HomeMy WebLinkAbout1.00 General Application Materials_Part19PART I
Permit No.: COR400000
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(5) Control Measure Requiring Routine Maintenance - Any control measure that is still operating in
accordance with its design and the requirements of this permit, but requires maintenance to
prevent a breach of the control measure. See also inadequate control measure.
(6) Dedicated Asphalt, Concrete Batch Plants and Masonry Mixing Stations – are batch plants or mixing
stations located on, or within ¼ mile of, a construction site and that provide materials only to that
specific construction site.
(7) Final Stabilization - The condition reached when all ground surface disturbing activities at the site
have been completed, and for all areas of ground surface disturbing activities where a uniform
vegetative cover has been established with an individual plant density of at least 70 percent of pre-
disturbance levels, or equivalent permanent, physical erosion reduction methods have been
employed.
(8) Good Engineering, Hydrologic and Pollution Control Practices: are methods, procedures, and
practices that:
a. Are based on basic scientific fact(s).
b. Reflect best industry practices and standards.
c. Are appropriate for the conditions and pollutant sources.
d. Provide appropriate solutions to meet the associated permit requirements, including practice
based effluent limits.
(9) Inadequate Control Measure - Any control measure that is not designed or implemented in
accordance with the requirements of the permit and/or any control measure that is not
implemented to operate in accordance with its design. See also Control Measure Requiring Routine
Maintenance.
(10) Infeasible – Not technologically possible, or not economically practicable and achievable in light of
best industry practices.
(11) Minimize - reduce or eliminate to the extent achievable using control measures that are
technologically available and economically practicable and achievable in light of best industry
practice.
(12) Municipality - A city, town, county, district, association, or other public body created by, or under,
State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or a
designated and approved management agency under section 208 of CWA (1987).
(13) Municipal Separate Storm Sewer System (MS4) - A conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains):
a) owned or operated by a State, city, town, county, district, association, or other public body
(created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial
wastes, stormwater, or other wastes, including special districts under State law such as a
sewer district, flood control district or drainage district, or similar entity, or a designated and
approved management agency under section 208 of the CWA that discharges to state waters;
i. designed or used for collecting or conveying stormwater;
ii. are not a combined sewer; and
iii. are not part of a Publicly Owned Treatment Works (POTW). See 5 CCR 1002-61.2(62).
(14) Municipal Stormwater Management Program - A stormwater program operated by a municipality,
typically to meet the requirements of the municipalities MS4 discharge certification.
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(15) Operator - The party that has operational control over day-to-day activities at a project site which
are necessary to ensure compliance with the permit. This party is authorized to direct individuals
at a site to carry out activities required by the permit.(e.g. the general contractor)
(16) Owner - The party that has overall control of the activities and that has funded the implementation
of the construction plans and specifications. This is the party with ownership of, a long term lease
of, or easements on the property on which the construction activity is occurring (e.g., the
developer).
(17) Permittee(s) - The owner and operator named in the discharge certification issued under this
permit for the construction site specified in the certification.
(18) Point Source - Any discernible, confined, and discrete conveyance, including, but not limited to,
any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are
or may be discharged. Point source does not include irrigation return flow. See 5 CCR 102-61.2(75).
(19) 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. See
5 CCR 1002-61.2(76).
(20) Presentation of credentials – a government issued form of identification, if in person; or (ii)
providing name, position and purpose of inspection if request to enter is made via telephone, email
or other form of electronic communication. A Permittee’s non-response to a request to enter upon
presentation of credentials constitutes a denial to such request, and may result in violation of the
Permit.
(21) Process Water - Any water which, during manufacturing or processing, comes into contact with or
results from the production of any raw material, intermediate product, finished product, by
product or waste product.
(22) Public Emergency Related Site - a project initiated in response to an unanticipated emergency
(e.g., mud slides, earthquake, extreme flooding conditions, disruption in essential public services),
for which the related work requires immediate authorization to avoid imminent endangerment to
human health or the environment, or to reestablish essential public services.
(23) Qualified Stormwater Manager - An individual knowledgeable in the principles and practices of
erosion and sediment control and pollution prevention, and with the skills to assess conditions at
construction sites that could impact stormwater quality and to assess the effectiveness of
stormwater controls implemented to meet the requirements of this permit.
(24) Qualifying Local Program - A municipal program for stormwater discharges associated with small
construction activity that was formally approved by the division as a qualifying local program.
(25) Receiving Water - Any classified or unclassified surface water segment (including tributaries) in the
State of Colorado into which stormwater associated with construction activities discharges. This
definition includes all water courses, even if they are usually dry, such as borrow ditches, arroyos,
and other unnamed waterways.
(26) Severe Property Damage - substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays in production. See 40 CFR 122.41(m)(1)(ii).
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(27) Significant Materials - Include, but 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 CERCLA;
any chemical the permittee is required to report under section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA); fertilizers; pesticides; and waste products such as
ashes, slag and sludge that have the potential to be released with stormwater discharges.
(28) Small Construction Activity - The discharge of stormwater from construction activities that result in
land disturbance of equal to, or greater than, one acre and less than five acres. Small construction
activity also includes the disturbance of less than one acre of total land area that is part of a larger
common plan of development or sale, if the larger common plan ultimately disturbs equal to, or
greater than, one acre and less than five acres.
(29) Spill - An unintentional release of solid or liquid material which may pollute state waters.
(30) State Waters - means any and all surface and subsurface waters which are contained in or flow in
or through this state, but does not include waters in sewage systems, waters in treatment works of
disposal systems, waters in potable water distribution systems, and all water withdrawn for use
until use and treatment have been completed.
(31) Steep Slopes: where a local government, or industry technical manual (e.g., stormwater BMP
manual) has defined what is to be considered a “steep slope”, this permit’s definition
automatically adopts that definition. Where no such definition exists, steep slopes are
automatically defined as those that are 3:1 or greater.
(32) Stormwater - Precipitation runoff, snow melt runoff, and surface runoff and drainage. See 5 CCR
1002-61.2(103).
(33) Total Maximum Daily Loads (TMDLs) -The sum of the individual wasteload allocations (WLA) for
point sources and load allocations (LA) for nonpoint sources and natural background. For the
purposes of this permit, a TMDL is a calculation of the maximum amount of a pollutant that a
waterbody can receive and still meet water quality standards, and an allocation of that amount to
the pollutant's sources. A TMDL includes WLAs, LAs, and must include a margin of safety (MOS), and
account for seasonal variations. See section 303(d) of the CWA and 40 C.F.R. 130.2 and 130.7.
(34) 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 operation in accordance with 40 CFR 122.41(n) and Regulation 61.2(114).
MONITORING
The division may require sampling and testing, on a case-by-case basis. If the division requires
sampling and testing, the division will send a notification to the permittee. Reporting
procedures for any monitoring data collected will be included in the notification.
If monitoring is required, the following applies:
1. the thirty (30) day average must be determined by the arithmetic mean of all samples
collected during a thirty (30) consecutive-day period; and
2. a grab sample, for monitoring requirements, is a single “dip and take” sample.
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Permit No.: COR400000
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Oil and Gas Construction
Stormwater discharges associated with construction activities directly related to oil and gas
exploration, production, processing, and treatment operations or transmission facilities are
regulated under the Colorado Discharge Permit System Regulations (5 CCR 1002-61), and
require coverage under this permit in accordance with that regulation. However, references
in this permit to specific authority under the CWA do not apply to stormwater discharges
associated with these oil and gas related construction activities, to the extent that the
references are limited by the federal Energy Policy Act of 2005.
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Permit No.: COR400000
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Part II: Standard Permit Conditions
DUTY TO COMPLY
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Water Quality Control Act and is grounds for:
enforcement action;
permit termination, revocation and reissuance, or modification; or
denial of a permit renewal application.
DUTY TO REAPPLY
If the permittee wishes to continue an activity regulated by this permit after the expiration
date of this permit, the permittee must apply for and obtain authorization as required by Part
I.A.3.k. of the permit.
NEED TO HALT OR REDUCE ACTIVITY NOT A DEFENSE
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
conditions of this permit.
DUTY TO MITIGATE
A permittee must take all reasonable steps to minimize or prevent any discharge in violation
of this permit which has a reasonable likelihood of adversely affecting human health or the
environment.
PROPER OPERATION AND MAINTENANCE
A permittee must at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) that are installed or used by the
permittee to achieve compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures. This provision requires the operation of backup or auxiliary facilities or similar
systems which are installed by the permittee only when the operation is necessary to achieve
compliance with the conditions of this permit. This requirement can be met by meeting the
requirements for Part I.B., I.C., and I.D. above. See also 40 C.F.R. § 122.41(e).
PERMIT ACTIONS
This permit may be modified, revoked and reissued, or terminated for cause. The permittee
request for a permit modification, revocation and reissuance, or termination, or a notification
of planned changes or anticipated noncompliance does not stay any permit condition. Any
request for modification, revocation, reissuance, or termination under this permit must
comply with all terms and conditions of Regulation 61.8(8).
PROPERTY RIGHTS
In accordance with 40 CFR 122.41(g) and 5 CCR 1002-61, 61.8(9):
1. The issuance of a permit does not convey any property or water rights in either real or
personal property, or stream flows or any exclusive privilege.
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2. The issuance of a permit does not authorize any injury to person or property or any
invasion of personal rights, nor does it authorize the infringement of federal, state, or
local laws or regulations.
3. Except for any toxic effluent standard or prohibition imposed under Section 307 of the
Federal act or any standard for sewage sludge use or disposal under Section 405(d) of the
Federal act, compliance with a permit during its term constitutes compliance, for
purposes of enforcement, with Sections 301, 302, 306, 318, 403, and 405(a) and (b) of the
Federal act. However, a permit may be modified, revoked and reissued, or terminated
during its term for cause as set forth in Section 61.8(8) of the Colorado Discharge Permit
System Regulations.
DUTY TO PROVIDE INFORMATION
The permittee shall furnish to the division, within a reasonable time, any information which
the division may request to determine whether cause exists for modifying, revoking and
reissuing, or terminating 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 in accordance with 40 CFR 122.41(h) and/or Regulation 61.8(3)(q).
INSPECTION AND ENTRY
The permittee shall allow the division and the authorized representative, upon the
presentation of credentials as required by law, to allow for inspections to be conducted in
accordance with 40 CFR 122.41(i), Regulation 61.8(3), and Regulation 61.8(4):
1. to enter upon the permittee's premises where a regulated facility or activity is located or
in which any records are required to be kept under the terms and conditions of this
permit;
2. at reasonable times to have access to and copy any records required to be kept under the
terms and conditions of this permit;
3. at reasonable times, inspect any monitoring equipment or monitoring method required in
the permit; and
4. to enter upon the permittee's premises in a reasonable manner and at a reasonable time
to inspect or investigate, any actual, suspected, or potential source of water pollution, or
any violation of the Colorado Water Quality Control Act. The investigation may include:
sampling of any discharges, stormwater or process water, taking of photographs,
interviewing site staff on alleged violations and other matters related to the permit, and
assessing any and all facilities or areas within the site that may affect discharges, the
permit, or an alleged violation.
The permittee shall provide access to the division or other authorized representatives upon
presentation of proper credentials. A permittee’s non-response to a request to enter upon
presentation of credentials constitutes a denial of such request, and may result in a
violation of the permit.
MONITORING AND RECORDS
1. Samples and measurements taken for the purpose of monitoring must be representative of
the volume and nature of the monitored activity.
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2. The permittee must retain records of all monitoring information, including all calibration
and maintenance records and all original strip chart recordings for continuous monitoring
instrumentation, copies of all reports required by this permit, and records of all data used
to complete the application for this permit, for a period of at least three years from the
date the permit expires or the date the permittee’s authorization is terminated. This
period may be extended by request of the division at any time.
3. Records of monitoring information must include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
4. Monitoring must be conducted according to test procedures approved under 40 CFR Part
136, unless other test procedures have been specified in the permit.
SIGNATORY REQUIREMENTS
Authorization to Sign:
All documents required to be submitted to the division by the permit must be signed in
accordance with the following criteria:
For a corporation: By a responsible corporate officer. For the purpose of this
subsection, a responsible corporate officer means:
i. a president, secretary, treasurer, or vice president of the corporation in charge of
a principal business function, or any other person who performs similar policy- or
decision-making functions for the corporation, or
ii. the manager of one or more manufacturing, production, or operating facilities,
provided, the manager is authorized to make management decisions which govern
the operation of the regulated facility including having the explicit or implicit duty
of making major capital investment recommendations, and initiating and directing
other comprehensive measures to assure long term environmental compliance with
environmental laws and regulations; the manager can ensure that the necessary
systems are established or actions taken to gather complete and accurate
information for permit application requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance with
corporate procedures.
For a partnership or sole proprietorship: By a general partner or the proprietor,
respectively; or
For a municipality, state, federal, or other public agency: By either a principal
executive officer or ranking elected official. For purposes of this subsection, a
principal executive officer of a federal agency includes
i. (i) the chief executive officer of the agency, or
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ii. (ii) a senior executive officer having responsibility for the overall operations of a
principal geographic unit of the agency. (e.g., Regional Administrator of EPA)
Electronic Signatures
For persons signing applications for coverage under this permit electronically, in
addition to meeting other applicable requirements stated above, such signatures must
meet the same signature, authentication, and identity-proofing standards set forth at
40 CFR § 3.2000(b) for electronic reports (including robust second-factor
authentication). Compliance with this requirement can be achieved by submitting the
application using the Colorado Environmental Online Service (CEOS) system.
Change in Authorization to Sign
If an authorization is no longer accurate because a different individual or position has
responsibility for the overall operation of the facility, a new authorization must be
submitted to the division, prior to the re-authorization, or together with any reports,
information, or applications to be signed by an authorized representative.
REPORTING REQUIREMENTS
Planned Changes
The permittee shall give advance notice to the division, in writing, of any planned
physical alterations or additions to the permitted facility in accordance with 40 CFR
122.41(l) and Regulation 61.8(5)(a). Notice is required only when:
The alteration or addition to a permitted facility may meet one of the criteria for
determining whether a facility is a new source in 40 CFR 122.29(b); or
The alteration or addition could significantly change the nature or increase the
quantity of pollutants discharged. This notification applies to pollutants which are
subject neither to effluent limitations in the permit, nor to notification requirements
under 40 CFR 122.41(a)(1).
Anticipated Non-Compliance
The permittee shall give advance notice to the division, in writing, of any planned
changes in the permitted facility or activity that may result in noncompliance with
permit requirements. The timing of notification requirements differs based on the type
of non-compliance as described in subparagraphs 5, 6, 7, and 8 below.
Transfer of Ownership or Control
The permittee shall notify the division, in writing, ten (10) calendar days in advance of a
proposed transfer of the permit. This permit is not transferable to any person except
after notice is given to the division.
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Where a facility wants to change the name of the permittee, the original permittee
(the first owner or operators) must submit a Notice of Termination.
The new owner or operator must submit an application. See also signature
requirements in Part II.K, above.
A permit may be automatically transferred to a new permittee if:
i. The current permittee notifies the Division in writing 30 calendar days in advance
of the proposed transfer date; and
ii. The notice includes a written agreement between the existing and new
permittee(s) containing a specific date for transfer of permit responsibility,
coverage and liability between them; and
iii. The division does not notify the existing permittee and the proposed new
permittee of its intent to modify, or revoke and reissue the permit.
iv. Fee requirements of the Colorado Discharge Permit System Regulations, Section
61.15, have been met.
Monitoring reports
Monitoring results must be reported at the intervals specified in this permit per the
requirements of 40 CFR 122.41(l)(4).
Compliance Schedules
Reports of compliance or noncompliance with, or any progress reports on, interim and
final requirements contained in any compliance schedule in the permit, shall be
submitted on the date listed in the compliance schedule section. The fourteen (14)
calendar day provision in Regulation 61.8(4)(n)(i) has been incorporated into the due
date.
Twenty-four hour reporting
In addition to the reports required elsewhere in this permit, the permittee shall report
the following circumstances orally within twenty-four (24) hours from the time the
permittee becomes aware of the circumstances, and shall mail to the division a written
report containing the information requested within five (5) working days after becoming
aware of the following circumstances:
Circumstances leading to any noncompliance which may endanger health or the
environment regardless of the cause of the incident;
Circumstances leading to any unanticipated bypass which exceeds any effluent
limitations in the permit;
Circumstances leading to any upset which causes an exceedance of any effluent
limitation in the permit;
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Daily maximum violations for any of the pollutants limited by Part I of this permit.
This includes any toxic pollutant or hazardous substance or any pollutant specifically
identified as the method to control any toxic pollutant or hazardous substance.
The division may waive the written report required under subparagraph 6 of this
section if the oral report has been received within 24 hours.
Other non-compliance
A permittee must report all instances of noncompliance at the time monitoring reports
are due. If no monitoring reports are required, these reports are due at least annually
in accordance with Regulation 61.8(4)(p). The annual report must contain all instances
of non-compliance required under either subparagraph 5 or subparagraph 6 of this
subsection.
Other information
Where a permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application, or in any report
to the Permitting Authority, it has a duty to promptly submit such facts or information.
BYPASS
Bypass not exceeding limitations
The permittees may allow any bypass to occur which does not cause effluent limitations
to be exceeded, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provisions of Part II.M.2 of this permit.
See 40 CFR 122.41(m)(2).
Notice of bypass
Anticipated bypass. If the permittee knows in advance of the need for a bypass, the
permittee must submit prior notice, if possible at least ten days before the date of
the bypass. ee 40 CFR §122.41(m)(3)(i) and/or Regulation 61.9(5)(c).
Unanticipated bypass. The permittee must submit notice of an unanticipated bypass
in accordance with Part II.L.6. See 40 CFR §122.41(m)(3)(ii) .
Prohibition of Bypass
Bypasses are prohibited and the division may take enforcement action against the
permittee for bypass, unless:
i. the bypass is unavoidable to prevent loss of life, personal injury, or severe
property damage;
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ii. There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate backup
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
iii. proper notices were submitted to the division.
UPSET
Effect of an upset
An upset constitutes an affirmative defense to an action brought for noncompliance with
permit effluent limitations if the requirements of Part II.N.2. of this permit 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 in accordance with Regulation 61.8(3)(j).
Conditions necessary for demonstration of an 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
an upset occurred and the permittee can identify the specific cause(s) of the upset;
the permitted facility was at the time being properly operated and maintained; and
the permittee submitted proper notice of the upset as required in Part II.L.6.(24-
hour notice); and
the permittee complied with any remedial measure necessary 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. 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 upon
water quality standards shall also demonstrate through monitoring, modeling or
other methods that the relevant standards were achieved in the receiving water.
Burden of Proof
In any enforcement proceeding, the permittee seeking to establish the occurrence of an
upset has the burden of proof.
RETENTION OF RECORDS
Post-Expiration or Termination Retention
Copies of documentation required by this permit, including records of all data used to
complete the application for permit coverage to be covered by this permit, must be
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retained for at least three years from the date that permit coverage expires or is
terminated. This period may be extended by request of EPA at any time.
On-site Retention
The permittee must retain an electronic version or hardcopy of the SWMP at the
construction site from the date of the initiation of construction activities to the date of
expiration or inactivation of permit coverage; unless another location, specified by the
permittee, is approved by the division.
REOPENER CLAUSE
Procedures for modification or revocation
Permit modification or revocation of this permit or coverage under this permit will be
conducted according to Regulation 61.8(8).
Water quality protection
If there is evidence indicating that the stormwater discharges authorized by this permit
cause, have the reasonable potential to cause or contribute to an excursion above any
applicable water quality standard, the permittee may be required to obtain an individual
permit, or the permit may be modified to include different limitations and/or
requirements.
SEVERABILITY
The provisions of this permit are severable. If any provisions or the application of any
provision of this permit to any circumstances, is held invalid, the application of such provision
to other circumstances and the application of the remainder of this permit shall not be
affected.
NOTIFICATION REQUIREMENTS
Notification to Parties
All notification requirements, excluding information submitted using the CEOS portal,
shall be directed as follows:
Oral Notifications, during normal business hours shall be to:
Clean Water Compliance Section
Water Quality Control Division
Telephone: (303) 692-3500
Written notification shall be to:
Clean Water Compliance Section
Water Quality Control Division
Colorado Department of Public Health and Environment
WQCD-WQP-B2
4300 Cherry Creek Drive South
Denver, CO 80246-1530
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RESPONSIBILITIES
Reduction, Loss, or Failure of Treatment Facility
The permittee has the duty to halt or reduce any activity if necessary to maintain
compliance with the effluent limitations of the permit. It shall not be a defense for a
permittee in an enforcement action that it would be necessary to halt or reduce the
permitted activity in order to maintain compliance with the conditions of this permit.
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under Section 311 (Oil and Hazardous Substance Liability) of
the CWA.
Emergency Powers
Nothing in this permit shall be construed to prevent or limit application of any emergency
power of the division.
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 Water Quality Control Commission or the division, but shall be kept
confidential. Any person seeking to invoke the protection of of this section shall bear the
burden of proving its applicability. This section shall never be interpreted as preventing full
disclosure of effluent data.
Fees
The permittee is required to submit payment of an annual fee as set forth in the 2016
amendments to the Water Quality Control Act. Section 25-8-502 (1.1) (b), and the Colorado
Discharge Permit System Regulations 5 CCR 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. seq., C.R.S.1973 as amended.
Duration of Permit
The duration of a permit shall be for a fixed term and shall not exceed five (5) years. If the
permittee desires to continue to discharge, a permit renewal application shall be submitted
at least ninety (90) calendar days before this permit expires. Filing of a timely and complete
application shall cause the expired permit to continue in force to the effective date of the
new permit. The permit's duration may be extended only through administrative extensions
and not through interim modifications. 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 permit in accordance with Part I.A.3.i.
Section 307 Toxics
If a toxic effluent standard or prohibition, including any applicable schedule of compliance
specified, is established by regulation pursuant to Section 307 of the Federal Act for a toxic
pollutant which is present in the permittee's discharge and such standard or prohibition is
more stringent than any limitation upon such pollutant in the discharge permit, the division
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shall institute proceedings to modify or revoke and reissue the permit to conform to the toxic
effluent standard or prohibition
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
December 19, 2014
Chevron USA Inc
Michael DeBerry, Rcky Mnt Area Mgr
760 Horizon Dr Ste 401
Grand Junction, CO 81506
mkdeberry@chevron.com
Dear Mr./Ms. DeBerry,
The Water Quality Control Division (Division) received your application for a modification to your permit
COR037787 on 12/9/2014. The application is in regards to a discharge authorized from Skinner Ridge
Natural Gas Wells located at Tom/Clear Creek in Skinner Ridge area, Uninc. The Division reviewed the
application and considers it complete – The modification will be filed with the Certification and
associated materials.
Sincerely,
Karen Harford, Administrative Assistant III
WATER QUALITY CONTROL DIVISION
cc: jjustus@chevron.com
File Copy
s~",~,~,~D1?~l?~Elld Jlij:.A4 Ul5 / /:;1/’1 lIt;
Colorado Department of Public Health & Environment
Water Quality Control Division
WQCD-P-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
FOR AGENCY USE ONLY
REC
EFF
YEAR MONTH DA Y
Amendment notice for
Oil and Gas Construction Field Permit Certification
CONSTRUCTION STORMW ATER DISCHARGE GENERAL PERMIT CERTIFICATION
Please print or type. Form must be filled out completely.
Certification Number: COR-03 7787
Received
DEe 09 2014
Permittee (Company) Name: Chevron U.S.A. Inc.
Permittee Address: 760 Horizon Drive, Suite 401
Phone No. 970-257-6007
Water Quality Control
Field Permit Certification Information (refer to your permit certification):
Field Permit SitelFacility Name:
Skinner Ridge Natural Gas Wells
County(s): Garfield
Contact Person: Julie Justus
Contact Person Phone No.: 970-257-6042 Contact Person Email: jjustus@chevron.com
Information on Area to be Excluded from Permit Coverage:
Site Map:Must include Site Map indicating the boundaries of the area to be excluded from permit coverage.
Refer to the Site Map Instructions on page ii of this form. Maps must be folded to 8~ x 11 inches.
Map enclosed? Ye~1’1 NoD
Summary of work performed and description of final stabilization for the area shown in the attached map:
The slopes of the following disturbances have been revegetated to at least 70% pre-disturbance ground coverage: 597-EM1 (Mesa Learning Pad), 597-Q3-AEF Delivery Facility, 598-08-AV & Access,
598-25-4 Compressor Site & Acc:ess, 598-25-AV & Access, 598-25-BV, 598-25-CV, 598-35-BV, 598-36-AV Service Pad, 598-36-AV & Access, 598-35-BV, 698..Q4-AV, 698-9-BV, 698-11-AV. 698-12.AV, 698.12-BV, 698-12-CV,
698.16-A V, Central Processing Facility, Clear Creek Road Sections 8-15, 30~ Export Pipeline, 26-A V Pipeline, and Clear Creek Pipelne. Graveled working/driving surfaces remain.on well pads and roads.
I certify under penalty of law that by the date of my signature below, at the identified construction site area, all disturbed soils have
been finally stabilized; all temporary erosion and sediment control measures have been removed; all construction and equipment
maintenance wastes have been disposed of properly; and all elements of the Stormwater Management Plan have been completed.
I understand that by submitting this notice of amendment, I am no longer authorized to discharge stormwater associated with
construction activity by the general permit, for this specific area. I understand that discharging pollutants in stormwater associated
with construction activities to the waters of the State of Colorado, where such discharges are not authorized by a CDPS permit, is
unlawful under the Colorado Water Quality Control Act and the Clean Water Act.
I certify under penalty of law that I have personally examined and am familiar with the information submitted herein, and based on my
inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and
complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and
imprisonment. (See 18 U.S.C 1001 and 33 U.S.c. 1319.)
~,(.:r...,1~ Signature of ermlt ApplIcant (Legally ResponSible Party)
Michael DeBerry
Name (printed)
I z., {’ ~II fY
Date Signed
Rocky Mountain Area Manager
Title
12/08/0Gcoverageamend
..
Legend
D Skinner Ridge Project Site
D Pad Disturbance Area
o Well Pad - Active CDPHE
. Well Pad - 12-2014 Termination
- Access Road - Active CDPHE c:::J StreamRiver
- Access Road - 12-2014 Termination LakePond
Access Road - Previously Terminated Potential Wetland
- Canal Ditch - Highways
StreamlRiver - Ephemeral - Major Roads
Stream/River - Intermittent - local Roads
N
W~E
Pipeline - Active CDPHE o SpringSeep - Stream/River - Perennial
o 0.5 1.5
Miles
2
. Well Pad - Previously Terminated - Pipeline - 12-2014 Termination
--
PROJECT NO:013-124<1 FIGURE
ASSOCIATES
760 HORIZON DRIVE, SUITE 102
GRANO JUNCTION, CO 81506
TEL 970.263.7800
FAX 970.263.7-456
DR.WVN BY;
STORMWATER PROJECT SITE OVERVIEW
MAP 1 OF 2 - SKINNER RIDGE
CHEVRON USA INC.
GARFIELD COUNTY. COLORADO
o\’OLSSON@
DATE:121021201.
SCANN~D 1Z/ZZ/Z 14 8:44:14
Legend
. Well Pad . Active CDPHE 0 SpringSeep
- Access Road . Active COPHE - Canal Ditch
D StreamRiver
U lakePond
Potential Wetland
o 0.5 1.5
Miles
2
N
W~EStrearnlRiver. Ephemeral
StrearnlRiver. Intermittent
- Stream/River - Perennial
- Highways
- Major Roads
- Local Roads
- -
PROJECT NO:013-1244 FIGURE
ORA\I\IN BY:
STORMWATER PROJECT SITE OVERVIEW
MAP 2 OF 2 - SOUTH CANYON
CHEVRON USA INC.
GARFIELD COUNTY, COLORAOO
o\’OLSSON@
ASSOCIATES
760 HORIZON DRIVE, SUITE 102
GRANO JUNCTION. CO 81506
TEL 970.263.7800
FAX 970 263.7456 2
DATE:0511612014
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Water Quality Control Division
CDPS GENERAL PERMIT
STORMWATER DISCHARGES ASSOCIATED WITH
CONSTRUCTION ACTIVITY
AUTHORIZATION TO DISCHARGE UNDER THE
COLORADO DISCHARGE PERMIT SYSTEM (CDPS)
In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., CRS, 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 construction activities (and specific
allowable non-stormwater discharges in accordance with Part I.A.1. of the permit) certified under this
permit, from those locations specified throughout the State of Colorado to specified waters of the State.
Such discharges shall be in accordance with the conditions of this permit. This permit specifically authorizes
the facility listed on the certification to discharge in accordance with permit requirements and conditions
set forth in Parts I and II hereof. All discharges authorized herein shall be consistent with the terms and
conditions of this permit.
This permit becomes effective on April 1, 2019, and shall expire at midnight March 31, 2024.
Issued and signed this 1st day of November 2018.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Ellen Howard Kutzer, Permits Section Manager
Water Quality Control Division
Permit History
Originally signed and issued October 31, 2018; effective April 1, 2019.
Table of Contents
Part I ........................................................................................................................... 1
COVERAGE UNDER THIS PERMIT...................................................................................... 1
Authorized Discharges ............................................................................................ 1
Limitations on Coverage .......................................................................................... 1
Permit Certification and Submittal Procedures ............................................................... 2
EFFLUENT LIMITATIONS ............................................................................................... 6
Requirements for Control Measures Used to Meet Effluent Limitations ................................... 6
Discharges to an Impaired Waterbody .......................................................................... 9
General Requirements ........................................................................................... 10
STORMWATER MANAGEMENT PLAN (SWMP) REQUIREMENTS .................................................... 11
SWMP General Requirements ................................................................................... 11
SWMP Content .................................................................................................... 11
SWMP Review and Revisions .................................................................................... 13
SWMP Availability ................................................................................................. 14
SITE INSPECTIONS ..................................................................................................... 14
Person Responsible for Conducting Inspections .............................................................. 14
Inspection Frequency ............................................................................................ 14
Inspection Frequency for Discharges to Outstanding Waters ............................................... 15
Reduced Inspection Frequency ................................................................................. 15
Inspection Scope .................................................................................................. 16
DEFINITIONS ........................................................................................................... 17
MONITORING ........................................................................................................... 20
Oil and Gas Construction ............................................................................................ 21
Part II: Standard Permit Conditions ...................................................................................... 22
DUTY TO COMPLY ..................................................................................................... 22
DUTY TO REAPPLY .................................................................................................... 22
NEED TO HALT OR REDUCE ACTIVITY NOT A DEFENSE ........................................................... 22
DUTY TO MITIGATE ................................................................................................... 22
PROPER OPERATION AND MAINTENANCE .......................................................................... 22
PERMIT ACTIONS ...................................................................................................... 22
PROPERTY RIGHTS .................................................................................................... 22
DUTY TO PROVIDE INFORMATION ................................................................................... 23
INSPECTION AND ENTRY ............................................................................................. 23
MONITORING AND RECORDS ......................................................................................... 23
SIGNATORY REQUIREMENTS ......................................................................................... 24
PART I
Permit No.: COR400000
Authorization to Sign: ............................................................................................ 24
Electronic Signatures ............................................................................................ 25
Change in Authorization to Sign ................................................................................ 25
REPORTING REQUIREMENTS ......................................................................................... 25
Planned Changes .................................................................................................. 25
Anticipated Non-Compliance ................................................................................... 25
Transfer of Ownership or Control .............................................................................. 25
Monitoring reports ................................................................................................ 26
Compliance Schedules ........................................................................................... 26
Twenty-four hour reporting ..................................................................................... 26
Other non-compliance ........................................................................................... 27
Other information ................................................................................................ 27
BYPASS ................................................................................................................. 27
Bypass not exceeding limitations .............................................................................. 27
Notice of bypass .................................................................................................. 27
Prohibition of Bypass ............................................................................................. 27
UPSET................................................................................................................... 28
Effect of an upset ................................................................................................ 28
Conditions necessary for demonstration of an Upset ....................................................... 28
Burden of Proof ................................................................................................... 28
RETENTION OF RECORDS ............................................................................................. 28
Post-Expiration or Termination Retention .................................................................... 28
On-site Retention ................................................................................................. 29
REOPENER CLAUSE .................................................................................................... 29
Procedures for modification or revocation ................................................................... 29
Water quality protection ........................................................................................ 29
SEVERABILITY .......................................................................................................... 29
NOTIFICATION REQUIREMENTS ...................................................................................... 29
Notification to Parties ........................................................................................... 29
RESPONSIBILITIES ..................................................................................................... 30
Reduction, Loss, or Failure of Treatment Facility ........................................................... 30
Oil and Hazardous Substance Liability ............................................................................. 30
Emergency Powers .................................................................................................... 30
Confidentiality ........................................................................................................ 30
Fees ..................................................................................................................... 30
PART I
Permit No.: COR400000
Duration of Permit .................................................................................................... 30
Section 307 Toxics .................................................................................................... 30
PART I
Permit No.: COR400000
Page 1 of 33
Part I
Note: At the first mention of terminology that has a specific connotation for the purposes of this permit, the
terminology is electronically linked to the definitions section of the permit in Part I.E.
COVERAGE UNDER THIS PERMIT
Authorized Discharges
This general permit authorizes permittee(s) to discharge the following to state waters:
stormwater associated with construction activity and specified non-stormwater associated
with construction activity. The following types of stormwater and non-stormwater
discharges are authorized under this permit:
Allowable Stormwater Discharges
i. Stormwater discharges associated with construction activity.
ii. Stormwater discharges associated with producing earthen materials, such as soils,
sand, and gravel dedicated to providing material to a single contiguous site, or
within ¼ mile of a construction site (i.e. borrow or fill areas)
iii. Stormwater discharges associated with dedicated asphalt, concrete batch plants
and masonry mixing stations (Coverage under this permit is not required if
alternative coverage has been obtained.)
Allowable Non-Stormwater Discharges
The following non-stormwater discharges are allowable under this permit if the
discharges are identified in the stormwater management plan in accordance with Part
I.C. and if they have appropriate control measures in accordance with Part I.B.1.
i. Discharges from uncontaminated springs that do not originate from an area of land
disturbance.
ii. Discharges to the ground of concrete washout water associated with the washing of
concrete tools and concrete mixer chutes. Discharges of concrete washout water
must not leave the site as surface runoff or reach receiving waters as defined by
this permit.
iii. Discharges of landscape irrigation return flow.
Emergency Fire Fighting
Discharges resulting from emergency firefighting activities are authorized by this
permit.
Limitations on Coverage
Discharges not authorized by this permit include, but are not limited to, the discharges
and activities listed below. Permittees may seek individual or alternate general permit
coverage for the discharges, as appropriate and available.
Discharges of Non-Stormwater
PART I
Permit No.: COR400000
Page 2 of 33
Discharges of non-stormwater, except the authorized non-stormwater discharges listed
in Part I.A.1.b., are not eligible for coverage under this permit.
Discharges Currently Covered by another Individual or General Permit
Discharges Currently Covered by a Water Quality Control Division (division) Low Risk
Guidance Document
Permit Certification and Submittal Procedures
Duty to apply
The following activities shall apply for coverage under this permit:
i. Construction sites that will disturb one acre or more; or
ii. Construction sites that are part of a common plan of development or sale; or
iii. Stormwater discharges that are designated by the division as needing a stormwater
permit because the discharge:
(a) Contributes to a violation of a water quality standard; or
(b) is a significant contributor of pollutants to state waters.
Application Requirements
To obtain authorization to discharge under this permit, applicants applying for
coverage following the effective date of the renewal permit shall meet the following
requirements:
i. Owners and operators submitting an application for permit coverage will be co-
permittees subject to the same benefits, duties, and obligations under this permit.
ii. Signature requirements: Both the owner and operator (permittee) of the
construction site, as defined in Part I.E., must agree to the terms and conditions of
the permit and submit a completed application that includes the signature of both
the owner and the operator. In cases where the duties of the owner and operator
are managed by the owner, both application signatures may be completed by the
owner. Both the owner and operator are responsible for ensuring compliance with
all terms and conditions of the permit, including implementation of the stormwater
management plan.
iii. Applicants must use the paper form provided by the division or the electronic form
provided on the division’s web-based application platform when applying for
coverage under this permit.
iv. The applicant(s) must develop a stormwater management plan (SWMP) in
accordance with the requirements of Part I.C. The applicant(s) must also certify
that the SWMP is complete, or will be complete, prior to commencement of any
construction activity.
PART I
Permit No.: COR400000
Page 3 of 33
v. The applicant(s) must submit a complete, accurate, and signed permit application
electronically, by mail or hand delivery to the division at least 10 days prior to the
commencement of construction activity except that construction activities that are
in response to a public emergency related site shall apply for coverage no later
than 14 days after the commencement of construction activities. The provisions of
this part in no way remove a violation of the Colorado Water Quality Control Act if
a point source discharge occurs prior to the issuance of a CDPS permit.
vi. The application must be signed in accordance with the requirements of Part IA.
Applications submitted by mail or hand delivered should be directed to:
Colorado Department of Public Health and Environment
Water Quality Control Division
Permits Section, WQCD-PS-B2
4300 Cherry Creek Drive South
Denver, CO 80246
vii. The applicant(s) must receive written notification that the division granted permit
coverage prior to conducting construction activities except for construction
activities that are in response to a public emergency related site
Division Review of Permit Application
Within 10 days of receipt of the application, and following review of the application,
the division may:
i. Issue a certification of coverage;
ii. request additional information necessary to evaluate the discharge;
iii. delay the authorization to discharge pending further review;
iv. notify the applicant that additional terms and conditions are necessary; or
v. deny the authorization to discharge under this general permit.
Alternative Permit Coverage
i. Division Required Alternate Permit Coverage:
The Division may require an applicant or permittee to apply for an individual
permit or an alternative general permit if it determines the discharge does not fall
under the scope of this general permit. In this case, the Division will notify the
applicant or permittee that an individual permit application is required.
ii. Permittee Request for alternate permit coverage:
A permittee authorized to discharge stormwater under this permit may request to
be excluded from coverage under this general permit by applying for an individual
permit. In this case, the permittee must submit an individual application, with
reasons supporting the request, to the Division at least 180 days prior to any
discharge. When an individual permit is issued, the permittee’s authorization to
discharge under this permit is terminated on the effective date of the individual
permit.
Submittal Signature Requirements
PART I
Permit No.: COR400000
Page 4 of 33
Documents required for submittal to the division in accordance with this permit,
including applications for permit coverage and other documents as requested by the
division, must include signatures by both the owner and the operator, except for
instances where the duties of the owner and operator are managed by the owner.
Signatures on all documents submitted to the division as required by this permit must
meet the Standard Signatory Requirements in Part II.K. of this permit in accordance
with 40 C.F.R. 122.41(k).
i. Signature Certification
Any person(s) signing documents required for submittal to the Division must make
the following certification:
“I 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 of the 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.”
Compliance Document Signature Requirements
Documents which are required for compliance with the permit, but for which
submittal to the division is not required unless specifically requested by the division,
must be signed by the individual(s) designated as the Qualified Stormwater Manager,
as defined in Part I.E.
i. Any person(s) signing inspection documents required for compliance with the
permit must make the following statement:
“I verify that, to the best of my knowledge and belief, all corrective action and
maintenance items identified during the inspection are complete, and the site is
currently in compliance with the permit.”
Field Wide Permit Coverage for Oil and Gas Construction
At the discretion of the division, a single permit certification may be issued to a single
oil and gas permittee to cover construction activity related discharges from an oil and
gas field at multiple locations that are not necessarily contiguous.
Permit Coverage without Application
Qualifying Local Program: When a small construction site is within the jurisdiction of a
qualifying local program, the owner and operator of the construction activity are
authorized to discharge stormwater associated with small construction activity under
this general permit without the submittal of an application to the division. Sites
covered by a qualifying local program are exempt from the following sections of this
general permit:
PART I
Permit No.: COR400000
Page 5 of 33
Part I.A.3.a.; Part I.A.3.b.; Part I.A.3.c.; Part I.A.3.d.; Part I.A.3.g.; Part I.A.3.i.; Part
I.A.3.j.; Part I.A.3.k.
Sites covered by a qualifying local program are subject to the following requirements:
i. Local Agency Authority: This permit does not pre-empt or supersede the authority
of local agencies to prohibit, restrict, or control discharges of stormwater to storm
drain systems or other water courses within their jurisdiction.
ii. Permit Coverage Termination: When a site under a Qualifying Local Program is
finally stabilized, coverage under this permit is automatically terminated.
iii. Compliance with Qualifying Local Program: Qualifying Local Program requirements
that are equivalent to the requirements of this permit are incorporated by
reference. Permittees authorized to discharge under this permit, must comply
with the equivalent requirements of the Qualifying Local Program that has
jurisdiction over the site as a condition of this permit.
iv. Compliance with Remaining Permit Conditions. Requirements of this permit that
are in addition to or more stringent than the requirements of the Qualifying Local
Program apply in addition to the requirements of the Qualifying Local Program.
v. Written Authorization of Coverage: The division or local municipality may require
any permittee within the jurisdiction of a Qualifying Local Program covered under
this permit to apply for, and obtain written authorization of coverage under this
permit. The permittee must be notified in writing that an application for written
authorization of coverage is required.
Permittee Initiated Permit Actions
Permittee initiated permit actions, including but not limited to modifications, contact
changes, transfers, reassignments, and terminations, shall be conducted following
division guidance and using appropriate division-provided forms.
Sale of Residence to Homeowner
Residential construction sites only: The permittee may remove residential lots from
permit coverage once the lot meets the following criteria:
i. the residential lot has been sold to the homeowner(s) for private residential use;
ii. a certificate of occupancy, or equivalent, is maintained on-site and is available
during division inspections;
iii. the lot is less than one acre of disturbance;
iv. all construction activity conducted on the lot by the permittee is complete;
v. the permittee is not responsible for final stabilization of the lot; and
vi. the SWMP was modified to indicate the lot is no longer part of the construction
activity.
If the residential lot meets the criteria listed above then activities occurring on the lot
are no longer considered to be construction activities with a duty to apply and
maintain permit coverage. Therefore, the permittee is not required to meet the final
stabilization requirements and may terminate permit coverage for the lot.
PART I
Permit No.: COR400000
Page 6 of 33
Permit Expiration and Continuation of Permit Coverage
Authorization to discharge under this general permit shall expire at midnight on March
31, 2024. While Regulation 61.4 requires a permittee to submit an application for
continuing permit coverage 180 days before the permit expires, the division is
requiring that permittees desiring continued coverage under this general permit must
reapply at least 90 days in advance of this permit expiration. The Division will
determine if the permittee may continue to discharge stormwater under the terms of
the general permit. An individual permit may be required for any facility not
reauthorized to discharge under the reissued general permit.
If this permit is not reissued or replaced prior to the expiration date, it will be
administratively continued and remain in force and effect. For permittees that have
applied for continued permit coverage, discharges authorized under this permit prior
to the expiration date will automatically remain covered by this permit until the
earliest of:
i. An authorization to discharge under a reissued permit, or a replacement of this
permit, following the timely and appropriate submittal of a complete application
requesting authorization to discharge under the new permit and compliance with
the requirements of the new permit; or
ii. The issuance and effect of a termination issued by the Division; or
iii. The issuance or denial of an individual permit for the facility’s discharges; or
iv. A formal permit decision by the Division not to reissue this general permit, at
which time the Division will identify a reasonable time period for covered
dischargers to seek coverage under an alternative general permit or an individual
permit. Coverage under this permit will cease when coverage under another
permit is granted/authorized; or
v. The Division has informed the permittee that discharges previously authorized
under this permit are no longer covered under this permit.
EFFLUENT LIMITATIONS
Requirements for Control Measures Used to Meet Effluent Limitations
The permittee must implement control measures to minimize the discharge of pollutants
from all potential pollutant sources at the site. Control measures must be installed prior
to commencement of activities that may contribute pollutants to stormwater discharges.
Control measures must be selected, designed, installed and maintained in accordance
with good engineering, hydrologic and pollution control practices. Control measures
implemented at the site must be designed to prevent pollution or degradation of state
waters.
Stormwater Pollution Prevention
The permittee must implement structural and/or nonstructural control measures that
effectively minimize erosion, sediment transport, and the release of other pollutants
related to construction activity.
i. Control Measures for Erosion and Sediment Control
PART I
Permit No.: COR400000
Page 7 of 33
Control measures for erosion and sediment control may include, but are not
limited to, wattles/sediment control logs, silt fences, earthen dikes, drainage
swales, sediment traps, subsurface drains, pipe slope drains, inlet protection,
outlet protection, gabions, sediment basins, temporary vegetation, permanent
vegetation, mulching, geotextiles, sod stabilization, slope roughening, maintaining
existing vegetation, protection of trees, and preservation of mature vegetation.
Specific non-structural control measures must meet the requirements listed below.
Specific control measures must meet the requirements listed below.
(a) Vehicle tracking controls shall either be implemented to minimize vehicle
tracking of sediment from disturbed areas, or the areas where vehicle tracking
occurs shall meet subsection Part I.B.1.a.i(b);
(b) Stormwater runoff from all disturbed areas and soil storage areas for which
permanent or temporary stabilization is not implemented, must flow to at least
one control measure to minimize sediment in the discharge. This may be
accomplished through filtering, settling, or straining. The control measure
must be selected, designed, installed and adequately sized in accordance with
good engineering, hydrologic and pollution control practices. The control
measure(s) must contain or filter flows in order to prevent the bypass of flows
without treatment and must be appropriate for stormwater runoff from
disturbed areas and for the expected flow rate, duration, and flow conditions
(i.e., sheet or concentrated flow);
(c) Outlets that withdraw water from or near the surface shall be installed when
discharging from basins and impoundments, unless infeasible.
(d) Maintain pre-existing vegetation or equivalent control measures for areas
within 50 horizontal feet of receiving waters as defined by this permit, unless
infeasible.
(e) Soil compaction must be minimized for areas where infiltration control
measures will occur or where final stabilization will be achieved through
vegetative cover.
(f) Unless infeasible, topsoil shall be preserved for those areas of a site that will
utilize vegetative final stabilization.
(g) Minimize the amount of soil exposed during construction activity, including the
disturbance of steep slopes.
ii. Practices for Other Common Pollutants
(a) Bulk storage, 55 gallons or greater, for petroleum products and other liquid
chemicals must have secondary containment, or equivalent protection, in order
to contain spills and to prevent spilled material from entering state waters.
(b) Control measures designed for concrete washout waste must be implemented.
This includes washout waste discharged to the ground as authorized under this
permit and washout waste from concrete trucks and masonry operations
contained on site. The permittee must ensure the washing activities do not
contribute pollutants to stormwater runoff, or receiving waters in accordance
Part I.A.1.b.ii. Discharges that may reach groundwater must flow through soil
PART I
Permit No.: COR400000
Page 8 of 33
that has buffering capacity prior to reaching groundwater, as necessary to
meet the effluent limits in this permit, including Part I.B.3.a. The concrete
washout location shall be not be located in an area where shallow
groundwater may be present and would result in buffering capacity not being
adequate, such as near natural drainages, springs, or wetlands. This permit
authorizes discharges to the ground of concrete washout waste.
iii. Stabilization Requirements
The following requirements must be implemented for each site.
(a) Temporary stabilization must be implemented for earth disturbing activities
on any portion of the site where ground disturbing construction activity has
permanently ceased, or temporarily ceased for more than 14 calendar days.
Temporary stabilization methods may include, but are not limited to, tarps,
soil tackifier, and hydroseed. The permittee may exceed the 14-day schedule
when either the function of the specific area of the site requires it to remain
disturbed, or, physical characteristics of the terrain and climate prevent
stabilization. The SWMP must document the constraints necessitating the
alternative schedule, provide the alternate stabilization schedule, and identify
all locations where the alternative schedule is applicable on the site map.
(b) Final stabilization must be implemented for all construction sites. Final
stabilization is reached when all ground surface disturbing activities at the
construction site are complete; and, for all areas of ground surface disturbing
activities, either a uniform vegetative cover with an individual plant density of
at least 70 percent of pre-disturbance levels is established, or equivalent
permanent alternative stabilization methods are implemented. The division
may approve alternative final stabilization criteria for specific operations.
(c) Final stabilization must be designed and installed as a permanent feature. Final
stabilization measures for obtaining a vegetative cover or alternative
stabilization methods include, but are not limited to, the following as
appropriate:
(1) Seed mix selection and application methods;
(2) Soil preparation and amendments;
(3) Soil stabilization methods (e.g., crimped straw, hydro mulch or rolled
erosion control products);
(4) Appropriate sediment control measures as needed until final stabilization is
achieved;
(5) Permanent pavement, hardscape, xeriscape, stabilized driving surfaces;
(6) Other alternative stabilization practices as applicable;
PART I
Permit No.: COR400000
Page 9 of 33
(d) The permittee(s) must ensure all temporary control measures are removed
from the construction site once final stabilization is achieved, except when the
control measure specifications allow the control measure to be left in place
(i.e., bio-degradable control measures).
Maintenance
The permittee must ensure that all control measures remain in effective operating
condition and are protected from activities that would reduce their effectiveness.
Control measures must be maintained in accordance with good engineering, hydrologic
and pollution control practices. Observations leading to the required maintenance of
control measures can be made during a site inspection, or during general observations
of site conditions. The necessary repairs or modifications to a control measure
requiring routine maintenance, as defined in Part I.E., must be conducted to maintain
an effective operating condition. This section is not subject to the requirements in
Part I.B.1.c. below.
Corrective Actions
The permittee must assess the adequacy of control measures at the site, and the need
for changes to those control measures, to ensure continued effective performance.
When an inadequate control measure, as defined in Part I.E., is identified (i.e., new or
replacement control measures become necessary), the following corrective action
requirements apply. The permittee is in noncompliance with the permit until the
inadequate control measure is replaced or corrected and returned to effective
operating condition in compliance with Part I.B.1. and the general requirements in
Part I.B.3. If the inadequate control measure results in noncompliance that meets the
conditions of Part II.L., the permittee must also meet the requirements of that
section.
i. The permittee must take all necessary steps to minimize or prevent the discharge
of pollutants, until a control measure is implemented and made operational and/or
an inadequate control measure is replaced or corrected and returned to effective
operating condition. If it is infeasible to install or repair of control measure
immediately after discovering the deficiency, the following must be documented
and kept on record in accordance with the recordkeeping requirements in Part II.
(a) Describe why it is infeasible to initiate the installation or repair immediately;
and
(b) Provide a schedule for installing or repairing the control measure and returning
it to an effective operating condition as soon as possible.
ii. If applicable, the permittee must remove and properly dispose of any unauthorized
release or discharge (e.g., discharge of non-stormwater, spill, or leak not
authorized by this permit.) The permittee must also clean up any contaminated
surfaces to minimize discharges of the material in subsequent storm events.
Discharges to an Impaired Waterbody
Total Maximum Daily Load (TMDL)
If the permittee’s discharge flows to or could reasonably be expected to flow to any
water body for which a TMDL has been approved, and stormwater discharges
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associated with construction activity were assigned a pollutant-specific Wasteload
Allocation (WLA) under the TMDL, the division may:
i. ensure the WLA is implemented properly through alternative local requirements,
such as by a municipal stormwater permit; or
ii. notify the permittee of the WLA and amend the permittee’s certification to add
specific effluent limits and other requirements, as appropriate. The permittee may
be required to do the following:
(a) under the permittee’s SWMP, implement specific control measures based on
requirements of the WLA, and evaluate whether the requirements are met
through implementation of existing stormwater control measures or if
additional control measures are necessary. Document the calculations or other
evidence demonstrating that the requirements are expected to be met; and
(b) if the evaluation shows that additional or modified control measures are
necessary, describe the type and schedule for the control measure additions or
modifications.
iii. 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.
General Requirements
Discharges authorized by this permit shall not cause, have the reasonable potential to
cause, or measurably contribute to an exceedance of any applicable water quality
standard, including narrative standards for water quality.
The division may require sampling and testing, on a case-by-case basis, in the event
that there is reason to suspect that the SWMP is not adequately minimizing pollutants
in stormwater or in order to measure the effectiveness of the control measures in
removing pollutants in the effluent. Such monitoring may include Whole Effluent
Toxicity testing.
The permittee must comply with the lawful requirements of federal agencies,
municipalities, counties, drainage districts and other local agencies including
applicable requirements in Municipal Stormwater Management Programs developed to
comply with CDPS permits. The permittee must comply with local stormwater
management requirements, policies and guidelines including those for erosion and
sediment control.
All construction site wastes must be properly managed to prevent potential pollution
of state waters. This permit does not authorize on-site waste disposal.
This permit does not relieve the permittee of the reporting requirements in 40 CFR
110, 40 CFR 117 or 40 CFR 302. Any discharge of hazardous material must be handled
in accordance with the division's Noncompliance Notification Requirements (see Part
II.L. of the permit).
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STORMWATER MANAGEMENT PLAN (SWMP) REQUIREMENTS
SWMP General Requirements
A SWMP shall be developed for each construction site covered by this permit. The
SWMP must be prepared in accordance with good engineering, hydrologic and pollution
control practices.
i. For public emergency related sites a SWMP shall be created no later than 14 days
after the commencement of construction activities.
The permittee must implement the provisions of the SWMP as written and updated,
from commencement of construction activity until final stabilization is complete. The
division may review the SWMP.
A copy of the SWMP must be retained onsite or be onsite when construction activities
are occurring at the site unless the permittee specifies another location and obtains
approval from the division.
SWMP Content
The SWMP, at a minimum, must include the following elements.
i. Qualified Stormwater Manager. The SWMP must list individual(s) by title and name
who are designated as the site’s qualified stormwater manager(s) responsible for
implementing the SWMP in its entirety. This role may be filled by more than one
individual.
ii. Spill Prevention and Response Plan. The SWMP must have a spill prevention and
response plan. The plan may incorporate by reference any part of a Spill
Prevention Control and Countermeasure (SPCC) plan under section 311 of the Clean
Water Act (CWA) or a Spill Prevention Plan required by a separate CDPS permit.
The relevant sections of any referenced plans must be available as part of the
SWMP consistent with Part I.C.4.
iii. Materials Handling. The SWMP must describe and locate all control measures
implemented at the site to minimize impacts from handling significant materials
that could contribute pollutants to runoff. These handling procedures can include
control measures for pollutants and activities such as, exposed storage of building
materials, paints and solvents, landscape materials, fertilizers or chemicals,
sanitary waste material, trash and equipment maintenance or fueling procedures.
iv. Potential Sources of Pollution. The SWMP must list all potential sources of pollution
which may reasonably be expected to affect the quality of stormwater discharges
associated with construction activity from the site. This shall include, but is not
limited to, the following pollutant sources:
(a) disturbed and stored soils;
(b) vehicle tracking of sediments;
(c) management of contaminated soils;
(d) loading and unloading operations;
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(e) outdoor storage activities (erodible building materials, fertilizers, chemicals,
etc.);
(f) vehicle and equipment maintenance and fueling;
(g) significant dust or particulate generating processes (e.g., saw cutting material,
including dust);
(h) routine maintenance activities involving fertilizers, pesticides, herbicides,
detergents, fuels, solvents, oils, etc.;
(i) on-site waste management practices (waste piles, liquid wastes, dumpsters);
(j) concrete truck/equipment washing, including washing of the concrete truck
chute and associated fixtures and equipment;
(k) dedicated asphalt, concrete batch plants and masonry mixing stations;
(l) non-industrial waste sources such as worker trash and portable toilets.
v. Implementation of Control Measures. The SWMP must include design specifications
that contain information on the implementation of the control measure in
accordance with good engineering hydrologic and pollution control practices;
including as applicable drawings, dimensions, installation information, materials,
implementation processes, control measure-specific inspection expectations, and
maintenance requirements.
The SWMP must include a documented use agreement between the permittee and
the owner or operator of any control measures located outside of the permitted
area, that are utilized by the permittee’s construction site for compliance with
this permit, but not under the direct control of the permittee. The permittee is
responsible for ensuring that all control measures located outside of their
permitted area, that are being utilized by the permittee’s construction site, are
properly maintained and in compliance with all terms and conditions of the permit.
The SWMP must include all information required of and relevant to any such
control measures located outside the permitted area, including location,
installation specifications, design specifications and maintenance requirements.
vi. Site Description. The SWMP must include a site description which includes, at a
minimum, the following:
(a) the nature of the construction activity at the site;
(b) the proposed schedule for the sequence for major construction activities and
the planned implementation of control measures for each phase. (e.g.:
clearing, grading, utilities, vertical, etc.);
(c) estimates of the total acreage of the site, and the acreage expected to be
disturbed by clearing, excavation, grading, or any other construction activities;
(d) a summary of any existing data used in the development of the construction
site plans or SWMP that describe the soil or existing potential for soil erosion;
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(e) a description of the percent of existing vegetative ground cover relative to the
entire site and the method for determining the percentage;
(f) a description of any allowable non-stormwater discharges at the site, including
those being discharged under a division low risk discharge guidance policy;
(g) a description of areas receiving discharge from the site. Including a description
of the immediate source receiving the discharge. If the stormwater discharge is
to a municipal separate storm sewer system, the name of the entity owning
that system, the location of the storm sewer discharge, and the ultimate
receiving water(s); and
(h) a description of all stream crossings located within the construction site
boundary.
vii. Site Map. The SWMP must include a site map which includes, at a minimum, the
following:
(a) construction site boundaries;
(b) flow arrows that depict stormwater flow directions on-site and runoff
direction;
(c) all areas of ground disturbance including areas of borrow and fill;
(d) areas used for storage of soil;
(e) locations of all waste accumulation areas, including areas for liquid, concrete,
masonry, and asphalt;
(f) locations of dedicated asphalt, concrete batch plants and masonry mixing
stations;
(g) locations of all structural control measures;
(h) locations of all non-structural control measures;
(i) locations of springs, streams, wetlands and other state waters, including areas
that require pre-existing vegetation be maintained within 50 feet of a receiving
water, where determined feasible in accordance with Part I.B.1.a.i.(d).; and
(j) locations of all stream crossings located within the construction site boundary.
viii. Final Stabilization and Long Term Stormwater Management. The SWMP must
describe the practices used to achieve final stabilization of all disturbed areas at
the site and any planned practices to control pollutants in stormwater discharges
that will occur after construction operations are completed. Including but not
limited to, detention/retention ponds, rain gardens, stormwater vaults, etc.
ix. Inspection Reports. The SWMP must include documented inspection reports in
accordance with Part ID.
SWMP Review and Revisions
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Permittees must keep a record of SWMP changes made that includes the date and
identification of the changes. The SWMP must be amended when the following occurs:
a change in design, construction, operation, or maintenance of the site requiring
implementation of new or revised control measures;
the SWMP proves ineffective in controlling pollutants in stormwater runoff in
compliance with the permit conditions;
control measures identified in the SWMP are no longer necessary and are removed;
and
corrective actions are taken onsite that result in a change to the SWMP.
For SWMP revisions made prior to or following a change(s) onsite, including revisions to
sections addressing site conditions and control measures, a notation must be included in
the SWMP that identifies the date of the site change, the control measure removed, or
modified, the location(s) of those control measures, and any changes to the control
measure(s). The permittee must ensure the site changes are reflected in the SWMP. The
permittee is noncompliant with the permit until the SWMP revisions have been made.
SWMP Availability
A copy of the SWMP must be provided upon request to the division, EPA, and any local
agency with authority for approving sediment and erosion plans, grading plans or
stormwater management plans within the time frame specified in the request. If the
SWMP is required to be submitted to any of these entities, the submission must include a
signed certification in accordance with Part I.A.3.e., certifying that the SWMP is complete
and compliant with all terms and conditions of the permit.
All SWMPs required under this permit are considered reports that must be available to the
public under Section 308(b) of the CWA and Section 61.5(4) of the CDPS regulations. The
permittee must 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.
SITE INSPECTIONS
Site inspections must be conducted in accordance with the following requirements. The
required inspection schedules are a minimum frequency and do not affect the permittee’s
responsibility to implement control measures in effective operating condition as prescribed in
the SWMP. Proper maintenance of control measures may require more frequent inspections.
Site inspections shall start within 7 calendar days of the commencement of construction
activities on site.
Person Responsible for Conducting Inspections
The person(s) inspecting the site may be on the permittee’s staff or a third party hired to
conduct stormwater inspections under the direction of the permittee(s). The permittee is
responsible for ensuring that the inspector is a qualified stormwater manager.
Inspection Frequency
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Permittees must conduct site inspections in accordance with one of the following
minimum frequencies, unless the site meets the requirements of Part ID.3
At least one inspection every 7 calendar days. Or
At least one inspection every 14 calendar days, if post-storm event inspections are
conducted within 24 hours after the end of any precipitation or snowmelt event that
causes surface erosion. Post-storm inspections may be used to fulfill the 14-day
routine inspection requirement.
When site conditions make the schedule required in this section impractical, the
permittee may petition the Division to grant an alternate inspection schedule. The
alternative inspection schedule may not be implemented prior to written approval by
the division and incorporation into the SWMP.
Inspection Frequency for Discharges to Outstanding Waters
Permittees must conduct site inspections at least once every 7 calendar days for sites that
discharge to a water body designated as an Outstanding Water by the Water Quality
Control Commission.
Reduced Inspection Frequency
The permittee may perform site inspections at the following reduced frequencies when
one of the following conditions exists:
Post-Storm Inspections at Temporarily Idle Sites
For permittees choosing to combine 14-day inspections and post-storm-event-
inspections, if no construction activities will occur following a storm event, post-storm
event inspections must be conducted prior to re-commencing construction activities,
but no later than 72 hours following the storm event. The delay of any post-storm
event inspection must be documented in the inspection record. Routine inspections
must still be conducted at least every 14 calendar days.
Inspections at Completed Sites/Areas
When the site, or portions of a site are awaiting establishment of a vegetative ground
cover and final stabilization, the permittee must conduct a thorough inspection of the
stormwater management system at least once every 30 days. Post-storm event
inspections are not required under this schedule. This reduced inspection schedule is
allowed if all of the following criteria are met:
i. all construction activities resulting in ground disturbance are complete;
ii. all activities required for final stabilization, in accordance with the SWMP, have
been completed, with the exception of the application of seed that has not
occurred due to seasonal conditions or the necessity for additional seed application
to augment previous efforts; and
iii. the SWMP has been amended to locate those areas to be inspected in accordance
with the reduced schedule allowed for in this paragraph.
Winter Conditions Inspections Exclusion
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Inspections are not required for sites that meet all of the following conditions:
construction activities are temporarily halted, snow cover exists over the entire site
for an extended period, and melting conditions posing a risk of surface erosion do not
exist. This inspection exception is applicable only during the period where melting
conditions do not exist, and applies to the routine 7-day, 14-day and monthly
inspections, as well as the post-storm-event inspections. When this inspection
exclusion is implemented, the following information must be documented in
accordance with the requirements in Part II:
i. dates when snow cover existed;
ii. date when construction activities ceased; and
iii. date melting conditions began.
Inspection Scope
Areas to be Inspected
When conducting a site inspection the following areas, if applicable, must be
inspected for evidence of, or the potential for, pollutants leaving the construction site
boundaries, entering the stormwater drainage system, or discharging to state waters:
i. construction site perimeter;
ii. all disturbed areas;
iii. designated haul routes;
iv. material and waste storage areas exposed to precipitation;
v. locations where stormwater has the potential to discharge offsite; and
vi. locations where vehicles exit the site.
Inspection Requirements
i. Visually verify whether all implemented control measures are in effective
operational condition and are working as designed in their specifications to
minimize pollutant discharges.
ii. Determine if there are new potential sources of pollutants.
iii. Assess the adequacy of control measures at the site to identify areas requiring new
or modified control measures to minimize pollutant discharges.
iv. Identify all areas of non–compliance with the permit requirements and, if
necessary, implement corrective action in accordance with Part IB.1.c.
Inspection Reports
The permittee must keep a record of all inspections conducted for each permitted
site. Inspection reports must identify any incidents of noncompliance with the terms
and conditions of this permit. Inspection records must be retained in accordance with
Part II.O. and signed in accordance with Part I.A.3.f. At a minimum, the inspection
report must include:
i. the inspection date;
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ii. name(s) and title(s) of personnel conducting the inspection;
iii. weather conditions at the time of inspection;
iv. phase of construction at the time of inspection;
v. estimated acreage of disturbance at the time of inspection
vi. location(s) of discharges of sediment or other pollutants from the site;
vii. location(s) of control measures needing maintenance;
viii. location(s) and identification of inadequate control measures;
ix. location(s) and identification of additional control measures are needed that were
not in place at the time of inspection;
x. description of the minimum inspection frequency (either in accordance with Part
I.D.2., I.D.3. or I.D.4.) utilized when conducting each inspection.
xi. deviations from the minimum inspection schedule as required in Part I.D.2.;
xii. after adequate corrective action(s) and maintenance have been taken, or where a
report does not identify any incidents requiring corrective action or maintenance,
the report shall contain a statement as required in Part I.A.3.f.
DEFINITIONS
For the purposes of this permit:
(1) Bypass - the intentional diversion of waste streams from any portion of a treatment facility in
accordance with 40 CFR 122.41(m)(1)(i) and Regulation 61.2(12).
(2) Common Plan of Development or Sale - A contiguous area where multiple separate and distinct
construction activities may be taking place at different times on different schedules, but remain
related. The Division has determined that “contiguous” means construction activities located in
close proximity to each other (within ¼ mile). Construction activities are considered to be
“related” if they share the same development plan, builder or contractor, equipment, storage
areas, etc. “Common plan of development or sale” includes construction activities that are
associated with the construction of field wide oil and gas permits for facilities that are related.
(3) Construction Activity - Ground surface disturbing and associated activities (land disturbance),
which include, but are not limited to, clearing, grading, excavation, demolition, installation of new
or improved haul roads and access roads, staging areas, stockpiling of fill materials, and borrow
areas. Construction does not include routine maintenance to maintain the original line and grade,
hydraulic capacity, or original purpose of the facility. Activities to conduct repairs that are not part
of routine maintenance or for replacement are construction activities and are not routine
maintenance. Repaving activities where underlying and/or surrounding soil is exposed as part of
the repaving operation are considered construction activities. Construction activity is from initial
ground breaking to final stabilization regardless of ownership of the construction activities.
(4) Control Measure - Any best management practice or other method used to prevent or reduce the
discharge of pollutants to state waters. Control measures include, but are not limited to, best
management practices. Control measures can include other methods such as the installation,
operation, and maintenance of structural controls and treatment devices.
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(5) Control Measure Requiring Routine Maintenance - Any control measure that is still operating in
accordance with its design and the requirements of this permit, but requires maintenance to
prevent a breach of the control measure. See also inadequate control measure.
(6) Dedicated Asphalt, Concrete Batch Plants and Masonry Mixing Stations – are batch plants or mixing
stations located on, or within ¼ mile of, a construction site and that provide materials only to that
specific construction site.
(7) Final Stabilization - The condition reached when all ground surface disturbing activities at the site
have been completed, and for all areas of ground surface disturbing activities where a uniform
vegetative cover has been established with an individual plant density of at least 70 percent of pre-
disturbance levels, or equivalent permanent, physical erosion reduction methods have been
employed.
(8) Good Engineering, Hydrologic and Pollution Control Practices: are methods, procedures, and
practices that:
a. Are based on basic scientific fact(s).
b. Reflect best industry practices and standards.
c. Are appropriate for the conditions and pollutant sources.
d. Provide appropriate solutions to meet the associated permit requirements, including practice
based effluent limits.
(9) Inadequate Control Measure - Any control measure that is not designed or implemented in
accordance with the requirements of the permit and/or any control measure that is not
implemented to operate in accordance with its design. See also Control Measure Requiring Routine
Maintenance.
(10) Infeasible – Not technologically possible, or not economically practicable and achievable in light of
best industry practices.
(11) Minimize - reduce or eliminate to the extent achievable using control measures that are
technologically available and economically practicable and achievable in light of best industry
practice.
(12) Municipality - A city, town, county, district, association, or other public body created by, or under,
State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or a
designated and approved management agency under section 208 of CWA (1987).
(13) Municipal Separate Storm Sewer System (MS4) - A conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains):
a) owned or operated by a State, city, town, county, district, association, or other public body
(created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial
wastes, stormwater, or other wastes, including special districts under State law such as a
sewer district, flood control district or drainage district, or similar entity, or a designated and
approved management agency under section 208 of the CWA that discharges to state waters;
i. designed or used for collecting or conveying stormwater;
ii. are not a combined sewer; and
iii. are not part of a Publicly Owned Treatment Works (POTW). See 5 CCR 1002-61.2(62).
(14) Municipal Stormwater Management Program - A stormwater program operated by a municipality,
typically to meet the requirements of the municipalities MS4 discharge certification.
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(15) Operator - The party that has operational control over day-to-day activities at a project site which
are necessary to ensure compliance with the permit. This party is authorized to direct individuals
at a site to carry out activities required by the permit.(e.g. the general contractor)
(16) Owner - The party that has overall control of the activities and that has funded the implementation
of the construction plans and specifications. This is the party with ownership of, a long term lease
of, or easements on the property on which the construction activity is occurring (e.g., the
developer).
(17) Permittee(s) - The owner and operator named in the discharge certification issued under this
permit for the construction site specified in the certification.
(18) Point Source - Any discernible, confined, and discrete conveyance, including, but not limited to,
any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are
or may be discharged. Point source does not include irrigation return flow. See 5 CCR 102-61.2(75).
(19) 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. See
5 CCR 1002-61.2(76).
(20) Presentation of credentials – a government issued form of identification, if in person; or (ii)
providing name, position and purpose of inspection if request to enter is made via telephone, email
or other form of electronic communication. A Permittee’s non-response to a request to enter upon
presentation of credentials constitutes a denial to such request, and may result in violation of the
Permit.
(21) Process Water - Any water which, during manufacturing or processing, comes into contact with or
results from the production of any raw material, intermediate product, finished product, by
product or waste product.
(22) Public Emergency Related Site - a project initiated in response to an unanticipated emergency
(e.g., mud slides, earthquake, extreme flooding conditions, disruption in essential public services),
for which the related work requires immediate authorization to avoid imminent endangerment to
human health or the environment, or to reestablish essential public services.
(23) Qualified Stormwater Manager - An individual knowledgeable in the principles and practices of
erosion and sediment control and pollution prevention, and with the skills to assess conditions at
construction sites that could impact stormwater quality and to assess the effectiveness of
stormwater controls implemented to meet the requirements of this permit.
(24) Qualifying Local Program - A municipal program for stormwater discharges associated with small
construction activity that was formally approved by the division as a qualifying local program.
(25) Receiving Water - Any classified or unclassified surface water segment (including tributaries) in the
State of Colorado into which stormwater associated with construction activities discharges. This
definition includes all water courses, even if they are usually dry, such as borrow ditches, arroyos,
and other unnamed waterways.
(26) Severe Property Damage - substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays in production. See 40 CFR 122.41(m)(1)(ii).
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(27) Significant Materials - Include, but 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 CERCLA;
any chemical the permittee is required to report under section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA); fertilizers; pesticides; and waste products such as
ashes, slag and sludge that have the potential to be released with stormwater discharges.
(28) Small Construction Activity - The discharge of stormwater from construction activities that result in
land disturbance of equal to, or greater than, one acre and less than five acres. Small construction
activity also includes the disturbance of less than one acre of total land area that is part of a larger
common plan of development or sale, if the larger common plan ultimately disturbs equal to, or
greater than, one acre and less than five acres.
(29) Spill - An unintentional release of solid or liquid material which may pollute state waters.
(30) State Waters - means any and all surface and subsurface waters which are contained in or flow in
or through this state, but does not include waters in sewage systems, waters in treatment works of
disposal systems, waters in potable water distribution systems, and all water withdrawn for use
until use and treatment have been completed.
(31) Steep Slopes: where a local government, or industry technical manual (e.g., stormwater BMP
manual) has defined what is to be considered a “steep slope”, this permit’s definition
automatically adopts that definition. Where no such definition exists, steep slopes are
automatically defined as those that are 3:1 or greater.
(32) Stormwater - Precipitation runoff, snow melt runoff, and surface runoff and drainage. See 5 CCR
1002-61.2(103).
(33) Total Maximum Daily Loads (TMDLs) -The sum of the individual wasteload allocations (WLA) for
point sources and load allocations (LA) for nonpoint sources and natural background. For the
purposes of this permit, a TMDL is a calculation of the maximum amount of a pollutant that a
waterbody can receive and still meet water quality standards, and an allocation of that amount to
the pollutant's sources. A TMDL includes WLAs, LAs, and must include a margin of safety (MOS), and
account for seasonal variations. See section 303(d) of the CWA and 40 C.F.R. 130.2 and 130.7.
(34) 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 operation in accordance with 40 CFR 122.41(n) and Regulation 61.2(114).
MONITORING
The division may require sampling and testing, on a case-by-case basis. If the division requires
sampling and testing, the division will send a notification to the permittee. Reporting
procedures for any monitoring data collected will be included in the notification.
If monitoring is required, the following applies:
1. the thirty (30) day average must be determined by the arithmetic mean of all samples
collected during a thirty (30) consecutive-day period; and
2. a grab sample, for monitoring requirements, is a single “dip and take” sample.
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Oil and Gas Construction
Stormwater discharges associated with construction activities directly related to oil and gas
exploration, production, processing, and treatment operations or transmission facilities are
regulated under the Colorado Discharge Permit System Regulations (5 CCR 1002-61), and
require coverage under this permit in accordance with that regulation. However, references
in this permit to specific authority under the CWA do not apply to stormwater discharges
associated with these oil and gas related construction activities, to the extent that the
references are limited by the federal Energy Policy Act of 2005.
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Part II: Standard Permit Conditions
DUTY TO COMPLY
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Water Quality Control Act and is grounds for:
enforcement action;
permit termination, revocation and reissuance, or modification; or
denial of a permit renewal application.
DUTY TO REAPPLY
If the permittee wishes to continue an activity regulated by this permit after the expiration
date of this permit, the permittee must apply for and obtain authorization as required by Part
I.A.3.k. of the permit.
NEED TO HALT OR REDUCE ACTIVITY NOT A DEFENSE
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
conditions of this permit.
DUTY TO MITIGATE
A permittee must take all reasonable steps to minimize or prevent any discharge in violation
of this permit which has a reasonable likelihood of adversely affecting human health or the
environment.
PROPER OPERATION AND MAINTENANCE
A permittee must at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) that are installed or used by the
permittee to achieve compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures. This provision requires the operation of backup or auxiliary facilities or similar
systems which are installed by the permittee only when the operation is necessary to achieve
compliance with the conditions of this permit. This requirement can be met by meeting the
requirements for Part I.B., I.C., and I.D. above. See also 40 C.F.R. § 122.41(e).
PERMIT ACTIONS
This permit may be modified, revoked and reissued, or terminated for cause. The permittee
request for a permit modification, revocation and reissuance, or termination, or a notification
of planned changes or anticipated noncompliance does not stay any permit condition. Any
request for modification, revocation, reissuance, or termination under this permit must
comply with all terms and conditions of Regulation 61.8(8).
PROPERTY RIGHTS
In accordance with 40 CFR 122.41(g) and 5 CCR 1002-61, 61.8(9):
1. The issuance of a permit does not convey any property or water rights in either real or
personal property, or stream flows or any exclusive privilege.
PART II
Permit No.: COR400000
Page 23 of 33
2. The issuance of a permit does not authorize any injury to person or property or any
invasion of personal rights, nor does it authorize the infringement of federal, state, or
local laws or regulations.
3. Except for any toxic effluent standard or prohibition imposed under Section 307 of the
Federal act or any standard for sewage sludge use or disposal under Section 405(d) of the
Federal act, compliance with a permit during its term constitutes compliance, for
purposes of enforcement, with Sections 301, 302, 306, 318, 403, and 405(a) and (b) of the
Federal act. However, a permit may be modified, revoked and reissued, or terminated
during its term for cause as set forth in Section 61.8(8) of the Colorado Discharge Permit
System Regulations.
DUTY TO PROVIDE INFORMATION
The permittee shall furnish to the division, within a reasonable time, any information which
the division may request to determine whether cause exists for modifying, revoking and
reissuing, or terminating 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 in accordance with 40 CFR 122.41(h) and/or Regulation 61.8(3)(q).
INSPECTION AND ENTRY
The permittee shall allow the division and the authorized representative, upon the
presentation of credentials as required by law, to allow for inspections to be conducted in
accordance with 40 CFR 122.41(i), Regulation 61.8(3), and Regulation 61.8(4):
1. to enter upon the permittee's premises where a regulated facility or activity is located or
in which any records are required to be kept under the terms and conditions of this
permit;
2. at reasonable times to have access to and copy any records required to be kept under the
terms and conditions of this permit;
3. at reasonable times, inspect any monitoring equipment or monitoring method required in
the permit; and
4. to enter upon the permittee's premises in a reasonable manner and at a reasonable time
to inspect or investigate, any actual, suspected, or potential source of water pollution, or
any violation of the Colorado Water Quality Control Act. The investigation may include:
sampling of any discharges, stormwater or process water, taking of photographs,
interviewing site staff on alleged violations and other matters related to the permit, and
assessing any and all facilities or areas within the site that may affect discharges, the
permit, or an alleged violation.
The permittee shall provide access to the division or other authorized representatives upon
presentation of proper credentials. A permittee’s non-response to a request to enter upon
presentation of credentials constitutes a denial of such request, and may result in a
violation of the permit.
MONITORING AND RECORDS
1. Samples and measurements taken for the purpose of monitoring must be representative of
the volume and nature of the monitored activity.
PART II
Permit No.: COR400000
Page 24 of 33
2. The permittee must retain records of all monitoring information, including all calibration
and maintenance records and all original strip chart recordings for continuous monitoring
instrumentation, copies of all reports required by this permit, and records of all data used
to complete the application for this permit, for a period of at least three years from the
date the permit expires or the date the permittee’s authorization is terminated. This
period may be extended by request of the division at any time.
3. Records of monitoring information must include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
4. Monitoring must be conducted according to test procedures approved under 40 CFR Part
136, unless other test procedures have been specified in the permit.
SIGNATORY REQUIREMENTS
Authorization to Sign:
All documents required to be submitted to the division by the permit must be signed in
accordance with the following criteria:
For a corporation: By a responsible corporate officer. For the purpose of this
subsection, a responsible corporate officer means:
i. a president, secretary, treasurer, or vice president of the corporation in charge of
a principal business function, or any other person who performs similar policy- or
decision-making functions for the corporation, or
ii. the manager of one or more manufacturing, production, or operating facilities,
provided, the manager is authorized to make management decisions which govern
the operation of the regulated facility including having the explicit or implicit duty
of making major capital investment recommendations, and initiating and directing
other comprehensive measures to assure long term environmental compliance with
environmental laws and regulations; the manager can ensure that the necessary
systems are established or actions taken to gather complete and accurate
information for permit application requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance with
corporate procedures.
For a partnership or sole proprietorship: By a general partner or the proprietor,
respectively; or
For a municipality, state, federal, or other public agency: By either a principal
executive officer or ranking elected official. For purposes of this subsection, a
principal executive officer of a federal agency includes
i. (i) the chief executive officer of the agency, or
PART II
Permit No.: COR400000
Page 25 of 33
ii. (ii) a senior executive officer having responsibility for the overall operations of a
principal geographic unit of the agency. (e.g., Regional Administrator of EPA)
Electronic Signatures
For persons signing applications for coverage under this permit electronically, in
addition to meeting other applicable requirements stated above, such signatures must
meet the same signature, authentication, and identity-proofing standards set forth at
40 CFR § 3.2000(b) for electronic reports (including robust second-factor
authentication). Compliance with this requirement can be achieved by submitting the
application using the Colorado Environmental Online Service (CEOS) system.
Change in Authorization to Sign
If an authorization is no longer accurate because a different individual or position has
responsibility for the overall operation of the facility, a new authorization must be
submitted to the division, prior to the re-authorization, or together with any reports,
information, or applications to be signed by an authorized representative.
REPORTING REQUIREMENTS
Planned Changes
The permittee shall give advance notice to the division, in writing, of any planned
physical alterations or additions to the permitted facility in accordance with 40 CFR
122.41(l) and Regulation 61.8(5)(a). Notice is required only when:
The alteration or addition to a permitted facility may meet one of the criteria for
determining whether a facility is a new source in 40 CFR 122.29(b); or
The alteration or addition could significantly change the nature or increase the
quantity of pollutants discharged. This notification applies to pollutants which are
subject neither to effluent limitations in the permit, nor to notification requirements
under 40 CFR 122.41(a)(1).
Anticipated Non-Compliance
The permittee shall give advance notice to the division, in writing, of any planned
changes in the permitted facility or activity that may result in noncompliance with
permit requirements. The timing of notification requirements differs based on the type
of non-compliance as described in subparagraphs 5, 6, 7, and 8 below.
Transfer of Ownership or Control
The permittee shall notify the division, in writing, ten (10) calendar days in advance of a
proposed transfer of the permit. This permit is not transferable to any person except
after notice is given to the division.
PART II
Permit No.: COR400000
Page 26 of 33
Where a facility wants to change the name of the permittee, the original permittee
(the first owner or operators) must submit a Notice of Termination.
The new owner or operator must submit an application. See also signature
requirements in Part II.K, above.
A permit may be automatically transferred to a new permittee if:
i. The current permittee notifies the Division in writing 30 calendar days in advance
of the proposed transfer date; and
ii. The notice includes a written agreement between the existing and new
permittee(s) containing a specific date for transfer of permit responsibility,
coverage and liability between them; and
iii. The division does not notify the existing permittee and the proposed new
permittee of its intent to modify, or revoke and reissue the permit.
iv. Fee requirements of the Colorado Discharge Permit System Regulations, Section
61.15, have been met.
Monitoring reports
Monitoring results must be reported at the intervals specified in this permit per the
requirements of 40 CFR 122.41(l)(4).
Compliance Schedules
Reports of compliance or noncompliance with, or any progress reports on, interim and
final requirements contained in any compliance schedule in the permit, shall be
submitted on the date listed in the compliance schedule section. The fourteen (14)
calendar day provision in Regulation 61.8(4)(n)(i) has been incorporated into the due
date.
Twenty-four hour reporting
In addition to the reports required elsewhere in this permit, the permittee shall report
the following circumstances orally within twenty-four (24) hours from the time the
permittee becomes aware of the circumstances, and shall mail to the division a written
report containing the information requested within five (5) working days after becoming
aware of the following circumstances:
Circumstances leading to any noncompliance which may endanger health or the
environment regardless of the cause of the incident;
Circumstances leading to any unanticipated bypass which exceeds any effluent
limitations in the permit;
Circumstances leading to any upset which causes an exceedance of any effluent
limitation in the permit;
PART II
Permit No.: COR400000
Page 27 of 33
Daily maximum violations for any of the pollutants limited by Part I of this permit.
This includes any toxic pollutant or hazardous substance or any pollutant specifically
identified as the method to control any toxic pollutant or hazardous substance.
The division may waive the written report required under subparagraph 6 of this
section if the oral report has been received within 24 hours.
Other non-compliance
A permittee must report all instances of noncompliance at the time monitoring reports
are due. If no monitoring reports are required, these reports are due at least annually
in accordance with Regulation 61.8(4)(p). The annual report must contain all instances
of non-compliance required under either subparagraph 5 or subparagraph 6 of this
subsection.
Other information
Where a permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application, or in any report
to the Permitting Authority, it has a duty to promptly submit such facts or information.
BYPASS
Bypass not exceeding limitations
The permittees may allow any bypass to occur which does not cause effluent limitations
to be exceeded, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provisions of Part II.M.2 of this permit.
See 40 CFR 122.41(m)(2).
Notice of bypass
Anticipated bypass. If the permittee knows in advance of the need for a bypass, the
permittee must submit prior notice, if possible at least ten days before the date of
the bypass. ee 40 CFR §122.41(m)(3)(i) and/or Regulation 61.9(5)(c).
Unanticipated bypass. The permittee must submit notice of an unanticipated bypass
in accordance with Part II.L.6. See 40 CFR §122.41(m)(3)(ii) .
Prohibition of Bypass
Bypasses are prohibited and the division may take enforcement action against the
permittee for bypass, unless:
i. the bypass is unavoidable to prevent loss of life, personal injury, or severe
property damage;
PART II
Permit No.: COR400000
Page 28 of 33
ii. There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate backup
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
iii. proper notices were submitted to the division.
UPSET
Effect of an upset
An upset constitutes an affirmative defense to an action brought for noncompliance with
permit effluent limitations if the requirements of Part II.N.2. of this permit 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 in accordance with Regulation 61.8(3)(j).
Conditions necessary for demonstration of an 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
an upset occurred and the permittee can identify the specific cause(s) of the upset;
the permitted facility was at the time being properly operated and maintained; and
the permittee submitted proper notice of the upset as required in Part II.L.6.(24-
hour notice); and
the permittee complied with any remedial measure necessary 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. 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 upon
water quality standards shall also demonstrate through monitoring, modeling or
other methods that the relevant standards were achieved in the receiving water.
Burden of Proof
In any enforcement proceeding, the permittee seeking to establish the occurrence of an
upset has the burden of proof.
RETENTION OF RECORDS
Post-Expiration or Termination Retention
Copies of documentation required by this permit, including records of all data used to
complete the application for permit coverage to be covered by this permit, must be
PART II
Permit No.: COR400000
Page 29 of 33
retained for at least three years from the date that permit coverage expires or is
terminated. This period may be extended by request of EPA at any time.
On-site Retention
The permittee must retain an electronic version or hardcopy of the SWMP at the
construction site from the date of the initiation of construction activities to the date of
expiration or inactivation of permit coverage; unless another location, specified by the
permittee, is approved by the division.
REOPENER CLAUSE
Procedures for modification or revocation
Permit modification or revocation of this permit or coverage under this permit will be
conducted according to Regulation 61.8(8).
Water quality protection
If there is evidence indicating that the stormwater discharges authorized by this permit
cause, have the reasonable potential to cause or contribute to an excursion above any
applicable water quality standard, the permittee may be required to obtain an individual
permit, or the permit may be modified to include different limitations and/or
requirements.
SEVERABILITY
The provisions of this permit are severable. If any provisions or the application of any
provision of this permit to any circumstances, is held invalid, the application of such provision
to other circumstances and the application of the remainder of this permit shall not be
affected.
NOTIFICATION REQUIREMENTS
Notification to Parties
All notification requirements, excluding information submitted using the CEOS portal,
shall be directed as follows:
Oral Notifications, during normal business hours shall be to:
Clean Water Compliance Section
Water Quality Control Division
Telephone: (303) 692-3500
Written notification shall be to:
Clean Water Compliance Section
Water Quality Control Division
Colorado Department of Public Health and Environment
WQCD-WQP-B2
4300 Cherry Creek Drive South
Denver, CO 80246-1530
PART II
Permit No.: COR400000
Page 30 of 33
RESPONSIBILITIES
Reduction, Loss, or Failure of Treatment Facility
The permittee has the duty to halt or reduce any activity if necessary to maintain
compliance with the effluent limitations of the permit. It shall not be a defense for a
permittee in an enforcement action that it would be necessary to halt or reduce the
permitted activity in order to maintain compliance with the conditions of this permit.
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under Section 311 (Oil and Hazardous Substance Liability) of
the CWA.
Emergency Powers
Nothing in this permit shall be construed to prevent or limit application of any emergency
power of the division.
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 Water Quality Control Commission or the division, but shall be kept
confidential. Any person seeking to invoke the protection of of this section shall bear the
burden of proving its applicability. This section shall never be interpreted as preventing full
disclosure of effluent data.
Fees
The permittee is required to submit payment of an annual fee as set forth in the 2016
amendments to the Water Quality Control Act. Section 25-8-502 (1.1) (b), and the Colorado
Discharge Permit System Regulations 5 CCR 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. seq., C.R.S.1973 as amended.
Duration of Permit
The duration of a permit shall be for a fixed term and shall not exceed five (5) years. If the
permittee desires to continue to discharge, a permit renewal application shall be submitted
at least ninety (90) calendar days before this permit expires. Filing of a timely and complete
application shall cause the expired permit to continue in force to the effective date of the
new permit. The permit's duration may be extended only through administrative extensions
and not through interim modifications. 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 permit in accordance with Part I.A.3.i.
Section 307 Toxics
If a toxic effluent standard or prohibition, including any applicable schedule of compliance
specified, is established by regulation pursuant to Section 307 of the Federal Act for a toxic
pollutant which is present in the permittee's discharge and such standard or prohibition is
more stringent than any limitation upon such pollutant in the discharge permit, the division
PART II
Permit No.: COR400000
Page 31 of 33
shall institute proceedings to modify or revoke and reissue the permit to conform to the toxic
effluent standard or prohibition
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
December 19, 2014
Chevron USA Inc
Michael DeBerry, Rcky Mnt Area Mgr
760 Horizon Dr Ste 401
Grand Junction, CO 81506
mkdeberry@chevron.com
Dear Mr./Ms. DeBerry,
The Water Quality Control Division (Division) received your application for a modification to your permit
COR037787 on 12/9/2014. The application is in regards to a discharge authorized from Skinner Ridge
Natural Gas Wells located at Tom/Clear Creek in Skinner Ridge area, Uninc. The Division reviewed the
application and considers it complete – The modification will be filed with the Certification and
associated materials.
Sincerely,
Karen Harford, Administrative Assistant III
WATER QUALITY CONTROL DIVISION
cc: jjustus@chevron.com
File Copy
s~",~,~,~D1?~l?~Elld Jlij:.A4 Ul5 / /:;1/’1 lIt;
Colorado Department of Public Health & Environment
Water Quality Control Division
WQCD-P-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
FOR AGENCY USE ONLY
REC
EFF
YEAR MONTH DA Y
Amendment notice for
Oil and Gas Construction Field Permit Certification
CONSTRUCTION STORMW ATER DISCHARGE GENERAL PERMIT CERTIFICATION
Please print or type. Form must be filled out completely.
Certification Number: COR-03 7787
Received
DEe 09 2014
Permittee (Company) Name: Chevron U.S.A. Inc.
Permittee Address: 760 Horizon Drive, Suite 401
Phone No. 970-257-6007
Water Quality Control
Field Permit Certification Information (refer to your permit certification):
Field Permit SitelFacility Name:
Skinner Ridge Natural Gas Wells
County(s): Garfield
Contact Person: Julie Justus
Contact Person Phone No.: 970-257-6042 Contact Person Email: jjustus@chevron.com
Information on Area to be Excluded from Permit Coverage:
Site Map:Must include Site Map indicating the boundaries of the area to be excluded from permit coverage.
Refer to the Site Map Instructions on page ii of this form. Maps must be folded to 8~ x 11 inches.
Map enclosed? Ye~1’1 NoD
Summary of work performed and description of final stabilization for the area shown in the attached map:
The slopes of the following disturbances have been revegetated to at least 70% pre-disturbance ground coverage: 597-EM1 (Mesa Learning Pad), 597-Q3-AEF Delivery Facility, 598-08-AV & Access,
598-25-4 Compressor Site & Acc:ess, 598-25-AV & Access, 598-25-BV, 598-25-CV, 598-35-BV, 598-36-AV Service Pad, 598-36-AV & Access, 598-35-BV, 698..Q4-AV, 698-9-BV, 698-11-AV. 698-12.AV, 698.12-BV, 698-12-CV,
698.16-A V, Central Processing Facility, Clear Creek Road Sections 8-15, 30~ Export Pipeline, 26-A V Pipeline, and Clear Creek Pipelne. Graveled working/driving surfaces remain.on well pads and roads.
I certify under penalty of law that by the date of my signature below, at the identified construction site area, all disturbed soils have
been finally stabilized; all temporary erosion and sediment control measures have been removed; all construction and equipment
maintenance wastes have been disposed of properly; and all elements of the Stormwater Management Plan have been completed.
I understand that by submitting this notice of amendment, I am no longer authorized to discharge stormwater associated with
construction activity by the general permit, for this specific area. I understand that discharging pollutants in stormwater associated
with construction activities to the waters of the State of Colorado, where such discharges are not authorized by a CDPS permit, is
unlawful under the Colorado Water Quality Control Act and the Clean Water Act.
I certify under penalty of law that I have personally examined and am familiar with the information submitted herein, and based on my
inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and
complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and
imprisonment. (See 18 U.S.C 1001 and 33 U.S.c. 1319.)
~,(.:r...,1~ Signature of ermlt ApplIcant (Legally ResponSible Party)
Michael DeBerry
Name (printed)
I z., {’ ~II fY
Date Signed
Rocky Mountain Area Manager
Title
12/08/0Gcoverageamend
..
Legend
D Skinner Ridge Project Site
D Pad Disturbance Area
o Well Pad - Active CDPHE
. Well Pad - 12-2014 Termination
- Access Road - Active CDPHE c:::J StreamRiver
- Access Road - 12-2014 Termination LakePond
Access Road - Previously Terminated Potential Wetland
- Canal Ditch - Highways
StreamlRiver - Ephemeral - Major Roads
Stream/River - Intermittent - local Roads
N
W~E
Pipeline - Active CDPHE o SpringSeep - Stream/River - Perennial
o 0.5 1.5
Miles
2
. Well Pad - Previously Terminated - Pipeline - 12-2014 Termination
--
PROJECT NO:013-124<1 FIGURE
ASSOCIATES
760 HORIZON DRIVE, SUITE 102
GRANO JUNCTION, CO 81506
TEL 970.263.7800
FAX 970.263.7-456
DR.WVN BY;
STORMWATER PROJECT SITE OVERVIEW
MAP 1 OF 2 - SKINNER RIDGE
CHEVRON USA INC.
GARFIELD COUNTY. COLORADO
o\’OLSSON@
DATE:121021201.
SCANN~D 1Z/ZZ/Z 14 8:44:14
Legend
. Well Pad . Active CDPHE 0 SpringSeep
- Access Road . Active COPHE - Canal Ditch
D StreamRiver
U lakePond
Potential Wetland
o 0.5 1.5
Miles
2
N
W~EStrearnlRiver. Ephemeral
StrearnlRiver. Intermittent
- Stream/River - Perennial
- Highways
- Major Roads
- Local Roads
- -
PROJECT NO:013-1244 FIGURE
ORA\I\IN BY:
STORMWATER PROJECT SITE OVERVIEW
MAP 2 OF 2 - SOUTH CANYON
CHEVRON USA INC.
GARFIELD COUNTY, COLORAOO
o\’OLSSON@
ASSOCIATES
760 HORIZON DRIVE, SUITE 102
GRANO JUNCTION. CO 81506
TEL 970.263.7800
FAX 970 263.7456 2
DATE:0511612014
June 27, 2014
Chevron USA Inc
Michael DeBerry, Rcky Mnt Area Mgr
760 Horizon Dr Ste 401
Grand Junction, CO 81506
mkdeberry@chevron.com
Dear Mr./Ms. DeBerry,
The Water Quality Control Division (Division) received your application for a modification to your permit
COR037787 on 6/23/2014. The application is in regards to a discharge authorized from Skinner Ridge
Natural Gas Wells located at Tom/Clear Creek in Skinner Ridge area, Uninc. The Division reviewed the
application and considers it complete – The modification will be filed with the Certification and
associated materials.
Sincerely,
Karen Harford, Administrative Assistant III
WATER QUALITY CONTROL DIVISION
cc: jjustus@chevron.com
File Copy
SCAN~~PU1~JCf1k~~JAc;t~!t:l ~:u4~ Health & Environment
-/ /Q’J-
FOR AGENCY USE ONLY
,_
Water. Quality Control Division Re e" d WQCD-P-B2 C Ive REC
4300 Cherry Creek Drive South JUN 2 3 2014
EFF
Denver, Colorado 80246-1530 YEAR MONTH DAY
0.) d G C~’Om~~.t{t’8r. C .fi .
I an as onstructlOn’’1fi (fPermIt ert! lcahon
CONSTRUCTION STORMW A TER DISCHARGE GENERAL PERMIT CERTIFICATION
Please print or type. Form must be filled out completely.
Certification Number: COR-03 7787
Permittee (Company) Name: Chevron U.S.A. Inc.
Permittee Address: 760 Horizon Drive, Suite 401
Phone No. 970-257-6007
Field Permit Certification Information (refer to your permit certification):
Field Permit SitelFacility Name:
Skinner Ridge Natural Gas Wells
County(s): Garfield
Contact Person: Julie Justus
Contact Person Phone No.: 970-257-6042 Contact Person Email: jjustus@chevron.com
Information on Area to be Excluded from Permit Coverage:
Site Map:Must include Site Map indicating the boundaries of the area to be excluded from permit coverage.
Refer to the Site Map Instructions on page ii of this form. Maps must be folded to 8’li x 11 inches.
Map enclosed? Ye~"1 NoD
Summary of work performed and description of final stabilization for the area shown in the attached map:
The slopes of the following well pads and access roads have been revegetated to at least 70% pre-disturbance ground coverage: 698-22-AV, Deer Gulch
Road Sections 1-5, Hiner Gate Field Office, 598-36-1, 30" Pipeline Origin, 598-35-AV, and 598-35-AV Access. Graveled working/driving surfaces remain.
I certify under penalty of law that by the date of my signature below, at the identified construction site area, all disturbed soils have
been fmally stabilized; all temporary erosion and sediment control measures have been removed; all construction and equipment
maintenance wastes have been disposed of properly; and all elements of the Stormwater Management Plan have been completed.
I understand that by submitting this notice of amendment, I am no longer authorized to discharge stormwater associated with
construction activity by the general permit, for this specific area. I understand that discharging pollutants in stormwater associated
with construction activities to the waters of tbe State of Colorado, where such discharges are not authorized by a CDPS permit, is
unlawful under the Colorado Water Quality Control Act and the Clean Water Act.
I certify under penalty of law tbat I have personally examined and am familiar with the information submitted herein, and based on my
inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and
complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and
imprisonment. (See 18 U.S.C 1001 and 33 U.s.e. 1319.)
111)( (?".9
Signature Permit Applicant (Legally Responsible Party)
Michael DeBerry
Name (printed)
() (pI/’ll’
Date Signed
Rocky Mountain Area Manager
Title
12/08/0Gcoverageamend
Legend
D Skinner Ridge Project Site
o Pad Disturbance Area
o Well Pad - Active CDPHE
. Well Pad - 6-2014 Tennination
- Access Road - Active CDPHE 0 StreamRiver - Canal Ditch - Highways
- Access Road - 6-2014 Termination LakePond Stream/River - Ephemeral - Major Roads
- Pipeline - Active CDPHE Potential Wetland Stream/River - Intermittent - Local Roads
N
W~E
o SpringSeep
S
- Stream/River - Perennial
o 0.5 1 1.5
Miles
2
--
PROJECT NO:013-1244 FIGURE
DRAWN BY:SBS
STORMWATER PROJECT SITE OVERVIEW
MAP 1 OF 2 - SKINNER RIDGE
CHEVRON USA INC.
GARFIELD COUNTY, COLORADO
o\’OLSSON@
ASSOCIATES
760 HORIZON DRIVE, SUITE 102
GRAND JUNCTION, CO 81506
TEL 970.263.7800
FAX 970.263.7456 1
DATE:06/17/2014
Legend
o 0.5 1.5
Miles
2
N
W~E
o Well Pad - Active CDPHE 0 SpringSeep - Highways
Access Road - Active CDPHE - Canal Ditch - Major Roads
D StreamRiver Stream/River - Ephemeral - Local Roads
.. ..
LakePond
Potential Wetland
Stream/River - Intermittent s
- Stream/River - Perennial
PROJECT NO:013-1244 FIGURE
ASSOCIATES
760 HORIZON ORIVE, SUITE 102
GRANO JUNCTION, CO 81506
TEL 970.263.7800
FAX 970.263.7456
ORAWN BY:SBS
STORMWATER PROJECT SITE OVERVIEW
MAP 2 OF 2 - SOUTH CANYON
CHEVRON USA INC.
GARFIELD COUNTY, COLORADO
O\OLSSON@
2
DATE:05/16/2014
scanned 11:ZB:44 lZ/Z3/ZB14
..
STATE OF COLORADO
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S. Laboratory Services Division
Denver, Colorado 80246. t 530 8 t 00 Lowry Blvd.
Phone (303) 692-2000 Denver, Colorado 80230-6928
TDD Line (303) 69t.77oo (303) 692-3090 Received
Located in Glendale, Colorado
DIVISION USE ONLY
WQCD Division Initiated
Modification
Requested by
htlp:/Iwww.cdphe.stale.co.us
JUL 3 1 2013
Colorado Department
of Public Health
and Environment
Date requested
Date entered
Water Quality Control
MODIFICATION APPLICATION
Please print or type all information, All items must be filled out completely and correctly, If the form is not
complete, it will be returned_ All modification dates are established by the Division. This form is for modifying an
established permit or certification. Terminations, Change of Contacts, Transfer of Permit, and Withdrawl of
Permit Application and/or modification requests must be submitted on the appropriate form:
MAIL ORIGINAL FORM WITH INK SIGNATURES TO THE FOLLOWING ADDRESS:
Colorado Dept of Public Health and Environment
Water Quality Control Division
4300 Cherry Creek Dr South WQCD-P-B2
Denver, CO 80246-1530
FAXED or EMAILED FORMS WILL NOT BE ACCEPTED.
PART A. IDENTIFICATION OF PERMIT Please write the permit number to be modified
PERMIT NUMBER
COR037787
. PART B. PERMITEE INFORMATION (application must be signed by the legal contact listed here)
City
Chevron U.S.A. Inc.
760 Horizon Drive, Suite 401
Grand Junction
Michael DeBerry
Rocky Mountain Area Manager
State
Phone
Number
CO
970-257 -6005
Zipcode 81506
Company Name
Mailing Address
Legal Contact Name
MkDeBerry@chevron.comTitleEmail
.PART C. FACILITY/PROJECT INFORMATION
Facility/Project Name
Skinner Ridge Natural Gas Wells
Location (address) Clear Creek Road (See page 2)
City unincorporated
Local Contact Name
Julie Justus
County
Phone
Number
Garfield
970-257 -6042
Title Regulatory, Health & Environment Specialist Email jjustus@chevron.com
Page 1 of 2 form last revised December 2011
~ca ea 11;’U;~U l’~’~~’U14
.
COLORADO WATER QUALITY CONTROL DIVISION MODIFICATION APPLICATION
www.coloradowaterpermits.com
. PART D. DESCRIPTION OF MODIFICATION REQUESTED:
Chevron wishes to update the following information for its Skinner Ridge certification COR037787.
Address: The Skinner Ridge area runs along the length of Garfield County Road 211/ Clear Creek
Road (4.36 miles), and continues north on Clear Creek Road (private) for approximately 8 miles.
Chevron is requesting to add the South Canyon area to the existing COR037787 Skinner Ridge
certification. The South Canyon sites sit along Baxter Pass Road, 3.7 to 9.2 miles north of the
Mesa/Garfield county line; and 0.8 miles north of the end of Mesa County Road U (Mesa/Garfield
county line). Two overview maps are attached.
Total area of project site: approx. 44,440 acres
Area of project site to undergo disturbance: approx. 300 acres
Final stabilization date: TBD
Receiving waters: The receiving waters for Skinner Ridge are Clear Creek and some of its
tributaries (Willow Creek, Tom Creek, and Deer Park Gulch). Clear Creek drains to Roan Creek,
and ultimately the Colorado River. The receiving waters for South Canyon are Prairie Canyon and
West Salt Creek. These streams flow to South Creek, which terminates at the Colorado River.
. PART E. CERTIFICATION Required Signatures
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this
application and all attachments and that, based on my inquiry of those individuals immediately responsible for
obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine or imprisonment.
"I understand that submittal of this application is for coverage under the State of Colorado Discharge Permit System
until such time as the application is amended or the certification is transferred, inactivated, or expired."
n t oj J’:IE. It3
Signature of Legal esponsible Party
Michael DeBerry Rocky Mountain Area Manager
o
Name (printed) Title
Page 2 of 2 form last revised December 2011
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Legend
D Skinner Ridge Project Site StreamsDitches
. Stonnwater Location RiversLakes
D Pad Disturbance Area - Highways
stormwater Access Roads - Major Roads
- Local Roads
- -Miles
4
N
W~E
PROJECT NO:013-1244 FIGURE
ASSOCIATES
760 HORIZON DRIVE, SUITE 102
GRAND JUNCTION. CO 81506
TEL 970.26J.7
FAX 970 263.H56
DRAWN BY:8BS
STORMWATER PROJECT SITE OVERVIEW
MAP 1 OF 2 . SKINNER RIDGE
CHEVRON USA INC.
GARFIELD COUNTY, COLORADO
O\OLSSON~
DATE:7115113
~ca ea 11:~1:HH 1~/~j/~H14
.
Legend N
w-\rE. Stormwater Location Riverslakes
o Pad Disturbance Area - Highways
- Stormwater Access Roads - Major Roads
2.25
Miles
3
- -
0.75 1.5
StreamsDitches - Local Roads
PROJECT NO:013.1244 FIGURE
760 HORIZON DRIVE. SUITE 102
GRANO JUNCTION, CO 81506
TEL 910.261. 7800
FAX 970.263.7456
STORMWATER PROJECT SITE OVERVIEW
MAP 2 OF 2 - SOUTH CANYON
CHEVRON USA INC.
GARFIELD COUNTY. COLORADO
O\OLSSON@DRAWN BY:S8S
ASSOCIATES
DATE:mfll
STATE OF COLORl\DO
John W. Hickenlooper, Governor
Christopher E. Urbina, MD, MPH
Executive Director and Chief Medical Officer
Dedicated to protecting and improving the health and environment 01 the people of Colorado
4300 Cherry Creek Dr. S. Laboratory Services Division
Denver, Colorado 80246-1530 8100 Lowry Blvd.
Phone (303) 692-2000 Denver, Colorado 80230-6928
Located in Glendale, Colorado (303) 692-3090
http://www.cdphe.state.co.us
Colorado Department
of Public Health
and Environment
June 21, 2012
Leslie Barns, Ops Mgr
Chevron USA Inc
760 Horizon Dr
Grand Junction, CO 81506
RE: Renewal of Permit/Certification
Administrative Continuation
For: Skinner Ridge Natural Gas Wells
Located at: Tom/Clear Creek in Skinner Ridge area, Uninc, Garfield County
Permit No.: COR037787
Dear Mr. Barns;
The Division has received an application to renew the above permit/certification. It has been determined
that there is sufficient information to make this permit/certification eligible for renewal. More information
may be requested by the Division as progress is made in developing a new permit/certification for the
above listed facility. This information must be made available to the Division when requested to complete
the permit process.
The Division is currently in the process of developing a new permit or master general permit and
associated certification for the above permitted facility. The development and review procedures required
by law have not yet been completed. When the discharge permit issued to you for your facility expired on
June 30, 2012 your permit is administratively continued and remains in effect under Section 104(7) of the
Administrative Procedures Act, C.R.S. 1973,24-4-101, et seq (1982 repl. vol. 10) until the new
permit/certification is issued and effective.
All effluent permit terms and conditions in your current permit will remain in effect until your new
permit/certification is issued and effective.
PLEASE KEEP THIS LETTER WITH YOUR PERMIT AND SWMP TO SHOW
CONTINUATION OF PERMIT COVERAGE.
Sincerely,
~
Debbie Jessop
Permits Section
WATER QUALITY CONTROL DIVISION
xc: Permit File
~cannea ll:~l:l~ 1~/~j/~~14
~ >
March 20, 2012
CDPHE/WQCD Attn Permits
4300 Cherry Creek Dr South
Denver, CO 80246
Attached are CDPHE stormwater permit renewals for Chevron MidContinent Business Unit in the State
of Colorado. Since all the contact information for each permit renewal required updating, it was
decided to fill out a blank renewal form to be sure all the updated information was legible.
If you have any questions regarding completion of these forms, please contact me.
~_(4/tIA-
Richard Carroll
Waste & Water Specialist
Chevron MidContinent SBU
Grand Junction, CO
970-257-6026
RCVB@chevron.com
~cannea 11:~1:~D l~/~j/~~la
RENEWAL COLORADO DISCHARGE
PERMIT SYSTEM (COPS)
STORMWATER DISCHARGE ASSOCIATED
WITH CONSTRUCTION ACTIVITIES
APPLICATION Permit COR030000
Rec’d by Division ----::r7-S’1
I I~~
THE COPS GENERAL PERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITIES ~
(COR030000) WILL EXPIRE JUNE 30,2012 AND WILL BE ADMINISTRATIVELY CONTINUED AT THAT TIME.
WATER QUALITY CONTROL DIVISION Colorado Department
of Public Health
and Environment
...
Dedicated to protecting and improving the health and environment of the Ifi’hof {10lqraSlfh12 4300 Cherry Creek Dr. S. MAI\ l I lU
Denver. Colorado 80246.1530
Phone (303) 692.2000
TOO Line (303) 691.7700
Located in Glendale, Colorado
http://www.cdphe.state.co.us
. FOR CERTIFICATION TO BE ADMINISTRATIVELY CONTINUED, THIS APPLICATION MUST BE REVIEWED, CORRECTED (if needed), SIGNED,
AND RETURNED TO THE DIVISION PRIOR TO APRIL 1, 2012. This is the only action necessary to renew this certification.
. IF CERTIFICATION IS NO LONGER NEEDED, PLEASE SEND IN AN INACTIVATION FORM AS SOON AS THE FACILITY IS ELIGIBLE.
. Receipt of this form will be tracked on the division’s web site:
http://www.cdphe.state.co.usfwgfPermitsUnitfconstruction.html.
Select: Active Storm water Construction Certifications (this list will be updated in the first week of each month). A
date entry under "Application Received" indicates the date the Division received this renewal application. This also
indicates that the certification is administratively continued.
. A postcard will be sent to confirm a certification is administratively continued.
. Certifications for which no renewal is received will expire and be terminated effective June 30, 2012.
Please keep a copy of this application for your records.
Please direct questions to cdphe.wqstorm@state.co.us, (303) 692-3517, or visit our website at www.coloradowaterpermits.com.
Mail to: CDPHE/WQCD Attn Permits.
4300 Cherry Creek Dr South
Denver CO 80246
Photo copies, faxed copies, pdf copies or emails will not be accepted by the Division.
APPLICATION to RENEW CERT # COR03 7787
__
(not 0000)
PERMITTEE ORGANIZATION FORMAL NAME Chevron USA Inc.
LEGAL CONTACT This form must be signed by this party to be considered complete.
Name Leslie Barnes, Operations Manager
Phone 970-257-6009 Email LESB@chevron.com
Mailing Address: 760 Horizon Drive
City: Grand Junction State: CO Zip: 81506
LOCAL CONTACT
Name George Badovinatz, Operations Supervisor
Phone 970-683-5108 Email GBADO@chevron.com
Organization: Chevron North America E&P - MidContinent SBU - Operations
Mailing Address: 760 Horizon Drive
City: Grand Junction State: CO Zip: 81506
BILLING CONTACT
Name Leslie Barnes, Operations Manager
Phone 970-257-5108 Email LESB@chevron.com
Organization: Chevron North America E&P Company - MidContinent SBU - Operations
Mailing Address: 760 Horizon Drive
City: Grand Junction State: CO Zip: 81506
OWNER (NOT REQUIRED)
Name
Phone Email
Organization:
Mailing Address:
City:
/
State:Zip:
Construction SW Renewal Application 2012 Blank Forrr ...
PERMITIED PROJECT/FACILITY INFORMATION
To check for current information recorded by the Division, a spreadsheet of all current certifications with all of the information
required on this application is available on the Permitting website www.coloradowaterpermits.com under Construction Activities.
Project/Facility Name
Skinner Ridge Natural Gas Wells
Address or cross streets
Tom/Clear Creek in Skinner Ridge Area
City
Uninc
County
Garfield
Zip Code 81650
Facility Latitude 39.587
Longitude
108.341
Total area of project site (acres): 33,000 Area of disturbance (acres) 370
Nature of Construction Activity
Gas/Oil Production and/or Exploration
Immediate Receiving Water(s): Clear Creek/Roan Creek
Ultimate Receiving Water(s):
Colorado River t
SIGNATURE OF PERMIT LEGAL CONTACT
"I 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 of the 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. "
"I understand that submittal of this application is for coverage under the State of Colorado General Permit for Stormwater
Discharges Associated with Construction Activity for the entirety of the construction site/project described and applied for, until
such time as the applicatio is amended or the certification is transferred, inactivated, or expired."
~/zoll2-
Date Signed
Leslie Barnes
Name (printed)
Per Regulation 61 In all cases. APPLICATION shall be signed as follows:
a) In the case of corporations, by a responsible corporate officer. For the purposes of this section, the-responsible corporate
officer is responsible for the overall operation of the facility from which the discharge described in the application originates.
b) In the case of a partnership, by a general partner.
c) In the case of a sole proprietorship, by the proprietor.
d) In the case of a municipal, state, or other public facility, by either a principal executive officer or
ranking elected official
Operations Manager
Title
~I.i".H W:o. J. J. . (. J.. J.,) J.{’’’’- {.,)...- {.a J.q
-,TATE OF COLOR! ..->0
RENEWAL COLORADO DISCHARGE
PERMITSYSTEM (COPS)
STORMWATER DISCHARGE
ASSOCIATED WITH CONSTRUCTION
ACTIVITIES APPLICATION
Permit COR030000
Cert#COR037787
Dedicated to protecting and Improving the health and enVIronment of the people 01 Colorado
4300 Cherry Creek Dr. S.
Denver. Colorado 80246-1530
Phone (303) 692-2000
TOO Line (303) 691-7700
Located In Glendale. Colorado
http:/twww.cdphe.state.co.us
RENEWAL REAPPLICATION -- RESPONSE REQUIRED
THE COPS GENERAL PERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITIES
(COR030000) WILL EXPIRE JUNE 30, 2012 AND WILL BE ADMINISTRATIVELY CONTINUED AT THAT TIME.
For Additional Information, see the Q&A Guidance:
http://www.cdphe.state.co.us/wq/PermitsUnit/PermittingWhatsNew.htm
. This reapplication form shows the current record for the facility listed on page 2 - active certification COR037787
. For certification COR037787 to be administratively continued, this reapplication must be reviewed, corrected (if needed), signed, and
returned to the division prior to March 31, 2012. This is the only action necessary to renew this certification.
. If certification is no longer needed, please send in an inactivation form as soon as the facility is eligible.
. Receipt of this form will be tracked on the Division’s web site:
http://www.cdphe.state.co.us/wg/PermitsUnit/construction.html.
Select: Active Storm water Construction Certifications (this list will be updated in the first week of each month). A
date entry under "Application Received" indicates the date the DiI;ision received this renewal application. This also
indicates that the certification is administratively continued.
. A postcard will be sent to confirm the Division’s receipt of the form a certification is administratively continued.
Please allow up to 45 days for receipt of this confirmation.
. Certifications for which no renewal is received will expire and be terminated effective June 30, 2012.
. Please keep a copy of this application for your records.
Please direct questions to cdphe.wqstorm@state.co.us, (303) 692-3517, or visit our website at www.coloradowaterpermits.com.
Mail to: CDPHE/WQCD Attn Permits.
4300 Cherry Creek Dr South Denver CO 80246
Photo copies, faxed copies, pdf copies or em ails will not be accepted by the Division.
REVIEW AND CONFIRM THE FOLLOWING INFORMATION IS CORRECT
(Verify That This Information Is Correct. Cross out and make changes as necessary.)
APPLICATION to RENEW CERT # COR037787
1. CONTACTS:
PERMITIEE ORGANIZATION FORMAL NAME Chevron USA Inc
LEGAL CONTACT (This is the party who must sign on page 2)
Michael DeBerry, Piceance Ops Mgr
PO Box 36366
Houston TX 77099
Phone 970-257-6005 Email
LOCAL CONTACT
George Badovinatz, Ops Supv
Phone 970-257-6002 Email
Organization:
Mailing Address:
City:State:Zip:
CONTINUE TO BACK OF FORM
Construction SW Renewal Application 2012 Cert #CORO?
page 2
Chevron USA Inc Facility Skinner Ridge Natural Ga ’Is
BILLING CONTACT
Michael De Berry, Piceance Ops Mgr
Chevron USA Inc
PO Box 36366
Houston TX 77099
Phone 970-257-6005 Email
2. PERMITTED PROJECT/FACILITY INFORMATION Verify That This Information Is Correct. Cross out and make changes as necessary:
Project/Facility Name Skinner Ridge Natural Gas Wells
Address Or Cross Streets Tom Creek in Skinner Ridge area
City Uninc County Garfield Zip Code 81650
Facility Latitude 39.587 Longitude 108.341
Total Area Of Project Site (Acres):3.4
Area Of Disturbance (Acres) 18.0
Nature Of Construction Activity Gas/Oil Field Exploration and/or Development
Immediate Receiving Water(S):
Ultimate Receiving Water(S): Tom Creek
3. SIGNATURE OF PERMIT LEGAL CONTACT
"I 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
of the 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."
"I understand that submittal of this application is for coverage under the State of Colorado General Permit for Stormwater Discharges
Associated with Construction Activity for the entirety of the construction site/project described and applied for, until such time as the
application is amended or the certification is transferred, inactivated, or expired."
XX
Signature of Legally Responsible Person listed in item 1 (submission must include original signature)Date Signed
Name (printed) Title
Per Regulation 611n all cases, APPLICATION shall be signed as follows:
a) In the case of corporations. by a responsible corporate officer. For the purposes of thi~ section, thE’ rE’sponsible corporate officer
is responsible for the overall operation of the facility from which the discharge described in the application originates.
b) In the case of a partnership, by a general partner.
c) irrthel:aSE:Of-a-soIe proprietorship,wthe proprietor. -----
d) In the case of a municipal, state, or other public facility, by either a principal executive officer or ranking elected official
WQCD Mail Code 2034
Michael DeBerry, Piceance Ops Mgr
Or environmental permitting representative for:
Chevron USA Inc
PO Box 36366
Houston, TX 81650
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From:
To:
Dale:
"CARROLL, RICHARD V" <RCVB@chevron.com>
"Matthew Czahor" <Msczahor@smtpgate.dphe.state.co.us>
8/9/2010 11 :36 AM
RE: Chevron storm event
COR-03778
-+/!~ G<<!~arroll
Waste & Water Specialist
Chevron - MCA
Rocky Mountain Area
970-257 -6026
rcvb@chevron.com
-----Original Message-----
From: Matthew Czahor [mailto:Msczahor@smtpgate.dphe.state.co.us)
Sent: Monday, August 09, 2010 11 :25 AM
To: CARROLL, RICHARD V
Subject: RE: Chevron storm event
Richard,
What is the Certification number for this permitted facility?
Matt
>>> "CARROLL, RICHARD V" <RCVB@chevron.com> 8/6/20102:41 PM >>>
Mr. Czahor,
In a follow up to yesterdays e-mail (below), I was able to perform an
initial site inspection of the areas impacted by our storm on Wednesday
afternoon. The severe impacts from the storm seemed to be limited our
Tom Creek drainage. This area is slot canyon with steep slopes on all
sides. We experienced several mud/shale slides from undisturbed areas
above our production area that crossed roads and clogged culverts and
drainages that resulted in most of the damage. Crews will be working
over the weekend and over the next couple of weeks to get things back
to where they were.
Unless you wish for further updates or for more detail, this will be the
my last e-mail on this incident. Please contact me if you want to
discuss further. Thanks for your attention to this matter.
Richard Carroll
Waste & Water Specialist
Chevron - MCA
Rocky Mountain Area
970-257 -6026
rcvb@chevron.com
Matth w Czahor - RE: Chevr
^ ,~"
S ite 2
From: CARROLL, RICHARD V
Sent: Thursday, August 05, 2010 11 :58 AM
To: ’Matt Czahor (matthew.czahor@state.co.us)’
Subject: Chevron storm event
Mr. Czahor,
In a follow up to my phone message earlier this morning, I decided to
send you an e-mail message informing you of our situation.
Yesterday a storm system dropped hail and a large volume a rain in a
short period of time on our field operations approximately 18 miles
north of the town of Debeque, CO. As a result, we experienced some rock
and soil slides that have resulted in some road closures and damage to
our field BMPs. Crews are out monitoring the damage and we are
preparing for the possibility of more storms later today.
This notification is intended to inform you of our situation. Right now
I have no knowledge that our discharge of stormwater is in exceedance of
any water quality standard. Nor am I able to determine that we are
operating under the upset conditions outlined in Part 11.A.6 of our
stormwater permit. Safety is our top priority and we are restricting
access to the property until these issues are addressed. As I have more
information, I will let you know.
If you wish to discuss further, please feel free to contact me.
Richard Carroll
Waste & Water Specialist
Chevron - MCA
Rocky Mountain Area
970-257 -6026
rcvb@chevron.com
~w ".H L}I:1.l l.l.. t.l. . t.;, l.t./ t..:V t.lll.Q
.
Chevron
~
I
MCA Business Unit
Richard Carroll Chevron
Environmental Specialist 760 Horizon Drive
Grand Junction, CO 81506
Tel 970-257-6026
rcvb@chevron,com
May 16,2008
Received
MAY 20 2008
Water Quality Control
Colorado Department of Health and Environment
Water Quality Control Division
WQCD-Permits-B2
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Subject: Amendment to Construction Storm-Water Pe
Dear Sir/Madam:
Chevron USA, Inc. currently holds a field permit for storm-water discharges for the Skinner
Ridge Natural Gas Wells in Garfield County, Colorado (Certification No: COR-037787). With
this notification we wish to request, in accordance with Part LE.2 of the permit, that the SWMP
be retained at a central location in close proximity to the oil and gas field.
Requested Information Revised Permit Information
S WMP Location The SWMP will be located at the Hiner Gate Field
Office.
The master Storm-Water Management Plan for this Field Permit has been revised to reflect these
changes, as well as additional information requested in the new permit, which took effect on July
1,2007.
Yours truly,
7f~C~
Richard Carroll
Environmental Specialist
Contact Information:
Chevron North America E&P
760 Horizon Drive
Grand Junction, CO 81506
(970) 257-6026
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.
Chevron
===Michael DeBerry
Manager, Piceance
Operations
MeA Business Unit
Chevron
744 Horizon Ct. Ste. 140
Grand Junction, CO 81506
Tel 970-257-6005
Fax 970-255-6621
micd@chevron.com
August 15, 2007
Received
Colorado Department of Public Health and Environment
Water Quality Control Division, Storm-Water Program
WQCD-Permits-B2
4300 Cherry Creek Drive South
Denver, CO 80246-1530
SEP 05 2007
Water Quality Control
Subject: Amendment to Construction Storm-Water Permit C
Dear Sir/Madam:
Chevron USA, Inc. currently holds a common plan of development permit for storm-water discharges for
the Skinner Ridge Natural Gas Wells in Garfield County, Colorado (Certification No: COR-037787).
With this notification, we wish to convert our permit to a field permit and make the following revisions:
Requested Information Revised Permit Information
Pennit Type Field Penn it
North end of County Road 211, Garfield County, CO
Currently managed from the Chevron Grand Junction office:
Site Address Chevron North America Exploration and Production Company
744 Horizon Court, #140
Grand Junction, Colorado 81506
Estimated disturbance over five years: 370+ acres
Total Disturbed Acres (Life of Project)
Construction activities will be phased, which will limit disturbance to
10 to 20 acres at a time. Sites will be stabilized as completed.
Disturbance beyond five years will require re-evaluation.
The construction activity includes construction of well pads, access
roads, utility corridors (gas and water pipelines, electricity, fiber
Description of Construction Activities optics, etc.), water impoundments, offices, living quarters, processing
facilities, and other associated facilities required to construct and
operate a natural gas well field.
Clear Creek and associated tributaries; Conn Creek and associated
tributaries; Brush Creek and associated tributaries, which drain to the
Storm-Water Discharges to:Roan Creek basin and ultimately to the Colorado River. Also
tributaries associated with West Parachute Creek, which drains to
Parachute Creek and ultimately to the Colorado River.
See attachment. The revised map shows areas that the Chevron
Site Map Piceance Basin Natural Gas Development Program (Skinner Ridge
Gas Field) is expected to affect over the next five years.
~cannea 11:ll:4~ ll/lj/l~14
.
July 20, 2007
Page 2
The master Storm-Water Management Plan for this Field Permit has been revised to reflect these changes,
as well as additional information requested in the new permit, which took effect on July 1,2007.
Yours truly,
.>’1 ~ ;7....13 "7
Michael DeBerry
Piceance Operations Manager
Contact Information:
Chevron North America E&P
744 Horizon Court; Suite 140
Grand Junction, CO 81506
(970) 257-6005
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PROJECT: PICEANCE BASIN NATURAL GAS DEVELOPMENT PROGRAM
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7800 E. Union Aw. - Denver. CO 80231 -jS03j8A,..2000
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Page 2 of22
Permit No. COR-030000
CDPS GENERAL PERMIT
STORMW ATER DISCHARGES ASSOCIATED WITH
CONSTRUCTION ACTIVITY
AUTHORIZATION TO DISCHARGE UNDER THE
COLORADO DISCHARGE PERMIT SYSTEM
In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., CRS, 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 construction activities (and specific
allowable non-stormwater discharges in accordance with Part I.D.3 of the permit) certified under this permit,
from those locations specified throughout the State of Colorado to specified waters of the State. Such
discharges shall be in accordance with the conditions of this permit.
This permit specifically authorizes the facility listed on page 1 of this permit to discharge, as of this date, in
accordance· with permit requirements and conditions set forth in Parts I and II hereof. All discharges
authorized herein shall be consistent with the terms and conditions of this permit.
This permit and the authorization to discharge shall expire at midnight, June 30, 2012.
Issued and Signed this 31 st day of May, 2007
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Janet S. Kieler
Permits Section Manager
Water Quality Control Division
SIGNED AND ISSUED MAY 31, 2007
EFFECTIVE JULY 1, 2007
TABLE OF CONTENTS
PART I
A. COVERAGE UNDER THIS PERMIT ....................................................................................................................................... 3
1. Authority to Discharge............................................................................................................................................. 3
a) Applicable Sections................................................................................................................................. 3
b) Oil and Gas Construction . . . . . . .. . . . . . . . . .. . .. . . . . . . . . . . .. . ... . .. . . .. . . .. . ... . . . .. . .. . . . . . . . . .. . . .. . . . .. . . . . .. . . . . . . . . . .. . . . . . . .. . . . . . . .. . . . . . . . . 3
2. Defmitions ................................................................................................................................................................ 3
3. Permit Coverage Without Application-Qualifying Local Programs ...................................................................... 3
a) Applicable Sections................................................................................................................................. 3
b) Local Agency Authority .......................................................................................................................... 4
c) Permit Coverage Termination . .. . . . . . . . . . . . . . .. . . . . . . .. . . .. . . .. . .. . . . . . . .. . . . . . . .. . . . . . . . . . .. . . .. . . .. . . .. . . .. .. .. . . . .. .. . .. . . .. ... . . .. . . . . . . .. 4
d) Compliance with Qualifying Local Program ................ .......... ..... .... ...................... ..... ....... ................ ..... 4
e) Full Permit Applicability......................................................................................................................... 4
4. Application, Due Dates............................................................................................................................................ 4
a) Application Due Dates ............ ....................................................................... ...................................... ... 4
b) Summary of Application . . . .. . . .. .. . . . . . . .. . . . . . . .. . . . . . .. . . .. . . .. . . .. . . . . . . .. . .. . . .. . . .. . . . . . . .. . . .. . . .. . . . . . .. . . .. . . . . . . . . . . . . . . . . .. . . . . . . .. . . . 4
5. Permit Certification Procedures............................................................................................................................... 4
a) Request for Additional Information........................................................................................................ 4
b) Automatic Coverage ................................................................................................................................ 5
c) Individual Permit Required..................................................................................................................... 5
d) General vs. Individual Permit Coverage ............................................................................ ................ ..... 5
e) Local Agency Authority.......................................................................................................................... 5
6. Inactivation Notice................................................................................................................................................... 5
7. Transfer of Permit . . .. ..... .. ... .. .. . . . ... . .. ..... ... . .. .. . .. . . .. . . . . . . . .. . . . . .. .. .. . . .. . . .. . .. . . ..... ... .. . . . .. . . . . .. . . .. . . . . .. . . .. . . . . . . . ... .. . .. . . . .. .. . . . . . . . . . . . . . 5
8. Reassignment of Permit. ........................................................................................................................................... 5
9. Sale of Residence to Homeowners ........................................................................................................................... 6
10. Permit Expiration Date ............................................................................................................................................. 6
11. Individual Permit Criteria......................................................................................................................................... 6
B. STORMW ATER MANAGEMENT PLAN -GENERAL REQUIREMENTS ........................................................................... 6
C. STORMWATER MANAGEMENT PLAN -CONTENTS ............................................................ : ............................................ 7
1. Site Description........................................................................................................................................................ 7
2. Site Map................................................................................................................................................................... 7
3. Stormwater Management Controls ........................................................................................................................... 8
a) SWMP Administrator ............................................................................................................................... 8
b) Identification of Potential Pollutant Sources ............................................................................................ 8
c) Best Management Practices (BMPs) for Stormwater Pollution Prevention ............................................ 8
4. Final Stabilization and Long-term Stormwater Management.................................................................................... 9
5. Inspection and Maintenance................................................................................................................................... 10
D. TERMS AND CONDITIONS................................................................................................................................................... 10
1. General Limitations................................................................................................................................................ 10
2. BMP Implementation and Design Standards.......................................................................................................... 10
3. Prohibition ofNon-Stormwater Discharges........................................................................................................... 11
4. Releases in Excess of Reportable Quantities.......................................................................................................... 11
5. SWMP Requirements............................................................................................................................................. 11
a) SWMP Preparation and Implementation............................................................................................... 11
b) SWMP Retention Requirements........................................................................................................... 11
c) SWMP Review/Changes....................................................................................................................... 11
d) Responsive SWMP Changes ................................................................................................................. 12
6. Inspections ............................................................................................................................................................... 12
a) Minimum Inspection Schedule............................................................................................................... 12
b) Inspection Requirements .. . . .. . . .. . ... . . .. . . . . . . . . . .. . . .. . . .. . . . . . . .. . . .. . .. . . . . .. .. . . . . . . . . . . .. . .. . . .. . .. . . . . . . . .. . . . .. ... . . . . . . . .. . . . . . . . . . . . . 13
c) Required Actions Following Site Inspections........................................................................................ 13
7. BMP Maintenance .................................................................................................................................................. 13
8. Replacement and Failed BMPs ............................................................................................................................... 14
9. Reporting ................................................................................................................................................................. 14
-2a-
TABLE OF CONTENTS (cont.)
10. SWMP Availability ................................................................................................................................................. 14
11. TotalMaximumDailyLoad(TMDL) ..................................................................................................................... 14
E. ADDITIONAL DEFINITIONS .................................................................................................................................................. 15
F. GENERAL REQUIREMENTS .................................................................................................................................................. 16
1. Signatory Requirements ...... ........................................... .............. ........ .................... ........... ................. .... ............... 16
2. Retention of Records............................................................................................................................................... 16
3. Monitoring ............................................................................................................................................................... 16
PART II
A. MANAGEMENT REQUIREMENTS ........................................................................................................................................ 17
1. Amending a Permit Certification............................................................................................................................. 1 7
2. Special Notifications -Defmitions .......................................................................................................................... 17
3. Noncompliance Notification ................................................................................................................................... 17
4. Submission oflncorrect or Incomplete Information ............................................................................................... 18
5. Bypass ..................................................................................................................................................................... 18
6. Upsets ..................................................................................................................................................................... 18
7. Removed Substances ............................................................................................................................................... 18
8. Minimization of Adverse Impact. ............................................................................................................................ 18
9. Reduction, Loss, or Failure ofStormwater Controls ............................................................................................... 19
10. 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. Modification, Suspension, or Revocation of Permit By Division ........................................................................... 20
5. Permit Violations ..................................................................................................................................................... 21
6. Legal Responsibilities ............................................................................................................................................. 21
7. Severability . . . . . .. . . .. . . .. . . . . .. .. . . .. . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . .. . . ... . ... . . . . . .. . . .. . . .. . . .. . . .. . . . . . . . . . . .. . . .. . . .. . . .. . . .... .. . . .. . . .. . . . . ... . ... . . .. . . .. . ...... 21
8. Renewal Application ............................................................................................................................................... 21
9. Confidentiality......................................................................................................................................................... 21
10. Fees ......................................................................................................................................................................... 21
11. Requiring an Individual CDPS Permit .................................................................................................................... 22
-2b-
PART I
Permit -Page 3
Permit No. COR-030000
PART I
A. COVERAGE UNDER THIS PERMIT
1. Authority to Discharge
Under this permit, facilities are granted authorization to discharge stormwater associated with construction activities into
waters of the state of Colorado. This permit also authorizes the discharge of specific allowable non-stormwater discharges,
in accordance with Part I.D.3 of the permit, which includes discharges to the ground. This includes stormwater discharges
from areas that are dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction
site (i.e., borrow or fill areas). This permit also authorizes stormwater discharges from dedicated asphalt batch plants and
dedicated concrete batch plants. (Coverage under the construction site permit is not required for batch plants if they have
alternate CD PS permit coverage.) This permit does not authorize the discharge of mine water or process water from such
areas.
a) Applicable Sections: In accordance with Part I.A.3 of this permit, some parts of this permit do not apply to sites
covered under a Qualifying Local Program, as defined in I.A.2.d. For sites not covered by a Qualifying Local
Program, all parts of the permit apply except Part I.A.3. The permittee will be responsible for determining and then
complying with the applicable sections.
b) Oil and Gas Construction: Stormwater discharges associated with construction activities directly related to oil and
gas exploration, production, processing, and treatment operations or transmission facilities are regulated under the
Colorado Discharge Permit System Regulations (5CCR 1002-61), and require coverage under this permit in
accordance with that regulation. However, references in this permit to specific authority under the Federal Clean
Water Act (CWA) do not apply to stormwater discharges associated with these oil and gas related construction
activities, to the extent that the references are limited by the federal Energy Policy Act of 2005.
2. Definitions
a) Stormwater: Stormwater is precipitation-induced surface runoff.
b) Construction activity: Construction activity refers to ground surface disturbing activities, which include, but are
not limited to, clearing, grading, excavation, demolition, installation of new or improved haul roads and access
roads, staging areas, stockpiling of fill materials, and borrow areas. Construction does not include routine
maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility.
c) Small construction activity: Stormwater discharge associated with small construction activity means the discharge
of stormwater from construction activities that result in land disturbance of equal to or greater than one acre and less
than five acres. Small construction activity also includes the disturbance ofless than one acre of total land area that
is part of a larger common plan of development or sale, if the larger common plan will ultimately disturb equal to or
greater than one and less than five acres.
d) Qualifying Local Program: This permit includes conditions that incorporate qualifying local erosion and sediment
control program (Qualifying Local Program) requirements by reference. A Qualifying Local Program is a municipal
stormwater program for stormwater discharges associated with small construction activity that has been formally
approved by the Division.
Other Definitions: Definitions of additional terms can be found in Part I.E. of this permit.
3. Permit Coverage Without Application -for small construction activities under a Qualifying Local Program only
If a small construction site is within the jurisdiction of a Qualifying Local Program, the operator of the construction
activity is authorized to discharge stormwater associated with small construction activity under this general permit without
the submittal of an application to the Division.
a) Applicable Sections: For sites covered by a Qualifying Local Program, only Parts LA.I, l.A.2, l.A.3, I.DJ, I.D.2,
I.D.3, I.D.4, I.D.7, I.D.8, I.DJ 1, LE and Part II of this permit, with the exception of Parts II.A.1, II.B.3, II.B.8, and
II.BlO, apply.
PART I
Permit -Page 4
Permit No. COR-030000
A. COVERAGE UNDER THIS PERMIT (cont.)
b) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit,
restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction.
c) Permit Coverage Termination: When a site under a Qualifying Local Program has been finally stabilized,
coverage under this permit is automatically terminated.
d) Compliance with Qualifying Local Program: A construction site operator that has authorization to discharge
under this permit under Part l.A.3 shall comply with the requirements of the Qualifying Local Program with
jurisdiction over the site.
e) Full Permit Applicability: The Division may require any operator within the jurisdiction of a Qualifying Local
Program covered under this permit to apply for and obtain coverage under the full requirements of this permit. The
operator must be notified in writing that an application for full coverage is required. When a permit certification
under this permit is issued to an operator that would otherwise be covered under Part l.A.3 of this permit, the full
requirements of this permit replace the requirements as per Part l.A.3 of this permit, upon the effective date of the
permit certification. A site brought under the full requirements of this permit must still comply with local
stormwater management requirements, policies or guidelines as required by Part l.D.l.g of this permit.
4. Application, Due Dates
a) Application Due Dates: At least ten calendar days prior to the commencement of construction activities, the
applicant shall submit an application form as provided by the Division, with a certification that the Stormwater
Management Plan (SWMP) is complete.
One original completed discharge permit application shall be submitted, by mail or hand delivery, to:
Colorado Department of Public Health and Environment
Water Quality Control Division
WQCD-Permits-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
b) Summary of Application: The application requires, at a minimum, the following:
1) The applicant's company name; address; telephone number; and email address (if available); whether the
applicant is the owner, developer, or contractor; and local contact information;
2) Project name, address, county and location of the construction site, including the latitude and longitude to the
nearest 15 seconds of the approximate center of the construction activity;
3) Legal description or map of the construction site;
4) Estimates of: the total area of the site, the area of the site that is expected to be disturbed, and the total area of
the larger common plan of development or sale to undergo disturbance;
5) The nature of the construction activity;
6) The anticipated start date and final stabilization date for the project;
7) The name of the receiving water(s), or the municipal separate storm sewer system and the ultimate (i.e., named)
receiving water(s);
8) Certification that the SWMP for the construction site is complete (see Part l.C. below); and
9) The signature of the applicant, signed in accordance with Part I.F.l of this permit.
5. Permit Certification Procedures
If this general permit is appropriate for the applicant's operation, then a certification will be developed and the applicant
will be authorized to discharge stormwater under this general permit.
a) Request for Additional Information: The Division shall have up to ten calendar days after receipt of the above
information to request additional data and/or deny the authorization for any particular discharge. Upon receipt of
additional information, the Division shall have an additional ten calendar days to issue or deny authorization for
the particular discharge. (Notification of denial shall be by letter, in cases where coverage under an alternate general
permit or an individual permit is required, instead of coverage under this permit.)
PARTI
Perrnit -Page 5
Perrnit No. COR-030000
A. COVERAGE UNDER THIS PERMIT (cont.)
b) Automatic Coverage: If the applicant does not receive a request for additional information or a notification of
denial from the Division dated within ten calendar days of receipt of the application by the Division, authorization to
discharge in accordance with the conditions of this perrnit 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 perrnit is not appropriate for the operation, then the application will be processed as one
for an individual perrnit. The applicant will be notified of the Division's decision to deny certification under this
general perrnit. For an individual permit, additional information may be requested, and 180 days may be required to
process the application and issue the permit. At the Division's discretion, temporary coverage under this general
perrnit may be allowed until the individual perrnit goes into effect
d) General vs. Individual Permit Coverage: Any perrnittee authorized by this perrnit may request to be excluded
from the coverage of this perrnit by applying for an individual CDPS permit. The perrnittee shall submit an
individual application, with reasons supporting the request, to the Division at least 180 days prior to any discharge.
e) Local Agency Authority: This perrnit does not pre-empt or supersede the authority of local agencies to prohibit,
restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction.
6. Inactivation Notice
When a site has been finally stabilized in accordance with the SWMP, the perrnittee must submit an Inactivation Notice
form that is signed in accordance with Part I.F.l. of this perrnit. The Inactivation Notice form is available from the
Division and includes:
a) Perrnit certification number;
b) The perrnittee's name, address, telephone number;
c) Name, location, and county for the construction site for which the inactivation notice is being submitted; and
d) Certification that the site has been finally stabilized, and a description of the final stabilization method(s).
7. Transfer of Permit
When responsibility for stormwater discharges at a construction site changes from one entity to another, the permittee shall
submit a completed Notice of Transfer and Acceptance of Terms form that is signed in accordance with Part 1.F.l. of
this perrnit. The Notice of Transfer form is available from the Division and includes:
a) Perrnit certification number;
b) Name, location, and county for the construction site for which the Notice of Transfer is being submitted;
c) Identifying information for the new permittee;
d) Identifying information for the current perrnittee; and
e) Effective date of transfer.
If the new responsible party will not complete the transfer form, the perrnit may be inactivated upon written request to the
Division and completion of the Inactivation Notice if the perrnittee has no legal responsibility, through ownership or
contract, for the construction activities at the site. In this case, the new owner or operator would be required to obtain
perrnit coverage separately.
8. Reassignment of Permit
When a perrnittee no longer has control of a specific portion of a perrnitted site, and wishes to transfer coverage of that
portion of the site to a second party, the perrnittee shall submit a completed Notice of Reassignment of Permit Coverage
form that is signed in accordance with Part I.F.l. of this permit. The Notice of Reassignment of Permit Coverage form is
available from the Division and includes:
a) Current perrnit certification number;
b) Identifying information and certification as required by Part I.A.4.b for the new perrnittee;
c) Identifying information for the current perrnittee, revised site information and certification for reassignment; and
d) Effective date of reassignment.
PARTI
Permit -Page 6
Permit No. COR-030000
A. COVERAGE UNDER THIS PERMIT (cont.)
If the new responsible party will not complete the reassignment form, the applicable portion of the permitted site may be
removed from permit coverage upon written request to the Division if the permittee has no legal responsibility, through
ownership or contract, for the construction activities at the portion of the site. In this case, the new owner or operator
would be required to obtain permit coverage separately.
9. Sale of Residence to Homeowners
For residential construction only, when a residential lot has been conveyed to a homeowner and all criteria in paragraphs
a through e, below, are met, coverage under this permit is no longer required and the conveyed lot may be removed from
coverage under the permittee' s certification. At such time, the permittee is no longer responsible for meeting the terms and
conditions of this permit for the conveyed lot, including the requirement to transfer or reassign permit coverage. The
permittee remains responsible for inactivation of the original certification.
a) The lot has been sold to the homeowner(s) for private residential use;
b) the lot is less than one acre of disturbed area;
c) all construction activity conducted by the permittee on the lot is completed;
d) a certificate of occupancy ( or equivalent) has been awarded to the home owner; and
e) the SWMP has been amended to indicate the lot is no longer covered by permit.
Lots not meeting all of the above criteria require continued permit coverage. However, this permit coverage may be
transferred (Part I.A. 7, above) or reassigned (Part I.A.8, above) to a new owner or operator.
10. Permit Expiration Date
Authorization to discharge under this general permit shall expire on June 30, 2012. The Division must evaluate and
reissue this general permit at least once every five years and must recertify the permittee's authority to discharge under the
general permit at such time. Therefore, a permittee desiring continued coverage under the general permit must reapply by
March 31, 2012. The Division will initiate the renewal process; however, it is ultimately the permittee's responsibility to
ensure that the renewal is submitted. The Division will determine if the permittee may continue to operate under the terms
of the general permit. An individual permit may be required for any facility not reauthorized to discharge under the
reissued general permit.
11. Individual Permit Criteria
Various criteria can be used in evaluating whether or not an individual ( or alternate general) permit is required instead of
this general permit. This information may come from the application, SWMP, or additional information as requested by
the Division, and includes, but is not limited to, the following:
a) the quality of the receiving waters (i.e., the presence of downstream drinking water intakes or a high quality fishery,
or for preservation of high quality water);
b) the size of the construction site;
c) evidence of noncompliance under a previous permit for the operation;
d) the use of chemicals within the stormwater system; or
e) discharges of pollutants of concern to waters for which there is an established Total Maximum Daily Load (TMDL).
In addition, an individual permit may be required when the Division has shown or has reason to suspect that the
stormwater discharge may contribute to a violation of a water quality standard. .
B. STORMWATER MANAGEMENT PLAN (SWMP)-GENERAL REQUIREMENTS
1. A SWMP shall be developed for each facility covered by this permit. The SWMP shall be prepared in accordance with
good engineering, hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.)
PART!
Permit -Page 7
Permit No. COR-030000
B. STORMW ATER MANAGEMENT PLAN (SWMP) -GENERAL REQUIREMENTS ( cont.)
2. The SWMP shall:
a) Identify all potential sources of pollution which may reasonably be expected to affect the quality of stormwater
discharges associated with construction activity from the facility;
b) Describe the practices to be used to reduce the pollutants in stormwater discharges associated with construction
activity at the facility; and ensure the practices are selected and described in accordance with good engineering
practices, including the installation, implementation and maintenance requirements; and
c) Be properly prepared, and updated in accordance with Part I.D.5.c, to ensure compliance with the terms and
conditions of this permit.
3. Facilities must implement the provisions of the SWMP as written and updated, from commencement of construction activity
until fmal stabilization is complete, as a condition of this permit. The Division reserves the right to review the SWMP, and
to require the permittee to develop and implement additional measures to prevent and control pollution as needed.
4. The SWMP may reflect requirements for Spill Prevention Control and Countermeasure (SPCC) plans under section 311 of
the CW A, or Best Management Practices (BMPs) Programs otherwise required by a separate CDPS permit, and may
incorporate any part of such plans into the SWMP by reference, provided that the relevant sections of such plans are
available as part of the SWMP consistent with Part I.D.5.b.
5. For any sites with permit coverage before June 30, 2007, the permittee's SMWP must meet the new SWMP requirements as
summarized in Section II.I of the rationale. Any needed changes must be made by October 1, 2007.
C. STORMW ATER MANAGEMENT PLAN (SWMP) -CONTENTS
The SWMP shall include the following items, at a minimum.
1. Site Description. The SWMP shall clearly describe the construction activity, to include:
a) The nature of the construction activity at the site.
b) The proposed sequence for major activities.
c) Estimates of the total area of the site, and the area and location expected to be disturbed by clearing, excavation,
grading, or other construction activities.
d) A summary of any existing data used in the development of the site construction plans or SWMP that describe the
soil or existing potential for soil erosion.
e) A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover.
t) The location and description of all potential pollution sources, including ground surface disturbing activities ( see
Part I.A.2.b), vehicle fueling, storage offertilizers or chemicals, etc.
g) The location and description of any anticipated allowable sources of non-stormwater discharge at the site, e.g.,
uncontaminated springs, landscape irrigation return flow, construction dewatering, and concrete washout.
h) The name of the receiving water(s) and the size, type and location of any outfall(s). If the stormwater discharge is to
a municipal separate storm sewer system, the name of that system, the location of the storm sewer discharge, and the
ultimate receiving water(s).
2. Site Map. The SWMP shall include a legible site map(s), showing the entire site, identifying:
a) construction site boundaries;
b) all areas of ground surface disturbance;
c) areas of cut and fill;
d) areas used for storage of building materials, equipment, soil, or waste;
e) locations of dedicated asphalt or concrete batch plants;
t) locations of all structural BMPs;
g) locations of non-structural BMPs as applicable; and
h) locations of springs, streams, wetlands and other surface waters.
PARTI
Permit -Page 8
Permit No. COR-030000
C. STORMWA TER MANAGEMENT PLAN (SWMP) -CONTENTS ( cont.)
3. Stormwater Management Controls.
The SWMP must include a description of all stormwater management controls that will be implemented as part of the
construction activity to control pollutants in stormwater discharges. The appropriateness and priorities of stormwater
management controls in the SWMP shall reflect the potential pollutant somces identified at the facility.
The description of stormwater management controls shall address the following components, at a minimum:
a) SWMP Administrator -The SWMP shall identify a specific individual(s), position or title who is responsible for
developing, implementing, maintaining, and revising the SWMP. The activities and responsibilities of the
administrator shall address all aspects of the facility's SWMP.
b) Identification of Potential Pollutant Sources -All potential pollutant somces, including materials and activities, at
a site must be evaluated for the potential to contribute pollutants to stormwater discharges. The SWMP shall
identify and describe those somces determined to have the potential to contribute pollutants to stormwater
discharges, and the sources must be controlled through BMP selection and implementation, as required in paragraph
(c), below.
At a minimum, each of the following sources and activities shall be evaluated for the potential to contribute
pollutants to stormwater discharges, and identified in the SWMP if found to have such potential:
1) all disturbed and stored soils;
2) vehicle tracking of sediments;
3) management of contaminated soils;
4) loading and unloading operations;
5) outdoor storage activities (building materials, fertilizers, chemicals, etc.);
6) vehicle and equipment maintenance and fueling;
7) significant dust or particulate generating processes;
8) routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc.;
9) . on-site waste management practices (waste piles, liquid wastes, dumpsters, etc.);
10) concrete truck/equipment washing, including the concrete truck chute and associated fixtures and equipment;
11) dedicated asphalt and concrete batch plants;
12) non-industrial waste sources such as worker trash and portable toilets; and
13) other areas or procedures where potential spills can occur.
c) Best Management Practices (BMPs) for Stormwater Pollution Prevention -The SWMP shall identify and
describe appropriate BMPs, including, but not limited to, those required by paragraphs 1 through 8 below, that will
be implemented at the facility to reduce the potential of the sources identified in Part I.C.3.b to contribute pollutants
to stormwater discharges. The SWMP shall clearly describe the installation and implementation specifications for
each BMP identified in the SWMP to ensure proper implementation, operation and maintenance of the BMP.
1) Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate all
structural practices implemented at the site to minimize erosion and sediment transport. Practices may include,
but are not limited to: straw bales, wattles/sediment control logs, silt fences, earth dikes, drainage swales,
sediment traps, subsurface drains, pipe slope drains, inlet protection, outlet protection, gabions, and temporary
or permanent sediment basins.
2) Non-Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate, as
applicable, all non-structural practices implemented at the site to minimize erosion and sediment transport.
Description must include interim and permanent stabilization practices, and site-specific scheduling for
implementation of the practices. The SWMP should include practices to ensure that existing vegetation is
preserved where possible. Non-structural practices may include, but are not limited to: temporary vegetation,
permanent vegetation, mulching, geotextiles, sod stabilization, slope roughening, vegetative buffer strips,
protection of trees, and preservation of mature vegetation.
PART I
Permit -Page 9
Permit No. COR-030000
C. STORMWATER MANAGEMENT PLAN (SWMP)-CONTENTS (cont.)
3) Phased BMP Implementation. The SWMP shall clearly describe the relationship between the phases of
construction, and the implementation and maintenance of both structural and non-structural stormwater
management controls. The SWMP must identify the stormwater management controls to be implemented
during the project phases, which can include, but are not limited to, clearing and grubbing; road construction;
utility and infrastructure installation; vertical construction; final grading; and final stabilization.
4) Materials Handling and Spill Prevention. The SWMP shall clearly describe and locate all practices
implemented at the site to minimize impacts from procedures or significant materials ( see definitions at Part
I.E.) that could contribute pollutants to runoff. Such procedures or significant materials could include: exposed
storage of building materials; paints and solvents; fertilizers or chemicals; waste material; and equipment
maintenance or fueling procedures.
Areas or procedures where potential spills can occur must have spill prevention and response procedures
identified in the SWMP.
5) Dedicated Concrete or Asphalt Batch Plants. The SWMP shall clearly describe and locate all practices
implemented at the site to control stormwater pollution from dedicated concrete batch plants or dedicated
asphalt batch plants covered by this certification.
6) Vehicle Tracking Control. The SWMP shall clearly describe and locate all practices implemented at the site to
control potential sediment discharges from vehicle tracking. Practices must be implemented for all areas of
potential vehicle tracking, and can include: minimizing site access; street sweeping or scraping; tracking pads;
graveled parking areas; requiring that vehicles stay on paved areas on-site; wash racks; contractor education;
and/or sediment control BMPs, etc.
7) Waste Management and Disposal, Including Concrete Washout.
i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater
pollution from all construction site wastes (liquid and solid), including concrete washout activities.
ii) The practices used for concrete washout must ensure that these activities do not result in the contribution
of pollutants associated with the washing activity to stormwater runoff.
iii) Part I.D.3.c of the permit authorizes the conditional discharge of concrete washout water to the ground.
The SWMP shall clearly describe and locate the practices to be used that will ensure that no washout
water from concrete washout activities is discharged from the site as surface runoff or to surface waters.
8) Groundwater and Stormwater Dewatering.
i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater
pollution from the dewatering of groundwater or stormwater from excavations, wells, etc.
ii) Part I.D .3 .d of the permit authorizes the conditional discharge of construction dewatering to the ground.
For any construction dewatering of groundwater not authorized under a separate CDPS discharge permit,
the SWMP shall clearly describe and locate the practices to be used that will ensure that no groundwater
from construction dewatering is discharged from the site as surface runoff or to surface waters.
4. Final Stabilization and Long-term Stormwater Management
a) The SWMP shall clearly describe the practices used to achieve final stabilization of all disturbed areas at the site,
and any planned practices to control pollutants in stormwater discharges that will occur after construction operations
have been completed at the site.
b) Final stabilization practices for obtaining a vegetative cover should include, as appropriate: seed mix selection and
application methods; soil preparation and amendments; soil stabilization practices ( e.g., crimped straw, hydro mulch
or rolled erosion control products); and appropriate sediment control BMPs as needed until final stabilization is
achieved; etc.