HomeMy WebLinkAbout2.0 BOCC Staff Report 02.02.2009BOCC Exhibits (2/2/2009)
SUP: Chevron USA Inc 36-1 B Compressor Station Expansion
Exhibit Exhibit
Letter
CA ton
A Proof of Mail Receipts
B Proof of Publication
c Garfield County Zoning Regulations of 1978, as amended (the Zoning
Code, or Old Codel
D Annlication
E Staff Reoort
F Staff Powerooint Presentation
G Contract with Hvland Enterorises for Dust Mitiaation
H Stormwater Management plan verification
I COGCC permit verification
J
K
• •
•
• Building & Planning Department
Ii
,
Comments Due: July 30,2009
Revised 3/30/00
BOCC 12/15/2008 DD
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW: Referral of Special Use Permit ("SUP")
SUMMARY OF REQUEST: The Applicant requests a SUP for an ex pansion of an exist ing
compressor facility originally permitted in 2005 (Chevron
Piceance Valley Pipeline-Administrative Permit #712207)
APPLICANT/PROPERTY OWNER: Tim Dobransky for Chevron USA, Inc.
SITE INFORMATION: Tax ID# 2137-321-00-008; 2.3 acres of a 4312-acre tract
LOCATION I ACCESS: Approximately 20 miles NW of Debeque on County Road
211 , generally described being situated in SE Y., SW Y. of
Section 36, Township 5 South , Range 98 West of the 61h PM .
EXISTING & ADJACENT ZONING: Resource Lands (RL), Open Space (O/S)
I. REQUEST
This proposal is to modify an existing
natural gas compressor facility
(originally permitted under the
Chevron Piceance Valley Pipeline-
Administrative Permit #712207 in
2005) Drilling was never undertaken
at the well pad s ite (SR598-36-1); it
was converted into the compressor
station to gather and transfer natural
gas to nearby market lines. The
expansion is that of adding a
Caterpillar gas-driven compressor
and skid , with the goal of increasing capacity. No changes
to the COGCC site dimensions are proposed .
It is an unmanned facility to be operated remotely. The Applicant states ,
however, that one daily trip (via pickup truck) will take place with the
purpose of inspection I maintenance. The construction phase for the
improvements is brief, and the operation on the site will comply with the
standards expressed in industrial operations for the mitigation of
associated impacts.
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II . AUTHORITY \ \~~·
Section 9 .03 .04 of the Zoning Resolution of 1978, as amended, requires 1.\ .A\ ~:~~
that Special Use Permit appl ications be initially brought to the Board so
that the Board may determine if a recommendation fr9m the Planning ~::.!'·--:-'°"·' ~
Commission is necessary. "--v') ~
Ill. STAFF RECOMMENDATION ... ~~
Staff finds that because this use type is unchanged on this parcel , that ~~ --r)
because it is located in a remote location distanced from human oc cupation c .........
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and in an area with considerable industrial activity underway that it is ~~:'° ~ ~~...,111
appropriate to recommend that the Board direct Staff to schedule a public , '!; comnv ,,.< .... ·---....:...--:::
hearing for the Board, and not refer the matter to the Planning Commission . ;-::,, '~r. •Cl"'
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APPROXl ~IAlESc;,>.LE IN FEEl ~~-~ a.eJ.1•
ti-l'.'1(0I -(Jt~[t(
0 27 00 5-IOO 10000 "'"'"""
SUP : Chevron USA 36-1 B Compressor Station Exp ans ion
BO CC-21212009
DD
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLICANT
LOCATION
SITE INFORMATION
The Applicant requests a SUP for a revision to one existing
compressor facility which includes the installation of one
additional natural gas compressor unit and dehydrator
Chevron USA, Inc
The subject property is located approximately 2.5 miles
north of the end of CR 211, north of Debeque
2.23 acres of approximately 4,312 acres
EXISTING I ADJACENT ZONING Resource Lands (Gentle Slopes and Lower Valley Floor)
I. DESCRIPTION
OF THE PROPOSAL
The Planning Department received
a Special Use Permit (SUP)
application for "Processing and
Material Handling of Natural
Resource" for the installation of one
additional natural gas compressor D]Ei~~E~~~;ljE;~~fl~i:t~~=
on an existing well pad located on ~
a 4312-acre property owned by
Chevron USA, Inc.
Located beyond the end of CR 211
north of Debeque, the site includes
2 .23 acres of previously disturbed
ground that makes use of an
existing well pad (Skinner Ridge
36-1 B) originally permitted in
2005. The well pad was never
drilled; rather, it was converted in
2006 into a compressor site
(permit #712207.) All areas to be
affected are within the well pad
site administered by the COGCC
and reclamation security is
administered by them, as well.
The equipment includes a
Caterpillar gas-driven compressor
and NATCO emission-free
dehydrator skid for the purpose of
increasing rate/capacity of the gas
transmission from the site .
Installation at the site will begin
upon issuance of the SUP and is
expected to take 2-3 weeks.
~
c:i • NON-1\ESIOENTIAI. BUILDING
• • HOUSE OR M08lE HOME
NSA· NOISE SENSITIVE mA
8 · MEASU REMENT POSlllON
El • WE LL SITE
APPROXllll\ TE SCALE IN FEET -0 2700 5'IOO 10800
II. BACKGROUND
Referral to Planning Commission
(This application is being
processed under the 'Old Code').
Staff brought the application to the
attention of the BOCC to determine
if a referral to the Planning
Commission was necessary. The
BOCC did not refer the application
to the Planning Commission.
Location of
compressor
units
Existing compressor
on right will remain
on site; the older unit
on the left will be
SUP: Chevron USA 36-JB Compressor Station Expansion
BOCC-21212009
Page2
-___,.,. ----
36-1 B Compressor site . lookinq east towa rds access road
II. ZONING & ADJACENT USES
The subject property is zoned Resource Lands (Gentle Slopes and Lower Valley Floor). The
type of use requested falls under the definition of "Processing and Material Handling of Natural
Resources" which are contemplated as special uses in the Resource Lands (Gentle Slopes and
Lower Valley Floor) zone district.
SUP: Chevron USA 36-1 B Compressor Station Expansion
BOCC-21212009
Page3
Adjacent lands under private and Federal ownership (BLM) include uses such as rangeland
grazing, farming, and resource extraction (natural gas drilling). Activities nearby include other
industrial operations, and the nearest residence is a Chevron-owned property leased to a cattle
operation.
Ill. AUTHORITY & APPLICABILITY
Pursuant to Section 9.03.04 of The Zoning Resolution of 1978. as amended under which this
application is being processed, an application for a Special Use Permit shall be approved or
denied by the Board of County Commissioners after holding a public hearing thereon in
conformance with all provisions of the Zoning Resolution.
IV. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03)
Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall
conform to all requirements listed there under and elsewhere in the Zoning Resolution, as well
as the following standards:
1. Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall either
be in place or shall be constructed in conjunction with the proposed use.
Response
The compressor station is described as an unmanned facility operated remotely from
Chevron USA's Grand Junction office." No water or sanitation services are necessary for the
proposed facility; any transient need can be met by existing facilities already permitted
nearby.
2. Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in place
or shall be constructed in conjunction with the proposed use.
Response
The application states that during construction the compressor is expected to generate an
average of 2-4 pickup truck trips and 2-4 tractor trailer trips per day for equipment delivery.
All of the truck travel will be traveling on private roads constructed by the industry or from
Debeque on CR 204/CR 211. After construction there will be minimal traffic generated by the
operation; its operation will be managed for the most part through the revised
communication system from the office in Grand Junction.
The road to the Compressor site is an existing road previously reviewed by Garfield County
Road & Bridge Department and found to meet County standards (CR 211). Previous
comments from Road & Bridge Administrative Foreman Jake Mall stated that the County did
SUP: Chevron USA 36-1 B Compressor Station Expansion
BOCC-21212009
Page4
not foresee a major increase in traffic flow after the construction period of the project. No
improvements to CR 211 were necessary for the initial installation of the compressor on the
well pad site, and none are required for the installation of this additional compressor unit.
Further, this existing well pad is on an access road previously vacated by Garfield County.
3. Design of the proposed use is organized to minimize impact on and from adjacent
uses of land through installation of screen fences or landscape materials on the
periphery of the lot and by location of intensively utilized areas, access points, lighting
and signs in such a manner as to protect established neighborhood character.
Response
The property is located in a secluded portion of privately owned property. By its location and
topography, it is effectively screened by steep topography. The site is located approximately
one-half mile from the nearest residence, that being on Chevron USA property and leased to
an individual tending grazing cattle that are part of a lease.
The proposed use will have relatively limited visual impact to surrounding properties. It
cannot be seen from CR 211. It is situated beyond the end of a dead-end County road
vacated by the County, which is used primarily for industrial traffic serving the existing
industrial uses in the area with very limited general population traffic. Further, the site itself is
situated in an area already characterized by intense industrial activity from the exploration I
processing activities. No screening is necessary as it is already screened by steep
topography. While no lighting is proposed, any future lighting shall be directed inward and
downward.
Section 5.03.07 llndustrial Operationsl
Pursuant to Section 5.03.07 of the Zoning Resolution, a permit for Industrial Operations requires
the submittal of an impact statement on the proposed use describing its location, scope, design
and construction schedule, including an explanation of its operational characteristics. The
impact statement is required to address the following:
(A) Existing lawful use of water through depletion or pollution of surface run-off,
stream flow or ground water.
Response
The facility site has been designed to insure protection of ground water and nearby streams
through the development and implementation of a Storm Water Management Plan specific
to the area which is contained at the rear of the application. Staff notes that while this plan is
not specific to the compressor site, Chevron USA has submitted a larger Storm Water
Management Plan for the general area. Further, containment facilities are designed into the
facility for any hazardous material stored or used during operations.
(BJ Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare
or vibration, or other emanations.
Response
SUP: Chevron USA 36-/B Compressor Station Expansion
BOCC-21212009
Page5
Compressors produce considerable volumes of noise and vibration but whose acceptable
levels are regulated by the COGCC Series 800 requirements, and the Colorado Revised
Statutes. Noise generated will have very little impact on adjacent properties since the
compressor is located in a canyon area that will prevent any sound from traveling, as well as
being located well within the boundaries of the subject property far from adjacent properties.
The former farmhouses that were purchased with the in-holdings are occupied by hands
managing herds of cattle on the site.
An estimated acoustic analysis was performed by Cordilleran, Inc. using calculations
provided by the manufacturer of the compressor equipment, Caterpillar, and Jim Rose of
Universal Compression, Inc. The sound analyses for the compressor indicated that the
operations will perform within required 'light industrial standards' on the Chevron-owned
property sound (that being 70 db daytime, 65 db evening). The results showed a level of 100
db at 1 meter distance from the operating compressor and an operational level of 60.8 db at
a distance of 300 feet. The compressor is not located within 300 feet of any property
boundary, and the nearest non-Chevron owned residential location is 5 miles away.
Chevron USA shall adhere to the noise standards specified by the Colorado Revised
Statutes and the Colorado Oil and Gas Conservation Commission Series 800 rules. Given
the remote location of the facility, Staff agrees that noise will not be a nuisance to area
residents. While noise attenuation devices are not a requirement of this permit, Staff feels
that any addition to the number of operating compressors should include noise attenuation
shrouds or enclosure of the units within a structure. This would lessen impacts on workers
and animal life in the vicinity of the compressor units, and protect the valuable equipment
from the weather.
(CJ Impacts on wildlife and domestic animals through the creation of hazardous
attractions, alteration of existing native vegetation, blockade of migration routes, use
patterns or other disruptions.
Response
The site is located within winter rangeland for mule deer, elk, and turkey as identified on the
Division of Wildlife's wildlife distribution maps. The 2.23-acre site is currently disturbed; the
open flat area is taken up with the occupation of the facility, but the riparian zone remains
intact. The roadways have been located away from the drainages. Much of the cover and
forage is being utilized by a cattle lease. The Applicant has fenced the dumpsters to
minimize conflicts with wildlife, and dumpsters containing foodstuffs are emptied more often
to prevent the attraction and habituation of black bears.
(DJ Affirmatively show the impacts of truck and automobile traffic to and from such
uses and their impacts to areas in the County.
Response
SUP: Chevron USA 36-1 B Compressor Station Expansion
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There will be two different phases of the operation, each with differing trip generation. All
traffic will travel up County Road 204 to County Road 211. This existing road meets the
County's standards, and is presently under a program for surface maintenance performed by
Hyland Enterprises to treat fugitive dust, and to maintain surface through grading, sanding and
snow-plowing.
The initial traffic is related to construction. This will involve the transport of the compressor
equipment, construction materials and association personnel. Vehicles range from pickup
trucks to semi-trucks with trailers to transport heavy loads, such as compressor and parts.
As noted earlier, the compressor facility, once fully operational, is expected to generate
limited vehicle trips per day into and out of the facility because most of the monitoring of the
compressor's performance will be done remotely. Also as mentioned above, most of this
truck travel will be coming from Debeque on CR 211 which is capable of handling the
additional trips. There is no proposed increase of occupancy of the site.
Staff does not foresee a major increase in traffic flow after the construction period and the
additional compressor are on line. No improvements to CR 211 are necessary as a result of
this compressor station.
(E) That sufficient distances shall separate such use from abutting property which
might otherwise be damaged by operations of the proposed use(s).
Response
The operations at the facility will not involve any abutting property. The proposed facility will
not encroach upon existing setbacks or reduce current separation distances to abutting
properties. Staff agrees that the existing facility is located well within required setbacks and
is sufficiently separated from adjacent properties in all directions.
(F) Mitigation measures proposed for all of the foregoing impacts identified and for
the standards identified in Section 5.03.08 of this Resolution
Special Use Permits may be granted for those uses with provisions that provide adequate
mitigation for the following:
(A) A plan for site rehabilitation must be approved by the County Commissioners
before a permit for conditional or special use will be issued;
Response
The application is for a site within the perimeter of an approved COGCC well pad site, and
the reclamation is already permitted and administered by that agency. Compliance with all
prevailing Colorado Oil and Gas Conservation Commission and Garfield County regulations
governing final reclamation shall be a condition of approval.
SUP: Chevron USA 36-1 B Compressor Station Expansion
BOCC-21212009
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(BJ The County Commissioners may require security before a permit for special or
conditional use is issued, if required. The applicant shall furnish evidence of a bank
commitment of credit, bond, certified check or other security deemed acceptable by the
County Commissioners in the amount calculated by the County Commissioners to secure
the execution of the site rehabilitation plan in workmanlike manner and in accordance
with the specifications and construction schedule established or approved by the County
Commissioners. Such commitments, bonds or check shall be payable to and held by the
County Commissioners;
Response
In the past, the Board has required, as a condition of approval that "A sufficient monetary
security, determined by the Board of County Commissioners, to ensure rehabilitation of the
site once operation has ceased shall be provided by the Applicant."
It is unclear at the time of this writing as to whether the former well pad currently exists under
a permit security. Proof of permit with the COGCC and adequate financial security shall be a
condition of approval.
Section 5.03.08 [Industrial Performance Standardsl
Pursuant to section 5.03.08 of the Zoning Resolution, all Industrial Operations in the County
shall comply with applicable County, State, and Federal regulations regulating water, air and
noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard.
Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration,
glare and odor and all other undesirable environmental effects beyond the boundaries of the
property in which such uses are located, in accord with the following standards:
(1) Volume of sound generated shall comply with the standards set forth in the
Colorado Revised Statutes at the time any new application is made.
(2) Vibration generated: every use shall be so operated that the ground vibration
inherently and recurrently generated is not perceptible, without instruments, at any point
of any boundary line of the property on which the use is located.
(3) Emissions of smoke and particulate matter: every use shall be operated so as to
comply with all Federal, State and County air quality laws, regulations and standards.
(4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it
does not emit heat, glare, radiation or fumes which substantially interfere with the
existing use of adjoining property or which constitutes a public nuisance or hazard.
Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other
such operations which may be required by law as safety or air pollution control measures
shall be exempted from this provision.
(5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas:
(A) Storage of flammable or explosive solids or gases shall be in accordance
with accepted standards and laws and shall comply with the national, state and
SUP: Chevron USA 36-/B Compressor Station Expansion
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local fire codes and written recommendations I comments from the appropriate
local protection district regarding compliance with the appropriate codes;
(B) At the discretion of the County Commissioners, all outdoor storage
facilities may be required to be enclosed by fence, landscaping or wall adequate to
conceal such facilities from adjacent property;
(CJ No materials or wastes shall be deposited upon a property in such form or
manner that they may be transferred off the property by any reasonably
foreseeable natural causes or forces;
(DJ Storage of Heavy Equipment will only be allowed subject to (A) and (CJ
above and the following standards:
1. The minimum lot size is five (5J acres and is not a platted
subdivision.
2. The equipment storage area is not placed any closer than 300 ft.
from any existing residential dwelling.
3. All equipment storage will be enclosed in an area with screening at
least eight (BJ feet in height and obscured from view at the same
elevation or lower. Screening may include berming, landscaping,
sight obscuring fencing or a combination of any of these methods.
4. Any repair and maintenance activity requiring the use of equipment
that will generate noise, odors or glare beyond the property
boundaries will be conducted within a building or outdoors during
the hours of B a.m. to 6 p.m., Mon.-Fri.
5. Loading and unloading of vehicles shall be conducted on private
property and may not be conducted on any public right-of-way.
(E) Any storage area for uses not associated with natural resources shall not
exceed ten (10) acres in size.
(F) Any lighting of storage area shall be pointed downward and inward to the
property center and shaded to prevent direct reflection on adjacent property.
(6J Water pollution: in a case in which potential hazards exist, it shall be necessary to
install safeguards designed to comply with the Regulations of the Environmental
Protection Agency before operation of the facilities may begin. All percolation tests or
ground water resource tests as may be required by local or State Health Officers must be
met before operation of the facilities may begin.
Staff Response
Should the Board approve the request for the Compressor Station, Staff suggests the
industrial performance standards be considered conditions of approval as they are
specifically intended to ensure that any industrial use such as the proposed Compressor
function in accordance with the proper best management practices and within the
parameters of the State statutes. The requirement for screening should not be required as
the site is remote and the topography effectively shields the operation from applying an
adverse visual impact on adjacent parcels.
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No storage has been requested as part of the application and none shall be permitted,
beyond the compressor unit itself.
Section 9.03.05 [Periodic Review of SUPl
Pursuant to section 9.03.05 of the Zoning Resolution:
Any Special Use Permits may be made subject to a periodic review not less than every
six (6) months if required by the County Commissioners. The purpose of such review
shall be to determine compliance or noncompliance with any performance requirements
associated with the granting of the Special Use Permit. The County Commissioners shall
indicate that such a review is required and shall establish the time periods at the time of
issuance of a Special Use Permit. Such review shall be conducted in such manner and
by such persons as the County Commissioners deem appropriate to make the review
effective and meaningful. Upon the completion of each review, the Commissioners may
determine that the permit operations are in compliance and continue the permit, or
determine the operations are not in compliance and either suspend the permit or require
the permittee to bring the operation into compliance by a certain specified date. Such
periodic review shall be limited to those performance requirements and conditions
imposed at the time of the original issuance of the Special Use Permit.
V. RECOMMENDED FINDINGS
1. Proper posting and public notice was provided as required for the hearing before the Board
of County Commissioners.
2. The hearing before the Board of County Commissioners was extensive and complete, that
all pertinent facts, matters and issues were submitted and that all interested parties were
heard at that hearing.
3. The above stated and other reasons, the proposed Special Use Permit has been determined
to be in the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
4. The application has met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08
and 9:03) the Garfield County Zoning Resolution of 1978. as amended.
VI. STAFF RECOMMENDATION
Due to the following conditions:
• the limited nature of potential impacts to surrounding properties,
• the remote location of the property such that it is situated at the end of a dead-end
county road which is used primarily for industrial traffic serving the existing industrial
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BOCC-21212009
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uses in the area with very limited general population traffic,
• and the fact that the site itself will be situated in an industrial area already characterized
by intense industrial activity from processing activities,
• the proposed expansion is to an existing facility,
Staff recommends the Board approve the request for a Special Use Permit for an addition of
one compressor to be added to the Chevron 36-1 B Compressor Station with the following
conditions:
1. That all representations of the Applicant, either within the application or stated at the
hearing before the Board of County Commissioners, shall be considered conditions
of approval unless explicitly altered by the Board.
2. That the operation of the facility be done in accordance with all applicable Federal,
State, and local regulations governing the operation of this type of facility.
3. That the Applicant shall comply with the fire protection provisions included in the
rules and regulations of the Colorado Oil and Gas Conservation Commission
(COGCC) and the International Fire Code as the Code pertains to the operation of
this facility.
4. Volume of sound generated shall comply with the standards set forth in the Colorado
Revised Statutes and the Colorado Oil and Gas Conservation Commission
(COGCC), Series 800 regulations.
5. Vibration generated: the Compressor shall be so operated that the ground vibration
inherently and recurrently generated is not perceptible, without instruments, at any
point of any boundary line of the property on which the use is located.
6. Emissions of smoke and particulate matter: the Compressor shall be so operated so
as to comply with all Federal, State and County air quality laws, regulations and
standards.
7. Emission of heat, glare, radiation and fumes: the Compressor shall be so operated
that it does not emit heat, glare, radiation or fumes which substantially interfere with
the existing use of adjoining property or which constitutes a public nuisance or
hazard ..
8. No additional storage area is requested or permitted.
9. Water pollution: in a case in which potential hazards exist, it shall be necessary to
install safeguards designed to comply with the Regulations of the Environmental
Protection Agency before operation of the facilities may begin. All percolation tests
or ground water resource tests as may be required by local or State Health Officers
must be met before operation of the facilities may begin.
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10. All necessary building permits shall be obtained for installation associated with the
Compressor prior to the issuance of a Special Use Permit.
11 . Proof of compliance with reclamation requirements for the COGCC well pad site that
houses the expanded compressor station, including any financial security, shall be
submitted prior to the issuance of the permit. In the event that no security is present,
a security for the 2 .23-acre site shall be put in place at the reclamation rate of $4000
per acre, the standard reclamation rate by Garfield County Vegetation Management.
RECOMMENDED MOTION
"I move to approve a Special Use Permit for the installation of one (1) add itional natural gas-
driven compressor unit and d e hydrator at the Chevron 36-1 B Natural Gas Compressor Site
situated with in a COGCC-approved well pad owned by Chevron USA, Inc. w ith th e
conditions provided by Staff."
RELATION SHIP TO
Special Use Permit for "Processing a nd Material Handling of
Natural Resources" for ins tallation of a Comp ressor Station
Chevron USA. Incorporate d
Represente d by Tim Dobranksy, Olsson Associa tes, Inc.
2.5 miles from th e e nd of CR 211 . northwes t o f Debeque
2.23 a c res of a 43 12-acre tract
Private road off CR 2 1 l. north of C R 204, northwes t of Debeque
Resource Lands (R/L)
THE COMPREHENSIVE PLAN
Com p ressor Sta tion m ay b e allowed with a Special Use Perm it
1
2
9.03 .05 allows fo r the p e riodic review of fac iliti es and
o p erations tha t are administered by a Special Use
Permit, by the request o f the BOCC .
Th e fac ility is n o t required to b e reviewed every six
m o nths; many o f the func ti o n s and re c lamation are
administered by the COGCC.
Th e si te was a former well pad permitted by th e
COGCC.
Th e opera tion of the si te has n umerous permits and
con d iti o ns under which it is operating:
., Ex isting road permit
., Exis tin g storm-water permit
., Exis tin g wee d manageme nt plan & bond
., Existing re c lamation plan
3
• An impact statement shall be prepared by the
applicant and ten (10) copies submitte d to Garfield
County, to include respons es to conditions set forth
in 5.03.07, (a) through (f).
• These conditions include:
the lawful use of water,
mitigations of nuisances generated,
m itigation for effects on wildlife, traffic.
• All industrial operations in the County shall comply
with all applicable Coun ty, State and Federal
regulations regulating water, air and noise pollution,
• Operations shall be conducted in a manner to
prevent the operation from constituting a nuisance
or hazard,
• Operati ons sha ll be conducted in a manner to
minimize heat, smoke , dust, vibration, g lare, and
odor and all other undesirable env ironm en tal
e ffects beyond the boundaries of the property,
4
Noise shall meet the requirements of CRS 25-12-103:
Res ide ntial levels, measured 25' ft b eyond
property boundary
55 dbA between the h ours of 7 am and 7 pm,
50 dbA between the hours o f 7 pm and 7 am,
exceeded only by 10 dbA for no longer than
15 minutes in any single hour period
• Th e site is also administered under the COGCC 800
se rie s standards.
• Vibra ti o n im perceptib le a t a ny point of the b o undary
li ne Em iss io ns of smok e and parti c ula te matte r sh all
m eet a ll local, County, St ole and Fede ra l standards
• Em issions of heal/glare/radiation/fumes-operation
sh all no t su b stantia lly interfere w ith exis ti ng use of
adj acent p roperties or cause a public nui sa nce
5
Th e current facility is permitted under COGCC for
reclamati on o f the site.
The conditions have b een met, or can be met with
conditions.
In resp onse to 'Operations shall be conducted in a
manner to prevent th e operation from constituting a
nuisance or hazard'
• the si te is distanced from residences,
• the site is visually sc reened by its remote
locati on in a canyon
• the n oise a t the b ou ndary will be below 60 dbA
at a distance of 300 feet from th e
compressor
Noise shall meet the re quirements of CRS 25-12-l 03 as
well
6
Thal all representations of the Applicant , either within the
application or sta ted a t the hearing before the Board of
County Commissioners, shall be considered conditi ons of
approval unless explicitl y altered by the Board.
That the operation o f the facility be done in accordance with
all applicable Federal. State, and local regulations
governing the operation of t his lype of fac ility.
That the Applicant shall comply with the fire protection
provisions included in the rules and regulations of the
Colorado Oil and Gas Conservation Commission (COGCC)
and the International Fire Code as the Code pertains to
the operation of this facilit y
Volume o f sound generated shall comply with the standards set
forth in the Colorado Revised Sta t utes and the Colorado
Oil and Gas Conservation Commission (COGCC), Series
800 regulations.
Vibration generated: the Compressor shall be so opera ted that
the ground vibration inh eren tly and recurrently generated
is n o t perceptib le, without instruments, at any point of any
boundary line o f the properly on w hich the use is located.
Emissions of smoke a nd particulate matter: the Compressor sha ll
be so operated so as to comply with all Federal, State and
County air quality laws. regulations and standards.
Emission o f heat, g lare, radiation and fum es : the Compressor
shall be so operated th a t ii does not emit heat, glare,
radiation or fumes which substan tia lly interfere with th e
existing use of adjoining property or whic h constitutes a
public nuisance or hazard.
No storage area is requested or permitted.
7
Any lighting of storage area shall be poin ted downward and
inward to th e property cen ter a nd shaded to preve nt
direct re fl ection on adjacent property.
Water pollution: in a case in whic h potential hazards exist, it
sha ll be necessary to install sa feguards designed to
com p ly w ith the Regu lations o f the Environmental
Pro tection Agency before operation o f the facilities
may begin. All percolation tes ts or ground wate r
resource tes ts as may be required by local or State
Heal th Officers mus t be met before operation o f the
fac ilities may begin.
10. All necessary building permits. if any, shall be obtained for
installation associa te d with th e Compressor prior to the
issua nce of a Special Use Permit.
Pro o f o f compli a nce w ith recla mation requirem ents for th e
COGCC well pad site that hous es the expanded
compressor station. inc luding any financial security,
sha ll be submitted prior to th e issuance o f th e permit. In
the event tha t no security is present, a security for the
2.23 -acre site shall be pul in place at the recla mation
ra te of $4000 p er acre, the standard reclamation rat e
by Garfield County Vegetati on Manage m ent.
8
P.O. Box 1906
Rifle, CO 81650
March 23, 2007
Garfield County Road and Bridge
0567 County Road 352
Rifle , CO 81650
To Whom It May Concern:
EXHIBIT i e
P: (970) 625-8270
F: (970) 625-8271
Hyland E nterprises, Inc provides road maintenance, including snow removal and dust
suppression for Chevron on Deer Park, Tom Creek, Clear Creek and Chapel We ll Roads year
around.
Bill Davis
District Man ager
COGIS • Surety Detail
COGIS -Surety Detail
c9.MPANY PET AIL REP_OIU for Surety ID: 1995-0031
CHEVRON U SA INC · #16700
6001 BOLLINGER CANYON RD
SAN RAMON , CA 94583
USA
SURETY DETAIL INFORMATION ----' - -------
Surety ID: 1995-0031
Status: ACTIVE
Operator Number: 16700
Bond Amount: $25,000.00
Instrument: INSURANCE
Instrument Number: USO 61 57-65
Coverage: BLANKET
Bond Type: SURFACE
Limitation: 0
Deposit Number:
POPA Number:
Received Date: 8125/1995
Approved Date: 812911995
Maturity Expire Date:
FA Provider Number: 89199
Page I of I
J/J tu~i;!) f ~ :t'
FA Provider Name: TRAVELERS CASUAL TY AND SURETY COMPANY OF AMERICA
Deposit Date:
Release Request Date: NIA
Release Date: NIA
..
Dusty Dunbar
From:
Sent:
To:
Subject:
JUSTUS, JULIE A Ujustus@chevron .com]
Wednesday, June 24, 2009 2:53 PM
Dusty Dunbar
RE: COGCC surface Surety
It doesn't. It is a blanket security for all pads past, present, and future. If we reclaim a pad in the amount of $25,000
and ask the COGCC to release that bond, then we will have to provide the agency with a new bond to cover any new
surface disturbance. We have several blanket bonds in place with the COGCC for plugging, surface, facilities, etc ... that
are available for review on the COGCC website. This blanket surface bond has been accepted by the BOCC on other
applications as proof of financial surety.
From: Dusty Dunbar [mailto:ddunbar@garfield-county.com]
Sent: Wednesday, June 24, 2009 2:41 PM
To: JUSTUS, JULIE A
Subject: RE: COGCC surface Surety
Where does it list the well pads that are secured by this?
From: JUSTUS, JULIE A [mailto:jjustus@chevron.com]
Sent: Wednesday, June 24, 2009 2:40 PM
To: Dusty Dunbar
Subject: COGCC surface Surety
Dusty,
Here's the COGCC surety information for surface disturbance on well pads. Thanks and let me know if there's anything
else you need.
Julie
Top Frame Page 1 of 1 .,
\
QUALIFICATIONS
M AIN M ENU 8
https://www.avuecentral.com/casting/vacancy Ann/qualifications/top.jsp;jsessionid=a l 3a53 ... 7 /2 0/2 009
,ek/lJbrf )l
STATEOFCOLORADO f
Bil Riller, Jr .. Governor
James B. Martin, Executive Oireclor
Oedlceted lo protecting end Improving Iha health end environment of the people of Colorado
4300 Cherty Creek Or. S. Laboratory Services Division
Denver, Co10<ado 80246·1530 8100Lowry Blvd.
Phone (303) 692·2000 Denver, Col0<ado 80230·6928
TDD Uno (303) 691-nOO (303) 692·3000
Localed Jn Glendale, Colorado
hllp:/iwww.odphe.slale.co.us
June 20, 2007
Michael De Berry, Piccance Ops Mgr
Chevron USA Inc, Hector E. Cavazos
11111 S. Wilcrest P.O. Box 36366
Houston, TX 11099
970/257-6005
RE: Final Petmit, Colorado Discharge Permit System -Stormwater
Certification No: COR-037787
Local Contact:
Dear Sir or Madam:
Skinner Ridge Natural Gas Wells
Garfield County
George Badovinatz, Ops Super
9701257-6002
Colorado Department
of Public Heahh
and Environment
Enclosed please find a copy of the new permit and certification which have been re-issued to you
under the Colorado Water Quality Control Act. · ·
Your old permit expires on June 30, 2007. This is a renewal to the permit, and replaces the old one.
See page 2 of the Rationale (the pages in italics) for a sununary of the changes to the permit.
.)···
Your Ce11ification under the permit requires that specific actions be pe1formed at designated times.
You are legally obligated to comply with all terms and conditions of the permit.
Please read the permit and certification. If you have any questions please visit our website at :
www.cdphe.state.co.us/wq/permitsunit/stoqnwater or contact Matt Czahor at (303) 692-3517.
Sincerely,
VJL-f5 {J~---·
Kathryn Dolan
Stormwater Program Coordinator
Permits Unit
WATER QUALITY CONTROL DIVISION
xc: Regional Council of Governments
Local County Health Department
District Engineer, Technical Services, WQCD
Permit File
STATE OF COLORADO
COLORADO DEPARTMENT OF PUBLIC HEAL TH AND ENVIRONMENT
WATER QUALITY CONTROL DIVISION
TELEPHONE: (303) 692-3500
CERTIFICATION TO DISCHARGE
UNDER
CDPS GENERAL PERMIT COR-030000
STOR.!'1.WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION
Certification Number COR037787
This Certification to Discharge specifically authorizes:
Chevron USA Inc
LEGAL CONTACT:
Michael De Berry, Piceance Ops Jl1gr
Chevron USA Inc
11111 S. Wilcrest P.O. Box 36366
Houston, TX 77099
Phone# 9701257-6005
LOCAL CONTACT:
George Badovinatz, Ops Super,
Pirone# 9701257-6002
During the Construction Activity: Gas/Oil Field Exploration and/or
Development .
to discharge stormwater from the facility identified as Skinner Ridg~ Natm·al Gas
Wells
which is located at:
to: --Tom Creek
Tom Creek in Skinner Ridge area.
Garfield County, Co
Latitude 39.5877, Longitude 108.3418
In Garfield County
Anticipated Activity begins 02/07/2005 continuing through 06/07/2006
On 3.4 acres (18.0 acres disturbed)
Certification is effective: 07 /01/2007 Certification Expires: 06/30/2012
Annual Fee: $245.00 (DO NOT PAY NOW-A prorated bill will be sentshmtly.)
Page I of22
Page 2 of22
Pe1mit No. COR-030000
CDPS GENERAL PERMIT
STORMW ATER DISCHARGES ASSOCIATED WITH
CONSTRUCTION ACTIVITY
AUTHORIZA T!ON TO DISCHARGE UNDER THE
COLORADO DISCHARGE PERMIT SYSTEM
In compliance with the provisions of the Colorado Water Quality Control Act, (25·8· I 01 et seq., CRS, 1973
as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the "Act").
this pe1mit authorizes the discharge of stormwater associated with construction activities (and specific
allowable non-stonnwater discharges in accordance with Part l.D.3 of the pennit) certified under this permit,
from those locations specified throughout the State of Colorado to specified waters of the State. Such
discharges shall be in accordance with the conditions of this pennit.
This pennit specifically authorizes the facility listed on page 1 of this pennit to discharge, as of this date, in
accordance· with pennit requirements and conditions set fm1h in Pa1ts I and ll hereof. All discharges
authorized herein shall be consistent with the tenns and conditions of this pennit.
This pennit and the authorization to discharge shall expire at midnight, June 30, 2012.
Issued and Signed this 31" day of May, 2007
COLORADO DEPARTl'vfENT OF PUBLIC HEALTH AND ENVIRONMENT
Janet S. Kiele1·
Pennits Section Manager
Water Quality Control Division
SIGNED AND ISSUED MAY 31, 2007
EFFECTIVE JULY l, 2007
I
I
l:
TABLE OF CONTENTS I
PART!
A. COVERAGE UNDER 1111$ PERMIT....................................................................................................................................... 3
I. Autl1ority to Dischorge ............................................................................................................................................. 3
2. Defu~~ions~~~~-~;.~~~:~~~~~'.~~~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~
3. Permit Coverage Without Application-Qualifying Local Programs...................................................................... 3
a) Applicable Sections................................................................................................................................. 3
b) Local Agency Autl1ority .......................................................................................................................... 4
c) Penn.it Coverage Termination ................................................................................................................. 4
d) Compliance with Qualifying Local Program.......................................................................................... 4
e) Full Permit Applicability ......................................................................................................................... 4
4. Application, Due Dates............................................................................................................................................ 4
a) Applic•tion Due Dates............................................................................................................................ 4
b) Summory of Application......................................................................................................................... 4
5. Perntlt Certification P1"0cedures .. .,........................................................................................................................... 4
a) Request for Additional lnfonnation ........................................................................................................ 4
b) Automatic Coverage................................................................................................................................ 5
c) lndlvidual Permit Required ..................................................................................................................... 5
d) General vs. Individual Pennil Coverage................................................................................................. 5
~) . Local.Agency Authority .......................................................................................................................... 5
6. Inacttvauon No11ce ................................................................................................................................................... 5
7. Transfer of Permit ..................................................................................................................................................... 5
8. Reassigrunenl of Pern1it............................................................................................................................................ 5
9. Sale of Residence 10 Homeowners ........................................................................................................................... 6
10. Penn.it Expiration Date ............................................................................................................................................. 6
11. lndividuol Permit Criteria......................................................................................................................................... 6
B. STORMWATER MANAGEMENT PLAN -GENERAL REQUIREMENTS ........................................................................... 6
C. STORMWATER MANAGEMENT PLAN-CONTENTS ............................................................ : ............................................ 7
I. Site Description ........................................................................................................................................................ 1
2. Sile Map................................................................................................................................................................... 1
3. Storn\\vater lvtanagen1ent Controls ........................................................................................................................... 8
a) SWMP Administrator ............................................................................................................................... 8
b) Identification of Potential Pollutant Sources ............................................................................................ 8
c) Best Management Practices (IJMPs) for Stonnwater Pollution Prevention ......................................... : .. 8
4. Fuml Stabilization and Long-1em1 Stormwalcr Management .................................................................................... 9
5. Inspection and Maintenance ................................................................................................................................... 10
D. TER<'AS AND CONDITIONS................................................................................................................................................... I 0
I. General Limitations................................................................................................................................................ 10
2. BMP Implementation and Design Standards.......................................................................................................... I 0
3. Prohibition of Non-Stormwater Dischorges ........................................................... .. ................................ ..........•... 11
4. Releases in Excess of Reportable Quantities.......................................................................................................... 11
5. SWMP Requirements............................................................................................................................................. 11
a) S\Vt-.IP Preparation and Implementation............................................................................................... 11
b) S\Vt-.IP 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 .................................................................................................................................................. J 3
8. Replacement and Failed BMPs ............................................................................................................................... 14
9. Reponing ................................................................................................................................................................. 14
-2a-
T ABLE OF CONTENTS (cont.)
10. SWMP Availability ................................................................................................................................................. 14
11. Total Maximum Daily Load (TMDL) ..................................................................................................................... 14
E. ADDITIONAL DEFINITIONS .................................................................................................................................................. IS
f. GENERAL REQUIREMENTS .................................................................................................................................................. 16
I. Signatory Requirements.......................................................................................................................................... 16
2. Retention of Records............................................................................................................................................... 16
3. Mouitoriug ......... : ..................................................................................................................................................... 16
PART II
A. MANAGEMENT REQUIREMENTS ........................................................................................................................................ 17
I. Amending a Permit Certification ............................................................................................................................. 17
2. Special Notifications -Dcfoiitions .......................................................................................................................... 17
3. Noncon1pJiance Notification ................................................................................................................................... 17
4. Submission of Incorrect or Incomplete Information ............................................................................................... 18
S. Bypass ..................................................................................................................................................................... 18
6. Upsets ..................................................................................................................................................................... 18
7. Removed Substances ............................................................................................................................................... 18
8. Minimization of Adverse Impact ............................................................................................................................. 18
9. Reduction, Loss, or Failure of Stomnvatcr Controls ............................................................................................... 19
10. Proper Operation and Maintenance ......................................................................................................................... 19
B. RESPONSIBILITIES................................................................................................................................................................. l 9
1. lospeclious and Right to Entry ................................................................................................................................ 19
2. Duly to Provide Information ................................................................................................................................... 19
3. Transfer of Ownership or Control ........................................................................................................................... 19
4. Modification, Suspension, or Revocation of Pemlit By Division ........................................................................... 20
S. Permit Violmions ..................................................................................................................................................... 21
6. Legal Responsibilitios ............................................................................................................................................. 21 I
7. Severability ............................................................................................................................................................. 21
8. Renewal Application ............................................................................................................................................... 21
9. Confidentiality ......................................................................................................................................................... 21
10. Fees ......................................................................................................................................................................... 21
11. Requiring nn Individual COPS Permit .................................................................................................................... 22 ~
-2b-
PART!
Pennit -Page 3
Pem1it No. COR-030000
PART!
A. COVERAGE UNDER nns PERMIT
l. Authority to Discharge
Under this permit, facilities are granted authorization to discharge storm\Vatcr associated with construction activities into
wnters of the state of Colorado. This permit also authorizes the dischnrge of specific allo\Yable non~stonnwater discharges,
in accordance wiU1 Part l.D.3 of the permit, which includes discharges to the grouud. TWs includes stormwater discharges
front areas that are dedicated to producing earthen 01aterials, such es soils, sand and gravel, for use at a single construction
site (i.e., borrow or ml areas). This permit also authorizes stonnwater discharges from dedicated asphalt batch plants and
dedicated concrete batch plants. (Coverage under U1e construction site permit is not required for batch plants if they have
alternate COPS pennit eovcragc.) This permit does not authorize the discharge of mine \vatcr or process \Yater from such
nreas.
a) Applicable Seellons: 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 defu1ed in l.A.2.d. For sites not covered by a Qualifying Local
Program, all parts of the permit apply except Part l.A.3. The permiuee will be responsible for determinh1g and Uien
complying wiU1 the applicable sections.
b) Oil and Gas Construction: Stormwater discharges associated with construction activities directly related to oil and
gas exploration. production, processing, and n·eatment operations or n·ruismission facilities are regulated under the
Colorado Discharge Permit System Regulations (SCCR 1002-61). and require coverage uuder this permit in
accordance with that regu]ation. However, references in this permit to specific authority wider the Federal Clean
Water Act (CWA) do not apply to stonnwater discharges nssociated wilh these oil and gas related construction
activities, to tl1e extent that the references are limited by the federal Energy Policy Act of2005.
2. Definitions
a) Storm\'Yater: Storm\vater is precipitation-induced surface runoff.
b) Construclion uctivlty: Construction activity refers to ground surf nee disturbing activities. \vhich include, but are
not linlited to, clearing, grading, excavation, dcn1olition 1 installation ofne\V 01· in1provcd haul roads nnd access
roads, stnging areas, stockpiling of fill materinls, and borro\v ureas. Construction does not include routine
1naintenm1ce to maintain original line and grade, hydraulic capacity. or original purpose of the facility.
c) Small construction activity: Stormwater discharge associated \Vith snmll construction activity means the discharge
of storm\vater from construction activities that result in land disturbruu:e of equal to or greater than one acre and less
than five acres. Small consrruction activity also includes the disturbance of less than one ocre of total land area that
is part of a larger common plM of develo1m1e11t or sale, if the larger conul\on plan will ultimately disturb equal to or
greater than one and less than five ocres.
d) Qualifying Local Program: This permit in<ludes conditions that incorporate qualifying local erosion Md sediment
control program (Qualifying Local Program) requii·ements by reference. A Qualifying Local Prograrn is a municipal
stonn\vnter program for stonnwater discharges associated with small construction activity that has been for1nally
approved by the Division.
Otl1er Definitions: Definitions of additional terms can be found iu Part I.E. of tltls permit.
3. Permit Coyerage WUhout Anplicallon -for small construction netivltlcs under a Qualifying Local Program .m!lY
If a s1nall construction site is within the jurisdiction of a Qualifying Local Progran1, the operator of the construction
activity is anlhorized to discharge stormwater associated with small construction activity under this general pennit witl1out
the sub1nittal of an application to the Division.
a) Applicable Sections: Forsites covered by a Qualifying Local Program, only Pai1s I.A. I, l.A.2, l.A.3, l.D.I, I.D.2,
l.D.3, l.D.4, l.D.7, l.D.8, I.D.11, l.E and Part II of tltls pennlt, with the exception of Parts 11.A.l, ll.B.3, 11.B.8, and
II.BIO, apply.
PART!
Permil • Page 4
Permit No. COR-030000
A. COVERAGE UNDER THIS PERt.-UT (cont.)
b) Local Agency Authority: This permit docs not pre-empt or supersede the nutl1ority of local agencies to prohibit,
resttict, or control discharges of stonn\vatcr·to stom1 drain systems or other \Yater courses \Vithiu their jurisdiction.
c) Permit Coverage Termination: When a site under a Qualifying Local Program has been fmally slabilized,
coverage tmder this perntil Is nntomaticaliy tenninated.
d) Compliance with Qualifying Local Program: A construction site operator that has authorization to discharge
under this permit wider Pan l.A.3 shall comply witl1 die requirements of the Qualifying Local Progrnm witlt
jurisdiction over the site.
e) Full Permit Appllcabllity: The Division may require w1y opernlor within the jurisdiction of a Qualifying Local
Program covered wider this pennil to apply fo1· and obtain coverage wider the f uli requirements of dtis pcnnit. The
operalor 1nust be notified in \vriting that an application for full coverage is required. \Vhen a permit certification
under this pennit is issued 10 nn opernlur thal would otherwise be covered wider Part l.A.3 of this perntit, the l\Jfl
reqnire1nents of this pennit replace the requirements as per Part l.A.3 of this permit, upon the effective date of the
pennil certificalion. A site brought under the full requirements of this pemtit mnsl still comply with focal
stornnvnter nianagen1ent rcqulre111ents 1 policies or guidelines as required by Pru1 I.D. l .g of this pen nit.
4. Apolkatfon. Due Dates
o) Appllcation Due Dates: At least ten calendnr dnys prior to the corn.1nencement of construction activities, the
applicant shall sub1nit an application form as provided by the Division, with o certification that the Stomnvater
Management Plan (SWMP) is cornple1e.
One original complcled discharge pemtil applica1io11 shall be submined, by mail or baud delivery, 10:
Colorado Deparltnent of Public Healdt and Euvironmenl
Waler Qualily Control Division
WQCD-Perntils·B2
4300 Cherry Creek Drive Sonlh
Denver, Colorado 80246-1530
b) Summary of Appllcatlon: The applicalion requires, ai a minimum, the following:
I) The applicanl's company name; address: telephone number; nnd email address (lfavnileble); whether the
applicant is the owner, developer, or contractor; and local contact information;
2) Projecl name, address, county and location of lhe construction sile, including the fatilllde and fongilUde 10 the
nearest 15 seconds of the approxlmate center of the construction activity;
3) Legal descriplion or map of lhe construction site;
4) Estimates of: the lolllf area of the sile, the area of the sile lhOl is expected to be dislUrbed, and Ute Iola! area of
the larger common plan of development or sale to undergo disturbance;
5) The nalure of the construction activity;
6) The anticipated Slart dale and final s1ebilizntion date for the project;
7) The name of the receiving weter(s), or the municipal separale slorm sewer syslem and die uhimate (i.e., named)
receiving water(s); \
8) Certification that the SWMP for lbe construcrion site Is complete (see Patt l.C. below); and
9) . The signalure of Ute applicant, signed ln accordance wilh Part I.F .I of this pennit.
5. Permit Certification Procedures
If this general permit is appropriate for the appficanl's operalion, U1en a certification will be developed and the applicant
will be authorized to discharge slonnweter under dtls general pennil.
a) Request for Additional Information: The Division shall have up to ten calendar dnys efier receipt of Ute above
information to request additional dale and/or deny the authorization for wiy particular discharge. Upon receipt of
additional infonna1ion, the Division shall have WI additional ten calendar days to issue or deny aulborizntion for
the particular discharge. (Notification of denial shall be by Jener, in cases where coverage under an altemale general
permil or an individual perntit is required, instead of coverage under this permit.)
PART!
Permit -Page S
Permit No. COR-030000
A. COVERAGE UNDER THIS PERMIT (cont.)
b) Automatic Coverage: If Ille applicant does not receive a request for nddirionnl information or a notification of
denial from the Division dated within ten calendar days of receipt of the application by the Division, authorizntion to
discharge in accordance \Yith the condltions of this permit shall be deemed granted.
c) Individual Permit Required: If, after evaluation of die application (or additional information, such as the SWMP),
ii is found that this general permit is not appropriate for the operation, then the application will be processed as one
for an individual pennit. The applicant \Viii be notified of1be Division's decision to deny certification under this
general permit. For an individual pcmlit, additional infonnation may be requcstcd 1 and 180 days may be required to
process the application and issue the permit At the Division •s discretion, temporary coverage under this general
permit may be allowed m1til tl1e individual permit goes into effect.
d) General vs. lndlvlduol Permit Coveroge: Any permittee outhorized by this pennit may request to be excluded
from the coverage ofd1is pennit by applying for au individual COPS pennit. The permittee sholl submit an
individual application, \Yith reasons supporting the request, to the Division at least l80 days prior to any dischnrge.
e) Loco! Agency Authority: This pemtlt does not pre-empt or supersede the authority of local agencies to prohibit,
restrict. or control discharges of stonn,vater to storn1 drain systems or other \vater cowses \Vithin their jurisdiction.
6. lnacllvatlon Notice
\Vhen a site has been finaJly stabilized in accordance \vith the SWIV1P, the pennittee must sub1nit nn Inactivation Notice
form that is signed in accordance with Part l.F.1. of this permit. The Inactivation Notice form is avalloble from the
Division and includes:
a) Pemlit certification number;
b) The perm.ince's name, address, telephone Olllltber;
c) Name, location, nnd county for U1e con~truction site for \Vhich the in11ctivation notice is being submitted; and
d) Certification that the site has been finally stabilized, nnd a description of the fmul stabilization method(s).
7. Transfer of Pernlit
\Vhen responsibility for storn1water discharges at a constructlon site changes from one entity to another, the permittee shnll
submit u completed Notice of Transfer and Acceptance of Ter1ns fonu Uiat is signed in accordance with Part l.F.l. of
tltls permit. The Notice of Transfer form is available from the Division and includes:
n) Permit certification number;
b) Name, location, and county for the construction site for which the Notice of Transfer is being subn1itted;
c) Identifying informarion for 1he new permittee;
d) Identifying information for the current pem1iltee; and
e) Effective date of transfer.
If the new responsible party will not complete the transfer form, the permit may be inactivated upon written request to tl1e
Division and completion ofthc lnactivntion Notice if the pcnnittee has no legal responsibility, through ownership or
contract, for the construction activities at the site. In lhis case, the ne\V owner or operator would be required lo obtain
permit coverage separately.
8. Reassignment or Penntt
When a permittee no longer has control of a snecific oortion of a permincd site, and \vishes to transfer coverage of that
portioa of tl1e site to a second party, the pcrmittee shall submit a completed Notice of Reassignment of Permit Coverage
form that is signed in accordance with Part l.F.I. of this permit. The Notice ofReassigmucntof Permit Coverage form is
available from the Division and includes:
a) Current permit certification nmuber;
b) Identifying information and certification as required by Part l.A.4.b for the new pemuttee;
c) Identifying information for the cunent pennittee, revised site infonuation and certification for reassigruuent; and
d) Effective date of reassignment.
PARTI
Pemlit -Page 6
Permit No. COR-030000
A. COVERAGE UNDER THIS PERMIT (cont.)
If the new responsible party will not complete tl1e reassignment form, the applicable portion of the pennined site may be
removed from permit coverage upon \Vrilltsn request to the Division if the per1nittee has no legal responsibility, through
o\vncrship or contract, for the construction activities at the portion of the site. In this cnse, the nmv owner of operator
would be required to obtain permit coverage separately.
9. Snle of Residence to Homeowners
For residential construction only, \vhen a residential lot has been conveyed to u hon1cowner and all criteria in paragraphs
n through e, belo\v, are met, coverage under this pernllt is no longer required and the conveyed lot 1nay be ren1oved fron1
covernge under the penninee's cel1ification. At such rime, the penninee is no longer responsible for meeting the term. rutd
conditions of this permit for lhe conveyed lot, including the requirentcnt to transfer or reassign permit coverage. The
pennittee remains responsible for inactivation of the original certification.
a) The Jot has been sold to tlie homeowncr(s) for private residential use;
b) the lot is Jess tl1an 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 J1as been amended to indicate the lot is no longer covered by permit.
Lots not meeting nil of the above criteria require continued permit coverage. 1-lo\vever, this permit coverage n1ay be
· transferred (Part l.A.7, above) or reassigned (Part J.A.8, above) to a new owner or operator.
JO. Permit Expiration Dote
Authorization to discharge under this general pennit shall expire on Jw1e 30, 2012. 1l1e Division must evaluate and
reissue this general penuit at least once every five years and must recertify the pcr1niuce 1s authority to discharge Wlder the
general permit at such thne. Therefore, a pemiittee desiring continued coverage under tbe general pem1it must reappJy by
March 31. 2012. The Division will ini>iate the renewal process; however, it is ultimately the pertninee's responsibility 10
ensure that the rene\Val is submitted. The Division \Viii dctenninc if tl1e penuiuec n1ay continue to operate under the tenns
of the general pernUt. An individual permit 11111.y be required for any facility not reauthorized to discharge under the
reissued general penuit.
11. Individual Permit Criteria
Various crlteria can be used in evaluating \vhether or not an individual (or alten1a1c general) pennit is required instead of
this general permit. This infonnation may come from U1e application, SWMP, or additional inronnarion as requested by
the Division, and includes, but is not limited to, tl1e following:
a) tlte quality of the receiving waters (i.e., the presence of downstream drinking waterintakes 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) U1e use of chemicals within the stormwater system: or
e) discharges of pollutants of concern to waters for which Utere is nn established Total Maximum Daily Load (TMDL).
In addition, Wl individual permit may be required when the Division has shown or has reason to suspect that the
storm\vnter discharge may contribute to a viola1ion of n \Yater quality standard. .
B. STORMW ATER MANAGEMENT PLAN (SWMP)-GENERAL REQUIREMENTS
I. A SWMP shall be developed for each facility covered by this pennlt. The SWMP shall be prepared In accordance with
good engh1eering, hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.)
:
f
PART I
Permit -Page 7
Permit No. COR-030000
B. STORMW ATER MANAGEMENT PLAN (SWMP)-GENERAL REQUIREMENTS (cont.)
2. The SWMP shall:
n) Jdenrify all potential sources of pollution which may rensonably be expected to affect the quality of stonnwatcr
discharges associated \Vith construction activity from the fucilityi
b) Describe llte prnctices to be used to reduce the pollutants in stonn\vater discharges associated \Vith construction
activity at the facility; end ensure the practices are selected and described in accordwtcc with good engineering
pmctices, including the installmiou, implc1nentation nnd inaintenance requirements; and
c) Be properly prepnrcd, and updated in accordw1ce with Purt l.D.5.c, to ensure compliance with the terms and
conditions of this pernlit.
3. Facilities must implement tJ1e provisions of the S~tP as \vritten and updated, from commence1nent of construction activity
until fmal stabilization is contplete, as a condition of this pennit. The Division reserves the right to review the SWJvlP, and
to require the pennittee to develop w1d implen1ent additional mea1iures to prevent and control pollution as needed.
4. The SIVMP may reflect requirements for Spill Prevention Control wtd Countermensure (SPCC) plans under section 311 of
tlie CWA, or Best Management Practices (BMPs) Programs otherwise required by a separate COPS 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 Prut l.D.5.b.
5. For any sites \Vith permit coverage before June 30, 2007, the pcrmittee's SM\VP must n1ect tl1e nc\v SWMP requirements as
summarized in Section II.I of the rationale. Any needed changes must be DJade by October l, 2007.
C. STORMWATER MANAGEMENT PLAN (SWMP)-CONTENTS
The SWMP shall include the following items, nt a minimum.
I. She Description. The S\VMP shall clearly desctibe the construction activity, to include: .
a) The nature of the cons1n1ction activity at the site:.
b) The proposed sequence for major activities.
c) Estimates of the total area ofUIC site, and the area wtd location expected to be disturbed by clearing, excavation,
grading, or other construction activities.
d) A summary of any existing data nsed in the development of the site construction plans or S~P that describe tl1c
soil or existing potential for soil erosion.
e) A descl'iption of the existing vegetation at the site and an estinmte of the percent vegetative ground cover.
f) The location and description of ell potential pollution sources, including ground surface disturbing activities (see
Prut l.A.2.b), vehicle fueling, storage of fertilizers or chemicals, etc.
g) The location and description of any anticipated allowable sources of nonAslormwater discharge at the site, e.g.,
uncontaminated springs, landscape irrigation return flow, construction de\vatering, and concrete washout.
h) The name of the receiving water(s) wtd the size, type and location of wty outfall(s). If the stormwater discharge ls to
a municipal separate storm SC\vcr system, the name of that syste1n,. the location of lhe stonn se\ver 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 bolmdaries~
b) all areas of ground surface disturbance;
c) areas of cut and mt;
d) areas used for storage of building materials, equipment, soil, or waste;
c) locations of dedicated nsphall or concrete bntch plants;
f) loeations of oll structural BMPs;
g) locations of nou·struerural BMPs as applicable; wtd
h) locations of springs. streruns, \Vetlauds and other swface \vaters.
PARTI
Pennit -Page 8
Permit No. COR-030000
C. STORMWATER MANAGEMENT PLAN (SWMP)-CONTENTS (oont.)
3. Stormwnter M11nagen1ent Controls.
The S\VMP must include a description of all stonu\vater n1anngen1cnt controls that will be impJemented as part of the
construction aclivity lo control pollutanls ln stormwoter discharges. The appropriateness and priorities of stonn\vater
management controls iu the SWMP shall reflect the potential pollutant sou,.ces identified at Ute facility.
The description of sto~\Vater management controls shall address the follo\ving components, at a minhn111n:
a) SWMP Administrator -TI1e SWMP shall identify a specific individual(s). position or title who is respon5ible for
developing, implementing, maintaining, wxl revising the SWMP. The activities and responsibilities of tl1e
administrator shall address all aspects of the facility's SWMP.
b) ldentlllentlon of Potential Pollutant Sources -All potential pollutant sources, Including materials wxl activities, nt
a site must be evaluated for the potential to contribute pollutants to stonnwaler discharges. The SWMP shall
identify and describe those sources detcnnined 10 have the potential to contribute pollutants 10 s1ornnva1er
discharges, and the sources must be controlled through BMP seleclion and implementation, &.'i required in paragraph
(c), below.
At a nllnjn1un1, each of the following sources and activities shall be evaluated for the potential to contribute
pollutants to stormwnler discharges, and identified in the SWMP If found to have such potential:
I) all disturbed and stored soils;
2) vehicle tracking of sediments;
3) management of contaminated soils;
4) loading and m1loading operations;
5) outdoor storage activities (building n1aterials, fertilizers, chemicals, etc.);
6) vehicle and equipment maintenance and fueling;
7) significant dust or pnrticulate generating processes;
8) routine nmintcnance activities involving fertilizers. pesticides, detergents, fuels, solvents, oils, etc.:
9) . on~site \Vaste nianagement practices (\vaste piles, liquid \YD.'ites, dwnpstcrs, etc.);
10) concrete tn1ck/equipment \YB.Shing, including dte concrete truck chute and ussociated fixtures and cquiprnent;
11) dedicated asphnlt and concrete batch plants;
12) non-industrial waste sourcessuch as worker trash and portable toilets; and
13) other areas or procedures where potential spills can occnr.
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 I through 8 below, that will
be implemented at the facility to reduce the potential of the sources identified in Part I.C.3.b lo contribute pollutants
to stonnwater discharges. The SWMP shall clearly describe the installation ond implementation specifications for
each BMP identified in the SWMP to ensure proper implementation, operation and maintenance of the BMP.
l) Structural P!l!ctjces for Em•jon and Sediment COnttol. The SWMP shall clearly describe and locate all
strucrural practices hnplemented at the site to minimize erosion and sedirnent transport. Practices may include,
but are not limited to: stra\v bales, \vattlcs/sediment control.logs, silt fences, earth dikes, drainage swales.
sediment traps, subsurface drains, pipe slope drains, inlet protection, outlet prolection, gabions, and temporory
or pemument sediment basins.
2) Non-S!nJctural Practices for Erosion and Sedinwnt Con1ro1. The SWMP shall clearly describe and locate, as
applicable, all non-structural practices implemented at the site to minimize erosion and sedinJCnl transport.
Description must include interim and permanent stabilization practices, and site-specific scheduling for
implementntion of the ptacrices. The SWMP should include practices to ensure that existing vegetation is
preserved where possible. Non-structural practices may include, but are not limited to: tempo1·aiy vegetation,
pennanenl vegetation, mulching, gcotextiles, sod stabili28tion, slope roughening, vegetative buffer strips,
protection of trees, and preservation of mature vegetation.
PART!
Permit • Page 9
Permit No. COR-030000
C. STORMW ATER MANAGEMENT PLAN (SW!v!P)-CONTENTS (cont.)
3) Phased UMP !mp!emenlarion. The SWMP shall clearly describe the relationship between the phases of
constn1ction, and the implementation and maintenance or both strucntral and non~structural stom1\vatcr
management controls. The SWMP must identify the stonu\vater nw1agement controls 10 be hnplen1ented
during the project phases1 which cun include, but are not limited to, clearing and gyubbing; road construclion;
utility and infrastructure installationj vertical constructioni rmnt grading; and final stabilization.
4) Ma)erinls Handlin• and Spill Prevention. The SWMP shall clearly describe and locate all practices
imple1nented at the site to minimize impacls front procedures or significant materials (see definitions at Pa.rt
I.E.) thnt 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 procedu1·es.
Areas or procedures \Vhere potential spills can occur n1ust have spill prevention and response procedures
identified in the SWMP.
5) Dedjcate<I Concrete or Asphalt Batch Plants. The SWMP shall clearly describe w1d locate all practices
implen1e11ted at the site to control stormwater pollution frorn dedicated concrete batch plants or dedicated
asphalt batch plants covered by tltls certification.
6) Vehicle Tracking Control. 111e SWMP shall clearly describe and locate all practices implemented at tlie site to
control potential sediment discharges from vehicle tracking. Praetices 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~sitej \vash racks; contractor education;
and/or sediment control BMPs, etc.
7) Waste Managen1ent and Disposal. Including Concrete \Vashout.
i) The SWMP shall clearly describe and locate the prnctlces implemented ot the site to control stormwater
pollution froa1 nil construclion site \vaslcs (liquid nnd soHd). lncluding concrete washout activities.
ii) The practices used for concrete \Vashout must ensure that these activities do not result in the contribution
of pollutants nssociated wilh the washing activity to storin\vater runoff.
iii) Part I.D.3.c of the permit authorizes the conditionol discharge of concrete washout water to the.ground.
The SW!v!P shall clearly describe and locate the practices to be used that will ensure that no washout
\Yater frorn concrete washout activities is discharged from the site ns surface runoff or to surface waters.
8) Ground\Yater nnd Storn1water Dewaterjng.
i) The SWMP shall clearly describe and locate the practices implemented at the site to control itonnwater
pollution from the dewatering of ground\vater or stonn\vater frorn excavations, wells, etc.
Ii) Part l.D.3.d of the permit authorizes the conditional discharge of construction dewntering to the ground.
For any constIUction dewatering of ground\voter not authorized under a sepwate CDPS discharge permit,
the SWMP shall clearly describe w1d locate the practices to be used that wi!! ensure tltat no groundwater
from construction dewatering is discharged fro1n the site as surface nu1off or to surface \voters.
4. Fino! Stabilization and Long-term Stormwater Management
a) 111e SWMP sh oil clearly describe the practices used to achieve fin RI stabilization of all disturbed areas at the site,
and any plaw1ed practices to control pollutants in stonn\vater discharges that \Viii occw after construction operations
have been completed at tlie site.
b) Final stabilization practices for obtaining a vegetative cover should include, as appropriate: seed mix selection and
application methods; soil preparation and wnendments; soil stabilization practices (e.g., crimped straw, hydro mulch
or rolled erosion control products); and appropriate sediment control BMPs as needed until fmal stabilization is
achieved; etc.
i
!
~ i
PART!
Permit -Page I 0
Permit No. COR-030000
C. STORMWATER MANAGEMENT PLAN (SWMP)-CONTENTS (cont.)
c) Final stnbilization is reached \vhen all ground surface dishtrbing activities at the site have been cornpletcd. and
uniform vegeiative cover has been established witl1 on individual plant density of at least 70 percent of pre-
disturbancc levels, or equivalent permanent, physi.:nl erosion reduction methods have been employed.
The Division n1ay, after consul1a1ion \Yith the pcnnittee nnd upon good cause, atnend the tlnal stabiJization criteria in this
section for specific operations.
S. Inspection and Maintenance
Part l.D.6 ofUie pennit hlcludes requirements for site inspections. Part l.D.7 of the permit includes requirements for DMP
mahltenance. The SWMP shall clearly describe the Inspection and maintenance procedures implemented at the site to
n1nintain all erosion and sediment control practices nnd other protective practices identified in the SW~IP, in good nnd
effective operating condition.
D. TERMS AND CONDITIONS
I. Gcnernl !,Imitations.
The following lintltations shall apply to aU discharges covered by this permit:
n) Stornl\Votcr dischnrges fro1n construction activities shall not cause, have the reasonable potential to cause, or
n1easurably contribute to an exceedance of any waler qualily standard, including nnrrntive standards for \Yater
quality.
b) Concrete \Vashout \Valer shall not be discharged to slate surface waters or to stor1n se\ver systems. On·sitc
pennunent disposal of concrete \\•ashout \Vaste is !!Ql authorized by this peon.it Discharge to the ground of concrete
washout waste tl1at will subsequently be disposed of off-site is authorized by this pennit. See Part l.D.3.c of the
permit.
c} Bulk slorage structures for petroleun1 products and any Other chen1icals shall have secondary containntent or
equivalent adequate protection so M to contain nil spills and prevent any spilled n1aterial fro1n entering State \vnters.
d) No chemicals are to be added to the discharge unless permission for tl1e use of a specific chemical is granted by ti1e
Division. In granting lhe use of such chemicals, special conditions and monitoring nmy be addressed by separate
coJTespondCnce.
e) The Division reserves lite right to require sampling ond testing, on a case-by-case basis, In the event that there is
reason to s~pect U1at co1npliance \Vith the SWMP is a proble1u, or to n1casure the effectiveness of the B~IPs in
renioving poUuiaats in the effluent. Such monitoring may include Whole Eflluent Toxicity testing.
I) All site wastes must be properly managed to prevent potcnrinl pollution of State waters. This pcrnut does not
authorize on-site waste disposal.
g) All dischargers must comply with the lawful requirements of federal agencies, m1micipalities, counties, drainage
districts and other loeal agencies regard big any discharges of stonnwater to storm drain systems or other water
courses under their jurisdicrion, including applicable requirements hi municipal stonnwater management programs
developed to comply with COPS permits. Dischargers must coruply witli local stormwater management
requirements, policies or guidelines including erosion and sediment control.
2. BMP lmp\ementa!lon and De!12n §!andards
Faciliries must select, fnslall, implement, aod maintain appropriate BMPs, followhlg good engineering, hydrologic and
pollution control practices. BMPs implemented at the site must be adequately designed to provide control for all potential
pollutant sources associated wltl1 construction activity to prevent pollution or degradation of State waters.
PART!
Pennit • Page II
Pennit No. COR-030000
D. TERMS AND CONDITIONS (cont.)
3. Prohlhltinn of Non .. Stonnwater Di!icharges
n) Except as provided in paragraphs b, c, aud d below, all discharges covered by this permit shall be composed
entirely of storm\vater associated \Vith construction acthity. Discharges of 1naterial other thnn stormwater must
be addressed in a separate CDPS permit issued for that disclmrge.
b) Discharges fron1 the follo\ving sources that are con1bined \Vith stonn,vater discharges associated \vilh constn1clion
activity may be authorized by this pcnnlt, provided that the non-stonn\vater con1poncnt oflhe discharge is identified
in tl1e SWMP (see Part l.C. l.g of this permit):
-e1nergency fire fighting activities
.. uncontaminated springs
-landscape irrigation return flo\v
c) Discharges to the ground of concrete \Vashout water fro1n washing of tools and concrete 1uixer chutes 1nay be
authorized by this penni1, provided that:
I) the source is identified in the SW~1Pi
2) BMPs arc included in the SWMP in accordance with Part l.C3(eX7) and to prevent pollution of groundwater in
violation of Part I.D.l.a; and
3) these discharges do not leave the site as surface runoff or to surface \Vaters
d) Discharges to the ground of water fron1 construction de\vaterlng activities n1ay be authorized by this permit,
provided that:
I) the source is groundwater and/or ground\vater combined \vi th stormwater that does not contain pollutants in
concentrations exceeding the State groundwnter SUUldards in Regulations 5 CCR 1002-41and42;
2) the source is identified in the SWMP;
3) BMPs are included in the SWMP, as required by Part I.C.3(c)(8); wtd
4) these discharges do not leavc the site ns surface runoff or to surface \Vaters,
Discharges to the ground fron1 construction de\vatering activities that do not ineet the above critel'ia n1ust be covered
under a scpatate CDPS discharge pennit. Contaminated ground\Vater requiring coverage under a separate COPS
discharge permit may include groundwnter contaminated with pollutants from a landftll, mining activity, industrial
pollutant plume, underground storage tank, or otl1er source.
4. Relepscs In Excess of RrportabJe Ounntltles
Thispennit does not relieve the pennittee of the reporting requirements of 40 CFR 110, 40 CFR 117 or40 CFR 302. Any
discharge of hazardous material must be handled in accordance with the Division's NoncompUance Notification
Requirements (see Part 11.A.3 of the permit).
5. SWMP Requirements
a) SW!\-IP Preparation and Implementation: The SWMP shall be prepared prior to applying for coverage under the
general perml~ and certification of its completion submitted with the application. The SWMP shall be implemented
prior to commencement of constmction aelivities. The plan shall be updated os appropriate (see paragraph c,
below), below). SWMP provisions shall be implemented until expiration or inactivation of permit coverage.
b) SWMP Retention Requirements: A copy of the SWMP must be retained on site unless auother location, specified
by tl1e pcrmittee, is approved by the Division.
c) SWMP Review/Changes: The perminee shall amend the SWMP;
1) when there is a change in design, construction. operation, or maintenance of the site, \Vhich would require the
implementation of new or revised BMPs; or
2) ifthe SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stonnwater
discharges associated \Vith construction activity; or
l
I
PARTI
Pennit • Page 12
Pcrmil No. COR-030000
D. TERMS AND CONDl110NS (cont.)
3) when BMPs arc no longer necessary and are removed.
SWMP changei; shall be mode prior lo changes in lhc site condilions, except n.s allowed for in paragrnph d, below .
SWMP revisions may iuclude, but ore not limited to: potenlinl pollulnut source identification: selec1io11 of
appropriate BMPs for silc condilions; DMP mnimenance procedures; ru1d in terim nud fmal st.abilization praclices.
The SWMP changes may include a schedule for further BMP design and implementation, provided that, i( 1111y
interim DMPs nre needed to comply with the J>ennit, they arc also included in the SWMP and implemented during
the interim period.
d) Responsive SWMP Changes: S\VlVlP changes addressing BMP installation nnd/or implementalion are often
required to be mode in response to chnnging conditions, or when current BMPs nre determined ineffective. The
majority of SWMP revis ions to address these changes can be mode imme diately with quick in-the-field revisions to
the SWMP. In the less common scenario where more complex development of materials to modify the SWMP is
necessary, SWMP revisions sball be made in accordance with th e following requirements :
I) the SWMP shall be revised ns soon as practicable, but in no case more than 72 hours after the change(s) in
BMP installation and/or implementntion occur at the site, and
2) n notation must be included in th it S\VlvlP prior to th e site change(s) that includes the tin1e nnd date of the
change(s) in the field , an identification of the BMP(s) remov ed or added, and the locatio n{s) of those DMP(s).
6. lns[lectlon s
Site inspections must be conducted in accordance with the following requirements nnd minimnm schedules. The required
minimnm inspectio n schedu les do not reduce or elimin ate the pennittee's responsibility to implement and maintain BMP s
in good and effective operational condition, and in accordance with U1c SWMP, which could require more frequent
inspec tions.
n) Minimum lnspcctlon Schedule: The pe1mittee shall, at n minimum, mak e a U1orough inspection, in nccordancc
with th e requirements in l.D .6.b below, at Jenst once every 14 calendar days . Al so, post-storm event iu spec tion s
mu st be conducted within 24 hours after the end of ru1y precipitation or snowmch event th at causes surface erosion .
Provided the timing is nppropriate, the post-storm inspections may be us ed to fulfill the 14 ·day routine inspec tion
requirement. A more frequent inspection schedule than U1e minimum inspections described may be necessary, to
ensure that BMPs continue to operate as needed to comply with the permit. The following conditional modifications ·
to this Minimum Inspecti on Schedule arc allowed :
I) Post-Storm Event In spections nt Temporarily Idle Sites-If no construction activities will occur following a
storm event, post-storm event inspections shall be conducted prior to re-commencing construction activities,
but no later than 72 hours following the s1om1 even t. The occurrence of any such dcl:1yed inspection mu s t be
documented in the inspection record . Routine inspections still must be conducted at lenst every 14 calendar
days .
2) In spec tions at Completed Sites/Arens -For sites or portions of sites that meet the following criteria, but fwnl
stnbilizntlon bas not been ac hieved due to a vegetative cover that has not become established, the permittee
shall make a thorough inspection of their stormwa!er management system at least once every montl1, and post·
storm event inspections ore not required. This reduced inspection schedule is only allowed if:
i) all construction ac tivities th at will result in surface ground disturbance ore completed;
ii) all nctivities required for final stabili1..ation, in accordance with the SWMP, have been completed, with
the exception of the application of seed that hos not occWTed due to seasonal conditions or the necessity
for additional seed application to augment previou s efforts; and
iii) U1e SWMP hos been nmended to indicate U1ose areas that will be inspected in accordance with the
reduced schedule allowed for in thi s paragraph.
PART!
Permit -Page 13
Permit No. COR-030000
D. TERMS AND CONDITIONS (cont)
3} \Vintcr Condl1lons Inspections Exclusion -Inspections are not required at sites where construction nc1ivitics
ore ten1porarily halted, snO\V cover exists over lhe entire site for an extended period, nru! melting conditions
posing n risk of surface erosion do not e•ist. This eKCeption Is applicable 2Dl:t during the period where melting
conditions do not exist, and t\pplies to the routine 14-day and monthly inspections, os \Veil as the post·stornt-
cvent inspcclions. The following lnforination n1ust be docun1cnted ln the inspection record for use of this
exclusion: dates \Vhen &nO\V cover occurred, date when construction activities ceased, and date melting
conditions began. Inspections, as described above, are required at all 01hc1· times.
\Vhen site conditions make the schedule required in this seclion impractical, the permittee may petition the Division
lo grant an alternate inspection schedule.
b) Inspection Requirements
1) Inspection Scope-The construction site perimeter, aU disturbed areas, 111aterial and/or waste storage areas that
ore exposed to precipitation, discharge locations, and Jocatious \Vhere vehicles nccess the site shall be inspected
for evidence of, or the potential for, pollutants leaving the construction site boundaries, entering the stonnwater
drainage system, or discharging to state-\Vaters. All erosion and sediment control practices identified in the
S\W..fP shall be evaluated to ensure that they nre inai.ntained and operating co1Tectly.
2) Inspection Report/Records-The permittee shall keep a record of inspections. Inspection reports must
identify any incidents of non-compliance \Vi th the terms and conditions of this permit. Inspection records 1nust
be retained for three years fron1 expiration or inactivation of pcnnit coverage. At a minimum, the inspection
report must include:
i)
ii)
iii)
iv)
v)
vi)
vii)
vii)
viii)
The inspectiOn date;
Nan1c(s) and title(s) of pcrwnnel making the inspection;
Lncation(s) of discharges of sediment or other pollutants from the site;
Location(s) of BMPs tl1at need to be maintained;
Location(•) ofBMPs U1a1 failed 10 operate as designed or proved inadequate for a particulnr location;
Location(s) \vhere additional B~lPs are needed that \Vere not in place at the tirue of inspection;
Deviations from the minitnun1 inspection schedule as provided in Pru11.0.6.a above;
Description of corrective action for items iii, iv, v, and vi, above, dates corrective action(s) taken, and
measures taken to prevent future violations, including requisite changes to the SWMP, os necessary; and
After edcquate corrective action(s) bas been taken, or where a rep<Hl docs not identify any incidents
requiring corrective action, the report shall contain n signed statement indicating the site is in con1pliance
with the permit to the best of the signer's knowledge and belief.
c) Required Actions Following Site Inspections -Where site inspeetions note the need for BMP maintenance
activities, BMPs must be maintained in accordance with the SWMP and Part l.D.7 of the permit. Repair,
replacement, or installation of new BMPs detennined necessary duriug site h1spections to address ineffective or
inadequate BMPs must be conducted in accordance with Part l.D.8 of the permit. SWMP updates required ns a
result of deficiencies in the SWMP noted during site inspections shall be made in accordance with Part l.D.5.c ofthe
permit.
7. BMP Maintenance
AU erosion and sediment control practices and other protective measures identified in the SWMP nu1st be maintained in
effective operating condition. Proper selection and installation of BMPs and implementation of comprehensive Inspection
and Maintenance procedures, in occordance \Vith the SWMP, should be adequate to meet this condition. BMPs that are not
adequately maintained in accordance with good engineering, hydrologic and pollution control practices, including removal
of collected sediment outside the acceptable tolerances of the BMPs, are considered lo be no longer operating effectively
and must be addressed in accordance with Part l.D.8, below. A specific timeline for implementing maintenance
procedures is not included in this pennit because BMP maintenance is expected to be proactive, not responsive.
Observations resu1ting in BMP maintenance activities cnn be made during a site inspection, or dwing general observations
of site conditions.
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PART!
Pem1it -Page 14
Pcnnit No. COR-030000
D. TERMS AND CONDITIONS (cont.)
8. Rcplncement und Fnlled BMPs
Adcquote site nssessment must be perfonned as part of comprehensive Inspection and Maintenance procedures, to nssess
the ndequacy of BMPs ot Ute site, and the necessity of changes to those BMPs to ensure continued effective performance .
Where site assessment results in the determination Umt new or replacement BMPs nre neccssnry, U1c BMPs must be
installed to ensure on-going implementntion ofDMPs ns per Pnrt I.D .2.
Where BMPs have foiled, resulting in 11oncompliauce witJ1 PBit I.D .2, they must be addressed ns soon as possible,
immediately in most cases, to minimize the discharge of pol111tnn1s.
When new BlvlPs are installed or BMPs nre replaced, the SWMP must be updated in accordance with Prut 1.0 .S(c).
9. Reporting
No scheduled repo11ing requirements nre included in this pem1i t; however, 01e Division reserves the right to request thnt n
copy of the inspection reports be submitted.
10. SWMP Avollabllltv
A copy of the SWMP shall be provided upon request to U1e Division, EPA , or nny local agency in chnrge of opproving
sediment nnd erosion plans, grading plans or stormwater management plans, and wiU1in the time frame specified in the
request. Jfthe SWMP is required to be submitted to any of these entities, it must include n signed certification in
accordance witJ1 PBit 1.F.I of U1c pennit, certifying Uiat the SWMP is complete nnd meets all permit requirements .
AU SW MPs required under this permit are considered reports that shall be available to the public 1111der Section 308(b) of
the CWA and Section 61.5(4) of the Colorado Discharge Pemtit System Regulations . The permittee shall make plans
available to members of the public upon request. However, Ui e pennittee may claim nny portion of a SWMP os
confidential in accordance with 40 CFR Part 2.
11. Total Maximum D:illv Load <TMDL)
If a TMDL hn s been approved for any watcrbody into which the permittee dischurges, and stormwatcr discharge s
associated wiU1 construction activity have been assigned a pollutant-specific Wnsteload Allocntioo (WLA) und er the
TMDL, the Division will either:
a) Ensure that the WLA is being impleoiented properly through alternative local requirements, such as by a municipal
stormwater pennit; or
b) Notify the permittee of tl1e WLA, and amend the permittee's certification to add specific DiV1Ps and/or other
requirements, as appropriate. The pennittce may be required to do the following:
I) Under the pemtittee's SWMP, implement specific management practices base d on requirements of the WLA,
and evaluate whether U1e requirements are being met through implementation of existing stonnwater BMPs or
if additiounl Blv1Ps are ncccssnry. DocWl1ent the calculations or other evidence that show that the requirement s
nre expected to be met ; nnd
2) If the evaluation shows that additional or modified DMPs are necessary, describe the type and schedule for the
BMP additions/revisions .
Di sc hnrge monitoring may al so be required. The pennittee may maintain coverage under the general permit provided they
comply with tl1e npplicablc requirements outlined nbove. The Division reserves the right to require individual or alternate
general permit coverage.
PART!
Permit -Page IS
Permit No. COR-030000
E. ADDITIONAL DEF!N!TIO.'IS
For the purposes of this permit:
I. Best Management Pratdces (BMPs): schedules of activities, prohibitions of practices, n1aintenance procedures, and
other n1Wlagen1ent practices to prevent or reduce the pollution of \Vaters of the State. BMPs also include IJeannent
requirements, operating procedures, pollution prevention, and practices to control site n1nofT, spillage or leaks, wnste
disposal, or drainage from materiaJ storage.
2. Dedicated asphnlt Jllnnts nnd concrete plants: portnble asphalt plrutts and concrete plants tliat are located on or adjacent
to a construction site and dint provide 1naterials only lo that specific constroction site.
3. Final stabHizatlon: when all ground swface disturbing activities at t11e site have been completed, and w1iform vegc1ntive
cover has been established \vith nn individual plant density of at least 70 percent of pre-disturbruice levels, or equivnl.,;nt
per1nanent 1 physical erosion reduction n1ethods have been eniployed. For pwposes of this permit, establishment of a
vegetntive cover capable of providing erosion control equivalenl to pre-existing conditions nt the site \viii be considered
final stabilization.
4. 1\-lunlclpal separate storm sewer system: n conveyance or systen1 of conveyances (including: roads \Vith drainage
systenis, municipal streets, catch basins, curbs, gutters, ditches, 1nan-made channels, or storm drains), owned or operated
by n Stnte, city, to\vn, county, district, or othur public body (created by state law), having jurisdiction over disposal of
sewage, industrial waste, stom1water, or other wnstes; designed or used for collecting or conveying stonn\vater.
S. Oper&tor: the entity that has day-~o-day supervision and control of activities occurring ot the construction site. This can
be the O\vner, thedeveloper, the general contractor or the agent of one of these parties. in some circumstances. It is
anticipated lhat at different phases of a construction project. different types of parties 1nay satisfy the definition of
'operato~ end that the permit may be trnnsferrcd as the roles change.
6. Outfall: a point source at the point \Vhere slorm\vater leaves the construction sile and discharges ton receiving \Valer or a
storm\vater coJlection sys1en1.
7. Part of a larger comn1on plnn of development or s11le: a contiguous nrea \Vherc 1nultiple separate nnd distinct
construcdon activities 1nay be taking pince al different times on different schedules.
8. Point source: any disceniible, confined and discrete conveyance fron1 which pollutants ore or may be discharged. Point
source discharges ofstormwnter resull from structures \vhich increase the ilnperviousness of the ground which acts to
collect runoff, with runoff being conveyed along the resulting drainage or grading pan em.
9. Po1lutant: dredged spoil, dirt, slurry, solid \vaste, incinerator residue, sewage, se\v8ge sludge, garbage, trash, chemical
waste, biologica1 nutrient, biologicnl n1a1erial, radioactive material, heat. wrecked or discarded equipment, rock, sand, or
any industrial, mimicipal or agricultural waste.
10. Process water: any \Yater \Vhicb, during manufacturing or processing, comes into contact \Vith or results from the
production of any raw material, intermediate product, finished produc~ by product or waste product. This definition
includes mine drainage.
I I. Receiving Water: any classified stream segm~nt (including tributaries) in the State of Colorado into which stonuwatcr
related to construction activities discharges. This definition includes all \Valer courses. even if they are usually dry, such as
borro\v ditches, arroyos. and olhe~ wmamed waterways.
12. Significant 1\-taterlals include, but are not limited to: raw 1naterials; fuels; n1aterinJs such as solvents, delergents, and
plnstic pellets; finished materials such es metallic products; raw materials usCd in food processing or production; hazardous
substances designated undersection 101(14) of CERCLA; any chemical the facility isrequired to report pursuant lo
section 313 oftille Ill of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have tl1e
potential to be released with stormwater discharge.
13. Storu1water: precipitation-induced surface runoff.
..
PART!
Permil -Page 16
Permit No. COR-030000
F. GENERAL REQUIREMENTS
I. Signatpn Requirements
a) All reports required for submittal shall be signed and certified for accuracy by !he permiuee in accordance witl1 lhe
fotlo\ving criteria:
I) In the case of corporations, by a principal executive officer of at least the level ofvice·president or his or her
duly aut11orized representative, if such rcpresentinive is responsible for the overall operation of the facility front
which tlte discharge described in !he form origina1es;
2) In !he case of a parlncrship, by a general partner;
3) In 1he cnse of a sole proprietorship, by tl>e proprie1or;
4) In the case of a rntmicipnJ, state, or other public facility, by either a principal executive officer, ranking elected
official, or other duly authorized en1ployee, if such representative is responsible for lhe overall operation of the
facility front which the discharge described in the form originates.
b) Changes to nuthoriznUon. If mt authorization under paragraph a) of this section is no longer accwete because a
different individual or position has responsibility for 1he overall operation of the facility, a ne\v authorization
satisfying the re.quiren1ents of paragraph a) of this section 1nus1 be subnlitted to the Division, prior lo or together
\vith any reports, infonuation, or applications to be signed by an authorized representa1ive.
c) Cerllfieallon. Any person signing a docuinenl under paragraph a) of Ibis seclion shall make tlte following
certification:
"I certify under penalty of la\v lhal this document and all nttnclunents \Vere pa·epared w1dcr n1y direction or
supervision in accordance \vith a systen1 designed to ossure that qualified personnel properly gather mid
evaluate the infonnation subntitted. Based on n1y inquiry of the person or persons \Vho 1nanage the sys1en1, or
those Persons directly responsible for gaU1ering t11e infor1natio11, die infonnation submitted is, to the best of 1ny
kno\vledge and bcliet: true, accurate, ond complete. I am a\vare 1hat there are significant penalties for
submitting faJse informalion, including U1e possibility of fine and itnprisomncnt for knowing violations."
2. H.ct~ntion or Records
a) The p<rmillee shall rc1au1 copies of !be SWMP and all reports required by U1is permil and records of all da1a used lo
complete the application 10 be covered by this pemtit, for three years after expiration or inactivadon of pernUt
coverage.
b) The permiltee shall reiain a copy of tl1e SWMP required by Ibis permil al !he eonsuuetion she from tl1e dale of
project initiation to the date of expiration or inactivation of pennil coverage, unless another Jocation, specified by
Ute permiuee, Is approved by tl1e Division.
3. Monitoring
Tho Division reserves !he righl 10 require sampling and leSling, on a case-by-case ba..is (see Part l.D.l.e). for example 10
implement the provisions of a TMDL (see Part I.D.11 of !he permit). Reporting procedures for any moniloring doll!
collecled will be included in !he notilicalion by !he Division of moniloring requiremenls.
lfmoniloring is required, !he following definitions apply:
a) The thirty (30) day average shall be delermined by !he arilhmelic mean of all samples collecled during a thirty (30)
conseeulive-day period.
b) A grab sample, for 1nonitori11g requirements, is a singJe 1'dip and take" sample.
PARTll
A. MANAGEMENT REQUIREMENTS
I. An1ending a Permit Certification
The perminee shall infonn Ille Division (Permits Section) in writing of changes to Ille infommtion provided in the permit
application, including the legol contact, the project legal description or map originally submitted wiU1 the applicalion, or
the planned loL1l disturbed acreage. The penuittee shall furnish Ille Division wiU1 ony plons mid specifications which Ille
Division deems reasonably necessary to evilluate the effect on 1he discharge and receiving streain. If opplicable, this
notification may be accomplished through submillal of an upplicalion for a COPS process water permit authorizing the
discharge. The SWMP shall be updated and implemented prior lo lhe changes (see Part J.D.5.c).
Any discharge to the woters of the State from a point source other d1an specificnlly authorized by this pemUt or a different
COPS permit is prohibited.
2. Special Nollflcnllons -pefinJtlon1
a) Splll: An nninlcntional release of solid or liquid material which may cause pollution of stale waters.
b) Upset: An exceptional incident in which there is wlintentional and temporary noncompliance with pernllt discharge
limitalions because of factors beyond the reasonable control of the penuinee. An upset does not include
uoncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventative maintenance, or careless or improper operation.
3. Noncomplinnce NntlflcaUon
n) The pemlinee shall report the following instances of noncompliance:
I) Any noncompliance \Yhich may endanger health or the cnvironn1ent;
2) Any spill OI' discharge of hazardous subsL1nces or oil which may cause pollution of the waters of the Slate.
3) Any discharge of storm\vater \vhlch may cause ru1 ex.ceedance of a \Yater qunJity standard.
b) For all instances ofnonco1npliance based on environnlCntal hazards and che1nical spills and releases, an needed
infonnation must be provided orally 10 the Colorado Depenmenl of Pcblic Hea!U1 and Environment spill reporting
line (24-hour number for environmenlal hazards and chemical spills nud releases: 1-877-518-5608) within 24 hours
from the time the permittee becomes aware of the circumstances.
For nll other instances ofnonco1npliance as defined in this section, nll needed infor1nntion must be provided orally to
the Water Quality Control Division wiU1in 24 hours !Tom !he rime the penuillee becomes aware of the
circumstances.
For all instances of noncompliance identified here, a written submission shall also be provided within S calendar
days of lhe time the penuinee becomes a\vare of the circwnstances. The wrinen sub1nission shall contain o
description of: ·
l) The noncompliance and its cause;
2) The period ofnoncomplianee, including exact dales and limes, and if Ille noncompliance has not been
corrected, the anticipated dnre it is expected to continue;
3) Steps laken or planned to reduce, elintlnate, and prevent reoccurrence of the noncompliance.
r
I
A. MANAGEMENT REQUIREMENTS (cont.)
4. Submission or Incorrect or lncon1plete lnformntlon
\Vhere die penuittee failed to subntlt nny relevant facts in a pennit application. or subntitted incorrect information inn
pemlit application or report lo the Division, or relevant ne\v information becon1es available, the permittee shall pro1nptly
subntit the relevant application information \Vhich was not submined or any additional infonnation needed to correct any
erroneous inforination previously submitted.
S. Bypnss
a) A bypass, which causes effluent limitations (i.e., requirements to hnplement BMPs in accordance with Parts 1.8.3
and l.D.2 of the perntit) to be exceeded is prohibited, and the Division may take enforcement action against a
pcnnittee for such a bypass, unless:
1) BypaSs \vas wiavoidable to prevent loss of life, personal ittjury, or severe property damage;
2) There were no feasible alternatives to die bypass, such as the use ornuxiliary trentment facilities (e.g.,
alternative BMPs), retention of untreated \Vastes, or maintenance during normal periods of equipment
do\vntin1e. This condition is not salisfied iflhe pemiittee could have installed adequate backup equipment (e.g.,
implemented additional BMPs) to prevent n bypass which occurred during normal periods or equipment
do\vntime or preventative 1naintenance; nod
3) The perrnittee subntltted notices as required in "Non·Con1pliance Notification," Part 11.A.3.
a) Effect of nn Upset: An upset constitutes nn afflnnative defense to an action brought for noncon1pliancc \Vith pcnnit
lhuitarioos nnd requirements if t11e requiren1ents of paragraph b of this section are n1et. (No detenninntion nmde
dwing adntinistrntive revie\v of claims t11ut noncon1pliance was caused by upset,. and before nn action for
noncompliance, is final adntinistrntive action subject tojudicinl revie\v,)
b) Conditions Necessary for n Den1onstration of Upset~ A pennittcc \Vho \Vishes to establish the affll'nmtivc defense
of upset shall de1nonstrnte through properly signed contcmpol'ancous operating logs, or othel' relevant evidence that:
I) An upset occurred and that th• permittee can identiry tl1e specific caose(s) orthc upset;
2) The permitted facility was at die time being properly operated;
3) The pennittee submitted notice or the upset as required in Part 11.A.3. of this permit (24-hour notice); ru1d
4) The permittee complied with any remedial mensurcsrequired under 40 CFR Section 122.41 ( d) of the red era!
regulations or Section 61.8(3)(h) or the Colorado Discharge Permit System Regulations.
c) Burden or Proof: In any enforcement proceeding the permittee seeking to cstabli~1 the occurrence or an upset has
the burden or proof.
7. Removed Substances
Solids, sludges, or other pollutants removed in the course ortreatment or control of discharges shall be properly disposed
of in a n1aru1er such as to prevent any pollutant from such materials from entering waters of t11e State,
8. Minimization of Adyerse Impact
'fhe permiltee shall take all reasonable steps to minimize any adverse impact to waters or the State r<Sldting from
nonco1npliru1ce \Vith nny terms and conditions specified in this pennit. including such accelerated or additional monitoring
ns necessary to determine the nature and impact or the noncomplying discharge.
t_
I
A. MANAGEMENT REQUIREMENTS (cont.)
9. Reduction, Loss, or Fnllurc of Stormwater Controls
The perminee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit requirements .
Upon reduction, Joss, or failure of any stonuwater controls, the perminee shall, to the extent necessary to maintain
compliance with its pcmut, control production, or remove all pollutant sources from exposure to stormwater, or both, until
·the stormwatcr controls are restored or an altemalive metl1od of treatment/control is provided.
It shall not be a defense for a permittec in nn enforcement action that it would be necesswy to hnlt or reduce the pemtined
activity in order to maintain compliance with the conditions of this pcnnit.
10. Proper Operntlon and Mnlntenancc
The pem1ittec shall at nil times properly operate and maintain all facilities nod systems of treatment and control (and
related appurtenances) which are installed or used by the pcrmittee to achieve compliance with the conditions of tl1is
permit. Proper operation and maintenance includes effective performance, ndeq11a1e funding, adequate operator staffing
and training, and adequate lubomtory 1111d process controls, including appropriate quality assurance procedures . This
provision requires the operation of back-up or auxiliary facilities 01· similar systems only when necessary to achieve
compliance with the conditions of U1e permit.
D. RESPONSIBILITIES
I. Inspections and Right to Entrv
The permittee shall allow Uic Director of the State Water Quality Control Division, the EPA Regional Admini strator,
and/or Uieir auU1orized representative(s), upon the presentation of credentials:
a) To enter upon the pem1i1tee's premises where a regulated facility or activity is located or in which any records are
required to be kept under U1e terms and conditions of this permit;
b) At reasonable times to h:ive access to and copy any records required to be kept under the terms and conditions of
this pennit and to inspect any monitoring equipment or monitoring method required in the permit; and
c) To enter upon the pennittec's premises to investigate, witll.in reason, any actual, suspected, or potential source of
water pollution, or any violation of the Colorado Wnter Quality Control Act. The invcsligarion may include, but is
not limited to, the following : sampling of any discharge nnd/or process waters, U1e taking of photographs,
interviewing permittec staff on alleged violations nnd other matters related to the permit, and access to any and all
facilities or ru:ea.~ within the pennittee's premises that may have any effect on the discharge, permit, or any alleged
violation.
2. Duty to Provide lnformut!on
The penuittee shall furnish to the Division, within the time frnme specified by the Division, any information which the
Division may request to determine whether cause exists for modifying, revoking nod reissuing, or inactivating coverage
under this pennit, or to determine compliance witb this pennit. The permittee shall also furnish to the Division, upon
request, copies of records required to be kept by this permit.
3. Transfer of Ownership or Control
Certification under this pernut may be transferred to a new pemtlttce if:
,.
a) The current pennittee notifies the Division in writing when Uic transfer is desired as outlined in Part 1.A .7; and
b) The notice includes a wrinen agreement between the ex.isting and new pem1ittees containing u specific date for
transfer of permit responsibility, eoverage and liability between tl1em; and
c) The current pennittee has met all fee requirements of Uie Colorado Discharge Permit System Regulations, Section
61.15.
B. RESPONSIB!LITIES(cont.)
4. Modlncutlon, Suspension, or Revocation of Permit Dy Division
AU permit modification , inactivation or revocation and reissuanee actions shall be subject to the requirements of the
Colorado Di scharge Permit System Regulations, Sections 61 .5(2), 61.5(3), 61.7 and 61 .15 , 5 C.C.R. 1002-61, except for
minor modific atio ns .
n) This perm.it, Md/or cc11ification undcr this permit, may be modified, suspended, or revoked in whole or in part
during its tcnn for reasons determined by the Divi sio n including , but not limited to, the following :
I) Violation of 1111y terms or conditions of the permit;
2) Obtaining a pe rmi t by mi srepresentation or failing to disc lose any fact which is materinl to the granting or
denial of n pemtlt or lo the establishment of terms or conditions of the permit;
3) Materially false or inaccurate statements or informatiou in the application for the permit ;
4) Promulgation of to xic effiu ent standards or prohibitions (including any schedule of compliance specified in
such effiuent standard or prohibition) whlch are established under Section 307 of the Clenn Water Act , where
such a toxic pollutant is present in the di scharge and such standnrd or prohibition is more stringent than nny
limitntion for such pollutnnt in this pemtlt.
b) Tltl s permit, ancl/or ccrtificillion Wlder thi s pcmtlt , may be modified iu whole or in part due to a change in nny
condition that requires either a temporary or permanent reduction or elimination of the pc1mitted di scharge, such as:
I) Promulgation of Wat er Quality Standards applicable to waters affected by the permitted di sc harge; or
2) Eftlu ent lintltetions or other requirement s appl ic able pursuant to the State Act or federal requireme nt s; or
3) Control regulations promulgated ; or
4) Other available information indicat es 11 potentinl for viol ation of adopted Water Quality Standards or stream
classilkntions.
c) This permit, or certification wider tl1is perntlt, may be modified in whole or in pnr t to include new effluent
lim itations and other nppropriatc pem1it conditions where data subntltted pur suant to Part I jndic ate that such
effluent limitation s and perntlt condition s are necessary to ensure compliance with applicable water quality
stlllldards nnd protec tion of clnssificd uses.
d) At th e requ est of the permittee, the Divi sion may modify or inactivate certification under thi s permit if the following
conditions arc met:
I) In the CMC of inactivation, the permittee notifies the Divi sion of its intent to inactivate the certific ation, and
certifies that th e site bns been fmally stabilized;
2) In the case of innctivation, the pennittee bas ceased WlY Md all di scharges to state waters and demonstrates to
the Division there is no probabili ty of further uncontrolled di sc harge(s) which may affect waters of the State .
3) The Division fmd s that the pcmiittce has shown reasonable grounds consistent with the Federal and State
statutes and,,.regulations for such modification, nmendmeut or inactivation;
4) Fee requirements of Section 61.15 of the Colorado Di scharge Perntlt System Regulations have been met; nnd
5) Applicabl e requirements of public noti ce have been met .
For snuill construction sites covered by a Qualifying Local Program, coverage under this permit is mllomatieally
terminated when a site has been finally stabili ze d.
B. RESPONSIBILITIES (cont.)
5. Permit V!olntlous
Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit.
Dischargers of storrnwater associated with industrial activity, as defined in the EPA Stormwater Regulation ( 40 CFR
122.26{b)( 14) and Section 61.3(2) of the Colorado Discharge Permit System Regulations, which do not obtain coverage
under th.is or otl1er Colorndo general pemiits, or under 11n individual COPS 1>en11it regulating industrial stormwater, will be
in violation of the federal Clean Water Act and the Colorado Water Quality Control Act, 25-8-101, as amended. Failure to
comply with CDPS penni_t requirements will also constitute a violation.
6. Legal Respouslbilitlcs
The issuance of this permit docs not convey any property or water rights in either real or personal property, or su·eam
flows, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights,
nor nny infringement of Fcdernl, State or local laws or regulations.
Nothing in tJiis permit shall be construed to preclude the institution of any legnl action or relieve the penuittee from any
responsibilities, liabilities, or penalties established pursuant to 1111y applicable State law or regulntion 1mder authority
srruued by Section 510 of the Clenn Water Act.
7. Severobllity
The provisions of this pemtit are severable. If any provisions of this permit, or the application of any provision of tJus
pennit to any circmmtance, are held invalid, the application of such provision to other circumstances and the application of
the remainder of this permit shall not be nffcctcd.
8. Renewal Application
If the permittee desires to continue to discharge, a permit renewlll application shall be submitted at least ninety (90) days
before this permit expires. If the pcrmittec anticipates that there will be no discharge after the expiration date of this
permit, the Division should be promptly notified so that it can innctivate the certificntion in accordance with Part 11 .B.4 .d.
9. Confldentlalltv
Except for data detennined to be confidential under Section 308 of the Federal Clean Water Act nod Colorado Discharge
Pennit System Regulations, Section 61.5(4), oil reports prepared in accordance witJ1 the terms of this permit shnll be
nva.iluble for public inspection nt the offices of the Division. The penuittee must state what is confidential at the time of
submittal.
Any infonnntioo relating to nny secret process, method ofmnnufocture or production, or snles or marketing data which has
been declared confidential by the pennittee, nnd which may be acquired, ~certained, or discovered, whetJ1er in any
sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by lilly member, officer, or
employee of the Comnuss!on or the Division, but shnll be kept confidential. Any person seeking to invoke the protection
of this section shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full
disclosure of emuent data .
10 . Fees
The permittee Is reqnire_d to submit payment of 1111 annual fee as set forth in the Water Quality Control Act. Fnilure to
submit tJ1e required fee when due and payable is n violation of the permit and will result in enforcement action pursuant to
Section 25·8·601 et. seq., C.R.S. 1973 as amended.
B. RESPONSIBILITIES (cont.)
11. Requiring an Indlvldunl CDPS Permit
The Director 1nay require the pernlinee to apply ror and obtain nn individual or alten1a1e general COPS pcmllt if:
n) The discharger is not in co1npliance \ViUt the condilions of th.is general permit;
b) Conditions or standards have changed so that the discharge no longer qualifies for u general pcnnitj or
c) Data/infor1nation becon1e available \Vhich indicate \Valer quality standards may be violated.
The pem1ittec rnust be notified in writing that an application for nn individual or alternate general CDPS pennit is required.
When an individual or ahen1ate general CDPS pennit is issued to m1 operator otherwise covered under this general pemllt,
the nppUcability of this general pennit to d1at operator is auton1aticillly inactivated upon the effective date of the individual
or altemnte genernl COPS permit.
Water Q11ality Comro/ Division
WQCD-P-B2
I
I
I
P.O. Box 1906
Rifle, CO 81650
March 23, 2007
Garfield County Road and Bridge
0567 County Road 352
Rifle, CO 81650
To Whom It May Concern:
P: (970) 625-8270
F: (970) 625-8271
Hyland Enterprises, Inc provides road maintenance, including snow removal and dust
suppression for Chevron on Deer Park, Tom Creek, Clear Creek and Chapel Well Roads year
around.
Bill Davis
District Manager
Bottom Frame Page 1of1
TECHNICAL SUPPORT e iidiliM
http s://www.avuecentral.com/casting/bottomProfil e.jsp 7 /20/2009
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COGIS -Surety Detail
COMPANY DETAIL REPORT for Surety ID: 1995-0031
CHEVRON US A INC -#16700
6001 BOLLINGER CANYON RD
SAN RAMON , CA 94583
USA
SURETY DETAIL INFORMATION
Surety ID: 1995-0031
Status: ACTIVE
Operator Number: 16700
Bond Amount: $25,000.00
Instrument: INSURANCE
Instrument U80 61 57-65 Number:
Coverage: BLANKET
Bond Type: SURFACE
Limitation: 0
Deposit Number:
POPA Number:
Received Date: 8/25/1995
Approved Date: 8/29/1995
Maturity Expire
Date:
FA Provider 89199 Number:
FA Provider Name: TRAVELERS CASUAL TY AND SURETY
COMPANY OF AMERICA
Deposit Date:
Release Request N/A Date:
Release Date: N/A
http://cogcc.state.eo.us/ 1/29/2009
STATE OF COLORADO
COLORADO DEPARTMENT OF PUBLIC HEAL TH AND ENVIRONMENT
AIR POLLUTION CONTROL DIVISION
TELEPHONE: (303) 692-3150
CONSTRUCTION PERMIT
PERMIT NO: 08GA1117
Issuance 1
DATE ISSUED: Janu;i.'})'. 30, 2009
1.;nevron USA, Inc. ISSUED TO:
THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS:
Natural gas gathering facility, known as the Piceance Field, located in the southeast
quarter of the soutwest quarter of Section 36, Township 5 South, Range 98 West, in
Garfield County, Colorado.
THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING:
Facility AIRS Equipment Point Description
ID
One (1) Caterpillar, Model G3516 LE, Serial NumberTBD, natural
gas-fired, turbo-charged, 4SLB reciprocating internal combustion
3002 002 engine, site rated at 1219 horsepower at 1400 RPM. This
emission unit is used as a natural gas compressor.
This engine may be replaced with another engine in accordance with the temporary
engine replacement provision or with another Caterpillar G3516 LE engine in
accordance with the permanent replacement provision of the Alternate Operating
Scenario (AOS), included in this permit as Attachment A.
AIRS ID: 045/1033/002 Page 1 of 15
NGEngine Version 2008-1
Chevron USA, Inc.
Permit No. OBGA 1117
Issuance 1
Colorado Department of Public Health and Environment
Air Pollution Control Division
THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO
AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND
CONTROL ACT C.R.S. (25·7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS
INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS:
REQUIREMENTS TO SELF-CERTIFY FOR FINAL AUTHORIZATION
1. YOU MUST notify the APCD no later than thirty days after commencement of the
permitted operation or activity by submitting a Notice of Startup !NOS) form to the
APCD. The Notice of Startup (NOS) form may be downloaded online at
www.cdphe.state.co.uslap/downloadforms.html. Failure to notify the APCD of startup of
the permitted source is a violation of AQCC Regulation No. 3, Part B, Section 111.G.1 and
can result in the revocation of the permit.
2. Within one hundred and eighty days (180) after commencement of operation,
compliance with the conditions contained on this permit shall be demonstrated to the
Division. It is the permittee's responsibility to self-certify compliance with the conditions.
Failure to demonstrate compliance within 180 days may result in revocation of the
permit. (Reference: Regulation No. 3, Part B, 11.G.2).
3. This permit shall expire if the owner or operator of the source for which this permit was
issued: (i) does not commence construction/modification or operation of this source
within 18 months after either, the date of issuance of this construction permit or the date
on which such construction or activity was scheduled to commence as set forth in the
permit application associated with this permit; (ii) discontinues construction for a period
of eighteen months or more; (iii) does not complete construction within a reasonable
time of the estimated completion date. The Division may grant extensions of the
deadline per Regulation No. 3, Part B, 111.F.4.b. (Reference: Regulation No. 3, Part B,
111.F.4.)
4. The operator shall complete all initial compliance testing and sampling as required in this
permit and submit the results to the Division as part of the self-certification process.
(Reference: Regulation No. 3, Part B, Section 111.E.)
5. The permit number and AIRS ID number shall be marked on the subject equipment for
ease of identification. (Reference: Regulation Number 3, Part B, 111.E.) (State only
enforceable)
6. The serial number of the subject equipment shall be provided to the Division within thirty
days (30) after commencement of operation. This information shall be included on the
Notice of Startup (NOS) submitted for the equipment. (Reference: Regulation No. 3, Part
B, 111.E.)
7. The operator shall retain the permit final authorization letter issued by the Division after
completion of self-certification, with the most current construction permit. This
construction permit alone does not provide final authority for the operation of this source.
AIRS ID: 04511033/002 Page 2 of 15
Chevron USA, Inc.
Permit No. OBGA 1117
Issuance 1
Colorado Department of Public Health and Environment
Air Pollution Control Division
EMISSION LIMITATIONS AND RECORDS
8. Emissions of air pollutants shall not exceed the following limitations (as calculated in the
Division's preliminary analysis). (Reference: Regulation No. 3, Part B, Section 11.A.4)
Annual Limits:
Facility AIRS Tons per Year
Emission Type Equipment ID Point NO, voe co
3002 002 17.5 3.4 26.4 Point
See "Notes to Permit Holder #4 for mformat1on on emission factors and methods used to
calculate limits.
Annual records of the actual emission rates shall be maintained by the applicant and
made available to the Division for inspection upon request.
PROCESS LIMITATIONS AND RECORDS
9. This source shall be limited to the following maximum consumption, processing and/or
operational rates as listed below. Annual records of the actual consumption rate shall be
maintained by the applicant and made available to the Division for inspection upon
request. (Reference: Regulation 3, Part B, 11.A.4).
Process/Consumption Limits
Facility AIRS Annual Equipment Point Process Parameter Limit ID
3002 002 Consumption of natural gas as a 83.00
fuel MMscf/vr
STATE OR FEDERAL REGULATORY REQUIREMENTS
10. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation
of the source. During periods of startup, process modification, or adjustment of control
equipment visible emissions shall not exceed 30% opacity for more than six minutes in
any sixty consecutive minutes. (Reference: Regulation No. 1, Section 11.A.1. & 4.)
11. This source is subject to the odor requirements of Regulation No. 2. (State only
enforceable)
AIRS ID: 045/1033/002 Page 3of15
Chevron USA, Inc.
Permit No. 08GA 1117
Issuance 1
Colorado Department of Public Health and Environment
Air Pollution Control Division
12. This equipment is subject to the control requirements for natural gas-fired reciprocating
internal combustion engines under Regulation No. 7, Section XVll.E (State only
enforceable). The owner or operator of any natural gas-fired reciprocating internal
combustion engine that is either constructed or relocated to the state of Colorado from
another state after the date listed in the table below shall operate and maintain each
engine according to the manufacturer's written instructions or procedures to the extent
practicable and consistent with technological limitations and good engineering and
maintenance practices over the entire life of the engine so that it achieves the emission
standards required in the table below:
Maximum Construction or Emission Standard in g/hp-hr
Engine HP Relocation Date
NOx co voe
100<HP<500 January 1, 2008 2.0 4.0 1.0
January 1, 2011 1.0 2.0 0.7
500<HP July 1, 2007 2.0 4.0 1.0
July 1, 2010 1.0 2.0 0.7
COMPLIANCE TESTING AND SAMPLING
Periodic Testing Requirements
13. This engine is subject to the periodic testing requirements as specified in the operating
and maintenance (O&M) plan as approved by the Division. Revisions to your O&M plan
are subject to Division approval. Replacements of this unit completed as Alternative
Operating Scenarios may be subject to additional testing requirements as specified in
Attachment A
AIRS ID: 045/1033/002 Page 4of15
Chevron USA, Inc.
Permit No. 08GA 1117
Issuance 1
Colorado Department of Public Health and Environment
Air Pollution Control Division
ADDITIONAL REQUIREMENTS
14. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation
No. 3, Part A, 11.C)
a. Annually whenever a significant increase in emissions occurs as follows:
For any criteria pollutant:
For sources emitting less than 100 tons per year, a change in actual emissions
of five (5) tons per year or more, above the level reported on the last APEN; or
For any non-criteria reportable pollutant:
If the emissions increase by 50% or five (5) tons per year, whichever is less,
above the level reported on the last APEN submitted to the Division.
b. Whenever there is a change in the owner or operator of any facility, process, or
activity; or
c. Whenever new control equipment is installed, or whenever a different type of
control equipment replaces an existing type of control equipment; or
d. Whenever a permit limitation must be modified; or
e. No later than 30 days before the existing APEN expires.
f. Within 14 calendar days of commencing operation of a permanent replacement
engine under the alternative operating scenario outlined in this permit as
Attachment A or B. The APEN shall include the specific manufacturer, model
and serial number and horsepower of the permanent replacement engine or
turbine, the appropriate APEN filing fee and a cover letter explaining that the
permittee is exercising an alternative-operating scenario and is installing a
permanent replacement engine or turbine.
GENERAL TERMS AND CONDITIONS:
15. This permit and any attachments must be retained and made available for inspection
upon request. The permit may be reissued to a new owner by the APCD as provided in
AQCC Regulation No. 3, Part B, Section 11.B upon a request for transfer of ownership
and the submittal of a revised APEN and the required fee.
16. Issuance of a construction permit does not provide "final" authority for this activity or
operation of this source. Final authorization of the permit must be secured from the
APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and
AQCC Regulation No. 3, Part B, Section 111.G. Final authorization cannot be granted
until the operation or activity commences and has been verified by the APCD as
conforming in all respects with the conditions of the permit. Once self-certification of all
points has been reviewed and approved by the Division, it will provide written
documentation of such final authorization. Details for obtaining final authorization to
operate are located in the Requirements to Self-Certify for Final Authorization
section of this permit.
AIRS ID: 045/1033/002 Page 5 of 15
Chevron USA, Inc.
Permit No. OBGA 1117
Issuance 1
Colorado Department of Public Health and Environment
Air Pollution Control Division
17. This permit is issued in reliance upon the accuracy and completeness of information
supplied by the applicant and is conditioned upon conduct of the activity, or construction,
installation and operation of the source, in accordance with this information and with
representations made by the applicant or applicant's agents. It is valid only for the
equipment and operations or activity specifically identified on the permit.
18. Unless specifically stated otherwise, the general and specific conditions contained in this
permit have been determined by the APCD to be necessary to assure compliance with
the provisions of Section 25-7-114.5(7)(a), C.R.S.
19. Each and every condition of this permit is a material part hereof and is not severable.
Any challenge to or appeal of a condition hereof shall constitute a rejection of the entire
permit and upon such occurrence, this permit shall be deemed denied ab .inilio. This
permit may be revoked at any time prior to self-certification and final authorization by the
Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality
Control Act and regulations of the Air Quality Control Commission (AQCC), including
failure to meet any express term or condition of the permit. If the Division denies a
permit, conditions imposed upon a permit are contested by the applicant, or the Division
revokes a permit, the applicant or owner or operator of a source may request a hearing
before the AQCC for review of the Division's action.
20. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution
Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and
administration. If a source or activity is to be discontinued, the owner must notify the
Division in writing requesting a cancellation of the permit. Upon notification, annual fee
billing will terminate.
21. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution
Prevention and Control Act or the regulations of the AQCC may result in administrative,
civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121
(injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S.
'·~m~ Permit Engineer
Permit History
Issuance Date Description
Issuance 1 This Issuance Issued to Chevron USA, Inc.
AIRS ID: 045/1033/002 Page 6 of 15
Chevron USA, Inc.
Permit No. OBGA 1117
Issuance 1
Notes to Permit Holder:
Colorado Department of Public Health and Environment
Air Pollution Control Division
1) The production or raw material processing limits and emission limits contained in this permit are
based on the consumption rates requested in the permit application. These limits may be revised
upon request of the permittee providing there is no exceedance of any specific emission control
regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and
application form must be submitted with a request for a permit revision.
2) This source is subject to the Common Provisions Regulation Part II, Subpart E, Affirmative Defense
Provision for Excess Emissions During Malfunctions. The permittee shall notify the Division of any
malfunction condition which causes a violation of any emission limit or limits stated in this permit as
soon as possible, but no later than noon of the next working day, followed by written notice to the
Division addressing all of the criteria set forth in Part 11.E.1. of the Common Provisions Regulation.
See: http://www.cdphe.state.co. us/reg ulations/airregs/1001 02aqcccommonprovisionsreg. pdf.
3) The following emissions of non-criteria reportable air pollutants are estimated based upon the
process limits as indicated in this permit. This information is listed to inform the operator of the
Division's analysis of the specific compounds emitted if the source(s) operate at the permitted
limitations.
Uncontrolled
Emission Are the Controlled
AIRS Rate emissions Emission
Point Pollutant GAS# BIN llb/vrl reportable? Rate llb/vrl
Formaldehyde 5000 A 6515 Yes 6515
Acetaldehyde 75070 A 682 Yes 682
Aero le in 107028 A 419 Yes 419
002 Methanol 67561 c 204 No 204
n-Hexane 110543 c 91 No 91
Benzene 71432 A 36 No 36
Toluene 108883 c 33 No 33
AIRS ID: 045/1033/002 Page 7 of 15
Chevron USA, Inc.
Permit No. 08GA 1117
Issuance 1
Colorado Department of Public Health and Environment
Air Pollution Control Division
4) The emission levels contained in this permit are based on the following emission factors:
Point 002:
Emission Factors -Uncontrolled
CAS Pollutant lb/MMBtu Q/bhp-hr Source
NOx 0.4278 1.5000 Manuf. EF
co 0.6474 2.2700 Manuf. EF
voe 0.0827 0.2900 Manuf. EF
5000 Formaldehyde 0.0799 0.2800 Manuf. EF
75070 Acetaldehyde AP-42; Table
3.2-2 (7/2000);
0.0084 0.0293 Natural Gas
107028 Acrolein AP-42; Table
3.2-2 (7/2000);
0.0051 0.0180 Natural Gas
67561 Methanol AP-42; Table
3.2-2 (7/2000);
0.0025 0.0088 Natural Gas
110543 n-Hexane AP-42; Table
3.2-2 (7/2000);
0.0011 0.0039 Natural Gas
71432 Benzene AP-42; Table
3.2-2 (7/2000);
0.0004 0.0015 Natural Gas
108883 Toluene AP-42; Table
3.2-2 (7/2000);
0.0004 0.0014 Natural Gas
Emission factors are based on a Brake-Specific Fuel Consumption Factor of 7730 Btu/hp-hr, a
site-rated horsepower value of 1219, and a fuel heat value of 983 Btu/scf.
5) In accordance with C.R.S. 25-7-114.1, the Air Pollutant Emission Notice (APEN) associated with this
permit is valid for a term of five years. The five-year term for this APEN expires on October 15, 2013.
A revised APEN shall be submitted no later than 30 days before the five-year term expires.
6) This engine is subject to 40 CFR, Part 60, Subpart JJJJ-Standards of Performance for
Stationary Spark Ignition Internal Combustion Engines (See January 18, 2008 Federal Register
posting -effective March 18, 2008). This rule has not yet been incorporated into Colorado Air Quality
Control Commission's Regulation No. 6. A copy of the complete subpart is available on the EPA
website at: http://www.epa.gov/ttn/atw/area/fr18ja08.pdf
7) This engine is subject to 40 CFR, Part 63, Subpart ll.ZZ -National Emission Standards for
Hazardous Air Pollutants for Reciprocating Internal Combustion Engines. (See January 18,
2008 Federal Register posting -effective March 18, 2008). The January 18, 2008 amendments to
include requirements for area sources and engines :o 500 hp located at major sources have not yet
been incorporated into Colorado Air Quality Control Commission's Regulation No. 8. A copy of the
complete subpart is available on the EPA website at: http://www.epa.gov/ttn/atw/area/fr18ja08.pdf
Additional information regarding area source standards can be found on the EPA website at:
http://www.epa.gov/ttn/atw/area/arearules.html
AIRS ID: 045/1033/002 Page 8 of 15
Chevron USA, Inc.
Permit No. OBGA 1117
Issuance 1
Colorado Department of Public Health and Environment
Air Pollution Control Division
8) This facility is classified as follows:
Applicable Status Requirement
Operating Permit Minor
PSD Minor
MACTHH Major Source Requirements: Not Applicable
Area Source Requirements: Not Aoolicable
MACTZll.Z Major Source Requirements: Not Applicable
Area Source Requirements: Aoolicable
9) Full text of the Title 40, Protection of Environment Electronic Code of Federal Regulations can be
found at the website listed below:
http://ecfr.gpoaccess.gov/
Part 60: Standards of Performance for New Stationary Sources
NSPS 60.1-End Subpart A-Subpart KKKK
NSPS Part 60, Appendixes Appendix A -Appendix I
Part 63: National Emission Standards for Hazardous Air Pollutants for Source Categories
MACT 63.1-63.599 Subpart A-Subpart Z
MACT 63.600-63.1199 Subpart AA-Subpart DOD
MACT 63.1200-63.1439 Subpart EEE -Subpart PPP
MACT 63.1440-63.6175 Subpart QQQ -Subpart YYYY
MACT 63.6580-63.8830 Subpart llll-Subpart MMMMM
MACT 63.8980-End Subpart NNNNN -Subpart XXXXXX
10) An Oil and Gas Industry Construction Permit Self-Certification Form is included with this permit
packet. Please use this form to complete the self-certification requirements as specified in the permit
conditions. Further guidance on self-certification can be found on our website at:
http://www.cdphe.state.co.us/ap/oilandgaspermitting.html
AIRS ID: 045/1033/002 Page 9 of 15
Chevron USA, Inc.
Permit No. OBGA 1117
Issuance 1
Colorado Department of Public Health and Environment
Air Pollution Control Division
ATTACHMENT A:
ALTERNATIVE OPERATING SCENARIOS
RECIPROCATING INTERNAL COMBUSTION ENGINES
December 10, 2008
The following Alternative Operating Scenario (AOS) for the temporary and permanent replacement of
natural gas fired reciprocating internal combustion engines has been reviewed in accordance with the
requirements of Regulation No. 3., Part A, Section IV.A, Operational Flexibility-Alternative Operating
Scenarios, Regulation No. 3, Part B, Construction Permits, and Regulation No. 3, Part D, Major Stationary
Source New Source Review and Prevention of Significant Deterioration, and it has been found to meet all
applicable substantive and procedural requirements. This permit incorporates and shall be considered a
Construction Permit for any engine replacement performed in accordance with this AOS, and the
permittee shall be allowed to perform such engine replacement without applying for a revision to this
permit or obtaining a new Construction Permit.
A. 1 Engine Replacement
The following AOS is incorporated into this permit in order to deal with a compressor engine breakdown
or periodic routine maintenance and repair of an existing onsite engine that requires the use of either a
temporary or permanent replacement engine. "Temporary" is defined as in the same service for 90
operating days or less in any 12 month period. "Permanent" is defined as in the same service for more
than 90 operating days in any 12 month period. The 90 days is the total number of days that the engine
is in operation. If the engine operates only part of a day, that day shall count as a single day towards the
90-day total. The compliance demonstrations and any periodic monitoring required by this AOS are in
addition to any compliance demonstrations or periodic monitoring required by this permit.
All replacement engines are subject to all federally applicable and state-only requirements set forth in this
permit (including monitoring and record keeping).
The results of all tests and the associated calculations required by this AOS shall be submitted to the
Division within 30 calendar days of the test or within 60 days of the test if such testing Is required to
demonstrate compliance with NSPS or MACT requirements. Results of all tests shall be kept on site for
five (5) years and made available to the Division upon request.
The permittee shall maintain a log on-site and contemporaneously record the start and stop date of any
engine replacement, the manufacturer, date of manufacture, model number, horsepower, and serial
number of the engine(s) that are replaced during the term of this permit, and the manufacturer, model
number, horsepower, and serial number of the replacement engine. In addition to the log, the permittee
shall maintain a copy of all Applicability Reports required under section A.1.2 and make them available to
the Division upon request.
A.1.1 The permittee may temporarily replace an existing compressor engine that is subject to the
emission limits set forth in this permit with an engine that is of the same manufacturer, model, and
horsepower or a different manufacturer, model, or horsepower as the existing engine without modifying
this permit, so long as the emissions from the temporary replacement engine comply with the emission
limitations for the existing permitted engine as determined in section A.2. Measurement of emissions
from the temporary replacement engine shall be made as set forth in section A.2.
A.1.2 The permittee may permanently replace the existing compressor engine with an engine that is of
the same manufacturer, model and horsepower without modifying this permit so long as the emissions
from the permanent replacement engine comply with 1) the permitted annual emission limitations for the
AIRS ID: 045/1033/002 Page 10 of 15
Chevron USA, Inc.
Permit No. OBGA 1117
Issuance 1
Colorado Department of Public Health and Environment
Air Pollution Control Division
existing engine, 2) any permitted short-term emission limitations for the existing permitted engine, and 3)
the applicable emission limitations as set forth in the Applicability Report submitted to the Division with
the Air Pollutant Emissios Notice (APEN) for the replacement engine (see
http://www.cdohe.state.co.us/ap/oilgaspermitting.html for example applicability report formats).
Measurement of emissions from the permanent replacement engine and compliance with the applicable
emission limitations shall be made as set forth in section 2.2.
An Air Pollutant Emissions Notice (APEN) that includes the specific manufacturer, model and serial
number and horsepower of the permanent replacement engine shall be filed with the Division for the
permanent replacement engine within 14 calendar days of commencing operation of the replacement
engine. The APEN shall be accompanied by the appropriate APEN filing fee, a cover letter explaining
that the permittee is exercising an alternative operating scenario and is installing a permanent
replacement engine, and a copy of the relevant Applicability Reports for the replacement engine.
Example Applicability Reports can be found in at http://www.cdphe.state.co.us/ap/oilgaspermittinq.html.
This submittal shall be accompanied by a certification from a person legally authorized to act on behalf of
the source indicating that "based on the information and belief formed after reasonable inquiry, the
statements and information included in the submittal are true, accurate and complete".
This AOS cannot be used for permanent engine replacement of a grandfathered or permit exempt engine
or an engine that is not subject to emission limits. ·
The permittee shall agree to pay fees based on the normal permit processing rate for review of
information submitted to the Division in regard to any permanent engine replacement.
Nothing in this AOS shall preclude the Division from taking an action, based on any permanent engine
replacement(s), for circumvention of any state or federal PSD/NANSR requirement. Additionally, in the
event that any permanent engine replacement(s) constitute(s) a circumvention of applicable PSD/NANSR
requirements, nothing in this AOS shall excuse the permittee from complying with PSD/NANSR and
applicable permitting requirements.
A.2 Portable Analyzer Testing
Note: In some cases there may be conflicting and/or duplicative testing requirements due to overlapping
Applicable Requirements. In those instances, please contact the Division Field Services Unit to discuss
streamlining the testing requirements.
Note that the testing required by this Condition may be used to satisfy the periodic testing requirements
specified by the permit for the relevant time period (i.e. if the permit requires quarterly portable analyzer
testing, this test conducted under the AOS will serve as the quarterly test and an additional portable
analyzer test is not required for another three months).
The permittee may conduct a reference method test, in lieu of the portable analyzer test required by this
Condition, If approved in advance by the Division.
The permittee shall measure nitrogen oxide (NOX) and carbon monoxide (CO) emissions in the exhaust
from the replacement engine using a portable flue gas analyzer within seven (7) calendar days of
commencing operation of the replacement engine.
All portable analyzer testing required by this permit shall be conducted using the Division's Portable
Analyzer Monitoring Protocol (ver March 2006 or newer) as found on the Division's website at:
http://www.cdphe.state.co.us/ap/down/portanalyzeproto.pdf
Results of the portable analyzer tests shall be used to monitor the compliance status of this unit.
AIRS ID: 045/1033/002 Page 11 of 15
Chevron USA, Inc.
Permit No. OBGA 1117
Issuance 1
Colorado Department of Public Health and Environment
Air Pollution Control Division
For comparison with an annual (tons/year) or short term (lbs/unit of time) emission limit, the results of the
tests shall be converted to a lb/hr basis and multiplied by the allowable operating hours in the month or
year (whichever applies) in order to monitor compliance. If a source is not limited in its hours of operation
the test results will be multiplied by the maximum number of hours in the month or year (8760), whichever
applies.
For comparison with a short-term limit that is either input based (lb/mmBtu), output based (g/hp-hr) or
concentration based (ppmvd @ 15% 02) that the existing unit is currently subject to or the replacement
engine will be subject to, the results of the test shall be converted to the appropriate units as described in
the above-mentioned Portable Analyzer Monitoring Protocol document.
If the portable analyzer results indicate compliance with both the NOX and CO emission limitations, in the
absence of credible evidence to the contrary, the source may certify that the engine is in compliance with
both the NOX and CO emission limitations for the relevant time period.
Subject to the provisions of C.R.S. 25-7-123.1 and In the absence of credible evidence to the contrary, if
the portable analyzer results fail to demonstrate compliance with either the NOX or CO emission
limitations, the engine will be considered to be out of compliance from the date of the portable analyzer
test until a portable analyzer test indicates compliance with both the NOX and CO emission limitations or
until the engine is taken offline.
A.3 Applicable Regulations for Permanent Engine Replacements
A.3.1 Reasonably Available Control Technology (RACT): Reg 3, Part B § 11.D.2
All permanent replacement engines that are located in an area that is classified as
attainmenUmaintenance or nonattalnment must apply Reasonably Available Control Technology (RACT)
for the pollutants for which the area is attainmenUmaintenance or nonattainment. Note that both VOC
and NOX are precursors for ozone. RACT shall be applied for any level of emissions of the pollutant for
which the area is in attainmenUmaintenance or nonattainment, except as follows:
In the Denver Metropolitan PM10 attainmenUmaintenance area, RACT applies to PM10 at any level of
emissions and to NOX and 802, as precursors to PM10, if the potential to emit of NOX or 802 exceeds
40 tons/yr.
For purposes of this AOS, the following shall be considered RACT for natural-gas fired reciprocating
internal combustion engines:
voe:
CO:
NOX:
802:
PM10:
The emission limitations in NSPS JJJJ
The emission limitations in NSPS JJJJ
The emission limitations in NSPS JJJJ
Use of natural gas as fuel
Use of natural gas as fuel
As defined in 40 CFR Part 60 Subparts GG (§ 60.331) and 40 CFR Part 72 (§ 72.2), natural gas contains
20.0 grains or less of total sulfur per 100 standard cubic feet.
A.3.2 Control Requirements and Emission Standards: Regulation No. 7, Sections XVI. and XVll.E
(State-Only conditions).
Control Requirements: Section XVI
AIRS ID: 045/1033/002 Page 12 of 15
Chevron USA, Inc.
Permit No. OBGA 1117
Issuance 1
Colorado Department of Public Health and Environment
Air Pollution Control Division
Any permanent replacement engine located within the boundaries of an ozone nonattainment area is
subject to the applicable control requirements specified in Regulation No. 7, section XVI, as specified
below:
Rich burn engines with a manufacturer's design rate greater than 500 hp shall use a non-
selective catalyst and air fuel controller to reduce emission.
Lean burn engines with a manufacturer's design rate greater than 500 hp shall use an oxidation
catalyst to reduce emissions.
The above emission control equipment shall be appropriately sized for the engine and shall be operated
and maintained according to manufacturer specifications.
The source shall submit copies of the relevant Applicability Reports required under Condition A.1.2.
Emission Standards: Section XVll.E -State-only requirements
Any permanent engine that is either constructed or relocated to the state of Colorado from another state,
after the date listed in the table below shall operate and maintain each engine according to the
manufacturer's written instructions or procedures to the extent practicable and consistent with
technological limitations and good engineering and maintenance practices over the entire life of the
engine so that it achieves the emission standards required in the table below:
Max Engine Construction or Emission Standards in G/hp-hr HP Relocation Date
NOx co voe
IOO<Hp<500 January I, 2008 2.0 4.0 1.0
January I, 2011 1.0 2.0 0.7
500:SHp July l, 2007 2.0 4.0 1.0
July I, 2010 1.0 2.0 0.7
The source shall submit copies of the relevant Applicability Reports required under Condition A.1.2
A.3.3 NSPS for spark ignition internal combustion engines: 40 CFR 60, Subpart JJJJ
A permanent replacement engine that is manufactured on or after 7/1/09 for emergency engines greater
than 25 hp, 7/1/2008 for engines less than 500 hp, 7/1/2007 for engines greater than or equal to 500 hp
except for lean burn engines greater than or equal to 500 hp and less than 1,350 hp, and 1/1/2008 for
lean burn engines greater than or equal to 500 hp and less than 1,350 hp are subject 40 CFR 60, Subpart
JJJJ. An analysis of applicable monitoring, recordkeeping, and reporting requirements for the permanent
engine replacement shall be included in the Applicability Reports required under Condition A.1.2. Any
testing required by the NSPS is in addition to that required by this AOS. Note that the initial test required
by NSPS Subpart JJJJ can serve as the testing required by this AOS under Condition A.2, if approved in
advance by the Division, provided that such test is conducted within the time frame specified in Condition
A.2.
Note that under the provisions of Regulation No. 6. Part B, section 1.8. that Relocation of a source from
outside of the State of Colorado into the State of Colorado is considered to be a new source, subject to
the requirements of Regulation No. 6 (i.e., the date that the source is first relocated to Colorado becomes
equivalent to the manufactwe date for purposes of determining the applicability of NSPS JJJJ
requirements).
AIRS ID: 045/1033/002 Page 13 of 15
Chevron USA, Inc.
Permit No. 08GA 1117
Issuance 1
Colorado Department of Public Health and Environment
Air Pollution Control Division
However, as of November 1, 2008 the Division has not yet adopted NSPS JJJJ. Until such time as if
does, any engine subject to NSPS will be subject only under Federal law. Once the Division adopts
NSPS JJJJ, there will be an additional step added to the determination of the NSPS. Under the
provisions of Regulation No. 6, Part B, § l.B (which is referenced in Part A), any engine relocated from
outside of the State of Colorado into the State of Colorado is considered to be a new source, subject to
the requirements of NSPS JJJJ.
A.3.4 Reciprocating internal combustion engine (RICE) MACT: 40 CFR Part 63, Subpart ZZZZ
A.3.4.1 Area Source for HAPs
A permanent replacement engine located at an area source that commenced construction or
reconstruction after June 12, 2006 as defined in§ 63.2, will meet the requirements of 40 CFR Part 63,
Subpart ZZZZ by meeting the requirements of 40 CFR Part 60, Subpart JJJJ. An analysis of the
applicable monitoring, record keeping, and reporting requirements for the permanent engine replacement
shall be included in the Applicability Reports required under Condition A.1.2. Any testing required by the
MACT is in addition to that required by this AOS. Note that the initial test required by the MACT can
serve as the testing required by this AOS under Condition A.2, if approved in advance by the Division,
provided that such test is conducted within the time frame specified in Condition A.2.
A.4.3.2 Major source for HAPs
A permanent replacement engine that is located at major source is subject to the requirements in 40 CFR
Part 63 Subpart ZZZZ as follows:
Existing, new or reconstructed spark ignition 4 stroke rich burn engines with a site rating of more
than 500 hp are subject to the requirements in 40 CFR Part 63 Subpart ZZZZ.
New or reconstructed (construction or reconstruction commenced after 12/19/02) 2 stroke and 4
stroke lean burn engines with a site rating of more than 500 hp are subject to the requirements in
40 CFR Part 63 Subpart ZZZZ.
New or reconstructed (construction or reconstruction commenced after 6/12/06) 4 stroke lean
burn engines with a site rating of greater than or equal to 250 but less or equal to 500 hp and
were manufactured on or after 1/1/08 are subject to the requirements in 40 CFR Part 63 Subpart
ZZZZ.
New or reconstructed (construction or reconstruction commenced after 6/12/06) 2 stroke lean
burn or 4 stroke rich burn engines with a site rating of 500 hp or less will meet the requirements of
40 CFR 63, Subpart ZZZZ by meeting the requirements of 40 CFR 60, Subpart JJJJ.
New or reconstructed (construction or reconstruction commenced after 6/12/06) 4 stroke lean
burn engines with a site rating of less than 250 hp will meet the requirements of 40 CFR 63,
Subpart ZZZZ by meeting the requirements of 40 CFR 60, Subpart JJJJ.
An analysis of the applicable monitoring, recordkeeping, and reporting requirements for the
permanent engine replacement shall be included in the Applicability Reports required under
Condition A.1.2. Any testing required by the MACT is in addition to that required by this AOS.
Note that the initial test required by the MACT can serve as the testing required by this AOS
under Condition A.2, if approved in advance by the Division, provided that such test is conducted
within the time frame specified in Condition A.2.
A.3.5 Additional Sources
AIRS ID: 045/10331002 Page 14 of 15
Chevron USA, Inc.
Permit No. OBGA 1117
Issuance 1
Colorado Department of Public Health and Environment
Air Pollution Control Division
The replacement of an existing engine with a new engine is viewed by the Division as the installation of a
new emissions unit, not "routine replacement" of an existing unit. The AOS is therefore essentially an
advanced construction permit review. The AOS cannot be used for additional new emission points for
any site; an engine that is being installed as an entirely new emission point and not as part of an AOS-
approved replacement of an existing onsite engine has to go through the appropriate
Construction/Operating permitting process prior to installation.
AIRS ID: 045/1033/002 Page 15 of 15