Loading...
HomeMy WebLinkAbout4.0 Conditions of ApprovalForm 2800-14 (August 1985) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT SERIAL NUMBER COC -74989 Issuing Office Northwest District Office, Colorado 1. A right-of-way is hereby granted pursuant to Section 28 of the Mineral Leasing Act of February 25,1920, as amended (30 U.S.C. 185). 2. Nature of' Interest: a. By this instrument, the holder: Mid-America Pipeline Company LLC 744 Horizon Court, Suite 224 Grand Junction, CO 81506 receives a right to construct, operate, maintain, and terminate a 16 -inch diameter steel underground natural gas liquids pipeline and related facilities on federal lands in Garfield, Mesa and Rio Blanco Counties, Colorado; and Grand and Uintah Counties, Utah, described in Exhibits A and B. b. The right-of-way area granted herein is 50 feet wide (including the ground occupied by the pipeline) and 59.47 miles long, and contains 363.23 acres, more or less. c. This instrument shall terminate on December 31, 2041, unless, prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. d. This instrument may be renewed. If renewed, the right-of-way or permit shall be subject to the regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. e. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandonment, or termination, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant. 2 3. Rent: For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized officer unless specifically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable and feasible, in accordance with comparable commercial practices. 4. Terms and Conditions: a. This grant is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations Part 2880. b. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 90 days, or otherwise disposed of as provided in paragraph (4)(d) or as directed by the authorized officer. c. Each grant issued for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer at the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be reviewed at any time deemed necessary by the authorized officer. d. The stipulations, plans, maps, or designs set forth in Exhibits A, B, C, D and E, attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety. e. Failure of the holder to comply with applicable law or any provision of this right-of-way grant shall constitute grounds for suspension or termination thereof. f. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. N WITNESS WHEREOF, The undersigned agrees to the to _..... ; ' n ricer (Title) d conditions of this right-of-way grant. ( ignature of Authorized Officer)/Dz X46/aEl/ (Title) / (Effective Date of Grant) REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO CA 958142922 September 19, 2012 Regulatory Division (SPK -2011-00512) Mr. James White Enterprise Mid-America Pipeline Post Office Box 4324 Houston, Texas 77210 Dear Mr. White: We are responding to your request for a Department of the Army permit for the Enterprise Mid-America Pipeline Western Expansion II project. This project involves activities, including discharges of dredged or fill material, in waters of the United States to construct a 95.3 -mile long, 16 -inch natural gas pipeline. The proposed pipeline begins approximately 1.5 miles south of Thompson, Utah, and travels east, parallel to Interstate -70 (I-70) to just east of exit 227, where the pipeline crosses the interstate and heads northeast. The proposed pipeline then parallels Highway 6, where it crosses into Colorado before turning north and paralleling Mesa County Road 201 (Baxter Pass Road) along West Salt Creek to Atchee, Colorado. From Atchee, the pipeline traverses west over Baxter Pass, then travels back to the north, where it follows West Evacuation Creek and then Evacuation Creek to Dragon Station near Dragon, Utah. The project is located in parts of Grand and Uintah Counties in Utah; and Mesa, Garfield, and Rio Blanco Counties in Colorado. Based on the information you provided, the proposed activity, resulting in temporary impacts to approximately 1.91 acres of waters of the United States, is authorized by Nationwide Permit (NWP) number 12 - Utility Line Activities. Your work must comply with the general terms and conditions listed on the enclosed NWP information sheets (Enclosure 1) and regional conditions, and the following special conditions: 1. To ensure that all stream and wetland impacts are temporary, as designed, you shall submit a monitoring report to this office detailing the success of the reclamation of all temporary stream and wetland impacts. The monitoring report will include pre and post - construction photographs, use the minimum monitoring requirements outlined in Regulatory Guidance Letter 08-03, dated October 10, 2008 (Enclosure 2), and shall outline any remedial measures needed to successfully restore the impacted wetlands. This report shall be submitted on or before December 31 of the third year following completion of construction. 2. You must sign the enclosed Compliance Certification (Enclosure 3) and return it to this office within 30 days after completion of the authorized work. -2 - This verification is valid for two years from the date of this letter or until the NWP is modified, reissued, or revoked, whichever comes first. Failure to comply with the General and Regional Conditions of this NWP, or the project -specific Special Conditions of this authorization, may result in the suspension or revocation of your authorization. Please refer to identification number SPK -2011-00512 in any correspondence concerning this project. If you have any questions, please contact Nathan Green at the Colorado West Regulatory Branch, 400 Rood Avenue, Room 134, Grand Junction, Colorado 81501-2563, email Nathan.J.Green@usace.army.mil, or telephone 970-243-1199 x12. For more information regarding our program, please visit our website at www.spk.usace.army.mil/Missions/Regulatory.aspx. We would appreciate your feedback. At your earliest convenience, please tell us how we are doing by completing the customer survey on our website under Customer Service Survey. Sincerely, --ged_L( Susan Bachini Nall Chief, Colorado West Regulatory Branch Enclosures: 1. NWP 12 Information Sheets 2. Regulatory Guidance Letter 08-03 3. Compliance Certificate Copies Furnished without enclosures: Ms. Erin Jones, NW Colorado District, NEPA Coordinator, Bureau of Land Management, 2815 H Road, Grand Junction, Colorado 81506 Ms. Kristine Braun, Community Development Director, Grand County, 125 East Center Street, Moab, Utah 84532 Mr. Matthew Cazier, Director, Uintah County Department of Community Development, 152 E 100 N, Vernal, Utah 84078 Mr. Ron Quarles, Mesa County Department of Land Use and Development, Post Office Box 20,000-5022, Grand Junction, Colorado 81502 Mr. Jeff Madison, Planning Director Rio Blanco County, Post Office Box 599, Meeker, Colorado 81641 Mr. Fred Jarman, Garfield County, 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 COMPLIANCE CERTIFICATION Permit File Number: SPK -2011-00512 Nationwide Permit Number: NWP 12 Utility Line Activities. Permittee: James White Enterprise Mid-America Pipeline Post Office Box 4324 Houston, Texas 77210 County: Grand and Uintah Utah; Mesa, Rio Blanco, Garfield Colorado Date of Verification: September 19, 2012 Within 30 days after completion of the activity authorized by this permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers Sacramento District Colorado West Regulatory Branch 400 Rood Avenue, Room 134 Grand Junction, Colorado 81501-2563 DLL-CESPK-RD-Compliance@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of the permit your authorization may be suspended, modified, or revoked. If you have any questions about this certification, please contact the Corps of Engineers. * * * * * * * * I hereby certify that the work authorized by the above -referenced permit, including all the required mitigation, was completed in accordance with the terms and conditions of the permit verification. Signature of Permittee Date STATE OF COLORADO John W. Hickenlooper, Govemor Christopher E. Urbina, MD, MPH Executive Director and Chief Medical Officer Dedicated to protecting and Improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 Located in Glendale, Colorado htlp:/Avww.cdphe.state.co.us April 2, 2012 Leonard W Mallett, Sr VP Engr Mid America Pipeline Co LLC PO Box 4324 Houston, TX 77210 Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230.6928 (303)692.3090 RE: Certification, Colorado Discharge Permlt System - Construction Dewatering Operations Permit Number COG070000 Certification Number: COG074023 Dear Mr. Mallett; Colorado Department of Public Health and Environment RECEIVED APR 12 2012 "Environmental Compliance" Enclosed please find a copy of the permit certification, which was Issued under the Colorado Water Quality Control Act. Please read the enclosed permit and certification. The Water Quality Control Division (the Division) has reviewed the application submitted for the Western Expansion Pipeline II facility and determined that it qualifies for coverage under the CDPS General Permit for Construction Dewatering Operations (the permit). Dlscharee Specific Information The discharges are to Evacuation Creek, Whiskey Creek, West Evacuation Creek, Trail Canyon, West Salt Creek, McDonald Creek, and ultimatley the White River & Colorado River within Segment 04c and 13b of the Lower Colorado River Sub -basin, Lower Colorado River Basin, found in the Classifications and Numeric Standards for the Lower Colorado River Basin (Regulation No. 37) (COLCLCO4C and COLCLC13b). Segment 04c is Reviewable, and is classified for the following beneficial uses: Aquatic Life, Class 1 Warm; Recreation Class E; Water Supply; and Agriculture. Segment 13b is Use Protected, and is classified for the following beneficial uses: Aquatic Life, Class 2 Warm; Recreation Class E; and Agriculture. Since the discharge locations are undefined the most stringent limitations are applied in the permit certification to all outfalls. Basis for Site Spedflc Parameters • Segment 13b of the Lower Colorado River Sub -basin, Lower Colorado River Basin Is on the 303(d) list as impaired for selenium. Since selenium has the potential to be in the dewatering discharge, sampling and reporting for selenium is required. General Information • Permit Action Fees: The Annual Fee for this certification is $500 [category 7, subcat 2 — Construction Dewatering per CRS 25- 8-502] is invoiced every July. Do Not Pay This Now. The initial invoice will be prorated and sent to the legal contact shortly. • Changes to the Certification: Any changes that need to be made to the certification page — changes in outfalls, monitoring requirements, etc., must be submitted using the "Permit and Certification Modification form" available on our website: coloradowaterDermits.com and signed by the legal contact. • Sampling Requirements: Sampling shall occur at the frequency established in the permit certification at a point after treatment, or after the implementation of any Best Management Practices (BMPs) for each discharge location (outfall). If BMPs or treatment are not implemented, sampling shall occur where the discharge leaves control of th prior to entering the receiving stream or prior to discharge to land. Samples must be representative of YU ring t e receiving stream. A minimum of one sample must be collected for discharges lasting less than one week. , os 2012 LEONARD MALLETT • Discharge Monitoring Reports (DMRs) for Undefined Discharge Locations: DMRs will be mailed to the permittee within the next month for each of the numbered undefined discharge outfalls Identified in the permit certification. Each outfall identified in the permit certification, and the associated DMR forms for that outfall shall only authorize and be used for reporting discharges at a single outfall at a specific location. In accordance with Part I.E.4 of the permit, the permittee shall establish and maintain records that identify, among other information, the exact place for each outfall for which monitoring has occurred. The information must include the approximate location of the discharge (e.g. "discharge will occur between 5c' Avenue and 20th Avenue", or "the discharge will enter the storm sewer located at the corner of Speer Blvd and 8th Ave., which eventually flows to Cherry Creek") and the latitude/longitude of the outfall. DMRs for all outfalls must be submitted monthly as long as the certification is in effect. DMRs must be submitted for each outfall even If there was not a discharge from the outfall in a given month. For each outfall where no discharge occurs in a given month, the permittee shall mark 'No Discharge' on the DMR form(s). The permittee shall provide the Division with any additional monitoring data on the permitted discharge collected for entities other than the Division. If forms have not been received, please contact the Division at 303-692-3517. Sampling is required at the frequency established In the permit certification for each undefined discharge location. As discharges occur chronologically, the data collected from the sampling event(s) in a given month from the first discharge location shall be summarized and reported on the pre-printed DMR for Discharge Number OO1A. The data collected from the sampling event(s) In a given month from the second discharge location shall be summarized and reported on the pre- printed DMR for Discharge Number 002A; etc. The Division now has the ability to allow facility's to submit their DMRs electronically. For more information, please call the NetDMR team at 303-691-4046 or CDPH.WCLNetDMRHelpestate.co.us • Termination requirements: This certification to discharge Is effective long term, even though construction and dewatering discharge are only expected to be temporary. For termination of permit coverage, the permittee must initiate this by sending the "CDPS Permits and Authorization Termination Form." This form is also available on our web site and must be signed by the legal contact. • Groundwater Contamination: If groundwater contamination is encountered, then the permittee Is to contact the Division, the permit writer, cease all discharges, and if appropriate, contact the owner of the collection system receiving the discharge. If the dewatering can be treated to meet surface water or groundwater numeric limitations, the certification will be amended to include sampling and monitoring for additional parameters representative of the groundwater contamination. The discharge of contaminated groundwater, above surface water or groundwater standards, Is not authorized under this permit. • Certification Records Information: The following information is what the Division records show for this certification. For any changes to Contacts — Legal, Local, Billing, or DMR — a "Notice of Change of Contacts form" must be submitted to the Division. This form Is also available on our web site and must be signed by the legal contact. Facility: Western Expansion Pipeline 11 Industrial Activities: Installation of Pipeline Other COPS Permits for this Facility: Hydrostatic Testing COG604120 County: Garfield $IC Code: 1799 Legal Contact Receives all legal documentation, pertaining to the permit certification. (including invoice; is contacted for any questions relating to the facility; and receives DMRs.) Leonard W Mallett, Sr VP Engr Phone number: 713-381-1785 Mid America Pipeline Co LLC Email: jagwhite@eprod.com PO Box4324 Houston, TX 77210 Facility Contact Contacted for general inquiries regarding the facility Mike Mungas, Sr Env Engr Environmental Field Compliance 27991 Rio Blanco CRS Rifle, Co 81650 Billing Contact Phone number: 713-381-7661 Email: mgmungas@eprod.com Shriver Nolan Sr Compliance Admin Mid America Pipeline Co LLC EHS&T PO Box 4324 Houston, TX 77210 DMR Contact Kay Lambert, Env Scientist HRL Compliance Solutions 744 Horizon Ct Ste 140 Grand Junction CO 81506 Phone number: 713-381-6595 Email: snolan@eprod.com Phone number:970-243.3271 Email: klambert@hrlcomp.com For answers to common questions surrounding construction dewatering, please review the Construction Dewatering FAQ available on our website at: http://www.cdohe.state.co.us/wo/Perm itsUnit/POLICYGUIDANCEFACTSHEETS/faasheets/CDW FAQ.adf If you have any other questions please contact me at 303-692-3392. Sincerely, c is L4 /"fi i Maura McGovern, Permit Writer WATER QUALITY CONTROL DIVISION Enclosures: Certification page; General Permit xc: Regional Council of Government Garfield County, Local County Health Department D.E., Technical Services Unit, WQCD Permit File Mk) cdw cert 2010 Page I of 15 TO DISCHARGE UNDER CAPS GENERAL PERMIT C00070000 CONSTRUCTION DEWATERING OPERATIONS Certification Number: COG074023 This Certification to Discharge specifically authorizes: MW America Pipeline Co LLC to discharge from the facility identified as Western Expansion Pipeline 11 to: Creek, Davis Canyon Creek, West Evacuation Creek, Trail Canyon Creek, Wagon Canyon Creek, South Canyon Creek, Prairie Canyon Creeks to White River & Colorado River Baxter Pass Rd & Hwy 39 includes Mesa, Rio Blanco, and Garfield Counties (map in file), Garfield County, uninc, CO 00000 Latitude 39.497, Longitude -108.95699 • CERTIFICATION ee y•,.- : • • 4.9 k • to a • Colorado Creek, Permit * •'•Required Certification This obligated Signed, Nathan Construction, Water Department of Public Health and Environment Evacuation Creek, Whiskey West Salt Creek, McDonald Facility Located at: Facility Location Undefined Discharge Outfall(s) to Surface Water Discharge Outfall(s) Description Discharge Number 00I -A -040-A Project includes the construction of a loop pipeline project that loops the existing MAPL pipeline, an approximate 96 -mile long, 16 -inch natural gas liquids pipeline across the western portions of Mesa, Rio Blanco, and Garfield counties. The pipeline will cross Evacuation Creek, Whiskey Creek, Davis Canyon Creek, West Evacuation Creek, Trail Canyon Creek, Wagon Canyon Creek, West Salt Creek, McDonald Creek, South Canyon Creek, Prairie Canyon Creeks to White River & Colorado River. The dewatering will go to a sediment bag at the maximum discharge rate of 50 GPM. All discharges must comply with the regarding any discharges to storm drain Limitations and Mon toring lawful requirements of federal agencies municipalities, counties, drainage districts and other local agencies systems, conveyances, or other watercourses under their jurisdiction. Requirements apply to OOIA-040A as outlined in the Permit Part I.B and Part I.0 Parameter .. .,_ ,,.. Units , . -:- Discharge Limitations Maximum Concentraaons Monitoiing. Frequency . Sampk Type •. 30 -Day Average 7 -Day.. Average Daily Max. APP ICABLE TO ALL DISCHARGES AS LISTED IN GENERAL PERMIT pH, (Minimum-Maximum)NA 00900 s.u. NA 6.5-9.0 Weekly In•situ Total Suspended Solids, 00530 mg/I 30 45 NA WeeklyGrab Oil and Grease, 03582 mill NA NA 10• Weekly Grab* Flow, 50050 MW Report NA Re Port Weekly instantaneousot Continuous OII and Grease Visual 84068 NA NA NA Weekly Visual SITE SPECIFIC PARAMETERS Total Dissolved Solids••• 70295 mill NA NA Report Monthly Grab Selenium (Potentially Dissolved), 01323 ug/I Report NA Report Weekly Grab !fa visible sheen is observed, a grab :amp for discharges to the Colorado is issued 3/29/2012 Effective certification under the permit requires that to comply with all terms and conditions Moore MS4, & Pretreatment Unit Manager Quality Control Division e shall be collet ed and analyzed for oil and grease. River Basin 3/29/2012 Certification Expires: 11/30/2011 Administratively Continued specific actions be performed at designated times. The certification holder is legally of the permit. Page I of 15 PART I Page No. 2 Permit No. COG -070000 CDPS GENERAL PERMIT FOR CONSTRUCTION DEWATERING ACTIVITIES AUTHORIZATION TO DISCHARGE UNDER THE COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act (25-8-101 et. seq. CRS,1973 as amended), and the Clean Water Act (33 U.S.C. 1251 et. seq. as amended; the "Act"), entities engaged in construction dewatering of groundwater and/or stormwater (excluding mine dewatering activities), are authorized to discharge from approved locations throughout the State of Colorado to waters of the State. Such discharges shall be in accordance with effluent limitations, monitoring requirements and other conditions set forth in Parts I, II, and III hereof. This permit specifically authorizes the identified entity to discharge from their wastewater treatment facilities, at the described location, to identified waters of the state, as stated in the certification which is on page one of this permit. The authorization to discharge under this permit is in effect from the date of certification (page one of this permit) until the expiration date identified below. This permit becomes effective on December 1, 2006, and shall expire at midnight, November 30, 2011 Reissued and signed this 5th day of June, 2008 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Janet Kieler, Permits Section Manager WATER QUALITY CONTROL DIVISION Permit Action Summary: Amendment #1 — Issued June 5, 2008, Effective August 1, 2008 Originally Issued November 01, 2006, Effective December 1, 2006 ADMINISTRATIVELY CONTINUED Effective 12-1-2011 Revised 7/21/2008 TABLE OF CONTENTS PART I PART I - Nee No. 3 Permit No. COG -070000 A. COVERAGE UNDER THIS PERMIT 4 1, Eligibility 4 2, Anolication Requirements 4 3, Certification Requirements 4 B. TERMS AND CONDITIONS 5 I. Effluent Paratocim 5 2, Site-specific Limitations 5 3. Onetime Sampling Analysis for Metals 5 4. Onetime Sampling_Analysis forOrganics 5 5. Other Site-specific Limitations 5 C. MONITORING REQUIREMENTS 5 I. Effluent Pararnetera 5 D. DEFINITIONS 5 E. ADDITIONAL MONITORING REQUIREMENTS 6 I. Representative Sarno! ing 6 2. Discharge Sampling Point 6 3. Analytical and Sanwlinu Methods for Monitoring 6 4, Records 7 5. Additional Monitoring by Permittee 7 6. Flow Measuring Device 7 F. REPORTING 7 1. Si tagarmgpau 7 2. Quarterly Reports 7 3. Special Notifications 8 PART 11 A. MANAGEMENT REQUIREMENTS AND RESPONSIBILITES 9 L amass 9 2. Upsets 9 3. Reduction. Loss. or Failure of Treatment Facility 9 4. Removed Substances 10 5. Minimization of Adverse Impact .. 10 6, Discharge Point 10 7. inspections and Right to Entry 10 8. Duty to Provide Information 10 9. Availability of Reports 10 10, Transfer of Ownership or Control - II B. ADDITIONAL CONDITIONS II I. Permit 11 2. Civil and Criminal Liability 11 3, Slate Laws 11 4. Division Emergency Power 11 5. Severability 11 6. Oil and Hazardous Substance Liability 11 7. Property Rights 11 8. Modification. Suspension, or Revocation of Pam* 11 9. Permit Renewal Application 12 10. Confidentiality 12 II. agi 13 PART III 1. priority Pollutants and Hazardous Substances 14 2. Other Toxic Pollutants 14 3. Toxic Pollutants and Hazardous Substances 15 Revised 7/21/2008 PART 1 Page No. 4 Permit No. COG -070000 PART 1 A. COVERAGE UNDER THIS PERMIT I. Eligibility In order to be eligible for authorization to discharge under the terms and conditions of this permit, the owner and/or operator of any construction dewatering operation, the water being groundwater or groundwater mixed with stormwater, that discharges to waters of the State, which can meet the conditions identified at Part I.A.3., below, must submit a complete permit application form obtained from the Water Quality Control Division ("Division"). If application applies such application shall be submitted at least thirty (30) days prior to the anticipated date of first discharge to: Colorado Department of Public Health and Environment Water Quality Control Division, WQCD-P-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Attention: Industrial Permits Unit The application form can be obtained from the Division or from the website at www.edphe.sstate.co/wd/Permit Unit/IandD070000DewateringApplication.pd f or by calling 303-692-3500. A summary of the information required in the application is provided below in Part I.A.2. The Division shall have up to thirty (30) days after receipt of the application to request additional data and/or deny the authorization for any particular discharge. Upon receipt of additional information the Division shall have an additional 30 days to issue or deny authorization for any particular discharge. If the Division determines that the operation does not fall under the authority of the general permit; then the information received will be treated as an individual permit application. Authorization to discharge under this general permit shall commence immediately and shall expire on November 30, 2011. The Division must evaluate this general permit at least once every five (5) years and must also recertify the applicant's authority to discharge under the general permit at such time. Therefore, a permittee desiring continued coverage under this general permit must re -apply by May 1, 2011. The Division will determine if the applicant is eligible to continue to operate under the terms of the general permit. An application for an individual permit will be required for any point source discharge not reauthorized to discharge under the reissued general permit. 2. Application Requirements The application referenced in Part LA. I., above, will require the following information: a. The name, address, and descriptive location of the operation along with an accompanying USGS map, or a map of similar quality, which shows the location of all pertinent activities and the site boundary; b. The name of the principal in charge of operation, address, and phone number of the owner and of the field superintendent in responsible charge; c. A detailed site map that identifies all discharge points, and a schematic diagram showing the general area and/or routing of the activity; d. The name of water(sreceiving the discharge(s) and a listing of any downstream waters into which the receiving stream flows within five miles of the point of discharge; e. Description of the type of activity resulting in the discharge including the anticipated duration of activity and/or the discharge, anticipated volume, and rate ordischarge, and the source of water which is to be discharged; f. Description of any wastewater treatment system and recycle/reuse utilized; g. A description of the methods and equipment to be used to measure flows and to analyze for pollutants of concern in the discharge; and, h. Storage of petroleum or chemicals on site. i. Discharge cannot be shown to be capable of causing new or increased loadings of parameters cited in Colorado's 303(d) list (httn://www.cdphe.state.co.us/rcgulations/waccreas/100293welimitcdsegtindls.pdf) for impairment for next receiving downstream State waters; 3. Certification Reauirements The applicant must certify that the following conditions exist at the operation or the operation will not be allowed to discharge under the authority of the general permit: a. This permit does not constitute authorization under 33 U.S.C. 1344 (Section 404 of the Clean Water Act) of any stream dredging or filling operations; b. The operation does not accept for treatment and discharge, by truck, rail, or dedicated pipeline, any hazardous waste as defined at Part 261, 6 CCR 1007-3, under the Hazardous Waste Commission Regulations; c. The certification does not allow for a mixing zone and all limits are end of pipe. Revised 7/21/2008 PART 1 Page No. 5 Permit No. COG -070000 B. TERMS AND CONDITIONS 1. Effluent Parameters In accordance with the Water Quality Control Commission Regulations for Effluent Limitations, Section 62.4,) and the Colorado Discharge Permit System Regulations, Section 61.8(2), the following limitations will be applicable to all discharges. Parameter D scharge Limitations Maximum Concentrations 30 -Day Avg 7 -Day Average Daily Max. Flow MGD Report NA Report Total Suspended Solids, mg./1 30 45 TPA Oil and Grease, mg/1 NA NA 10* pH, s.u. (Minimum -Maximum) NA NA 6.5-9.0 Total Dissolved Solids, mg/I** NA NA Report Total Phosphorus, mg/1, as P*** NA -NA Report Site pecifc Metals, u1/1**** Varies Varies Varies ••Applicable only to waters of the Colorado River Basin. Applicable only to waters with a control regulation for P. ""Applicable on a site by site basis. 2. Site-specific Limitations Site-specific limitations for a parameter may be added on a case-by-case basis that are equivalent to the Basic Standards and Methodologies for Surface Water, or Regulation for Effluent Limitations, or any other applicable regulation, and would be specified in the certification along with the appropriate monitoring frequencies. 3. Onetime Sampling Analysis for Metals The Division may request a onetime sampling and analysis for specific or all inclusive metals parameters on a site specific/ discharge specific basis. The permittee will be required to submit these results to the permit writer identified on the certification. The Division will then review the data to determine if any certification amendments are necessary based on the effluent monitoring results. 4. Onetime Sampling Analysis for Organics The Division may request a onetime sampling and analysis for specific or all inclusive organics parameters on a site specific/ discharge specific basis. The permittee will be required to submit these results to the permit writer identified on the certification. The Division will then review the data to determine if any certification amendments are necessary based on the effluent monitoring results. 5. Other Site-specific Permit Conditions Specific permit conditions may be added due to Division compliance order on consent, cease and desist order, or an EPA administrative order, or similar decree promulgated by the Division or EPA. C. MONITORING REOUIREMENTS 1. Effluent Parameters In order to obtain an indication of compliance or non-compliance with the effluent limitations specified in Part 1, Section B.1, the permittee shall normally monitor the effluent parameters at the fol owing required frequencies, however changes to these frequencies may be made on a site specific and/or discharge specific basis, as identified in the certification on page one of this permit, the results to be reported on the Discharge Monito ing Report ("DMR") (See Part I, Section F.2.): Effluent Parameter Measurement Frequency Sample Type Flow MGD Weekly Instantaneous or Continuous Total Suspended Solids, mg/1 Weekly Grab Oil and Grease, mg/1 Weekly Visual* pH, s.u. (Minimum -Maximum Weekly In-situ Total Dissolved Solids mg/I * Monthly Grab Total Phosphorus, mgel as P *"Monthly Grab Site Specific Metals, u 1**•* Varies Varies "Applicable only to waters of the Colorado River Basin. ••" Applicable only to waters with a control regulation for P. ****Applicable on a site by site basis. D. DEFINITIONS OF TERMS I. "Continuous" measurement is a measurement obtained from an automatic recording device, which continually provides measurements. Revised 7/21/2008 PARTI Page No. 6 Permit No. COG -070000 2. "Daily Maximum limitation" means the limitation for this parameter shall be applied as an instantaneous maximum (or, for pH or DO, instantaneous minimum) value. The instantaneous value is defined as the analytical result of any individual sample. DMRs shall include the maximum (and/or minimum) of all instantaneous values within the calendar month. Any instantaneous value beyond the noted daily maximum limitation for the indicated parameter shall be considered a violation of this permit. 3. "Grab" sample, is a single "dip and take" sample so as to be representative of the parameter being monitored. 4. "In-situ" measurement is defined as a single reading, observation or measurement taken in the field at the point of discharge. 5. "Instantaneous" measurement is a single reading, observation, or measurement performed on site using existing monitoring facilities. 6. "Material handling activities" include: storage, loading and unloading of any raw material, intermediate product, finished product, by-product, or waste product where such products could come in contact with precipitation. 7. "Seven (7) day average" means the arithmetic mean of all samples collected in a seven (7) consecutive dayrigd. Such seven (7) day averages shall be calculated for all calendar weeks, which are defined as beginning on Sundaye and ending on Saturday. If the calendar week overlaps two months (i.e. the Sunday is in one month and the Saturday in the following month), the seven (7) day average calculated for that calendar week shall be associated with the month that contains the Saturday. Samples may not be used for more than one (I) reporting period. 8. "Significant materials" include but are not limited to: raw materials; fuels; materials such as metallic products; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of SARA I11; fertilizers; pesticides; and waste products such as ashes, slag and sludge that ave the potential to be released with stormwater discharge. 9. "Stormwater discharge associated with industrial activity" means any point source which is used for collecting and conveying stormwater, and which is located at an industrial site or directly related to manufacturing, processing or raw materials storage areas at an industrial site. The term includes, but is not limited to, stormwater discharges from drainage areas in which are located: industrial site yards; immediate access roads and rail lines; drainage ponds; material handling sites; refuse sites; sites used for the application or disposal of process waters; sites used for storage and maintenance of material handling equipment; sites that are or have been used for residual treatment, storage or disposal; dust or particulate generating processes; shipping and receiving areas; manufacturing buildings; and storage areas (including tank farms) for raw materials, and intermediate and finished products. 10. "Thirty (30) day average" means the arithmetic mean of all samples collected during a thirty (30) consecutive -day period. The permittee shall report the appropriate mean of all self-monitoring sample data collected during the calendar month on the Discharge Monitoring Reports. Samples shall not be used for more than one (1) reporting period. 11. "Visual" observation is observing the discharge to check for the presence of a visible sheen or floating oil. 12. "Water Quality Control Division" or "Division" means the state Water Quality Control Division as established in 25- 8-101 et al.) Additional relevant definitions are found in the Colorado Water Quality Control Act, CRS §§ 25-8-101 gt Am., the Regulations for the State Discharge Permit System 5 CCR 1002-2, § 6.1.0 et semc and other applicable regulations. E. ADDITIONAL MONITORING REOUIREMENTS I. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent mins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and approval by the Division. 2. Discharge Sampling Point Discharge points shall be so designed or modified so that a sample of the effluent can be obtained at a point after the final treatment process and prior to discharge to state waters. The permittee shall provide access to the Division to sample the discharge at these points. 3. Analytical and Sampling Methods for Monitoring The permittee shall install, calibrate, use and maintain monitoring methods and equipment, including biological and indicated pollutant -monitoring methods. Analytical and sampling methods utilized by the discharger shall be approved methods as defined by Colorado Regulations for Effluent Limitations (5 CCR 1002-3, 62.5), Federal regulations (40 CFR 136) and any other applicable State or Federal regulations. When requested in writing, the Water Quality Control Division may approve an alternative analytical procedure or any significant modification to an approved procedure. 4. Records a) The permittee shall establish and maintain records. Those records shall include, but not be limited to, the following: Revised 7/21/2008 PART 1 Page No. 7 Permit No. COG -070000 (i) The date, type, exact place, and time of sampling or measurements; (ii) The individual(s) who performed the sampling or measurements; (iii) The date(s) the analyses were performed; (iv) The individual(s) who performed the analyses; (v) The analytical techniques or methods used; and (vi) The results of such analyses. b) The permittee shall retain for a minimum of three (3) years records of all monitoring information, including all original strip chart recordings for continuous monitoring instrumentation, all calibration and maintenance records, copies of all reports required by this permit and records of all data used to complete the application for this permit. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the permittee or when requested by the Division. 5. Additional Monitoring by Permittee If the permittee, using the approved analytical methods, monitors any parameter more frequently than required by this permit, then the results of such monitoring shall be included in the calculation and reporting of the values required in the Discharge Monitoring Report Form or other forms as required by the Division. Such increased frequency shall also be indicated. 6. Flow Measuring Devices Flow measuring and metering shall be provided to give representative values of throughput and treatment of the wastewater system. Unless specifically waived in the certification, the metering device shall be equipped with a local flow indication instrument and a flow indication-recording-totalization device suitable for providing permanent flow records, which should be in the plant control building. At the request of the Director of the State Water Quality Control Division, the permittee must be able to show proof of the accuracy of any flow -measuring device used in obtaining data submitted in the monitoring report. The flow -measuring device must indicate values within ten (10) percent of the actual flow discharging from the point source. 7. Contamination: If groundwater contamination is encountered, then the permittee is to contact the Division and, if appropriate, the owner of the collection system receiving the discharge. Since the discharge of contaminated groundwater is not covered under this permit, the permittee shall immediately apply for a groundwater remediation certification, hitn;//www.cdphesnate.co.us/wo/PcrmitsUnit/landD/310 os linecicanunapplication.pdf) which will include appropriate requirements for additional discharge monitoring and on-site environmental response capabilities? F. REPORTING 1. Signatory Requirements All reports, applications, or information required for submittal shall be signed and certified for accuracy by the permittee in accord with the following criteria: a) In the case of corporations, by arincipal executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the operation from which the discharge described in the form originates; b) In the case of a partnership, by a general partner; c) In the case of a sole proprietorship, by the proprietor; d) In the case of a municipal, state, or other public operation, by either a principal executive officer, ranking elected official, or other duly authorized employee. 2. Monthly Reports Monitoring results shall be for each calendar month and reported on the DMR forms (EPA forms 3320-1). DMR forms shall normally be submitted on a monthly basis; however the Division may determine a different frequency. The forms shall be mailed to the Division at the address listed below so that they are received by the Division no later than the 28th day of the following month. If no discharge occurs during the reporting period, "No Discharge" shall be reported. The DMR forms shall be filled out accurately and completely in accordance with the requirements of this permit and the instructions on the forms, and shall be signed by an authorized person as identified in the preceding section, Part LF.I. The DMR forms consist of four pages - the top "original" copy, and three attached no -carbon -required copies. After the DMR form has been filled out and signed, the four copies must be separated and distributed as follows. Revised 7/2112008 The top, original copy of each form shall be submitted to the following address: Colorado Department of Public Health and Environment Water Quality Control Division, WQCD-PE-132 4300 Cherry Creek Drive South Denver, CO 80246-1530 PARTI Page No. 8 Permit No. COG -070000 The additional copies are for the permittee's records. 3. Special Notifications a) Definitions (i) Bypass: The intentional diversion of waste streams from any portion of a treatment facility. (ii) Severe Property Damage: I) Substantial physical damage to property at the treatment facilities to cause them to become inoperable, or 2) substantial andrmanent loss of natural resources which can reasonably be expected to occur in the absence of'a bypass. (iii) Spill: An incident in which flows or solid materials are accidentally or unintentionally allowed to flow or escape so as to be lost from the domestic wastewater treatment works as defined in the Colorado Water Quality Control Act, which may cause pollution of state waters. (iv) Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b) Noncompliance Notification (i) 1f, for any reason, the permittee does not comply with or will be unable to comply with any maximum discharge limitations, standards or conditions specified in this permit, the permittee shall, at a minimum, provide the Division and EPA with the following Information: (I) A description of the discharge and cause of non- compliance. (2) The period of noncompliance, including exact dates and times and/or the anticipated time when the discharge will return to compliance; and (3) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge. (ii) The following instances of noncompliance shall be reported orally within twentv-f4ytr (24)) hours from the time the permittee becomes aware of the circumstances, and a written report mailed( within five (5) days of the time the permittee becomes aware of the circumstances. Oral notifications should be made by calling the Environmental Release and Incident Reporting Line at 877-518-5608. Written reports should be sent to Colorado Department of Public Health and Environment, Water Quality Control Division, WQCD-District Engineer, 4300 Cherry Creek Drive South, Denver, CO 80246-1530, (1) Any instance of noncompliance, which may endanger human health or the environment, regardless of the cause for the incident. (2) Any unanticipated bypass, or any upset or spill, which causes any permit limitation to be violated. (3) Any suspected significant discharges of toxic pollutants or hazardous substances, which are listed in Part III. of this permit, regardless of the cause for the incident. (iii) The permittee shall report all other instances of noncompliance, which are not required to be reported within twenty-four (24) hours, at the time DMRs are submitted, except as required in (iv) below. The reports shall contain the information listed in "Noncompliance Notification" (paragraph (i) above). (iv) If the permittee knows in advance of the need for a bypass, it shall submit written notification to the Division of the need for such bypass at least ten days before the date of the contemplated bypass. c) Submission of Incorrect or Incomplete Information Where thepennittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or report to the Division, it shall promptly submit such facts or information. d) Change in Discharge or Wastewater Treatment Facility The permittee shall inform the Division (Technical Services Unit) in writing of any intent to construct, install, or alter any process, facility, or activity that is likely to result in a new or altered discharge either in terms of location or effluent quality prior to the occurrence of the new or altered discharge, and shall famish the Division such plans and specifications which the Division deems reasonably necessary to evaluate the effect on the discharge and receiving stream. Revised 7/21/2008 If the Division finds that such new or altered discharge might the Division shall require a new or revised permit application Colorado State Discharge Permit System Regulations, 5CCR prior to the effective date of the new or altered discharge. e) Deactivation PART Page No. 9 Permit No. COG -070000 be inconsistent with the conditions of the permit, and shall follow the procedures specified in 1002.2, Sections 61.5 through 61.9(2), and 61.15 The permittee shall notify the Division (Permits Section) within thirty (30) days before deactivation of the permitted operation. Deactivation includes ceasing operation of the facility, ceasing all discharges to State Waters for the remaining term of the existing permit and/or the connection toanother wastewater treatment facility. PART I1 A. MANAGEMENT REQUIREMENTS AND RESPONSIBILITIES I. Bypass a) The pemtittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. Division notification is not required. b) A bypass, which causes effluent limitations to be exceeded, is prohibited, and the Division may take enforcement action against a permittee for such a bypass, unless: (i) (ii) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; There were no feasible altematives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if the permittee could have installed adequate backup equipment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and (iii) The permittee submitted notices as required in "Non -Compliance Notification," Part I.F. 3(b) (iv) 2. Upsets a) Effect of an Upset An upset constitutes an affirmative defense to an action brought for noncompliance with technology-based (process -related) permit effluent limitations if the requirements of paragraph (b) of this section are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b) Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: (i) An upset occurred and that the permittee can identify the specific cause(s) of the upset; (ii) The permitted operation was at the time being properly operated; and (iii) The permittee submitted notice of the upset as required in Part I, Section C of this permit (24-hour notice). (iv) The permittee complied with any remedial measures required under 40 CFR I 22.7(d). c) Burden of proof In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. 3. Reduction, Loss, or Failure of Treatment The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations of the permit. Upon reduction, loss, or failure of the treatment, the permittee shall, to the extent necessary to maintain compliance with this permit, control sources of wastewater, or all discharges, or both until the treatment is restored or an alternative method of treatment is provided. This provision also applies to power failures, unless an altemative power source sufficient to operate the wastewater control facilities is provide. In an enforcement action a permittee shall not use a defense that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. Revised 721/2008 PART 11 Page IO Permit No.: COG -070000 4. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent arty pollutant from such materials from entering waters of the State. 5. Minimization of Adverse Impacts The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any effluent limitations specified in this permit. As necessary, accelerated or additional monitoring of the influent or effluent will be required to determine the nature and impact of noncompliance. 6. Discharge Point Any discharge to the waters of the State from a point source other than specifically authorized herein is prohibited. 7. Inspections and Right to Entry The permittee shall allow the Division's Director, the EPA Regional Administrator, and/or their authorized representatives, upon the presentation of credentials: a) To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of this permit; b) At reasonable times to have access to inspect and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and c) To enter upon the permittee's premises in a reasonable manner and at a reasonable time to inspect and/or investigate any actual, suspected, or potential source of water pollution, or to ascertain compliance or noncompliance with any applicable state or federal statute or regulation or any order promulgated by the Division. The investigation may include, but isnot limited to the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing of any persons having any knowledge related to the discharge permit or alleged violation, access to any and all facilities or areas within the permittee's premises that may have any affect on the discharge, permit, or alleged violation. d) The Division shall split samples taken by the Division during any investigation with the permittee if requested to do so by the permittee. 8. Duty to Provide Information The permittee shall famish to the Division, within a reasonable time, any information which the Division may request to determine whether cause exists fur modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. 9. Availability of Reports Except for data determined to be confidential under Section 308 of the Act and the Colorado Discharge Permit System Regulations 5 CCR 1002-2, Section 61.5(4), all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division and the EPA's Regional Administrator. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Act, and Section 25-8-610 C.K.S. 10. Transfer of Ownership or Control A permit may be transferred to a new permittee only upon the completion of the following: a) The current permittee notifies the Division in writing 30 days in advance of the proposed transfer date; b) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage and liability between them; and c) Fee requirements of the Colorado Discharge Permit System Regulations (Section 61.15) have been met. Revised 7/21/2008 PART 11 Page 11 Permit No.: C00-070000 B. ADDITIONAL CONDITIONS 1. Permit Violations Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Civil and Criminal Liability Except as provided in Part I, Section C and Part 11, Section A, nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance (See 40 CFR 122.60) 3. State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibility, liabilities, or penalties established pursuant to any applicable State law or regulation under authority preserved by Section 510 of the Act. 4. Division Emergency Power Nothing in this permit shall be construed to prevent or limit application of any emergency power of the Division. 5. Severability The provisions of this permit are severable. If any provisions of this permit, or the application of any provision of this permit in any circumstance, are held invalid, the application of such provision to other circumstances and the application of the remainder of this permit shall not be affected. 6. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Section 311 (Oil and Hazardous Substance Liability) of the Act, except as recognized by federal law. 7. Property Rightg The issuance of this permit does not convey any property or water rights in either real or personal property or stream flow or any exclusive privileges, nor does it authorize any injury to private property, any invasion of personal rights, nor any infringement of Federal, State, or local laws or regulations.- 8. egulations:8. Modification. Suspension, or Revocation of Permit The fling of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. All permit modification, termination or revocation and reissuance actions shall be subject to the requirements of the Colorado Discharge Permit System Regulations, Sections 61.5(2), 61.5(3), 61.8, and 61.15 except for minor modifications. Minor modifications may only correct typographical errors, require a change in the frequency of monitoring or reporting by the permittee, change an interim date in a schedule of compliance or allow for a change in ownership or operational control of an activity including addition, deactivation or relocation of discharge points where the Division determines that no other change in the permit is necessary. a) This permit may be modified, suspended, or revoked in whole or in part during its term for reasons determined by the Division including, but not limited to, the following: (i) Violation of any tents or conditions of the permit; (ii) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment of terms or conditions of the permit; or (iii) Materially false or inaccurate statements or information in the permit application of the permit; or (iv) Toxic effluent standards or prohibitions (including any schedule of compliance specified in such effluent standard or prohibition) which are established under Section 307(a) of the Federal Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit. Revised 7/21/2008 PART 11 Page 12 Permit No.: COC -070000 b) This permit may be modified in whole or in part due to a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as: (i) The water quality standards applicable to such waters; or (ii) Effluent limitations or other applicable requirements pursuant to the state act or federal requirements; or c) This permit may be modified in whole or in part to include any condition set forth in the approval of the site location for the facility per Regulations for the Site Application Process, 5 CCR 1002-22, and Sections 22.1 through 22.14. d) At the request of a permittee, the Division may modify or terminate this permit and issue a new permit if the following conditions are met: (i) EPA's Regional Administrator has been notified of the proposed modification of termination and does not object in writing within thirty (30) days of receipt of notification; (ii) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modifications or termination; (iii) Fee requirements of Section 61.15 of Colorado Discharge Permit System Regulations have been met; and (iv) Requirements of public notice have been met. e) This permit may be modified to reflect any new requirements for handling and disposal of biosolids as required by State or Federal regulations. f) This permit shall be modified or alternatively, revoked and reissued, to incorporate an approved Domestic Wastewater Treatment Works Pretreatment Program into the terms and conditions of this permit. If, during the term of this permit, industrial contributions to the DWTW are interfering, inhibiting or incompatible with the operation of the treatment works, then thepermit may be modified to require the permittee to specify, by ordinance, contract, or other enfrce- able means, the ry of pollutant(s) and the maximum amount which may be discharged to the permittee's facility for treatment. g) 9. Permit Renewal Application If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least one hundred eighty (180) days before this permit expires. If the permittee anticipates there will be no discharge after the expiration date of this permit, the Division must be promptly notified so that it can terminate the permit in accordance with Part I1 Section B.8. 10. Confidentiality Any information relating to any secret process, method of manufacture or production, or sales or marketing data, which may be acquired, ascertained, or discovered, whether in any sampling investigation, emergency Investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection of this Subsection (10) shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full disclosure of effluent data. 11. Fees The permittee is required to submit an annual fee as set forth in the 1983 amendments to the Water Quality Control Act, Section 25-8-502 (1) (b), and Colorado Discharge Permit System Regulations SCCA 1002-2, Section 61.15 as amended. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section 25-8.601 et. seq., C.R.S. 1973 as amended. Revised 7/21/2008 Volatile acro em acrylonitrile benzene bromoforn carbon tetrachloride chlorobenzene chlorodibromomethane chloroethane 2-chloroethylvinyl ether chloroform dichlorobromomethane 1,1-dichlorethane 1,2-dichlorethane 1,1-dichlorethylene 1,2-dichlorpropane 1,3-dichlorpropylene ethylbenzene methyl bromide methyl chloride methylene chloride 1,1,2,2 -tetrachloroethane tetrachloroethylene toluene 1,2-trans-dichloroethylene 1,1,1 -trichloroethane 1,1,2 -trichloroethane trichloroethylene vinyl chloride Revised 712112008 PART III PRIORITY POLLUTANTS AND HAZARDOUS SUBSTANCES ORGANIC TOXIC POLLUTANTS IN EACH OF FOUR FRACTIONS IN ANALYSIS BY GAS CHROMATOGRAPHY/MASS SPECTROSCOPY (GC/MS) (SEE TABLE I1, of 40 CFR 122 APPENDIX D) Base/Neutral Acid Compounds acenaphthene ' 2 -chlorophenol acenaphthylene 2,4dtchlorophenol anthracene 2,4, -dimethylphenol benzidine 4,6-dmitro-o-cresol benzo(a)anthracene 2,4-dinitrophenol benzoo(a)pyyrene 2-nitrophenol 3,4-benzofluoranthene 4-nitrophenol benzzoo((gghi))perylene p -chloro -m -cresol benzo(k)fluoranthene pentachlorophenol bis (2-chloroethoxy)methane phenol bis(2-chloroethyl)ether 2,4,6 -trichlorophenol bis 2-chloroisopropyl)ether bis 2-ethylhexyl)phthalate 4-bromophenyl phenyl ether butylbenzyl phthalate 2-chloronaphthalene 4-chlorophenyl phenyl ether chrysene - dibenzo(a,h)anthracene 1,2 -dichlorobenzene 1,3 -dichlorobenzene 1,4 -dichlorobenzene 313dichlorobenzidine diethyl phthalate dimethyl phthalate di -n -butyl phthalate 2,4-dinitrotoluene 216-dinitrotoluene di-n-octyl phthalate 1,2-diphenylhydrazine(as azobenzene) fluorene fluoranthene hexachlorobenzene hexachlorobutadiene hexachlorcyclopentadiene hexachloroethane indeno(1,2,3-cd)pyrene isophorone naphthalene nitrobenzene N-hitrosodimethylamine N-nitrosodi-n-propylamine N-nitrosodiphenylamine phenanthrene pyrene 1,2,4-trichlorobenzene OTHER TOXIC POLLUTANTS (METALS AND CYANIDE) AND TOTAL PHENOLS (SEE TABLE III, OF 40 CFR 122 APPENDIX D) Antimony, Total Arsenic, Total Beryllium, Total Cadmium, Total Chromium, Total Copper, Total Lead, Total Mercury, Total Nickel, Total Selenium, Total Total Recoverable Thallium, mg/I Silver, Total Thallium, Total Zinc, Total Cyanide, Total Phenols, Total Part 111 Page 13 Permit No. COG -070000 Pesticides aldrin alpha -BHC beta -BHC gamma -BHC delta -BHC chlordane 4,4' -DDT 4,4' -DDE 4,4' -DDD dieldrin alpha-endosulfan beta-endosulfan endosulfan sulfate endrin endrin aldehyde heptachlor heptachlor epoxide PCB -1242 PCB -1254 PCB -1221 PCB -1232 PCB -1248 PCB -1260 PCB -1016 toxaphene TOXIC POLLUTANTS AND HAZARDOUS SUBSTANCES REQUIRED TO BE IDENTIFIED BY EXISTING DISCHARGERS IF EXPECTED TO BE PRESENT (SEE TABLE 11, OF 40 CFR 122 APPENDIX D) Toxic Pollutants Asbestos Hazardous Substances Acetaldehyde Allyl alcohol Allyl chloride Amyl acetate Aniline Benzonitrile Benzyl chloride Butyl acetate Butylamine Captan Carbaryl Carbofuran Carbon disulfide Chlorpyrifos Coumaphos Cresol Crotonaldehyde Cyclohexane 2,4-D(2,4-Dichlorophenoxy acetic acid) Diazinon Dicamba Dichlobenil Dichlone 2,2-Dichloropropionic acid Dichlorvos Diethyl amine Dimethyl amine Dinitrobenzene Diquat Disulfoton Diuron Epichlorohydrin Ethanolamine Ethion Ethylene diamine Ethylene dibromide Formaldehyde Furfural Guthion Revised 7121/2008 Pan III Page 14 Permit No. COG -070000 Isoprene lsopropanolamine Kelthane Kepone Malathion Mercaptodimethur Methoxychlor Methyl mercaptan Methyl methacrylate Methyl parathion Mexacarbate Monoethyl amine Monomethyl amine Naled Napthenic acid Nitrotoluene Parathion Phenolsulfanate Phosgene Propargite Propylene oxide Pyrethrins Quinoline Resorcinol Strontium Strychnine Styrene TDE (Tetrachlorodiphenylethane) 2,4,5-T (2,4,5-Trichlorophenoxy acetic acid) 2,4,5 -TP [2-(2,4,5-Trichlorophenoxy) propanoic acid] Trichlorofan Triethylamine Trimethylamine Uranium Vandium Vinyl Acetate Xylene Xylenol Zirconium COLORADO LMPARTMEN'1' OF PUBLIC HEALTH AND ENV/RONMENT, Water Quality Control Division Rationale - Page 15, Permit No. COG•070000 RATIONALE for AMENDMENT I CDPS GENERAL PERMIT FOR CONSTRUCTION DEWATERING ACTIVITIES CDPS NO. COG -070000, STATEWIDE COVERAGE Update (April 2008) This is the first amendment of the general permit for wastewater associated with construction dewatering which discharge to waters of the State. The most significant changes in this renewal are summarized below. A. The ability of the Division to request a onetime sampling analysis for metals, as well as organics, has been added. The permit writer may request the additional monitoring if information about the facility indicates the potential for groundwater contamination. The Division will review the results of the requested sampling to determine if additional parameters need to be added for permit limitations and monitoring in the certification. Should contamination be detected based on the sampling results, the permittee will be required to instigate remedial activities to become compliant with all relevant stream standards for al! parameters and may be reauired to apply for a Groundwater Remediation Permit, COG -315000. Discharge of contaminated groundwater is not covered under this permit. B. The monitoring frequency of total suspended solids has been changed from monthly to weekly and the monitoring frequency of total dissolved solids from weekly to monthly. C. The ability of the Division to change the monitoring frequencies of the specified effluent limitations has been added. The monitoring frequency may be changed based on site specific and/or discharge specific basis. PUBLIC NOTICE COMMENTS No Comments were received during the Public Notice Period. Mauro McGovern April 9, 2008 Mauna McGovern June 5, 2008 Amended: June S, 2008 Effective: Auzust 1, 2008 Expiration: November 30, 2011 Revised 7/21/2008 STATE OF COLOFADO John W. Hickenlooper, Govemor Christopher E. Urbina, MD, MPH Executive Director and Chief Medical Officer Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692.2000 Located 'n Glendale, Colorado http://www.cdphe.state.co.us JUN 1 1 2012 Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 692-3090 James White Mid-America Pipeline Company, LLC P.O. Box 4324 Houston, TX 77210 RE: Land Development GP03 General Permit Approval for Package #268089 Dear Mr. White, Colorado Department of Public Health and Environment RECEIVED JUN 15 2012 "Environmental Compliance" The Colorado Air Pollution Control Division approves land development general permit registration for the sites listed in the table below. Please refer to general permit GP03 for all applicable requirements, limitations, terms and conditions. A copy of the general permit may be obtained via the Internet at the following web address: http://www.cdphe.state.co.us/ap/down/qpneralpermGP03.pdf AIRS ID Site Name Actual Location City County Approval Expiration 078/0026/001 Western Expansion Pipeline Phase II Various counties Location map on file - Unincoporated Mesa Rio Blanco Garfield 03/08/2017 12:00:00 AM If you have any questions regarding this letter, please contact me directly at (303) 691-4092. Sincerely, KC Houlden Permit Engineer Stationary Sources Program Air Pollution Control Division 078/0026/001 Page 1 of 1 STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 GENERAL CONSTRUCTION PERMIT Land Development Projects PERMIT NO: GP03 FINAL APPROVAL Modification 1 November 10, 2009 R K Hancock III, P.E. Date Issued Permitting Section Supervisor Note: See the Land Development General Permit Guidance document available through the Division's Small Business Assistance Program for further information on demonstrating compliance with the requirements of this permit. I. General Permit Applicability I.A. The owner or operator of any land development activity that can comply with all of the operating conditions described in Section II of this permit and meet all requirements of this Section I may register for this general permit. I.B. Land development refers to all land clearing activities, including but not limited to land preparation such as excavating or grading, for residential, commercial, or industrial development, or oil and gas exploration and production. Land development does not include mining operations or the disturbance of contaminated soils. I.C. Land development activities that are less than 25 contiguous acres and less than 6 months in duration are exempt from permitting and do not need to report air emissions to the Division. For these projects, operators must use appropriate control measures to minimize the release of fugitive dust from the site. 11. Operating Terms and Conditions II.A. Emission Limitations II.A.1. Project will not exceed 1850 acres in size. Any project over 1850 acres will be subject to a Construction Permit and Public Notice proceedings. II.B. General Operating Conditions 11.111. Particulate emissions Control Plan II.B.1.a. THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR ENFORCEMENT PURPOSES ON THE SOURCES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO 1. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: LAND DEVELOPMENT GENERAL PERMIT Page 1 of 4 Permit Number GP03 Colorado Department of Public Health and Environment Final Approval Air Pollution Control Division II.B.1.a.(i) All Activities - Visible emissions not to exceed 20%, no off -property transport of visible emissions. II.B.1.a.(ii) Haul Roads - No off -property transport of visible emissions shall apply to on-site haul roads, the nuisance guidelines shall apply to off-site haul roads. II.B.1.a.(iii) Haul Trucks - There shall be no off -property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There shall be no off -vehicle transport of visible emissions from the material in the haul trucks when operating off of the property of the owner or operator. II.B.1.b. Control Measures II.B.1.b.(i) All unpaved roads and other disturbed surface areas on site must be watered as necessary to prevent off -property transport of visible fugitive particulate emissions. II.B.1.b.(ii) Vehicle speed on all unpaved roads and disturbed areas shall not exceed a maximum of 30 mph. Speed limit signs shall be posted. 11.8.1.b.(iii) No earthwork activities shall be performed when the wind speed exceeds 30 miles per hour. II.B.1.b.(iv) All disturbed surface areas shall be revegetated within one year and according to the information submitted by the applicant with the permit application. II.B.1.b.(v) Gravel entryways shall be utilized to prevent mud and dirt carryout onto paved surfaces. Any mud and dirt carryout onto paved surfaces shall be cleaned up daily. 11.13.1.c. Other control measures recommended by the Division, but not required for general permitting II.B.1.c.(i) Foundation soil shall be compacted on a daily basis to within 90% of maximum compaction. II.B.1.c.(ii) Silt fencing shall be installed prior to overlotting along all property borders that are adjacent to developed areas. II.B.1.c.(iii) Surface area disturbed shall be minimized as described in the information submitted by the applicant with the permit application. III. General Recordkeepinq IIIA. The records in this section shall be maintained on site. III.B. The current version of this general construction permit. III.C. The most recently submitted Air Pollutant Emission Notice (APEN). IIID. The general permit registration approval letter. IV. General Permit Terms and Administration IV.A. General Terms IV.A.1. Land development owner/operator agreement to Particulate Emissions Control Plan (11.8.1) will result in issuance of general permit approval letter. LAND DEVELOPMENT GENERAL PERMIT Page 2 of 4 Permit Number GP03 Colorado Department of Public Health and Environment Final Approval Air Pollution Control Division IV.A.2. A land development general permit will be valid for five (5) years from the initial date of the approval letter issuance. Any project exceeding five years will be required to file an APEN update after five years. IV.A.3. One APEN will be submitted per project. Multiple phases may be covered under a single APEN provided that the entire project is less than the 1850 acres. IV.A.4. APEN and General Permit Fees IV.A.4.a. Total fees for a land development APEN and General Permit will be $202.90. These fees will arise from two sources: IV.A.4.a.(i) An APEN filing fee in the amount of $152.90 per APEN filed (Please note that the APEN filing fee is subject to change by the Colorado State Legislature) and IV.A.4.a.(ii) A general permit fee of $50.00 for each APEN filed. IV.A.5. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No. 3, Part A, Section II.C.) IV.A.5.a. Whenever there is a change in the owner or operator of any facility, process, or activity; or IV.A.5.b. No later than 30 days before the five-year term of the existing APEN expires. IV.A.6. 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 and specific terms and conditions included in this document. IV.A.7. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the Division to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. IV.A.8. 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 initio. IV.A.9. 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. IV.A.10. Registration under this permit is approved in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon operation of the source, in accordance with this information and with representations made by the applicant or applicants agents. It is valid only for the equipment and operations or activity specifically identified on the general permit registration. IV.B. Registration Certification IV.B.1. Conditional certification of a registration under this general permit is effective from the date the complete registration request is received by the Division. A complete registration request consists of all General Permit application materials required by the Division including, but not limited to, an impact analysis that demonstrates, that the APEN requested emissions from the proposed source or modification will not cause or contribute to concentrations of air pollutants in ambient air in violation of any applicable state or national ambient air quality standard. The owner or operator may commence construction and operation of the land development project as represented in the registration upon submission of the completed registration request. In the LAND DEVELOPMENT GENERAL PERMIT Page 3 of 4 Permit Number GP03 Colorado Department of Public Health and Environment Final Approval Air Pollution Control Division event the land development project does not qualify for registration under the general permit or is demonstrated to violate an applicable ambient air quality standard, the owner or operator accepts the liability of commencing these activities. IV.C. Registration Modification IV.C.1. In order to modify operations under the general permit, the owner or operator must submit a new general permit application and APEN to the Division. This application will detail the changes being made to the project. Reasons for submitting a modification include, but are not limited to: IV.C.1.a. Increase in project size resulting in greater emission. IV.C.1.b IV.C.1.c. IV.C.1.d. Increase in the duration of the project resulting in fugitive particulates being released longer than initially reported. An increase in the amount of paving being performed on the site. A decrease in dust control measures being implemented from those initially reported. IV.D. Registration Revision / Termination IV.D.1. The Division may deny or revoke registration under the general permit under the circumstances specified in Regulation No. 3, Part B, Section 1II.1.3.c. IV.D.2. A registration under this general permit may be reissued to a new owner by the Division as provided in Regulation No. 3, Part B, Section II.B. upon a request for transfer of ownership and the submittal of a revised APEN and the required fees. IV.D.3. Registration under this general permit is voluntary. The permittee may withdraw or cancel a registration under this general permit at any time by notifying the Division in writing. IV.E. General Permit Revision / Termination IV.E.1. This general permit remains in effect until revised or terminated by the Division in accordance with the provisions of Regulation No. 3. IV.E.2. After public notice and comment as provided by Regulation No. 3, Part B, Section 111.1.7., the Division may revise this general permit in order to add or delete requirements or limitations to the permit. This public notice shall be conducted in a manner consistent with the provisions of Regulation No. 3, Part B, Section III.C.4. IV.E.3. If a revised general permit is issued by the Division, any existing registration to use the general permit will be automatically converted to a registration to use the revised general permit, provided that the permittee continues to meet all requirements of the revised general permit. Persons not wishing to continue coverage under the revised general permit shall have the option of applying for an individual permit as required by Regulation No. 3, Part B. IV.E.4. If the Division terminates this general permit, it will provide written notice to affected registrants prior to the termination of the general permit. The notice will advise registrants that they must apply for an individual permit as required by Regulation No. 3, Part B. Permit History Final Approval issued October 17, 2008. Modification 1: Removal of requirement that owner or operator receive Division approval prior to commencement of project. LAND DEVELOPMENT GENERAL PERMIT Page 4 of 4 Enterprise Mid-America Pipeline Company, LLC June 29th 2012 Cathy Eastley Garfield County Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RCF V JUL 02 2012 GANt-HLut.) UUUN I Y BUILDING & PI. ANNING 744 Horizon Court Suite 224 Grand Junction, CO 81506 970-261-6305 aslopez@eprod.com Re: Mid America Pipeline Company WEP II Revegetation Bond Cathy. Enterprise Products Mid America Pipeline Company has acquired the requested reveg bond associated with the WEP II Project. Please review the document enclosed in this envelope and let me know if you require any additional information. Best regards; Alex Lopez Senior Land Representative Enterprise Products Mid America Pipeline Company 744 Horizon Court Suite, 224 Grand Junction, CO 81506 970-263-3088 (Office) 970-261-6305 (Cell) ENTERPRISE TEXAS PIPELINE LLC IS EXCLUSIVELY MANAGED BY ENTERPRISE HOLDING I11, LLC ENTERPRISE PRODUCTS OPERATING LLC FACILITIES OPERATOR FOR ENTERPRISE TEXAS PIPELINE LLC L i/t/a-C c>frr:Z 7/2 (IZ- Bond No 022-041-834 RECLAMATION (REVEGETATION) BOND KNOW ALL MEN BY THESE PRESENTS, that the undersigned Mid-America Pipeline Company, LLC, as Principal and Liberty Mutual Insurance Company as Surety are held and firmly bound unto Board of County Commissioners of Garfield County, Colorado, as Obligee in the penal sum of Five Hundred Forty Eight Thousand One Hundred Twenty Five Dollars and no cents ($548,125.00 for the payment of which, well and truly to be made the said Principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has applied for a Garfield County Administrative Permit and Garfield County has required a revegetation and weed management bond securing Principal's performance of 219.25 acres. NOW, THEREFORE, if such permit is granted and if the Principal shall faithfully perform its duties under the terms of the permit, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, that if Surety shall so elect, this bond may be cancelled as to subsequent liability by giving thirty (30) days notice in writing to both the Principal and Obligee. IN WITNESS WHEREOF, THE Principal and Surety have hereunto set their hands and sealed this 26th day of June, 2012. The effective date of this bond is June 26, 2012 (Seal) Mid-America Pipeline Company, LLC (Seal) Senior Vice President and Treasurer Surety: Liberty Mutual Insurance Company By: Carol E. Hock, Attorney -In -Fact ppDA 2d1 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 5267652 American Fire and Casualty Company The Ohio Casualty Insurance Company West American Insurance Company Liberty Mutual Insurance Company Peerless Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire& Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of Ohio, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, that Peedess Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the °Companies°), pursuant to and by authority herein set forth, does hereby name, constitute and appoint ROBERT M. OVERBEY, JR., CAROL E. HOCK, SUZONNE D. LAWRENCE, all of the city of HOUSTON state of TEXAS each individually if there be more than one named, its true and lawful attomey-In-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as Its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this PowerofAttomey has beensubscribed byanauthodzed officerorofficlalofthe Companies and the corporate seals of theCompanies have beenaffixed theretothis 26th day of March 2012 , By: STATE OF WASHINGTON ss COUNTY OF KING American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Peerless Insurance Company West American Insurance Company Gregory W. Davenport, Assistant Secretary to N ✓ N c .0 c c O On this 26th day of March 2012 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and 0 0) Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, Peerless Insurance Company and West American Insurance Company, and that he, as such, being W authorized so to do, execute the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authodzed officer. o C. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattlet+N(,ashington, on the day and year first above written. a NOTARY PUBLIC NVa '8 By: NC KD Riley , Nota» Public ?. A This Power of Attorney is made and executed pursuant to and by authority of the following By-laws andAlliazations of American Ftre and Casually Company, The Ohio Casualty Insurance to Company, Liberty Mutual Insurance Company, West American Insurance Company and Peedess Insurance Company, which resolutions are now in full force and effect reading as follows: ....a tir; o ARTICLE IV— OFFICERS — Section 12. Power ofAttomeyAny officer or other official of the Corporafion authorized for that purpose in writing by the Chairman or the President, and subject itd to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal :o acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Suchattomeys-In-fact, subject to the limitations set forth in their respective % 0 powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such Instruments and to attach thereto the seal of the Corporation. When so > executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. My power or authority granted to any representative or attorney-in-fact under w the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. r m ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose In writing by the chairman or the president,. and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-Indact, as may be necessary to act in behalf of the Company to make, execute, O seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth In their O respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 10 executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attomey-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and biding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which is in full force and effect and has not been re (ked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ay of 201L . WCORPORAYED POA . AFCC, LMIC, OCIC, PIC & WAIC LMS 12873_012012 5;7'1 'I By: David M. Carey, Assistant Secretary Liberty Mutual. Important Notice TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the claim office by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for information purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September 1, 2001 Mid-America Pipeline Company, LLC Construction Management Plan Garfield County, Colorado portion of the pipeline Western Expansion Project II April 2012 1.0 INTRODUCTION 1.1 PURPOSE AND NEED Mid-America Pipeline Company, LLC (MAPL) is proposing to construct the Western Expansion Project II to deliver natural gas liquids from the Dragon Trail Compressor Station in Uintah County, Utah, through Rio Blanco/Garfield/Mesa Counties, Colorado to the Thompson Springs Compressor Station in Grand County, Utah. At Grand County the proposed pipeline connects to an existing pipeline system. There is a need to deliver the natural gas liquids from Wyoming and Utah to market. 1.2 ROW GRANT AND TUP APPLICATIONS MAPL proposes to construct a 95.30 mile, 16 -inch diameter pipeline. The approximate mileages by County are as follows: Uintah County, UT 3.73 miles, Rio Blanco County, CO 7.79 miles, Garfield County, CO 25 miles, Mesa County, CO 13.17 miles and Grand County, UT 45.44 miles. On BLM-administered lands and private property, construction of the pipeline will require a 125 -foot wide construction right-of-way (ROW) which includes a 50 -foot wide permanent ROW and a 75 -foot wide temporary use area. On both private and BLM-administered lands, temporary extra workspace (TEWS) will be required for construction in areas of rugged terrain, waterbody crossings, road crossings, and at pipeline point of intersection (PI) locations. TEWS associated with the pipeline are detailed in the alignment sheets and respective property owner easement agreements. 2.0 PROJECT DESCRIPTION 2.1 LOCATION AND DESCRIPTION OF FACILITIES Pipeline Facilities. All details of the pipeline and facilities are detailed in the alignment sheets. Access Roads. Existing county roads will be used to access the construction ROW as represented on the alignment sheets. Pipe Storage and Contractor Yards and Staging Areas. Pipe materials will be stored at the Meeker Pipe Storage Area located approximately 16 miles West of Meeker, CO on State Highway 64 in Rio Blanco County, Colorado. Contractor Yards and Staging Areas will consist of the Meeker Pipe Storage area and contractor staging areas in Grand Junction, CO. 2.2 SCHEDULE Construction of the project is scheduled to begin upon receipt of applicable permits, and will take approximately 6 months to complete. A copy of the draft schedule is attached to this document. 2.3 WORKFORCE Construction activities will require an average workforce of 100 workers per day with a peak workforce of 150 workers consisting of Company employees, contractor employees, construction inspection staff, and environmental inspection staff. It is not expected that additional staffing would be required to maintain the facilities after construction. MAPL- Western Expansion Project 11 — Construction Management Plan 1 2.4 TRAFFIC It is anticipated that the primary access will be Garfield County Road #201, Baxter Pass Road. The majority of the traffic outlined above can be expected between the hours of 6:00 am and 8:00 am and from 6:00 pm to 8:00 pm. During pipeline installation, there will be 25-35 pickup trucks, welding trucks, X -Ray trucks, etc., along with 10-15 large heavy hauling type vehicles during that time. One may anticipate 10-15 large capacity vehicles (vans/busses) during the stated times. As many vehicles and equipment will be left at the staging areas as possible when not in use. 3.0 CONSTRUCTION Standard pipeline construction techniques will be used along the pipeline route, which typically involve the following sequential operations: preconstruction survey, mobilization, clearing, grading, installation of Best Management Practices (BMPs) for erosion control, topsoiling, trenching, pipe stringing, welding and coating pipe, lowering in and padding, backfilling, strength testing, and cleanup and restoration. The construction techniques described below would be used unless site-specific conditions warrant special methods. Construction of the natural gas pipeline would begin after all required federal, state, and local approvals have been obtained. Company personnel and construction contractors will discuss procedures and permit approvals prior to construction. Pipeline Construction Pre -construction Survey. Construction staking is required to designate the centerline and outside right-of-way boundaries. The limits of disturbance would be clearly marked/staked prior to construction including the permanent easement/permanent right-of-way, temporary right-of- way, TEWs, and access roads. Utility lines would be located and marked to prevent accidental damage during pipeline construction. Sensitive areas to be protected from disturbance or that require monitoring would be marked. The location of access road entry points would be properly marked. Flagging, signs, and other markings identifying the limits of disturbance would be maintained through all phases of construction. A survey crew would be available during construction activities to refresh any damaged stakes. Mobilization. Construction equipment will be transported to the construction ROW via tractor trailer and unloaded within the designated staging area. Transportation equipment will be removed from the site or parked within the staging area once off loading is completed. Clearing and Grading. Vegetation will be cleared and the construction ROW will be graded to provide for safe and efficient operation of construction equipment and vehicles and to provide space for the storage of subsoil and topsoil. Construction activity and ground disturbance will be limited to approved, staked areas. Trees will be cut with a chain saw and/or mechanical shears and brush will generally be cut with a hydro -axe or similar equipment. Trees and brush will be cut as close to the ground as possible. Vegetative material will typically be shredded and scattered back across the surface to increase roughness, facilitate seeding establishment, and protect the construction ROW. Stumps that are not shredded or chipped and that are incorporated into the topsoil will be removed and disposed of at an approved disposal facility. Installation of Erosion Control BMPs. Erosion control BMPs will be installed immediately after clearing. Placement of erosion control BMPs will be according to the environmental MAPL- Western Expansion Project II — Construction Management Plan 2 alignment sheets in the MAPL Stormwater Management Plan. All erosion control BMPs will be routinely inspected and any damaged or temporarily removed structures will be replaced at the end of each working day. Topsoiling. Topsoil will be salvaged and protected along the entire alignment to facilitate revegetation of the construction ROW after construction is complete. On both BLM- administered and private lands, all available topsoil up to a depth of 6 inches will be removed from the trenchline and working side of the right-of-way and will be stored on the non -working side of the right-of-way. Topsoil will be stockpiled separate from subsoil and will not be used to pad the trench or construct trench breakers. In areas where the construction ROW crosses ephemeral drainages, the drainages will not be blocked with topsoil or subsoil piles. Topsoil and subsoil will be placed on the banks of the drainages. Gaps will be left periodically in the topsoil and subsoil piles. Subsoil will be windrowed to avoid ponding and excess diversion of natural runoff during storm events. Trenching. Access will be provided for landowners and grazing permittees to move vehicles, equipment, and livestock across the trench where necessary. Livestock operators will be contacted and adequate crossing facilities will be provided as needed to ensure livestock are not prevented from reaching water sources because of the open trench. The contractor will keep wildlife and livestock trails open and passable by adding soft plugs (areas where the trench is excavated and replaced with minimal compaction) during the construction phase. Soft plugs with ramps on either side will be left at all well-defined livestock and wildlife trails and at no more than half mile intervals along the open trench to allow passage across the trench and provide a means of escape for livestock and wildlife that may fall into the trench. Trenching activities will be completed using track hoes. The trench would be to one side of the construction right-of-way to allow for spoil to be placed opposite of the wider working side. MAPL does not anticipate that blasting would be required during pipeline construction. Pipe Stringing. After trenching is complete, individual joints of pipe will be strung along the construction ROW adjacent to the excavated trench and arranged so they are accessible to construction personnel. A mechanical pipe -bending machine will bend individual joints of pipe to the desired angle at locations where there are significant changes in the natural ground contours or where the pipeline route changes direction. Welding and Coating Pipe. After stringing and bending are complete, the sections will be aligned, welded together, and placed on temporary supports along the edge of the trench. All welds will be visually inspected by a qualified inspector. Non-destructive radiographic inspection methods will be conducted in accordance with current requirements. A specialized contractor will be employed to perform this work. Any weld defects will be repaired or cut out as required under the specified regulations and standards. To prevent corrosion, the pipe will be externally coated with fusion bonded epoxy coating prior to delivery. After welding, field joints will be coated with a tape wrap, shrinkable sleeve wrap, or field -applied fusion bond epoxy. Before the pipe is lowered into the trench, the pipeline coating will be visually inspected and tested with an electronic detector and any faults or scratches will be repaired. MAPL- Western Expansion Project 11 — Construction Management Plan 3 Lowering in and Padding. Before the pipe section is lowered into the trench, an inspection will be conducted to verify that the pipe is properly fitted and installed in the trench, minimum cover is provided, and the trench bottom is free of rocks and other debris that could damage the external pipe coating. The pipe sections will be simultaneously lifted in position over the trench and lowered in place. Sifted soil fines from the excavated subsoils will provide rock -free pipeline padding and bedding. Sandbags may be used to pad the bottom of the trench instead of, or in combination with, padding with soil fines. In rocky areas, padding material or a rock shield will be used to protect the pipe. No topsoil will be used to pad the pipe. Backfilling Pipeline. Backfilling will begin after a section of pipe has been successfully placed in the trench. Backfill will be conducted using a bulldozer or other suitable equipment. Subsoil excavated from the trench will generally be used to backfill the trench, except in rocky areas where imported select fill material may be needed. Backfill will be graded and compacted, where necessary, for ground stability, by tamping or walking with a wheeled or tracked vehicle. Compaction will be performed to the extent that there would be no voids in the trench. Any excavated materials or materials unfit for backfill will either be utilized elsewhere or properly disposed of in accordance with applicable laws and regulations. Strength Testing. Once the pipeline is in place, the pipeline would be pressure tested with water to ensure that the system is capable of operating at the design pressure. Prior to filling the pipeline for a strength test, each section of the pipeline would be cleaned by passing reinforced poly pigs through the interior of the pipeline. Pipeline integrity would be tested by capping the pipeline segments with test manifolds and filling the capped segments with water and held for the required amount of time. Any substantial loss of pressure indicates that a leak may have occurred and would require further inspection. Cleanup and Restoration. Cleanup and restoration would occur after the natural gas pipeline is installed and backfill activities are completed. Cleanup of the surface along the construction ROW would include removal of construction debris and final grading to the finished contours. Permanent erosion control measures would be installed and seeding would occur in accordance with landowner requirements. 4.0 SPECIAL CONSTRUCTION TECHNIQUES Road Crossings. Road will be crossed as per the applicable alignment sheet details and permits issued by the Garfield County Road & Bridge Department. Waterbody and Wetland Crossings. All waterbodies will be crossed in accordance with U.S. Army Corps of Engineers (COE) 404 Permit requirements. Livestock. Compensation or interim measures will be provided for critical facilities (such as watering sites) that are disrupted during construction or restoration through prior agreements with grazing permittees or landowners. Temporary fencing will be installed as required by pre - construction agreements with landowners to prevent livestock entry into the construction right- of-way. Fueling and Hazardous Materials. Fuels and hazardous materials will not be stored along the construction right-of-way. To minimize occurrence of contaminants from construction equipment, welding, and refueling entering surface water, MAPL has prepared and will follow a the details noted in the stormwater management plan. MAPL- Western Expansion Project II — Construction Management Plan 4 Fire Control. MAPL will comply with all federal, state, and local laws, ordinances, and regulations that pertain to the prevention, pre -suppression, and suppression of fires. If wildfires are observed outside of the project area, they will be reported immediately to the nearest fire dispatch office. Dust Control. Dust suppression techniques may be used in construction zones to mitigate the impacts of fugitive dust emissions in sensitive areas. Water for dust control would be obtained from either a private or municipal source. Magnesium chloride will not be used for dust control. Weed Control. All equipment would be thoroughly cleaned prior to being brought to the construction ROW to avoid contamination from noxious weeds. If working in sites with weed - seed contaminated soil, equipment would be cleaned prior to moving to uncontaminated terrain. MAPL avoid driving vehicles through areas where weed infestations exist. MAPL has prepared and will follow a Noxious and Invasive Weed Management Plan. Erosion Control. Temporary erosion controls would be installed immediately after initial disturbance (clearing) and would be properly maintained throughout construction and reinstalled as necessary until replaced by permanent erosion controls or restoration is complete. These measures may include but are not limited to sediment barriers, slope breakers, mulch, and erosion control fabric. MAPL has prepared and will follow the Stormwater Management Plan adopted for this project. Waste Disposal and Sanitation. The following measures will be implemented and enforced in the performance of the project work: • Littering of any kind will not be allowed on the ROW. A daily litter -policing program will be employed in the work. • Construction and operating sites will be maintained in a clean and sanitary condition at all times. Collected wastes will be disposed of promptly at an approved site. • "Waste" means all discarded matter, including but not limited to, human waste, trash, garbage, refuse, oil and fuel drums, petroleum products, blasting boxes, worn out parts, abandoned equipment, leftover materials, etc. • Excess or unsuitable materials will be returned to the supplier, sold to a commercial salvage yard, turned in at commercial recycling center or delivered to public or private disposal site approved for project use. • Special implementation plans prepared for and made part of the work will be maintained and followed for the duration of the work. • Portable chemical toilets will be provided and dispersed within the project area. Their number and location will vary with the length of the project, the number of workers present and the work phase of the project. Generally, a portable toilet will be provided at each contractor yard, pipe yard or permanent staging area. Other criteria not withstanding, a portable toilet will be provided for each 40 people or fraction thereof employed on the work. • Human wastes stored in portable toilets will be removed from the ROW on a regular periodic basis according to the capacity of the units and their monitored usage. Such human waste will be disposed of at an approved location in accordance with applicable laws and regulations. MAPL- Western Expansion Project II — Construction Management Plan 5 5.0 POST -CONSTRUCTION Reclamation. After construction, all disturbed areas would be returned to pre -construction conditions and a stable vegetative cover will be maintained on the ROW. The construction ROW will be restored and revegetated according to the measures outlined in the MAPL Reclamation Plan. Operation and Maintenance. Annual inspections will be conducted to check for erosion, pipe exposure, right-of-way condition, unauthorized encroachment, and any other situations that may result in a safety hazard or may require preventative maintenance. The annual inspections will be conducted on foot, from a vehicle using existing roads, or from aircraft. If damage should occur to one of the pipelines, the affected portion of the pipeline will be repaired or replaced. Applicable requirements of the Occupational Safety and Health Act will be followed. MAPL- Western Expansion Project II — Construction Management Plan 6 DRAWING TITLE: DRAWN BY: GGF CHECKED BY: SCALE: 1'=4000 DATE: 2/29/2012 PROJECT NO: 9470-11s SHEET NO: 1 OF 1 1111nPhi4'nst1+igthMd � x ,� ■���� Receptlonk; 817989 04130!2012 10:60:33 AM Jean Alberioo 1 of 1 Rao Fee:311.00 Doo Fee:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY CONFQKMED COPY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of (,..0A4'/1.2 ('i 1lthp y GDW c(/) j /tt a Co/gr,.. jo (corporation, limited ]lability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is („ifirli4L0 �,,� bI �,a, ,L,,,20 -F1.7 .cc and is formed under the laws of rk/0,,-4 494D The mailing address for the Entity is /°, 0,/3y (eco tD..✓1',y.,1/ A S'/6 a The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title ,to real property on behalf of the Entity is �qN p, 1-I,/( The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: /yoyu Q. (if no limitations, insert "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) EXECUTED this 45 day of DC. A4 ,ba2K , 2D1. Signature: aQ h.1;ee Name(typed or printed: di , O. %a1 (1 Title (if any): STATE OF Co/on.JJ ) )SS. n COUNTY OF /(.'l% R -a ) The foregoing instrument was acknowledged before me this /5r day of , 20L by `',,, ,Q AO/ , on behalf of a l!)/Drano ?re<1l,eA✓/ official seal. My commission Expires 09/19 05/09 ■III V+P 1111/ 1,11111Nk1 Ii&d 1,0VIA IthI tli,ta1"6in Recepllonp; 817989 04139/2912 10:60:33 RM Joan R1Wr ioo 1 of 1 Rao Fee:$11.00 Doc Foa:0.00 OARFLO COUNTY CO STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, this Statement of Authority on behalf a C Dip v 10 company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: CONFOKMED COPY the undersigned executes of r_y; 1717/ ei wisp J. Gho Ole l 11 l,u� (corporation, limited liability The name of the Entity is and is formed under the laws of CA( 4 -��11 rpo1 a' 4 s�` n The mailing address for the Entity is /,, 04.3v go fku..44,3.2, Lv 4-v cc The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title ,to real property on behalf of the Entity is n u,�( The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: /1/90) 2. (if no limitations, insert "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) EXECUTED this % S day of D o C AA hazy' , 201. .0 4 Signature: Name(typed or printed: 494/ D. /a, (( STATE OF (b/0✓O COUNTY OF Il'o R/0 Title (if any): )SS. ?re< J.2N The foregoing instrument was acknowledged before me this /5- day of , 2011 by "..7.4;71 12 /1.11 / , on behalf of a /tiler ad official seal. My Commission Expires 09/ 05/09 tyc 1111 flpinvitvilil find MIC IAArIMJdt I.*t ■i ill Receptlen#: 817989 04/30/2012 10:50:33 AM Jean Alberto° 1 of 1 Roo Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY CONFoNMED COPY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of (...v,;41/42 (1,141,0y (,Ow Q41 % / j /,tr a C a/0-4. 10 (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is LYIr)Gte c), cbai. and is formed under the laws of 01 on- /t tf)0 The mailing address for the Entity is /', U,Jly 'co ilu✓frg.,I/ G„ /Xvc The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title ito real property on behalf of the Entity is UV j3. L//(( The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: ,vow t (if no limitations, insert "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) EXECUTED this /19 day of STATE OF COUNTY OF 0,0 c ,e .0 ,b -e it" Signature: Name(typed or printed: , 2021. d'Q,d 1) • H, It Title (if any) : /4'4S i cY.e/t! / !'U/o ve d° SS. 2.o /-o ) The foregoing instrument was acknowledged before me this /5r day of , 20JJ by .Asy ,Q /I.'/ %on behalf of c, a "eviaalcla 05/09 Witne- �•t_ \.S.r.' T� official seal. My Commission Expires