols, applicable pollution control laws, rules, and regulations, and general facility operations, and to understand the contents of their SPCC Plan. 11 Cerise Pit SPCC Plan 112.7 (f)(2) The Facility Manager, see Page 1, will be accountable for spill discharge prevention at this facility. 112.7 (f)(3) Yearly spill prevention briefings will be provided by management for operating personnel to ensure adequate understanding of the SPCC plan. These briefings highlight any past spill events or failures and recently developed precautionary measures. Training includes oil spill prevention, containment, and retrieval methods. Records of these briefings and spill prevention training will be kept at the Church Ranch office and may be available on site in the Environmental Training Binder. 40 CFR 112.7 (g) SECURITY 112.7 (g)(1) Barriers will surround the facility. The entrance gate and plant will be locked when the facility is unattended. 112.7 (g)(2) The master flow and drain valve will be locked in the closed position when in non-operating or standby status. 112.7 (g)(3) The electrical starter control center for the oil pumps will be located next to the fuel pump. The switch box will be locked when the facility is not in use. 112.7 (g)(4) The loading and unloading connections of oil pipelines or facility piping will be capped when not in service or when in standby service for an extended time. 112.7 (g)(5) Operations will be contained within the property boundary. Sufficient lighting will be maintained at the facility during operating hours. 40 CFR 112.7 (h) TANK CAR AND TRUCK LOADING / UNLOADING RACKS 112.7 (h)(1) There will be adequate loading / unloading area at this facility. Sufficient containment will exist for any spills on the site. This includes secondary containment around each tank and within the pit area. 112.7 (h)(2) Warning signs will be utilized at the loading / unloading racks to prevent premature vehicular departure, where applicable. 12 Cerise Pit SPCC Plan 112.7 (h)(3) The lower-most drain and all outlets on tank trucks will be inspected for leaks prior to departure. All deliveries and transfers of oil products will be supervised by at least one person. Rail tank cars will not be utilized in this facility. 112.7 (i) There will be no field constructed ASTs at this facility. 112.7 (j) There will be no other prevention standards that are required to be followed, including other prevention and containment procedures listed in 40 CFR 112 or any applicable state or local rules, regulations or guidelines. 40 CFR 112.8 (a) GENERAL REQUIREMENTS The general requirements for the plan under the regulation have been met. 40 CFR 112.8 (b) FACILITY DRAINAGE 112.8 (b)(1) Drainage from the oil storage areas at the facility will not be discharged off property. The facility will have a stormwater permit that requires regular inspections of the facility. 112.8 (b)(2) Not applicable; no flapper -type drain valves will be used to drain diked areas. 112.8(b)(3) Spills outside of containment areas will flow by gravity to areas where oil will be retained by berms or within site until it can be pumped out. 112.8 (b)(4) & (5) Not applicable 40 CFR 112.8 (c) BULK STORAGE CONTAINERS 112.8 (c)(1) The existing bulk -storage containers have been, and any new containers shall be, constructed using materials, methods and standards that are appropriate for the types of oil stored in them and for the conditions under which the materials are stored (e.g., pressure and temperature). 112.8 (c)(2) * The following list of equipment is only a preliminary example of what could be located on site. As the proposed plans are finalized through the permitting process changes to this list may occur. AST 1 & 2 will be 10,000 gallon steel double -walled tanks stored within proper containment. AST 2 will be a 5,000 -gallon tank stored in proper containment. Portable storage tanks consist of four 55 -gallon drums. The drums will be stored in proper containment area, where spills will 13 Cerise Pit SPCC Plan most likely be contained within this area, but would also be contained in the surface depressions of the pit if necessary. These drums are not subject to periodic flooding. 112.8 (c)(3) No bypass valves will be present in the containment areas. 112.8 (c)(4) & (5) There will be no buried or partially buried underground storage tanks at this facility. 112.8 (c)(6) As required and deemed necessary, Lafarge shall implement the integrity -testing protocols presented in Attachment E for bulk storage containers and ancillary equipment. All aboveground bulk storage containers for fuels, oils or oil products shall be included in the integrity -testing program. The facility does not have any piping that is subject to integrity testing requirements. As required and deemed necessary, integrity testing shall be performed on a regular schedule, and following all material repairs or modifications. Appropriate repairs shall be undertaken whenever a tank or other equipment fails an integrity test. Records of all integrity testing shall be kept with this Plan. Visual inspections are performed regularly according to the procedures, and include inspection of tank supports and foundations. Inspections will be recorded on a monthly basis and will be maintained for 3 years. 112.8 (c)(7) There will be no internal heating coils at this facility that contain oil. 112.8 (c)(8) All tanks will have the required equipment installed to help prevent any releases of product. 112.8 (c)(9) The site will not have an effluent treatment system. 112.8 (c)(10) Oil leaks which result in a loss of material from tanks will be promptly corrected and cleaned. 112.8 (c)(11) The only mobile bulk storage associated with the facility is the 55 -gallon drums and mobile equipment. However, in 2006 the EPA exempted motive power containers from the SPCC regulations. All of these containers will be positioned or stored overnight on the site to prevent a discharge to navigable waters. 40 CFR 112.8 (d) FACILITY TRANSFER OPERATIONS, PUMPING, AND FACILITY PROCESS 112.8 (d) (1) This facility will not have buried piping. 112.8 (d)(2) 14 Cerise Pit SPCC Plan Pipelines not in service or on standby for an extended period (over 3 months) will be capped or blank flanged and marked as to their origin. 112.8 (d)(3) Pipe supports will be designed to minimize abrasion and corrosion and to allow for expansion and contraction. 112.8 (d)(4) Aboveground valves and appurtenances will be examined regularly to assess their condition and written records are kept on a monthly basis. 112.8 (d)(5) Not applicable 40 CFR 112.9, 112.10, 112.11 & SUBPARTS C & D Not applicable. 15 Cerise Pit SPCC Plan Figure 1 16 Cerise Pit SPCC Plan 17 Cerise Pit SPCC Plan Site Name: Inspected by (print) Signature Attachment B: AST Monthly Visual Inspection Form GL #: Division Date: Tank Inspection YES NO N/A If YES, Describe Action Taken Are any tanks not properly labeled? (contents, wamings, etc) Are there any visible signs of tank deterioration? Any leakage from fittings, seams, connections? Any visible signs of corrosion? An evidence on concrete or • round of new leaks or s • ills? Secondary Containment Inspection If NO, Describe Action Taken Operation of leak detection verified? (for all double-wall tanks) Leak detection test passed? Are all valves locked in the closed position? Is secondary containment free from cracks or holes? Is containment at tank filling area free of standing product? Is containment free of product, other liquids, and debris? How many inches of fluid are present in containment Is there an oil sheen present Piping Inspection If YES, Describe Action Taken Any visible corrosion? An leaka•e from fittin•s, seams, connections? Filling/Overflow Inspection If NO, Describe Action Taken Test overfill alarm. In working condition? Is "Tum Overflow Alarm On" sign posted? Has the tank been stuck this month? Date of last reading: Level of tank: Gallons: Does your reading match the tank clock gauge (if one exists)? Have your tank readings been filled in on your ullage log? Do you have all of your readings for the last 3 years? Is all other overflow • rotection - • ui • ment in workin • condition? Dispenser Area Inspection If YES, Describe Action Taken Any leakage from the hoses or nozzles? Are all required signs posted? (see guidance document) Working fire extinguisher within 100 feet? Is there a labeled, stocked spill kit located near tank storage area? Send forms to: Fax to303.657.4339 or Email a scanned copy at environment.westus@Iafarge-na.com Keep original copy of AST and Ullage Log on site for 3 years. Handwritten forms only please 18 Cerise Pit SPCC Plan ATTACHMENT C SPILL REPORT FORM (Use Pages 1 & 2 of this Plan while filling out this Sheet) 1 Date: 2 Time: 3 Your name and title: 4 Facility name: 5 Facility address: 6 Facility phone numbers: 7 Type of product discharged or spilled: 8 Estimate quantity discharged: 9 Cause and source of discharge: 10 Affected media: 11 Any damages or injuries as a result: 12 Emergency actions taken to stop, remove or mitigate discharge: 13 Names of individuals or organizations contacted: 14 Person responsible for spill prevention: 15 Other Remarks: 19 Cerise Pit SPCC Plan ATTACHMENT D SPCC TRAINING SESSION RECORDS ATTENDEE SIGNATURE / DATE INSTRUCTOR 20 Cerise Pit SPCC Plan ATTACHMENT E INTEGRITY TESTING ATTACHMENTS As required and deemed necessary, Lafarge will perform integrity testing on oil containing Aboveground Storage Tanks (ASTs). The tests will be performed on a regular schedule and whenever material repairs are made. This testing will use one of the following testing methods such as hydrostatic, radiographic, ultrasonic, acoustic emissions, or another system of non- destructive shell testing. Lafarge will perform ultrasonic shell testing as the method used for testing the ASTs integrity. Lafarge will likely use an A&D Company's Ultrasonic Thickness Gage (AD -3253) or an equivalent ultrasonic device. The testing will be performed on a regular schedule that will be based upon the condition and age of the each AST. The records of integrity testing will be kept with this plan. 21 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 August 27, 2010 Todd Ohlheiser Lafarge West, Inc. 10170 Church Ranch Way, Suite 200 Westminster, CO 80021 COLORADO DIVISION OF RECLAMATION MINING SAFETY Bill Ritter, Jr. Governor James B. Martin Executive Director Loretta E. Pineda Director Re: Cerise Mine, File No. M-2010-058, Receipt of 112 Construction Materials Reclamation Permit Application Dear Mr. Ohlheiser: On August 27, 2010, the Division of Reclamation, Mining and Safety received your 112 Construction Materials Reclamation Permit application for the Cerise Mine, which is located in Garfield County. All comment and review periods began on August 27, 2010. The decision date for your application is scheduled for November 25, 2010. Within ten (10) days after submittal, you must publish notice in a newspaper of general circulation in the locality of the proposed mining operation once a week for four (4) consecutive weeks. Immediately after the first publication, mail a copy of the notice to all owners of record of surface and mineral rights, holders of any recorded easements, and all owners of record of lands that are within 200 feet of the boundary of the affected land. Proof of notice and mailings, such as Certified Mail - Return Receipt Requested, must be submitted to the Division of Reclamation, Mining and Safety prior to the decision date. Additionally, any changes or additions to the application on file in our office must also be reflected in the public review copy, which has been placed with the Garfield County Clerk and Recorder. The Division is reviewing your application to determine whether it is adequate to meet the requirements of the Act. We will contact you if additional information is needed. Please be reminded that all operators must contact the Colorado Department of Health, Water Quality Control Division regarding storm water permits. If you have any questions, please contact me at the DRMS Grand Junction Field Office, 101 S. 3m Street, Rm. 301, Grand Junction, CO, 81501, ph. 970.243.6299. Sincerely, Dustin M. Czapla Environmental Protection Specialist Cc: Sean Frisch, Lafarge West, Inc. Pam Flora, Tetra Tech Office of Office of Denver • Grand Junction • Durango Active and Inactive Mines Mined Land Reclamation STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 8/27/2010 Sean Frisch Lafarge West, Inc. 10170 Church Ranch Way, Suite 200 Westminster, CO 80021 RE: Cerise Mine, File No. M-2010-058, Preliminary Adequacy Review of 112c Application Package Dear Mr. Frisch: COLORADO DIVISION OF RECLAMATION MINING — &— SAFETY Bill Ritter, Jr. Governor Mike King Executive Director Loretta E. Pifieda Director The above noted application was found to be complete and considered filed with the Division of Reclamation, Mining and Safety (DRMS) on August 27, 2010. Please be advised that the application may be deemed inadequate and may be denied on November 25, 2010 unless the adequacy review items, listed below, can be addressed to the satisfaction of DRMS. DRMS considers these adequacy issues to be preliminary. Subsequent to receipt and review of the Applicant's response to these preliminary issues, DRMS may identify additional adequacy issues. Preliminary Adequacy Issues for M-2010-058 Exhibit D Mining Plan 1. The mining plan shall include construction details for the proposed main entrance road. This shall include dimensions of the proposed road and describe any associated drainage and runoff conveyance structures to be used in construction of the road. Exhibit F Reclamation Plan Map 2. Exhibit D Mining Plan states that topsoil is approximately 6-12 inches deep over the site, and Exhibit E Reclamation Plan states that topsoil will be replaced over the disturbed areas at a depth of approximately 6 inches, while Exhibit F Reclamation Plan Map shows topsoil being replaced at approximately 12-18 inches depth. Please clarify. Office of Denver • Grand Junction • Durango Office of Mined Land Reclamation Active and Inactive Mines STATE OF COLORADO Exhibit S Permanent Man-made Structures 3. Supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility for the following structures: a. Electric line and poles (Holy Cross Energy) b. Gas flowline and meter (Rocky Mountain Natural Gas Company) c. Telephone Line (Qwest Corporation) As noted above, the decision deadline for the Cerise Mine application is November 25, 2010. On November 25, 2010 DRMS will issue a decision to approve, approve with conditions, or deny the application. Therefore, please respond to these adequacy issues in a timely manner, by November 22, to ensure ample time for DRMS to complete the review process and render a favorable decision. Alternately, should the Applicant require more time, please submit a request for an extension to the decision deadline. If you require additional information, have questions or concerns, please contact me at the DRMS Grand Junction Field Office at 101 South 3rd Street, Suite 301, Grand Junction, CO, 81501, Phone: (970) 243-6299, Fax: (970) 241-1516. Sincerely, Dustin Czapla Environmental Protection Specialist Division of Reclamation, Mining and Safety Cc: Pam Hora, Tetra Tech Page 2 of 2 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 9/28/2010 Pamela Franch Hora Tetra Tech 1900 S. Sunset Street, Suite I -F Longmont, CO 80501 RE: Cerise Mine, File No. M-2010-058, Decision Date Extension Approval Dear Mrs. Hora: COLORADO DIVISION OF RECLAMATION MINING — &— SAFETY Bill Ritter, Jr. Governor Mike King Executive Director Loretta E. Pineda Director On September 27, 2010 the Division of Reclamation, Mining and Safety (DRMS) received your request to extend the decision date for the Cerise Mine 112c application, File No. M-2010-058. DRMS has approved this request and the new decision date will be January 25, 2011. If you require additional information, have questions or concerns, please contact me at the DRMS Grand Junction Field Office at 101 South 3rd Street, Suite 301, Grand Junction, CO, 81501, Phone: (970) 243-6299, Fax: (970) 241-1516. Sincerely, Dustin Czapla Environmental Protection Specialist Division of Reclamation, Mining and Safety Cc: Sean Frisch, Lafarge West, Inc. Office of Denver • Grand Junction • Durango Office of Mined Land Reclamation Active and Inactive Mines