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HomeMy WebLinkAboutHARMONY & STRAUSS CABIN CONVENIENCE SHOPPING CENTER (FORMERLY HARMONY & I-25 NORTH) - FDP - FDP150030 - REPORTS - STORMWATER MANAGEMENT PLANStorm Water Management Plan for Harmony & Strauss Cabin Convenience Shopping Center Subdivision Filing No. 1 submitted to: City of Fort Collins, Colorado Prepared October 2015 Storm Water Management Plan Administrator Owner Construction Site Operator Project: Disturbed Acres: 11.00 EROSION CONTROL BMPs Units Estimated Quantity Unit Price Total Price L.F. 2725 $4.00 $10,900.00 Each 8 $400.00 $3,200.00 Each 11 $180.00 $1,980.00 Each 2 $180.00 $360.00 Each 2 $90.00 $180.00 Each 4 $80.00 $320.00 Each 1 $1,200.00 $1,200.00 S.Y. 320 $6.00 $1,920.00 L.F. 4200 $0.95 $3,990.00 L.F. 2700 $4.00 $10,800.00 Each 1 $660.00 $660.00 Sub-Total: $35,510.00 1.5 x Sub-Total: $53,265.00 Amount of security: $53,265.00 Acres 11 $300.00 $3,300.00 Each 1 $800.00 $800.00 Sub-Total: $4,100.00 1.5 x Sub-Total: $6,150.00 Amount to Re-seed: $6,150.00 Minimum escrow amount: $3,000.00 Erosion Control Escrow: $53,265.00 Miniumum Escrow Amount Unit Price of Seeding per acre: “The amount of the security must be based on one and one-half times the estimate of the cost to install the approved measures, or one and one-half times the cost to re-vegetate the disturbed land to dry land grasses based upon unit cost determined by the City's Annual Revegetation and Stabilization Bid, whichever is greater. In no instance, will the amount of security be less than one thousand five hundred dollars ($1,500) for residential development or three thousand dollars ($3,000) for commercial development” Final Escrow Amount Mobilization Reseeding Amount Wattle Dike Construction Fence (CF) Concrete Washout Area (CWA) Gravel Check Dam (GCD) Drop Inlet Protection (DIP) Inlet Grate Bag (IGB) Vehicle Tracking Control (VTC) Silt Fence (SF) Harmony & Strauss Cabin Convienience Shopping Center Subdivision, Filing No. 1 Curb Inlet Protection (CIP) Bale Grate Protection (BIP) Turf Reinforcing Mat (TRF) Erosion and Sediment Control Escrow/Security Calculation for The City of Fort Collins BMP Amount 10/14/2015 11:48 AM K:\993\0004.00\11 Cost Estimating\Fort Collins SWMP Escrow Page 1 TABLE OF CONTENTS 1.0 Site Description ............................................................................................................... 2 1.1 Introduction ............................................................................................................... 2 1.2 Project Description ................................................................................................... 3 1.3 Proposed Sequence of Activities .............................................................................. 3 1.4 Existing Soil and Surface Conditions ........................................................................ 4 1.5 Wetlands and Receiving Waters .............................................................................. 5 1.6 Storm Water Management Plan Administrator ......................................................... 5 1.7 Potential Pollutants ................................................................................................... 6 2.0 Pollution Controls ........................................................................................................... 6 2.1 Controls Overview .................................................................................................... 6 2.2 Erosion and Sediment controls ................................................................................. 6 2.2.1 Structural Practices .................................................................................................. 6 2.2.2 Non-Structural Practices .......................................................................................... 8 2.2.3 Other Controls .......................................................................................................... 9 2.3 Materials Management ........................................................................................... 10 2.3.1 Potential Pollution Sources .................................................................................... 10 2.3.2 Pollution Prevention Measures ............................................................................... 10 2.4 Spill Management ................................................................................................... 12 2.5 Non-Storm Water Components of Discharge ......................................................... 13 3.0 Inspection and Maintenance ........................................................................................ 13 3.1 Inspection and Maintenance Overview ................................................................... 13 3.2 Minimum Monitoring and Requirements ................................................................. 14 3.3 Reporting Requirements/ Inspection Reports ......................................................... 14 3.4 Site Maps ................................................................................................................ 15 4.0 Final Stabilization/ Conclusion .................................................................................... 15 5.0 References ..................................................................................................................... 16 Figures Figure 1: Vicinity Map ................................................................................................................... 2 Figure 2A: Existing Conditions Photo ........................................................................................... 4 Figure 2B: Existing Conditions Photo ........................................................................................... 5 Technical Appendix Appendix A – CDPHE General Permit for Storm Water Discharge – Construction Activity Appendix B – CDPHE General Permit Application Appendix C – EPA National Menu of BMP’s Appendix D – Reporting Chemical Spills and Releases in Colorado Appendix E – Sample Inspection Form Appendix F – Inactivation/Reassignment Notices Appendix G – Soil Survey Information Back Pocket – Site Maps/Sediment and Erosion Control Map Page 2 1.0 Site Description 1.1 Introduction The following Storm Water Management Plan (SWMP) has been prepared for use during the construction of the Harmony & Strauss Cabin Convenience Shopping Center Subdivision Filing No. 1 project, located in the northwest quarter of Section 3, Township 6 North, Range 68 West, in the City of Fort Collins, Colorado; southwest of Harmony Road and Interstate 25. This plan describes recommended procedures and best management practices, BMP’s, to assist the contractor in complying with the Colorado Water Quality Control Act and the Federal Water Pollution Control Act. A copy of the CDPHE General Permit for discharge is attached in Appendix A. The general permit is the State law that requires this report and is provided for reference. A copy of the permit application is provided in Appendix B for submittal to the State at least 10 days prior to beginning grading activities. The intent of this plan is to provide the contractor a place to consolidate records, logs, permits, applications etc. as well as guidance on water quality protection. It is critical that the contractor understands that this plan is a living document that must be updated and maintained throughout the construction process. VICINITY MAP NOT TO SCALE PROJECT LOCATION N I-25 Page 3 1.2 Project Description In the Spring of 2015, construction of the project is expected begin. The site, consisting of approximately 18.6 acres, is expected to be disturbed by importing dirt and grading activities. The project may occur in multiple phases consisting of grading and seeding along with the construction of parking areas around the buildings to be built. The completed project will include buildings and parking areas while the open spaces will be graded and seeded. A map of the proposed improvements is included in the back pocket of this report. The map is an important document that the contractor will need to use throughout the construction project, and is discussed in later sections. 1.3 Proposed Sequence of Activities The contractor is the SWMP Administrator and will be responsible for implementing and maintaining the erosion and sediment control, and pollution prevention measures described in this document and the accompanying construction drawings and specifications. The contractor may designate certain tasks as he sees fit, but the ultimate responsibility for ensuring the implementation of these controls and their proper function remains with the contractor. The order of major activities will be as follows: 1. Site Preparation: Confirm project disturbance limitations with those indicated on the BMP maps, mobilize office trailers, and install initial sediment and erosion control and pollution prevention BMP’s. All BMP’s must be shown on the BMP plans in the back pocket of this report. Some BMP locations must be determined by the contractor and marked on the plans. 2. Schedule internal pre-construction inspection of BMPs to insure proper installation and functionality. Fill out an inspection report, provided in Appendix E, and file it in this report notebook. 3. Site Construction Preparation: clearing, grubbing and overlot grading. 4. Installation of Interim silt fence around upstream building plans to protect the permeable interlocking concrete pavement. 5. Installation of permanent BMP’s: detention and water quality ponds, outlet structures, seeding, mulching, spray-on matrix or rolled erosion control blankets on slopes. 6. Permanent and temporary seeding: temporary seeding of areas that won’t be stabilized within 30 days, permanent seeding of any areas that are complete. 7. Finish grading of areas around finished buildings. 8. Final stabilization: landscaping around finished buildings and site amenities. 9. Remove all temporary BMPs upon establishment of sufficient vegetative cover or other permanent stabilization. If at any time construction ceases for a period expected to exceed 90 days, such as the project being split into multiple phases, temporary seeding of future phases shall be installed until construction of each future phase has begun. In the event that the project is split into phases or suspended, the permit may need to be inactivated or reassigned to next administrator. 1.4 Existing Soil and Surface Conditions Generally, the site consists of a large unused field near an abandoned gravel pit that acts as a Page 4 large retention basin for stormwater. The estimated 2-yr runoff coefficient (c) for the existing site conditions is 0.20. According to the geotechnical engineering report by Earth Engineering Consultants, Inc. the soils underlying the subdivision are silty sands, clayey sand, or sandy lean clay and underlain by sand and gravel. The report notes that groundwater was encountered at depths of 2 to 8 feet. Due to the fact that the pits/ponds are filled by both storm water and groundwater, it is anticipated that groundwater will be encountered during the dewatering of the ponds; additional permitting will be required if de-watering is necessary because groundwater is encountered. According to the USDA Web Soil Survey, the site surface consists of mainly Caruso clay loam. The erosion factor, K, indicates the susceptibility of a soil to sheet and rill erosion by water. Values of K range from 0.02 to 0.69, where the higher the value is, the more susceptible the soil is to sheet and rill erosion by water. According to the results of the survey, the site’s potential for erosion is medium, K=0.32, and the majority of the soil belongs to hydrologic group D. The web soil survey data is included in Appendix G. Figure 2A: Existing Conditions Photo (Looking North-East) Page 5 Figure 2B: Existing Conditions Photo (Looking North) 1.5 Wetlands and Receiving Waters There are known jurisdictional wetlands on the project site. A portion of wetlands acreage will be disturbed when the Weitzel Pond #1 area is completed, directly to the south. This will include filling in the existing pond that this development currently overlaps on the south side. A mediation plan associated with that development will be implemented to reconcile the disturbance of the wetlands. Consistent with existing conditions, Runoff from the property will discharge to the southeast into an adjacent drainage way which will feed into the remainder of gravel pond #1. Gravel pond #1 spills into gravel pond #2 which then spills to the south into an adjacent drainage way in a significant storm event. This drainage way follows the east property boundary between the interstate and Wellington Downs pit. The drainage way outlets into two culverts under Kechter Road, which is assumed to be the historic stormwater release location for this site, and eventually to the Poudre River. 1.6 Storm Water Management Plan Administrator ______________ shall be the designated SWMP Administrator for the Project. It will be his or Page 6 her responsibility to insure the SWMP's adequacy at all times to effectively manage potential storm water pollutants throughout the course of construction. 1.7 Potential Pollutants During construction of new facilities, there is a potential for storm water to be contaminated with pollutants such as soil sediments, slurry from saw cutting concrete and asphalt, equipment fueling, washing of exposed aggregate or masonry and concrete mix trucks, asphalt sealing, street and house painting, construction waste, and other related activities. 2.0 Pollution Controls 2.1 Controls Overview During construction, several control measures shall be implemented under the direction of the contractor to prevent discharge of contaminated water. Specifications and details for specific control measures are included in Appendix C of this report for use on the project. In addition to those structural measures, other controls include non-structural practices, materials management, spill prevention and management, and other miscellaneous controls as described in the following sections. 2.2 Erosion and Sediment controls The objective of erosion control is to limit the amount of erosion occurring on disturbed areas until stabilized. The objective of sediment control is to capture soil that has eroded before it leaves the construction site. Despite the use of both erosion and sediment control measures, it is recognized that some sediment could remain in runoff, especially during very large storm events. The contractor shall utilize the best management practices (BMP’s) described in the following sections to minimize the above potential to the maximum extent practicable. During all phases of construction, the contractor should plan ahead of possible rainfall events and work to limit erosion from occurring where potential exists. Where potential does exist provide adequate conveyance, temporary or permanent, and direct runoff to BMP’s that trap sediment. The erosion and sediment BMP’s anticipated for use on the site include both structural and non-structural practices. 2.2.1 Structural Practices Structural BMPs are structures that limit erosion and sediment transport. Such Practices include straw bales and wattle check dams, silt fence, inlet and outlet protection, water quality ponds, and grading techniques. The structural BMP’s that will be utilized on the subject site are described in more detail as follows Gravel and Wattle Check Dams  Can be constructed of sandbags or wattles across a swale or channel  Used to slow the velocity of concentrated flow in a channel and reduce erosion  Used to catch sediment by capturing contaminated runoff  Most effective when used with other erosion prevention BMPs Page 7  Should not be used for basins exceeding 2-5 acres  Should be used in series with the base elevation of the upstream dam set at the same elevation or lower than the downstream dam. Silt Fence  A temporary vertical barrier attached to and supported by posts entrenched in the ground  Utilized to intercept sediment from disturbed areas during construction  For use in areas of shallow flow, not concentrated runoff  Typically used at the toe of fills and in transitions between cuts and fills and along streams  Usually used as a perimeter control.  Installed prior to any land disturbing activity  Shall be inspected periodically and after each rain or snowmelt event  Not effective as a wind break. Inlet Protection  A barrier across or around a storm drain inlet  Utilized to filter sediment-laden runoff and prevent it from entering storm drain systems  Not to be utilized as a primary sediment trapping device, but as a secondary control  Do not use where ponded water will create dangerous driving conditions  Blocking of the inlet shall not be water tight Outlet protection  A structurally lined apron (generally rip rap, concrete, or both) placed at the outlet of pipes or channel sections  Used to dissipate energy and prevent erosion by reducing velocity  Shall be installed immediately after construction of the conveyance element is complete  Utilized as a permanent feature Permeable Interlocking Concrete Pavement  Used to catch sediment by capturing contaminated runoff  Most effective when used with other erosion prevention BMPs  Utilized as a permanent feature Bioretention  Depressed landscape area designed to capture and filter or infiltrate the water quality capture volume  Utilized to detain sediment laden storm water and allow particles to settle out  Best used with other erosion prevention practices to limit sediment load in ponding area  During construction, sediment shall be removed when the wet storage is reduced by half  Full capacity of ponds shall be re-established following stabilization Page 8 Water Quality Ponds  A small temporary or permanent ponding area with a hard lined spillway  Utilized to detain sediment laden storm water and allow particles to settle out  Should be installed prior to other land disturbing activities upstream  Best used with other erosion prevention practices to limit sediment load in pond  During construction, sediment shall be removed when the wet storage is reduced by half  Full capacity of ponds shall be re-established following stabilization Grading Techniques  Soil surface roughening, terracing and rounding at tops of cuts, transitions and roadway ditches to facilitate vegetation and minimize erosion  Disk surface to create ridges at least 6 inches deep following the land contour  Used to temporarily stabilize disturbed areas immediately after grading  After rain storm events, rills that formed should be repaired immediately 2.2.2 Non-Structural Practices Non-structural BMPs are both temporary and permanent stabilization practices. Such practices may include temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, maintaining existing vegetation. The non-structural BMPs that will be used on the site include the following: Temporary and Permanent Seeding  Soil preparation, disking, and soil amendment may be necessary for proper seed bed establishment.  Seeded areas should be inspected regularly. Areas that fail to establish shall be re-seeded promptly.  Any area exposed for more than 30 days after construction has ceased shall be seeded or mulched  Permanent landscape cover shall be installed according to the landscape plan Mulching  Application of plant residues to the soil surface. Typical mulching materials include certified weed free hay or straw, certified under the Colorado Department of Agriculture Weed Free Forage Certification Program.  Utilized in combination with tackifier during high winds, steep slopes, or due to seasonal constraints.  Used to cover permanent and temporarily seeded areas.  Inspect frequently and reapply in areas where mulching has loosened or removed. Maintain Existing Vegetation  Preserve wherever possible to prevent erosion and buffer movement of sediment. Page 9  Establish buffers  Inspect frequently and apply BMPs when beginning to show signs of erosion Geotextiles:  A special liner that prevents erosion while vegetation is established and aids in establishment by preserving moisture available to the seed  The blankets need to cover the necessary area of the graded slope and bottom channel.  The blanket will be installed according to the manufacturer’s instructions and specifications. The number of staples or fasteners is critical while vegetation is still germinating  The erosion control blankets will be installed once the slopes of the vegetated swales have reached final grade or on areas where erosion is occurring during construction.  The erosion control blanket will be inspected weekly and immediately after storm events to determine if cracks, tears, or breaches have been formed in the fabric. If so the blanket will be repaired or replaced immediately.  Good contact with the soil will be maintained and erosion will not occur under the blanket. Any areas where the blanket is not in close contact with the ground will be repaired or replaced.  Utilized as both temporary and permanent feature depending on grade. 2.2.3 Other Controls Vehicle Tracking Control/ Construction Entrance  A temporary stabilized layer of aggregate underlined with geotextile or gravel located where traffic enters or exits the construction site  Should be installed prior to any construction and inspected daily  Does not work well alone in muddy conditions – use tire washing when mud is present. Implementation of tire washing should include provisions for collecting wash water and directing it to a treatment pond  Whenever possible locate the construction entrance as far from the disturbed area as possible to allow maximum travel time for sediment removal from tires.  Public and Private roadways shall be kept clear of accumulated sediment.  Cleaning sediment shall not be accomplished by flushing with water. Sediment should be shoveled or swept from the street and placed away from storm water improvements.  Consider limiting vehicles from entering the site when conditions are wet or muddy. Control Practices for Wind Erosion  Dust from the site will be controlled using a mobile pressure-type distributor truck to apply portable water to disturbed areas. The mobile unit will apply water only as necessary to prevent runoff and ponding.  Dust control will be implemented as needed once site grading has been initiated and during windy conditions while site grading is occurring.  Spraying of portable water will be performed whenever the dryness of the soil warrants it. Page 10  At least one mobile unit will be available at all time to distribute portable water to control dust on the project area.  During high winds limit traffic speeds to 12 mph or less on areas without gravel or pavement.  Gravel can be placed on construction roads, entrances, and construction staging areas. Stone/gravel provides an effective protective cover over the soil.  In areas where wind erosion is expected soil-binding tackifiers can be applied with high success. 2.3 Materials Management 2.3.1 Potential Pollution Sources Abnormal or especially hazardous materials are not expected to be utilized during the construction of the project, but like most construction projects, some materials or substances used have the potential to be hazardous when leaked into the storm water runoff. The following materials are expected to be present onsite during construction: Concrete/Additives/Wastes Cleaning Solvents Detergents Petroleum based products Paints/Solvents Pesticides Acids Fertilizers Construction Wastes Sanitary wastes Soil Stabilization additives Activities on the site that may impact storm water include the following:  Equipment storage/Washing/Fueling  Storage of Fertilizers/Chemicals/Paint/Fuel  Waste storage/disposal  Concrete truck washout and tool washing  Sanitary facility use and disposal As construction progresses, specific areas shall be designated for the above mentioned activities and materials management operations. The contractor is responsible for marking the location of these facilities on the site map and reporting on the condition, effectiveness, and corrections or changes made and why. Note: Onsite asphalt or concrete batch plants require a separate permit from the State. Onsite batch plants are not anticipated in this report. 2.3.2 Pollution Prevention Measures Pollution prevention measures should be utilized to prevent construction materials with the potential for polluting storm water from coming in contact with runoff. Measures include good housekeeping, proper disposal and storage, spill prevention, and secondary containment. BMPs for most common construction materials and wastes with the greatest potential for adversely affecting water quality are as follows: Page 11 BMPs for Construction Waste:  Select a designated waste collection area onsite  Locate containers in level areas away from storm water conveyance structures  Provide covers for containers that contain very hazardous or soluble chemicals  Avoid putting paint/solvent containers in open dumpsters or allow them to dry completely before disposing  If a container does spill, provide clean up immediately  Make sure waste is disposed of at authorized disposal areas BMPs for Hazardous Waste Disposal  Check with local waste management authorities with regard to requirements for disposing of hazardous materials  Use entire product before disposing  Dispose of containers with lids on and tightly sealed  Provide a separate dumpster for large amounts of chemical or hazardous material and maintain more stringent controls on that dumpster  Do not remove the product label from containers, it contains important disposal information BMPs for residual concrete disposal  Emptying or washing of excess concrete may be allowed on site. Excess concrete and wash water should be placed in a designated wash out area that avoids contact with storm water.  Wash out areas should be clearly marked with signs and marked on the site map  The hardened residue from the wash out area can be disposed of like other non- hazardous construction waste or may be broke up and used as deemed appropriate by the contractor. BMPs for Sanitary/Septic Wastes  If self-contained, temporary sanitary facilities are used, the waste disposal company should service the facilities based on the number of workers anticipated to avoid over use.  All facilities should be anchored to the ground to prevent overturning due to wind or accident  Locate portable toilets away from curbs, swales or other locations where concentrated runoff may occur.  Do not dump any hazardous materials into the sanitary waste disposal systems. BMPs for pesticides/fertilizers  Store pesticides in a dry covered area and elevate above the ground  Provide secondary containment barriers around areas where a lot of material is stored. Straw Wattles are NOT appropriate containment barriers!  Strictly follow recommended application rates and application methods  Apply fertilizer more frequently and at lower rates.  Reduce exposure of nutrients to storm events by working fertilizer deep into soil BMPs for petroleum products Page 12  Fueling operations shall occur in a designated area.  Store petroleum products in covered areas and away from areas where concentrated runoff occurs.  Provide secondary containment barriers around areas where a lot of material is stored. Straw Wattles are NOT appropriate containment barriers!  Schedule preventative maintenance for onsite equipment and fix any gas/oil leaks on a regular basis  Follow procedures for proper handling of asphalt and sealers  Secure fueling equipment and install valves to prevent vandalism/theft 2.4 Spill Management Construction site supervisors should create and adopt a spill control plan that includes measures and procedures to stop the source of the spill, contain the spill, clean up, and dispose of contaminated materials. Key personnel should be identified and trained to be responsible for spill prevention and control. The following measures would be appropriate for a spill prevention response plan: Store and handle materials to prevent spills  Tightly seal containers  Make sure all containers are neatly labeled  Stack containers carefully for stability to avoid spills.  Limit the height of stacks of stored materials  Whenever possible store materials on covered pallets or in trailers with adequate ventilation  Eliminate storm water contact if there is a spill  Have cleanup procedures clearly posted  Have cleanup materials readily available and posted  Immediately contain any liquid  Stop the source of the spill  Cover spill with absorbent material and dispose of properly Additionally, records of spills, leaks, or overflows that result in the discharge of pollutants must be documented and maintained. When any spill occurs: 1) Notify the controlling operator of the site immediately following a hazardous spill. 2) Document the spill and its clean-up procedures whether reporting is required or not. 3) At a minimum document the following:  Nature of spill  Quantity of spill  Date/time spill occurred  Agency notification if necessary  Clean-up procedures used  Daily monitoring (7 days) after clean-up  Photographs  Interview(s) with any witnesses of the event Page 13 Some spills will need to be reported to the Division of Water Quality immediately including the following:  Over 25 gallons of petroleum  5 CCs of mercury  Release of any chemical, oil, petroleum product which entered waters of the State of Colorado (which include surface water, groundwater, dry gullies or storm sewers leading to surface water).  Any spill or release of raw sewage If any of the above criteria is met or exceeded, the Colorado Department of Public Health and Environment, Local Emergency Planning committee, downstream users and other agencies (MS4s) will be notified. The CDPHE will be notified by telephone within 24 hours. In addition, written notification describing the spill and the clean up procedures used will be sent to the agencies 5 days following the spill. If a spill does not meet the above criteria, reporting is not mandatory. See Appendix D for the Divisions requirements. The Divisions 24-hour environmental emergency spill reporting line is 1-877-518-5608. 2.5 Non-Storm Water Components of Discharge Non-storm water discharges must be avoided or reduced to the maximum extent possible. This SWMP plan does not include construction dewatering. Pumping or draining groundwater, even groundwater that has infiltrated an excavation, requires a separate permit from the State. Storm water that mixes with groundwater is also subject to the controls in the general permit for Construction Dewatering. The permit requirements and application for Construction dewatering is available at: http://www.cdphe.state.co.us/wq/PermitsUnit/construction.html. No materials shall be discharged in quantities that may impact storm water runoff. Possible discharge sources that need to be contained include:  Locations where water tanks are being filled. Seal all leaks and avoid over filling. Any leaks should be directed to a water quality pond or protected to prevent erosion.  Contain excess water during fire hydrant blow off, water system cleaning or other instances where potable water is discharged onto the surface. Convey any discharge to a water quality pond and avoid causing erosion by avoiding steep slopes, disturbed areas, etc.  Monitor irrigation systems and fix leaks promptly. Avoid over irrigating areas where vegetation is not yet established. 3.0 Inspection and Maintenance 3.1 Inspection and Maintenance Overview Page 14 A site inspection of all erosion control facilities shall be conducted at least once every two weeks and immediately following any significant storm event, including snowmelt that can cause surface erosion and at least every 30 days for inactive projects. The inspection must determine if there is any evidence of, or the potential for, pollutants entering the drainage system. BMPs should be inspected to see if they meet the design and operation criteria in the SWMP and that they are adequately controlling potential pollutants. Any defects shall be corrected promptly. Where spill kits have been used, or storage areas moved, supplies shall be restocked and re- protected. The site shall be inspected by the SWMP administrator or someone with adequate training who should monitor and follow the procedures outlined below: 3.2 Minimum Monitoring and Requirements  Inspections of the site shall be conducted by the contractor (or agent) every two weeks and after significant storm events.  Inspections are required at least every 30 days and after measurable storm events for sites that are no longer under construction, but do not have 70% established ground cover.  A qualified superintendent familiar with this SWMP and BMPs shall perform the inspections.  The contractor shall certify that the site is in compliance with the permit by:  Ensuring areas where significant runoff is occurring are identified on the site map  Storm water outfall shall be observed to determine whether or not measurable quantities of sediment or other pollutants have been or are being transported offsite.  BMPs shall be addressed to determine if they are functioning properly or if they are in need of repair or maintenance. If the report describes deficiencies in pollution control structures or procedures, such deficiencies shall be corrected immediately  A brief description of measures taken to correct deficiencies shall be recorded.  Determine if additional controls will be needed to next week’s activities.  When an inspection does not identify any incidents of non-compliance, the report shall contain a certification that the site is in compliance with the SWMP and this permit.  The date and inspector identity shall also be recorded. This record shall be signed made available to the State or City upon request. Based on the results of the inspection, the description of potential pollutant sources, and the control measures used should be updated on the SWMP and Site Maps as soon as possible. Typically corrective action shall commence immediately when a deficiency is observed. SWMP and Map updates shall be completed within 72 hours. Another inspection should follow up and include the date, corrective action taken, and initials of who certified the work. 3.3 Reporting Requirements/ Inspection Reports The Contractor is responsible for reporting of all BMP inspections and maintaining records of reports and maps throughout the project. The record shall be retained onsite and/or readily available until the inactivation notice has been filed. All inspection reports shall be submitted to the owner when the permit becomes inactive. A recommended/example inspection is included in Appendix E. At a minimum, the Page 15 inspection reports shall contain the following:  Dates  Name(s) of inspectors  Purpose of inspection e.g. spill event, leakage of materials, storm event, bi- weekly inspection, etc.  When a bi-weekly report, an assessment of the entire property as related to SWMP issues  An estimated area of currently disturbed area.  Evaluation of all active BMPs  Actions needed to assure continued compliance with SWMP guidelines  Document all areas of potential pollution sources and how they are protected  Documentation of any needed changes  Training events  Uncontrolled releases of mud or muddy water or measureable amounts of sediment  An estimated amount of precipitation. An onsite rain gauge is suggested. 3.4 Site Maps In the back pocket of this report notebook there are three drawings for use during construction. The purpose of the maps is to provide the contractor a place to document and plan BMP’s used during construction. Because the placement of individual BMP’s will depend on the condition of the site and the contractor’s judgment, not all BMP’s are shown on the plans. It is the contractor’s duty as site administrator to determine the need for and placement of BMPs and mark them on the maps. The maps are provided in 3 phases. The first map is intended to be used to document erosion control measures that are placed prior to any significant site disturbances. The second map shows is to be used during mass grading, utility installation, building construction, and other site improvements. The third map provides a location to mark areas that have received final stabilization and are no longer within the area of disturbance. 4.0 Final Stabilization/ Conclusion Permanent stabilization will be achieved by establishing vegetative or permanent surface cover on all disturbed areas. The final vegetative cover will be specified on the landscape plan. Vegetative cover is considered complete when 70 percent of the pre-disturbance plant density is restored. In cases where the site was already disturbed, a plowed farm field for example, the pre-disturbance density will be the naturally occurring cover on non-plowed areas. The General Contractor shall remove all temporary erosion and sediment control BMPs after stabilization is achieved or after temporary BMPs are no longer needed. Trapped sediment will be removed by the General Contractor or stabilized onsite. Disturbed soil areas resulting from removal of BMPs or the General Contractor will permanently stabilize vegetation as soon as possible. Again this plan is a living document that will need to be updated and maintained throughout the construction process and until all areas of the site have been stabilized. This permit will Page 16 remain active until an inactivation notice has been filed with the State. Additionally, this permit may be transferred to another party in the event that the contractor or sub-contractor responsible for its implementation leaves the site before stabilization has occurred. The Inactivation Notice and Reassignment Notices are included in Appendix F. 5.0 References 1. CDOT Erosion Control and Storm water Quality Guide, Colorado Department of Transportation, 2002 2. Urban Storm Drainage Criteria Manual, Urban Drainage and Flood Control District (Rev. July, 2001) 3. Storm Water Risk Management, LLC; April 11, 2008; Pre-Construction & Engineering Training for Construction Storm water Management Manual. 4. Construction Site Storm Water Runoff Control – National Menu of best practices, U.S. Environmental Protection Agency, 1999 APPENDIX A CDPHE General Permit for Storm Water Discharge – Construction Activity Page 2 of 22 Permit No. COR-030000 CDPS GENERAL PERMIT STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY AUTHORIZATION TO DISCHARGE UNDER THE COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., CRS, 1973 as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the "Act"), this permit authorizes the discharge of stormwater associated with construction activities (and specific allowable non-stormwater discharges in accordance with Part I.D.3 of the permit) certified under this permit, from those locations specified throughout the State of Colorado to specified waters of the State. Such discharges shall be in accordance with the conditions of this permit. This permit specifically authorizes the facility listed on page 1 of this permit to discharge, as of this date, in accordance with permit requirements and conditions set forth in Parts I and II hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit. This permit and the authorization to discharge shall expire at midnight, June 30, 2012. Issued and Signed this 31st day of May, 2007 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Janet S. Kieler Permits Section Manager Water Quality Control Division SIGNED AND ISSUED MAY 31, 2007 EFFECTIVE JULY 1, 2007 TABLE OF CONTENTS PART I A. COVERAGE UNDER THIS PERMIT ....................................................................................................................................... 3 1. Authority to Discharge ............................................................................................................................................. 3 a) Applicable Sections................................................................................................................................. 3 b) Oil and Gas Construction ........................................................................................................................ 3 2. Definitions................................................................................................................................................................ 3 3. Permit Coverage Without Application – Qualifying Local Programs...................................................................... 3 a) Applicable Sections................................................................................................................................. 3 b) Local Agency Authority.......................................................................................................................... 4 c) Permit Coverage Termination ................................................................................................................. 4 d) Compliance with Qualifying Local Program .......................................................................................... 4 e) Full Permit Applicability......................................................................................................................... 4 4. Application, Due Dates ............................................................................................................................................ 4 a) Application Due Dates ............................................................................................................................ 4 b) Summary of Application ......................................................................................................................... 4 5. Permit Certification Procedures ............................................................................................................................... 4 a) Request for Additional Information ........................................................................................................ 4 b) Automatic Coverage................................................................................................................................ 5 c) Individual Permit Required ..................................................................................................................... 5 d) General vs. Individual Permit Coverage ................................................................................................. 5 e) Local Agency Authority.......................................................................................................................... 5 6. Inactivation Notice ................................................................................................................................................... 5 7. Transfer of Permit ..................................................................................................................................................... 5 8. Reassignment of Permit............................................................................................................................................ 5 9. Sale of Residence to Homeowners........................................................................................................................... 6 10. Permit Expiration Date............................................................................................................................................. 6 11. Individual Permit Criteria......................................................................................................................................... 6 B. STORMWATER MANAGEMENT PLAN – GENERAL REQUIREMENTS ........................................................................... 6 C. STORMWATER MANAGEMENT PLAN – CONTENTS......................................................................................................... 7 1. Site Description........................................................................................................................................................ 7 2. Site Map ................................................................................................................................................................... 7 3. Stormwater Management Controls........................................................................................................................... 8 a) SWMP Administrator............................................................................................................................... 8 b) Identification of Potential Pollutant Sources............................................................................................ 8 c) Best Management Practices (BMPs) for Stormwater Pollution Prevention. ........................................... 8 4. Final Stabilization and Long-term Stormwater Management.................................................................................... 9 5. Inspection and Maintenance................................................................................................................................... 10 D. TERMS AND CONDITIONS................................................................................................................................................... 10 1. General Limitations................................................................................................................................................ 10 2. BMP Implementation and Design Standards.......................................................................................................... 10 3. Prohibition of Non-Stormwater Discharges ........................................................................................................... 11 4. Releases in Excess of Reportable Quantities.......................................................................................................... 11 5. SWMP Requirements............................................................................................................................................. 11 a) SWMP Preparation and Implementation............................................................................................... 11 b) SWMP Retention Requirements ........................................................................................................... 11 c) SWMP Review/Changes....................................................................................................................... 11 d) Responsive SWMP Changes................................................................................................................. 12 6. Inspections............................................................................................................................................................... 12 a) Minimum Inspection Schedule............................................................................................................... 12 b) Inspection Requirements........................................................................................................................ 13 c) Required Actions Following Site Inspections ........................................................................................ 13 7. BMP Maintenance .................................................................................................................................................. 13 8. Replacement and Failed BMPs ............................................................................................................................... 14 9. Reporting................................................................................................................................................................. 14 -2a- TABLE OF CONTENTS (cont.) 10. SWMP Availability ................................................................................................................................................. 14 11. Total Maximum Daily Load (TMDL)..................................................................................................................... 14 E. ADDITIONAL DEFINITIONS.................................................................................................................................................. 15 F. GENERAL REQUIREMENTS.................................................................................................................................................. 16 1. Signatory Requirements .......................................................................................................................................... 16 2. Retention of Records............................................................................................................................................... 16 3. Monitoring............................................................................................................................................................... 16 PART II A. MANAGEMENT REQUIREMENTS........................................................................................................................................ 17 1. Amending a Permit Certification............................................................................................................................. 17 2. Special Notifications - Definitions .......................................................................................................................... 17 3. Noncompliance Notification ................................................................................................................................... 17 4. Submission of Incorrect or Incomplete Information ............................................................................................... 18 5. Bypass ..................................................................................................................................................................... 18 6. Upsets ..................................................................................................................................................................... 18 7. Removed Substances............................................................................................................................................... 18 8. Minimization of Adverse Impact............................................................................................................................. 18 9. Reduction, Loss, or Failure of Stormwater Controls............................................................................................... 19 10. Proper Operation and Maintenance......................................................................................................................... 19 B. RESPONSIBILITIES ................................................................................................................................................................. 19 1. Inspections and Right to Entry ................................................................................................................................ 19 2. Duty to Provide Information ................................................................................................................................... 19 3. Transfer of Ownership or Control ........................................................................................................................... 19 4. Modification, Suspension, or Revocation of Permit By Division ........................................................................... 20 5. Permit Violations..................................................................................................................................................... 21 6. Legal Responsibilities ............................................................................................................................................. 21 7. Severability ............................................................................................................................................................. 21 8. Renewal Application ............................................................................................................................................... 21 9. Confidentiality......................................................................................................................................................... 21 10. Fees ......................................................................................................................................................................... 21 11. Requiring an Individual CDPS Permit .................................................................................................................... 22 -2b- PART I Permit - Page 3 Permit No. COR-030000 PART I A. COVERAGE UNDER THIS PERMIT 1. Authority to Discharge Under this permit, facilities are granted authorization to discharge stormwater associated with construction activities into waters of the state of Colorado. This permit also authorizes the discharge of specific allowable non-stormwater discharges, in accordance with Part I.D.3 of the permit, which includes discharges to the ground. This includes stormwater discharges from areas that are dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction site (i.e., borrow or fill areas). This permit also authorizes stormwater discharges from dedicated asphalt batch plants and dedicated concrete batch plants. (Coverage under the construction site permit is not required for batch plants if they have alternate CDPS permit coverage.) This permit does not authorize the discharge of mine water or process water from such areas. a) Applicable Sections: In accordance with Part I.A.3 of this permit, some parts of this permit do not apply to sites covered under a Qualifying Local Program, as defined in I.A.2.d. For sites not covered by a Qualifying Local Program, all parts of the permit apply except Part I.A.3. The permittee will be responsible for determining and then complying with the applicable sections. b) Oil and Gas Construction: Stormwater discharges associated with construction activities directly related to oil and gas exploration, production, processing, and treatment operations or transmission facilities are regulated under the Colorado Discharge Permit System Regulations (5CCR 1002-61), and require coverage under this permit in accordance with that regulation. However, references in this permit to specific authority under the Federal Clean Water Act (CWA) do not apply to stormwater discharges associated with these oil and gas related construction activities, to the extent that the references are limited by the federal Energy Policy Act of 2005. 2. Definitions a) Stormwater: Stormwater is precipitation-induced surface runoff. b) Construction activity: Construction activity refers to ground surface disturbing activities, which include, but are not limited to, clearing, grading, excavation, demolition, installation of new or improved haul roads and access roads, staging areas, stockpiling of fill materials, and borrow areas. Construction does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility. c) Small construction activity: Stormwater discharge associated with small construction activity means the discharge of stormwater from construction activities that result in land disturbance of equal to or greater than one acre and less than five acres. Small construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale, if the larger common plan will ultimately disturb equal to or greater than one and less than five acres. d) Qualifying Local Program: This permit includes conditions that incorporate qualifying local erosion and sediment control program (Qualifying Local Program) requirements by reference. A Qualifying Local Program is a municipal stormwater program for stormwater discharges associated with small construction activity that has been formally approved by the Division. Other Definitions: Definitions of additional terms can be found in Part I.E. of this permit. 3. Permit Coverage Without Application – for small construction activities under a Qualifying Local Program only If a small construction site is within the jurisdiction of a Qualifying Local Program, the operator of the construction activity is authorized to discharge stormwater associated with small construction activity under this general permit without the submittal of an application to the Division. a) Applicable Sections: For sites covered by a Qualifying Local Program, only Parts 1.A.1, 1.A.2, 1.A.3, I.D.1, I.D.2, I.D.3, I.D.4, I.D.7, I.D.8, I.D.11, I.E and Part II of this permit, with the exception of Parts II.A.1, II.B.3, II.B.8, and II.B10, apply. PART I Permit - Page 4 Permit No. COR-030000 A. COVERAGE UNDER THIS PERMIT (cont.) b) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit, restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. c) Permit Coverage Termination: When a site under a Qualifying Local Program has been finally stabilized, coverage under this permit is automatically terminated. d) Compliance with Qualifying Local Program: A construction site operator that has authorization to discharge under this permit under Part I.A.3 shall comply with the requirements of the Qualifying Local Program with jurisdiction over the site. e) Full Permit Applicability: The Division may require any operator within the jurisdiction of a Qualifying Local Program covered under this permit to apply for and obtain coverage under the full requirements of this permit. The operator must be notified in writing that an application for full coverage is required. When a permit certification under this permit is issued to an operator that would otherwise be covered under Part I.A.3 of this permit, the full requirements of this permit replace the requirements as per Part I.A.3 of this permit, upon the effective date of the permit certification. A site brought under the full requirements of this permit must still comply with local stormwater management requirements, policies or guidelines as required by Part I.D.1.g of this permit. 4. Application, Due Dates a) Application Due Dates: At least ten calendar days prior to the commencement of construction activities, the applicant shall submit an application form as provided by the Division, with a certification that the Stormwater Management Plan (SWMP) is complete. One original completed discharge permit application shall be submitted, by mail or hand delivery, to: Colorado Department of Public Health and Environment Water Quality Control Division WQCD-Permits-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 b) Summary of Application: The application requires, at a minimum, the following: 1) The applicant’s company name; address; telephone number; and email address (if available); whether the applicant is the owner, developer, or contractor; and local contact information; 2) Project name, address, county and location of the construction site, including the latitude and longitude to the nearest 15 seconds of the approximate center of the construction activity; 3) Legal description or map of the construction site; 4) Estimates of: the total area of the site, the area of the site that is expected to be disturbed, and the total area of the larger common plan of development or sale to undergo disturbance; 5) The nature of the construction activity; 6) The anticipated start date and final stabilization date for the project; 7) The name of the receiving water(s), or the municipal separate storm sewer system and the ultimate (i.e., named) receiving water(s); 8) Certification that the SWMP for the construction site is complete (see Part I.C. below); and 9) The signature of the applicant, signed in accordance with Part I.F.1 of this permit. 5. Permit Certification Procedures If this general permit is appropriate for the applicant's operation, then a certification will be developed and the applicant will be authorized to discharge stormwater under this general permit. a) Request for Additional Information: The Division shall have up to ten calendar days after receipt of the above information to request additional data and/or deny the authorization for any particular discharge. Upon receipt of additional information, the Division shall have an additional ten calendar days to issue or deny authorization for the particular discharge. (Notification of denial shall be by letter, in cases where coverage under an alternate general permit or an individual permit is required, instead of coverage under this permit.) PART I Permit - Page 5 Permit No. COR-030000 A. COVERAGE UNDER THIS PERMIT (cont.) b) Automatic Coverage: If the applicant does not receive a request for additional information or a notification of denial from the Division dated within ten calendar days of receipt of the application by the Division, authorization to discharge in accordance with the conditions of this permit shall be deemed granted. c) Individual Permit Required: If, after evaluation of the application (or additional information, such as the SWMP), it is found that this general permit is not appropriate for the operation, then the application will be processed as one for an individual permit. The applicant will be notified of the Division's decision to deny certification under this general permit. For an individual permit, additional information may be requested, and 180 days may be required to process the application and issue the permit. At the Division’s discretion, temporary coverage under this general permit may be allowed until the individual permit goes into effect. d) General vs. Individual Permit Coverage: Any permittee authorized by this permit may request to be excluded from the coverage of this permit by applying for an individual CDPS permit. The permittee shall submit an individual application, with reasons supporting the request, to the Division at least 180 days prior to any discharge. e) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit, restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. 6. Inactivation Notice When a site has been finally stabilized in accordance with the SWMP, the permittee must submit an Inactivation Notice form that is signed in accordance with Part I.F.1. of this permit. The Inactivation Notice form is available from the Division and includes: a) Permit certification number; b) The permittee's name, address, telephone number; c) Name, location, and county for the construction site for which the inactivation notice is being submitted; and d) Certification that the site has been finally stabilized, and a description of the final stabilization method(s). 7. Transfer of Permit When responsibility for stormwater discharges at a construction site changes from one entity to another, the permittee shall submit a completed Notice of Transfer and Acceptance of Terms form that is signed in accordance with Part I.F.1. of this permit. The Notice of Transfer form is available from the Division and includes: a) Permit certification number; b) Name, location, and county for the construction site for which the Notice of Transfer is being submitted; c) Identifying information for the new permittee; d) Identifying information for the current permittee; and e) Effective date of transfer. If the new responsible party will not complete the transfer form, the permit may be inactivated upon written request to the Division and completion of the Inactivation Notice if the permittee has no legal responsibility, through ownership or contract, for the construction activities at the site. In this case, the new owner or operator would be required to obtain permit coverage separately. 8. Reassignment of Permit When a permittee no longer has control of a specific portion of a permitted site, and wishes to transfer coverage of that portion of the site to a second party, the permittee shall submit a completed Notice of Reassignment of Permit Coverage form that is signed in accordance with Part I.F.1. of this permit. The Notice of Reassignment of Permit Coverage form is available from the Division and includes: a) Current permit certification number; b) Identifying information and certification as required by Part I.A.4.b for the new permittee; c) Identifying information for the current permittee, revised site information and certification for reassignment; and d) Effective date of reassignment. PART I Permit - Page 6 Permit No. COR-030000 A. COVERAGE UNDER THIS PERMIT (cont.) If the new responsible party will not complete the reassignment form, the applicable portion of the permitted site may be removed from permit coverage upon written request to the Division if the permittee has no legal responsibility, through ownership or contract, for the construction activities at the portion of the site. In this case, the new owner or operator would be required to obtain permit coverage separately. 9. Sale of Residence to Homeowners For residential construction only, when a residential lot has been conveyed to a homeowner and all criteria in paragraphs a through e, below, are met, coverage under this permit is no longer required and the conveyed lot may be removed from coverage under the permittee’s certification. At such time, the permittee is no longer responsible for meeting the terms and conditions of this permit for the conveyed lot, including the requirement to transfer or reassign permit coverage. The permittee remains responsible for inactivation of the original certification. a) The lot has been sold to the homeowner(s) for private residential use; b) the lot is less than one acre of disturbed area; c) all construction activity conducted by the permittee on the lot is completed; d) a certificate of occupancy (or equivalent) has been awarded to the home owner; and e) the SWMP has been amended to indicate the lot is no longer covered by permit. Lots not meeting all of the above criteria require continued permit coverage. However, this permit coverage may be transferred (Part I.A.7, above) or reassigned (Part I.A.8, above) to a new owner or operator. 10. Permit Expiration Date Authorization to discharge under this general permit shall expire on June 30, 2012. The Division must evaluate and reissue this general permit at least once every five years and must recertify the permittee's authority to discharge under the general permit at such time. Therefore, a permittee desiring continued coverage under the general permit must reapply by March 31, 2012. The Division will initiate the renewal process; however, it is ultimately the permittee’s responsibility to ensure that the renewal is submitted. The Division will determine if the permittee may continue to operate under the terms of the general permit. An individual permit may be required for any facility not reauthorized to discharge under the reissued general permit. 11. Individual Permit Criteria Various criteria can be used in evaluating whether or not an individual (or alternate general) permit is required instead of this general permit. This information may come from the application, SWMP, or additional information as requested by the Division, and includes, but is not limited to, the following: a) the quality of the receiving waters (i.e., the presence of downstream drinking water intakes or a high quality fishery, or for preservation of high quality water); b) the size of the construction site; c) evidence of noncompliance under a previous permit for the operation; d) the use of chemicals within the stormwater system; or e) discharges of pollutants of concern to waters for which there is an established Total Maximum Daily Load (TMDL). In addition, an individual permit may be required when the Division has shown or has reason to suspect that the stormwater discharge may contribute to a violation of a water quality standard. B. STORMWATER MANAGEMENT PLAN (SWMP) – GENERAL REQUIREMENTS 1. A SWMP shall be developed for each facility covered by this permit. The SWMP shall be prepared in accordance with good engineering, hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.) PART I Permit - Page 7 Permit No. COR-030000 B. STORMWATER MANAGEMENT PLAN (SWMP) – GENERAL REQUIREMENTS (cont.) 2. The SWMP shall: a) Identify all potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges associated with construction activity from the facility; b) Describe the practices to be used to reduce the pollutants in stormwater discharges associated with construction activity at the facility; and ensure the practices are selected and described in accordance with good engineering practices, including the installation, implementation and maintenance requirements; and c) Be properly prepared, and updated in accordance with Part I.D.5.c, to ensure compliance with the terms and conditions of this permit. 3. Facilities must implement the provisions of the SWMP as written and updated, from commencement of construction activity until final stabilization is complete, as a condition of this permit. The Division reserves the right to review the SWMP, and to require the permittee to develop and implement additional measures to prevent and control pollution as needed. 4. The SWMP may reflect requirements for Spill Prevention Control and Countermeasure (SPCC) plans under section 311 of the CWA, or Best Management Practices (BMPs) Programs otherwise required by a separate CDPS permit, and may incorporate any part of such plans into the SWMP by reference, provided that the relevant sections of such plans are available as part of the SWMP consistent with Part I.D.5.b. 5. For any sites with permit coverage before June 30, 2007, the permittee’s SMWP must meet the new SWMP requirements as summarized in Section II.I of the rationale. Any needed changes must be made by October 1, 2007. C. STORMWATER MANAGEMENT PLAN (SWMP) – CONTENTS The SWMP shall include the following items, at a minimum. 1. Site Description. The SWMP shall clearly describe the construction activity, to include: a) The nature of the construction activity at the site. b) The proposed sequence for major activities. c) Estimates of the total area of the site, and the area and location expected to be disturbed by clearing, excavation, grading, or other construction activities. d) A summary of any existing data used in the development of the site construction plans or SWMP that describe the soil or existing potential for soil erosion. e) A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover. f) The location and description of all potential pollution sources, including ground surface disturbing activities (see Part I.A.2.b), vehicle fueling, storage of fertilizers or chemicals, etc. g) The location and description of any anticipated allowable sources of non-stormwater discharge at the site, e.g., uncontaminated springs, landscape irrigation return flow, construction dewatering, and concrete washout. h) The name of the receiving water(s) and the size, type and location of any outfall(s). If the stormwater discharge is to a municipal separate storm sewer system, the name of that system, the location of the storm sewer discharge, and the ultimate receiving water(s). 2. Site Map. The SWMP shall include a legible site map(s), showing the entire site, identifying: a) construction site boundaries; b) all areas of ground surface disturbance; c) areas of cut and fill; d) areas used for storage of building materials, equipment, soil, or waste; e) locations of dedicated asphalt or concrete batch plants; f) locations of all structural BMPs; g) locations of non-structural BMPs as applicable; and h) locations of springs, streams, wetlands and other surface waters. PART I Permit - Page 8 Permit No. COR-030000 C. STORMWATER MANAGEMENT PLAN (SWMP) – CONTENTS (cont.) 3. Stormwater Management Controls. The SWMP must include a description of all stormwater management controls that will be implemented as part of the construction activity to control pollutants in stormwater discharges. The appropriateness and priorities of stormwater management controls in the SWMP shall reflect the potential pollutant sources identified at the facility. The description of stormwater management controls shall address the following components, at a minimum: a) SWMP Administrator - The SWMP shall identify a specific individual(s), position or title who is responsible for developing, implementing, maintaining, and revising the SWMP. The activities and responsibilities of the administrator shall address all aspects of the facility’s SWMP. b) Identification of Potential Pollutant Sources - All potential pollutant sources, including materials and activities, at a site must be evaluated for the potential to contribute pollutants to stormwater discharges. The SWMP shall identify and describe those sources determined to have the potential to contribute pollutants to stormwater discharges, and the sources must be controlled through BMP selection and implementation, as required in paragraph (c), below. At a minimum, each of the following sources and activities shall be evaluated for the potential to contribute pollutants to stormwater discharges, and identified in the SWMP if found to have such potential: 1) all disturbed and stored soils; 2) vehicle tracking of sediments; 3) management of contaminated soils; 4) loading and unloading operations; 5) outdoor storage activities (building materials, fertilizers, chemicals, etc.); 6) vehicle and equipment maintenance and fueling; 7) significant dust or particulate generating processes; 8) routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc.; 9) on-site waste management practices (waste piles, liquid wastes, dumpsters, etc.); 10) concrete truck/equipment washing, including the concrete truck chute and associated fixtures and equipment; 11) dedicated asphalt and concrete batch plants; 12) non-industrial waste sources such as worker trash and portable toilets; and 13) other areas or procedures where potential spills can occur. c) Best Management Practices (BMPs) for Stormwater Pollution Prevention - The SWMP shall identify and describe appropriate BMPs, including, but not limited to, those required by paragraphs 1 through 8 below, that will be implemented at the facility to reduce the potential of the sources identified in Part I.C.3.b to contribute pollutants to stormwater discharges. The SWMP shall clearly describe the installation and implementation specifications for each BMP identified in the SWMP to ensure proper implementation, operation and maintenance of the BMP. 1) Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate all structural practices implemented at the site to minimize erosion and sediment transport. Practices may include, but are not limited to: straw bales, wattles/sediment control logs, silt fences, earth dikes, drainage swales, sediment traps, subsurface drains, pipe slope drains, inlet protection, outlet protection, gabions, and temporary or permanent sediment basins. 2) Non-Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate, as applicable, all non-structural practices implemented at the site to minimize erosion and sediment transport. Description must include interim and permanent stabilization practices, and site-specific scheduling for implementation of the practices. The SWMP should include practices to ensure that existing vegetation is preserved where possible. Non-structural practices may include, but are not limited to: temporary vegetation, permanent vegetation, mulching, geotextiles, sod stabilization, slope roughening, vegetative buffer strips, protection of trees, and preservation of mature vegetation. PART I Permit - Page 9 Permit No. COR-030000 C. STORMWATER MANAGEMENT PLAN (SWMP) – CONTENTS (cont.) 3) Phased BMP Implementation. The SWMP shall clearly describe the relationship between the phases of construction, and the implementation and maintenance of both structural and non-structural stormwater management controls. The SWMP must identify the stormwater management controls to be implemented during the project phases, which can include, but are not limited to, clearing and grubbing; road construction; utility and infrastructure installation; vertical construction; final grading; and final stabilization. 4) Materials Handling and Spill Prevention. The SWMP shall clearly describe and locate all practices implemented at the site to minimize impacts from procedures or significant materials (see definitions at Part I.E.) that could contribute pollutants to runoff. Such procedures or significant materials could include: exposed storage of building materials; paints and solvents; fertilizers or chemicals; waste material; and equipment maintenance or fueling procedures. Areas or procedures where potential spills can occur must have spill prevention and response procedures identified in the SWMP. 5) Dedicated Concrete or Asphalt Batch Plants. The SWMP shall clearly describe and locate all practices implemented at the site to control stormwater pollution from dedicated concrete batch plants or dedicated asphalt batch plants covered by this certification. 6) Vehicle Tracking Control. The SWMP shall clearly describe and locate all practices implemented at the site to control potential sediment discharges from vehicle tracking. Practices must be implemented for all areas of potential vehicle tracking, and can include: minimizing site access; street sweeping or scraping; tracking pads; graveled parking areas; requiring that vehicles stay on paved areas on-site; wash racks; contractor education; and/or sediment control BMPs, etc. 7) Waste Management and Disposal, Including Concrete Washout. i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater pollution from all construction site wastes (liquid and solid), including concrete washout activities. ii) The practices used for concrete washout must ensure that these activities do not result in the contribution of pollutants associated with the washing activity to stormwater runoff. iii) Part I.D.3.c of the permit authorizes the conditional discharge of concrete washout water to the ground. The SWMP shall clearly describe and locate the practices to be used that will ensure that no washout water from concrete washout activities is discharged from the site as surface runoff or to surface waters. 8) Groundwater and Stormwater Dewatering. i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater pollution from the dewatering of groundwater or stormwater from excavations, wells, etc. ii) Part I.D.3.d of the permit authorizes the conditional discharge of construction dewatering to the ground. For any construction dewatering of groundwater not authorized under a separate CDPS discharge permit, the SWMP shall clearly describe and locate the practices to be used that will ensure that no groundwater from construction dewatering is discharged from the site as surface runoff or to surface waters. 4. Final Stabilization and Long-term Stormwater Management a) The SWMP shall clearly describe the practices used to achieve final stabilization of all disturbed areas at the site, and any planned practices to control pollutants in stormwater discharges that will occur after construction operations have been completed at the site. b) Final stabilization practices for obtaining a vegetative cover should include, as appropriate: seed mix selection and application methods; soil preparation and amendments; soil stabilization practices (e.g., crimped straw, hydro mulch or rolled erosion control products); and appropriate sediment control BMPs as needed until final stabilization is achieved; etc. PART I Permit - Page 10 Permit No. COR-030000 C. STORMWATER MANAGEMENT PLAN (SWMP) – CONTENTS (cont.) c) Final stabilization is reached when all ground surface disturbing activities at the site have been completed, and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre- disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. The Division may, after consultation with the permittee and upon good cause, amend the final stabilization criteria in this section for specific operations. 5. Inspection and Maintenance Part I.D.6 of the permit includes requirements for site inspections. Part I.D.7 of the permit includes requirements for BMP maintenance. The SWMP shall clearly describe the inspection and maintenance procedures implemented at the site to maintain all erosion and sediment control practices and other protective practices identified in the SWMP, in good and effective operating condition. D. TERMS AND CONDITIONS 1. General Limitations The following limitations shall apply to all discharges covered by this permit: a) Stormwater discharges from construction activities shall not cause, have the reasonable potential to cause, or measurably contribute to an exceedance of any water quality standard, including narrative standards for water quality. b) Concrete washout water shall not be discharged to state surface waters or to storm sewer systems. On-site permanent disposal of concrete washout waste is not authorized by this permit. Discharge to the ground of concrete washout waste that will subsequently be disposed of off-site is authorized by this permit. See Part I.D.3.c of the permit. c) Bulk storage structures for petroleum products and any other chemicals shall have secondary containment or equivalent adequate protection so as to contain all spills and prevent any spilled material from entering State waters. d) No chemicals are to be added to the discharge unless permission for the use of a specific chemical is granted by the Division. In granting the use of such chemicals, special conditions and monitoring may be addressed by separate correspondence. e) The Division reserves the right to require sampling and testing, on a case-by-case basis, in the event that there is reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in removing pollutants in the effluent. Such monitoring may include Whole Effluent Toxicity testing. f) All site wastes must be properly managed to prevent potential pollution of State waters. This permit does not authorize on-site waste disposal. g) All dischargers must comply with the lawful requirements of federal agencies, municipalities, counties, drainage districts and other local agencies regarding any discharges of stormwater to storm drain systems or other water courses under their jurisdiction, including applicable requirements in municipal stormwater management programs developed to comply with CDPS permits. Dischargers must comply with local stormwater management requirements, policies or guidelines including erosion and sediment control. 2. BMP Implementation and Design Standards Facilities must select, install, implement, and maintain appropriate BMPs, following good engineering, hydrologic and pollution control practices. BMPs implemented at the site must be adequately designed to provide control for all potential pollutant sources associated with construction activity to prevent pollution or degradation of State waters. PART I Permit - Page 11 Permit No. COR-030000 D. TERMS AND CONDITIONS (cont.) 3. Prohibition of Non-Stormwater Discharges a) Except as provided in paragraphs b, c, and d below, all discharges covered by this permit shall be composed entirely of stormwater associated with construction activity. Discharges of material other than stormwater must be addressed in a separate CDPS permit issued for that discharge. b) Discharges from the following sources that are combined with stormwater discharges associated with construction activity may be authorized by this permit, provided that the non-stormwater component of the discharge is identified in the SWMP (see Part I.C.1.g of this permit): - emergency fire fighting activities - landscape irrigation return flow - uncontaminated springs c) Discharges to the ground of concrete washout water from washing of tools and concrete mixer chutes may be authorized by this permit, provided that: 1) the source is identified in the SWMP; 2) BMPs are included in the SWMP in accordance with Part I.C.3(c)(7) and to prevent pollution of groundwater in violation of Part I.D.1.a; and 3) these discharges do not leave the site as surface runoff or to surface waters d) Discharges to the ground of water from construction dewatering activities may be authorized by this permit, provided that: 1) the source is groundwater and/or groundwater combined with stormwater that does not contain pollutants in concentrations exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42; 2) the source is identified in the SWMP; 3) BMPs are included in the SWMP, as required by Part I.C.3(c)(8); and 4) these discharges do not leave the site as surface runoff or to surface waters. Discharges to the ground from construction dewatering activities that do not meet the above criteria must be covered under a separate CDPS discharge permit. Contaminated groundwater requiring coverage under a separate CDPS discharge permit may include groundwater contaminated with pollutants from a landfill, mining activity, industrial pollutant plume, underground storage tank, or other source. 4. Releases in Excess of Reportable Quantities This permit does not relieve the permittee of the reporting requirements of 40 CFR 110, 40 CFR 117 or 40 CFR 302. Any discharge of hazardous material must be handled in accordance with the Division's Noncompliance Notification Requirements (see Part II.A.3 of the permit). 5. SWMP Requirements a) SWMP Preparation and Implementation: The SWMP shall be prepared prior to applying for coverage under the general permit, and certification of its completion submitted with the application. The SWMP shall be implemented prior to commencement of construction activities. The plan shall be updated as appropriate (see paragraph c, below), below). SWMP provisions shall be implemented until expiration or inactivation of permit coverage. b) SWMP Retention Requirements: A copy of the SWMP must be retained on site unless another location, specified by the permittee, is approved by the Division. c) SWMP Review/Changes: The permittee shall amend the SWMP: 1) when there is a change in design, construction, operation, or maintenance of the site, which would require the implementation of new or revised BMPs; or 2) if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity; or PART I Permit - Page 12 Permit No. COR-030000 D. TERMS AND CONDITIONS (cont.) 3) when BMPs are no longer necessary and are removed. SWMP changes shall be made prior to changes in the site conditions, except as allowed for in paragraph d, below. SWMP revisions may include, but are not limited to: potential pollutant source identification; selection of appropriate BMPs for site conditions; BMP maintenance procedures; and interim and final stabilization practices. The SWMP changes may include a schedule for further BMP design and implementation, provided that, if any interim BMPs are needed to comply with the permit, they are also included in the SWMP and implemented during the interim period. d) Responsive SWMP Changes: SWMP changes addressing BMP installation and/or implementation are often required to be made in response to changing conditions, or when current BMPs are determined ineffective. The majority of SWMP revisions to address these changes can be made immediately with quick in-the-field revisions to the SWMP. In the less common scenario where more complex development of materials to modify the SWMP is necessary, SWMP revisions shall be made in accordance with the following requirements: 1) the SWMP shall be revised as soon as practicable, but in no case more than 72 hours after the change(s) in BMP installation and/or implementation occur at the site, and 2) a notation must be included in the SWMP prior to the site change(s) that includes the time and date of the change(s) in the field, an identification of the BMP(s) removed or added, and the location(s) of those BMP(s). 6. Inspections Site inspections must be conducted in accordance with the following requirements and minimum schedules. The required minimum inspection schedules do not reduce or eliminate the permittee’s responsibility to implement and maintain BMPs in good and effective operational condition, and in accordance with the SWMP, which could require more frequent inspections. a) Minimum Inspection Schedule: The permittee shall, at a minimum, make a thorough inspection, in accordance with the requirements in I.D.6.b below, at least once every 14 calendar days. Also, post-storm event inspections must be conducted within 24 hours after the end of any precipitation or snowmelt event that causes surface erosion. Provided the timing is appropriate, the post-storm inspections may be used to fulfill the 14-day routine inspection requirement. A more frequent inspection schedule than the minimum inspections described may be necessary, to ensure that BMPs continue to operate as needed to comply with the permit. The following conditional modifications to this Minimum Inspection Schedule are allowed: 1) Post-Storm Event Inspections at Temporarily Idle Sites – If no construction activities will occur following a storm event, post-storm event inspections shall be conducted prior to re-commencing construction activities, but no later than 72 hours following the storm event. The occurrence of any such delayed inspection must be documented in the inspection record. Routine inspections still must be conducted at least every 14 calendar days. 2) Inspections at Completed Sites/Areas – For sites or portions of sites that meet the following criteria, but final stabilization has not been achieved due to a vegetative cover that has not become established, the permittee shall make a thorough inspection of their stormwater management system at least once every month, and post- storm event inspections are not required. This reduced inspection schedule is only allowed if: i) all construction activities that will result in surface ground disturbance are completed; ii) all activities required for final stabilization, in accordance with the SWMP, have been completed, with the exception of the application of seed that has not occurred due to seasonal conditions or the necessity for additional seed application to augment previous efforts; and iii) the SWMP has been amended to indicate those areas that will be inspected in accordance with the reduced schedule allowed for in this paragraph. PART I Permit - Page 13 Permit No. COR-030000 D. TERMS AND CONDITIONS (cont.) 3) Winter Conditions Inspections Exclusion – Inspections are not required at sites where construction activities are temporarily halted, snow cover exists over the entire site for an extended period, and melting conditions posing a risk of surface erosion do not exist. This exception is applicable only during the period where melting conditions do not exist, and applies to the routine 14-day and monthly inspections, as well as the post-storm- event inspections. The following information must be documented in the inspection record for use of this exclusion: dates when snow cover occurred, date when construction activities ceased, and date melting conditions began. Inspections, as described above, are required at all other times. When site conditions make the schedule required in this section impractical, the permittee may petition the Division to grant an alternate inspection schedule. b) Inspection Requirements 1) Inspection Scope - The construction site perimeter, all disturbed areas, material and/or waste storage areas that are exposed to precipitation, discharge locations, and locations where vehicles access the site shall be inspected for evidence of, or the potential for, pollutants leaving the construction site boundaries, entering the stormwater drainage system, or discharging to state waters. All erosion and sediment control practices identified in the SWMP shall be evaluated to ensure that they are maintained and operating correctly. 2) Inspection Report/Records - The permittee shall keep a record of inspections. Inspection reports must identify any incidents of non-compliance with the terms and conditions of this permit. Inspection records must be retained for three years from expiration or inactivation of permit coverage. At a minimum, the inspection report must include: i) The inspection date; ii) Name(s) and title(s) of personnel making the inspection; iii) Location(s) of discharges of sediment or other pollutants from the site; iv) Location(s) of BMPs that need to be maintained; v) Location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location; vi) Location(s) where additional BMPs are needed that were not in place at the time of inspection; vii) Deviations from the minimum inspection schedule as provided in Part I.D.6.a above; vii) Description of corrective action for items iii, iv, v, and vi, above, dates corrective action(s) taken, and measures taken to prevent future violations, including requisite changes to the SWMP, as necessary; and viii) After adequate corrective action(s) has been taken, or where a report does not identify any incidents requiring corrective action, the report shall contain a signed statement indicating the site is in compliance with the permit to the best of the signer’s knowledge and belief. c) Required Actions Following Site Inspections – Where site inspections note the need for BMP maintenance activities, BMPs must be maintained in accordance with the SWMP and Part I.D.7 of the permit. Repair, replacement, or installation of new BMPs determined necessary during site inspections to address ineffective or inadequate BMPs must be conducted in accordance with Part I.D.8 of the permit. SWMP updates required as a result of deficiencies in the SWMP noted during site inspections shall be made in accordance with Part I.D.5.c of the permit. 7. BMP Maintenance All erosion and sediment control practices and other protective measures identified in the SWMP must be maintained in effective operating condition. Proper selection and installation of BMPs and implementation of comprehensive Inspection and Maintenance procedures, in accordance with the SWMP, should be adequate to meet this condition. BMPs that are not adequately maintained in accordance with good engineering, hydrologic and pollution control practices, including removal of collected sediment outside the acceptable tolerances of the BMPs, are considered to be no longer operating effectively and must be addressed in accordance with Part I.D.8, below. A specific timeline for implementing maintenance procedures is not included in this permit because BMP maintenance is expected to be proactive, not responsive. Observations resulting in BMP maintenance activities can be made during a site inspection, or during general observations of site conditions. PART I Permit - Page 14 Permit No. COR-030000 D. TERMS AND CONDITIONS (cont.) 8. Replacement and Failed BMPs Adequate site assessment must be performed as part of comprehensive Inspection and Maintenance procedures, to assess the adequacy of BMPs at the site, and the necessity of changes to those BMPs to ensure continued effective performance. Where site assessment results in the determination that new or replacement BMPs are necessary, the BMPs must be installed to ensure on-going implementation of BMPs as per Part I.D.2. Where BMPs have failed, resulting in noncompliance with Part I.D.2, they must be addressed as soon as possible, immediately in most cases, to minimize the discharge of pollutants. When new BMPs are installed or BMPs are replaced, the SWMP must be updated in accordance with Part I.D.5(c). 9. Reporting No scheduled reporting requirements are included in this permit; however, the Division reserves the right to request that a copy of the inspection reports be submitted. 10. SWMP Availability A copy of the SWMP shall be provided upon request to the Division, EPA, or any local agency in charge of approving sediment and erosion plans, grading plans or stormwater management plans, and within the time frame specified in the request. If the SWMP is required to be submitted to any of these entities, it must include a signed certification in accordance with Part I.F.1 of the permit, certifying that the SWMP is complete and meets all permit requirements. All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b) of the CWA and Section 61.5(4) of the Colorado Discharge Permit System Regulations. The permittee shall make plans available to members of the public upon request. However, the permittee may claim any portion of a SWMP as confidential in accordance with 40 CFR Part 2. 11. Total Maximum Daily Load (TMDL) If a TMDL has been approved for any waterbody into which the permittee discharges, and stormwater discharges associated with construction activity have been assigned a pollutant-specific Wasteload Allocation (WLA) under the TMDL, the Division will either: a) Ensure that the WLA is being implemented properly through alternative local requirements, such as by a municipal stormwater permit; or b) Notify the permittee of the WLA, and amend the permittee’s certification to add specific BMPs and/or other requirements, as appropriate. The permittee may be required to do the following: 1) Under the permittee’s SWMP, implement specific management practices based on requirements of the WLA, and evaluate whether the requirements are being met through implementation of existing stormwater BMPs or if additional BMPs are necessary. Document the calculations or other evidence that show that the requirements are expected to be met; and 2) If the evaluation shows that additional or modified BMPs are necessary, describe the type and schedule for the BMP additions/revisions. Discharge monitoring may also be required. The permittee may maintain coverage under the general permit provided they comply with the applicable requirements outlined above. The Division reserves the right to require individual or alternate general permit coverage. PART I Permit - Page 15 Permit No. COR-030000 E. ADDITIONAL DEFINITIONS For the purposes of this permit: 1. Best Management Practices (BMPs): schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment requirements, operating procedures, pollution prevention, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from material storage. 2. Dedicated asphalt plants and concrete plants: portable asphalt plants and concrete plants that are located on or adjacent to a construction site and that provide materials only to that specific construction site. 3. Final stabilization: when all ground surface disturbing activities at the site have been completed, and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre-disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. For purposes of this permit, establishment of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site will be considered final stabilization. 4. Municipal separate storm sewer system: a conveyance or system of conveyances (including: roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains), owned or operated by a State, city, town, county, district, or other public body (created by state law), having jurisdiction over disposal of sewage, industrial waste, stormwater, or other wastes; designed or used for collecting or conveying stormwater. 5. Operator: the entity that has day-to-day supervision and control of activities occurring at the construction site. This can be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. It is anticipated that at different phases of a construction project, different types of parties may satisfy the definition of 'operator' and that the permit may be transferred as the roles change. 6. Outfall: a point source at the point where stormwater leaves the construction site and discharges to a receiving water or a stormwater collection system. 7. Part of a larger common plan of development or sale: a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules. 8. Point source: any discernible, confined and discrete conveyance from which pollutants are or may be discharged. Point source discharges of stormwater result from structures which increase the imperviousness of the ground which acts to collect runoff, with runoff being conveyed along the resulting drainage or grading pattern. 9. Pollutant: dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal or agricultural waste. 10. Process water: any water which, during manufacturing or processing, comes into contact with or results from the production of any raw material, intermediate product, finished product, by product or waste product. This definition includes mine drainage. 11. Receiving Water: any classified stream segment (including tributaries) in the State of Colorado into which stormwater related to construction activities discharges. This definition includes all water courses, even if they are usually dry, such as borrow ditches, arroyos, and other unnamed waterways. 12. Significant Materials include, but are not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharge. 13. Stormwater: precipitation-induced surface runoff. PART I Permit - Page 16 Permit No. COR-030000 F. GENERAL REQUIREMENTS 1. Signatory Requirements a) All reports required for submittal shall be signed and certified for accuracy by the permittee in accordance with the following criteria: 1) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates; 2) In the case of a partnership, by a general partner; 3) In the case of a sole proprietorship, by the proprietor; 4) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates. b) Changes to authorization. If an authorization under paragraph a) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph a) of this section must be submitted to the Division, prior to or together with any reports, information, or applications to be signed by an authorized representative. c) Certification. Any person signing a document under paragraph a) of this section shall make the following certification: “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.” 2. Retention of Records a) The permittee shall retain copies of the SWMP and all reports required by this permit and records of all data used to complete the application to be covered by this permit, for three years after expiration or inactivation of permit coverage. b) The permittee shall retain a copy of the SWMP required by this permit at the construction site from the date of project initiation to the date of expiration or inactivation of permit coverage, unless another location, specified by the permittee, is approved by the Division. 3. Monitoring The Division reserves the right to require sampling and testing, on a case-by-case basis (see Part I.D.1.e), for example to implement the provisions of a TMDL (see Part I.D.11 of the permit). Reporting procedures for any monitoring data collected will be included in the notification by the Division of monitoring requirements. If monitoring is required, the following definitions apply: a) The thirty (30) day average shall be determined by the arithmetic mean of all samples collected during a thirty (30) consecutive-day period. b) A grab sample, for monitoring requirements, is a single “dip and take” sample. PART II A. MANAGEMENT REQUIREMENTS 1. Amending a Permit Certification The permittee shall inform the Division (Permits Section) in writing of changes to the information provided in the permit application, including the legal contact, the project legal description or map originally submitted with the application, or the planned total disturbed acreage. The permittee shall furnish the Division with any plans and specifications which the Division deems reasonably necessary to evaluate the effect on the discharge and receiving stream. If applicable, this notification may be accomplished through submittal of an application for a CDPS process water permit authorizing the discharge. The SWMP shall be updated and implemented prior to the changes (see Part I.D.5.c). Any discharge to the waters of the State from a point source other than specifically authorized by this permit or a different CDPS permit is prohibited. 2. Special Notifications - Definitions a) Spill: An unintentional release of solid or liquid material which may cause pollution of state waters. b) Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit discharge limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. 3. Noncompliance Notification a) The permittee shall report the following instances of noncompliance: 1) Any noncompliance which may endanger health or the environment; 2) Any spill or discharge of hazardous substances or oil which may cause pollution of the waters of the state. 3) Any discharge of stormwater which may cause an exceedance of a water quality standard. b) For all instances of noncompliance based on environmental hazards and chemical spills and releases, all needed information must be provided orally to the Colorado Department of Public Health and Environment spill reporting line (24-hour number for environmental hazards and chemical spills and releases: 1-877-518-5608) within 24 hours from the time the permittee becomes aware of the circumstances. For all other instances of noncompliance as defined in this section, all needed information must be provided orally to the Water Quality Control Division within 24 hours from the time the permittee becomes aware of the circumstances. For all instances of noncompliance identified here, a written submission shall also be provided within 5 calendar days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of: 1) The noncompliance and its cause; 2) The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; 3) Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. A. MANAGEMENT REQUIREMENTS (cont.) 4. Submission of Incorrect or Incomplete Information Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or report to the Division, or relevant new information becomes available, the permittee shall promptly submit the relevant application information which was not submitted or any additional information needed to correct any erroneous information previously submitted. 5. Bypass a) A bypass, which causes effluent limitations (i.e., requirements to implement BMPs in accordance with Parts I.B.3 and I.D.2 of the permit) to be exceeded is prohibited, and the Division may take enforcement action against a permittee for such a bypass, unless: 1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities (e.g., alternative BMPs), 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 (e.g., implemented additional BMPs) to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and 3) The permittee submitted notices as required in "Non-Compliance Notification," Part II.A.3. 6. Upsets a) Effect of an Upset: An upset constitutes an affirmative defense to an action brought for noncompliance with permit limitations and requirements 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: 1) An upset occurred and that the permittee can identify the specific cause(s) of the upset; 2) The permitted facility was at the time being properly operated; 3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and 4) The permittee complied with any remedial measures required under 40 CFR Section 122.41(d) of the federal regulations or Section 61.8(3)(h) of the Colorado Discharge Permit System Regulations. c) Burden of Proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 7. Removed Substances Solids, sludges, or other pollutants removed in the course of treatment or control of discharges shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. 8. Minimization of Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any terms and conditions specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. A. MANAGEMENT REQUIREMENTS (cont.) 9. Reduction, Loss, or Failure of Stormwater Controls The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit requirements. Upon reduction, loss, or failure of any stormwater controls, the permittee shall, to the extent necessary to maintain compliance with its permit, control production, or remove all pollutant sources from exposure to stormwater, or both, until the stormwater controls are restored or an alternative method of treatment/control is provided. It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 10. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. B. RESPONSIBILITIES 1. Inspections and Right to Entry The permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator, and/or their authorized representative(s), 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 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 to investigate, within reason, any actual, suspected, or potential source of water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing permittee staff on alleged violations and other matters related to the permit, and access to any and all facilities or areas within the permittee's premises that may have any effect on the discharge, permit, or any alleged violation. 2. Duty to Provide Information The permittee shall furnish to the Division, within the time frame specified by the Division, any information which the Division may request to determine whether cause exists for modifying, revoking and reissuing, or inactivating coverage under this permit, or to determine compliance with this permit. The permittee shall also furnish to the Division, upon request, copies of records required to be kept by this permit. 3. Transfer of Ownership or Control Certification under this permit may be transferred to a new permittee if: a) The current permittee notifies the Division in writing when the transfer is desired as outlined in Part I.A.7; and b) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage and liability between them; and c) The current permittee has met all fee requirements of the Colorado Discharge Permit System Regulations, Section 61.15. B. RESPONSIBILITIES (cont.) 4. Modification, Suspension, or Revocation of Permit By Division All permit modification, inactivation 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), 61.7 and 61.15, 5 C.C.R. 1002-61, except for minor modifications. a) This permit, and/or certification under 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: 1) Violation of any terms or conditions of the permit; 2) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment of terms or conditions of the permit; 3) Materially false or inaccurate statements or information in the application for the permit; 4) Promulgation of toxic effluent standards or prohibitions (including any schedule of compliance specified in such effluent standard or prohibition) which are established under Section 307 of the Clean Water Act, where such a toxic pollutant is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit. b) This permit, and/or certification under this permit, may be modified in whole or in part due to a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as: 1) Promulgation of Water Quality Standards applicable to waters affected by the permitted discharge; or 2) Effluent limitations or other requirements applicable pursuant to the State Act or federal requirements; or 3) Control regulations promulgated; or 4) Other available information indicates a potential for violation of adopted Water Quality Standards or stream classifications. c) This permit, or certification under this permit, may be modified in whole or in part to include new effluent limitations and other appropriate permit conditions where data submitted pursuant to Part I indicate that such effluent limitations and permit conditions are necessary to ensure compliance with applicable water quality standards and protection of classified uses. d) At the request of the permittee, the Division may modify or inactivate certification under this permit if the following conditions are met: 1) In the case of inactivation, the permittee notifies the Division of its intent to inactivate the certification, and certifies that the site has been finally stabilized; 2) In the case of inactivation, the permittee has ceased any and all discharges to state waters and demonstrates to the Division there is no probability of further uncontrolled discharge(s) which may affect waters of the State. 3) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modification, amendment or inactivation; 4) Fee requirements of Section 61.15 of the Colorado Discharge Permit System Regulations have been met; and 5) Applicable requirements of public notice have been met. For small construction sites covered by a Qualifying Local Program, coverage under this permit is automatically terminated when a site has been finally stabilized. B. RESPONSIBILITIES (cont.) 5. Permit Violations Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. Dischargers of stormwater associated with industrial activity, as defined in the EPA Stormwater Regulation (40 CFR 122.26(b)(14) and Section 61.3(2) of the Colorado Discharge Permit System Regulations, which do not obtain coverage under this or other Colorado general permits, or under an individual CDPS permit regulating industrial stormwater, will be in violation of the federal Clean Water Act and the Colorado Water Quality Control Act, 25-8-101, as amended. Failure to comply with CDPS permit requirements will also constitute a violation. 6. Legal Responsibilities The issuance of this permit does not convey any property or water rights in either real or personal property, or stream flows, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority granted by Section 510 of the Clean Water Act. 7. Severability The provisions of this permit are severable. If any provisions of this permit, or the application of any provision of this permit to any circumstance, are held invalid, the application of such provision to other circumstances and the application of the remainder of this permit shall not be affected. 8. Renewal Application If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least ninety (90) days before this permit expires. If the permittee anticipates that there will be no discharge after the expiration date of this permit, the Division should be promptly notified so that it can inactivate the certification in accordance with Part II.B.4.d. 9. Confidentiality Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Colorado Discharge Permit System Regulations, 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. The permittee must state what is confidential at the time of submittal. Any information relating to any secret process, method of manufacture or production, or sales or marketing data which has been declared confidential by the permittee, and which may be acquired, ascertained, or discovered, whether in any sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the Commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection of this section shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full disclosure of effluent data. 10. Fees The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. 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 25-8-60l et. seq., C.R.S. l973 as amended. B. RESPONSIBILITIES (cont.) 11. Requiring an Individual CDPS Permit The Director may require the permittee to apply for and obtain an individual or alternate general CDPS permit if: a) The discharger is not in compliance with the conditions of this general permit; b) Conditions or standards have changed so that the discharge no longer qualifies for a general permit; or c) Data/information become available which indicate water quality standards may be violated. The permittee must be notified in writing that an application for an individual or alternate general CDPS permit is required. When an individual or alternate general CDPS permit is issued to an operator otherwise covered under this general permit, the applicability of this general permit to that operator is automatically inactivated upon the effective date of the individual or alternate general CDPS permit. Water Quality Control Division WQCD-P-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 RATIONALE STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY GENERAL PERMIT IN COLORADO THIRD RENEWAL COLORADO DISCHARGE PERMIT NUMBER COR-030000 CONTENTS PAGE I. Introduction 1 II. Changes in this General Permit 1 III. Background 8 IV. Stormwater Discharges Associated with Construction Activity 9 V. Coverage Under this Permit 10 VI. Application and Certification 10 VII. Qualifying Local Programs 11 VIII. Terms and Conditions of Permit 11 IX. Public Notice – 12/22/06 15 X. Public Notice – 3/23/07 15 I. INTRODUCTION This permit is for the regulation of stormwater runoff from construction activities, and specific allowable non- stormwater discharges in accordance with Part I.D.3 of the permit. The term "construction activity" includes ground surface disturbing activities, including, but not limited to, clearing, grading, excavation, demolition, installation of new or improved haul and access roads, staging areas, stockpiling of fill materials, and borrow areas. "Stormwater" is precipitation-induced surface runoff. This rationale will explain the background of the Stormwater program, activities which are covered under this permit, how to apply for coverage under this permit, and the requirements of this permit. The forms discussed in the rationale and permit are available on the Water Quality Control Division’s website at: www.cdphe.state.co.us/wq/PermitsUnit II. CHANGES IN THIS GENERAL PERMIT Several notable changes from the previous General Permit for Construction Activities have been incorporated into this permit. Significant changes are listed below. Numerous other minor changes were made for clarification purposes only. A. Authority to Discharge This section has been restructured to list all of the types of activities covered by this permit, and to be consistent with the definition of ”construction activity." The definition of construction activity has been expanded to provide clarification. See Part I.A.1 of the permit. PART II Permit - Page 24 Permit No. COR-030000 II. CHANGES IN THIS GENERAL PERMIT (cont.) B. Authority to Discharge – Oil and Gas Construction This section has been added, to take into account a regulatory change. The federal Energy Policy Act of 2005 exempts nearly all oil and gas construction activities from federal requirements under the Clean Water Act’s NPDES stormwater discharge permit program. In January 2006, the Colorado Water Quality Control Commission held a hearing to determine what effects, if any, the change in federal law would have upon Colorado’s stormwater regulations. The Commission determined that oil and gas construction sites in Colorado that disturb one or more acres are still required to be covered under Colorado’s stormwater permitting regulations (Colorado Discharge Permit System (CDPS) regulations (5CCR 1002-61)). In practice, oil and gas construction sites have the same requirements under this permit as do other types of construction. However, this permit contains some references to the federal Clean Water Act; generally these references are not applicable to oil and gas construction sites to the extent that the references are limited by the federal Energy Policy Act of 2005. See Part I.A.1(b) of the permit. C. Application Requirements The permit application requirements have changed slightly, including the addition of an email address, if available. See Part I.A.4(b). The applicant must be either the owner and/or operator of the construction site. An operator at a construction site that is not covered by a certification held by an appropriate entity may be held liable for operating without the necessary permit coverage. D. Temporary Coverage Part I.A.5(d) of the previous permit (effective July 1, 2002) dealt with temporarily covering a facility under the general permit even if an individual permit is more appropriate. This permit section essentially duplicated the previous section (see Part I.A.5(c)), and so it has been deleted. E. Reassignment of Permit Coverage Procedures have been added to clarify the requirements for the transfer of coverage of specific portions of a permitted site to a second party. See Section VIII.I.3 of the rationale and Part I.A.8 of the permit. F. Individual Permit Criteria This section has been modified to include situations involving a Total Maximum Daily Load (TMDL). See Part I.A.11 of the permit. G. Stormwater Management Plan (SWMP) The Stormwater Management Plan section has been divided into two parts: Stormwater Management Plan (SWMP) – General Requirements, which provides the basic framework and general requirements for the SWMP, and Stormwater Management Plan (SWMP) – Contents, which specifically identifies each item that must be addressed in the SWMP. See Parts I.B and I.C of the permit. H. Stormwater Management Plan (SWMP) – General Requirements The SWMP General Requirements section has been modified to require that the SWMP be updated in accordance with Parts I.D.5(c) and I.D.5(d) of the permit (SWMP Review/Changes). This additional requirement ensures that the SWMP provisions reflect current site conditions. See Part I.B.2(c) of the permit. PART II Permit - Page 25 Permit No. COR-030000 II. CHANGES IN THIS GENERAL PERMIT (cont.) I. Stormwater Management Plan (SWMP) – Contents The SWMP Contents section has been modified. Some of the changes are limited to organization of information, which does not require modification of an existing permittee’s current SWMP. Most of the SWMP changes involve either clarifications, reformatting, or taking recommendations from the Division’s SWMP guide and making them permit requirements (e.g., vehicle tracking controls, BMP installation specifications). If an existing permittee (i.e., those with permit coverage before June 30, 2007) followed the recommendations in the SWMP guide (Appendix A of the permit application), then their SWMP will presumably meet the new requirements. However, for any existing permittees who did not follow the applicable SWMP guide recommendations, their SMWP must be amended to include the new required items: -SWMP Administrator -Identification of potential pollutant sources -Best Management Practices descriptions and installation specifications, including dedicated concrete or asphalt batch plants; vehicle tracking control; and waste management and disposal (including concrete washout activities). For existing permittees, any SWMP changes based on the change in permit requirements must be completed by October 1, 2007. The plan is not to be submitted to the Division unless requested, but must be available on site as outlined in Part I.D.5(b) of the permit. The BMP requirement clarifications included in this renewed permit in no way imply that adequate BMPs to address all pollutant sources at a permitted site were not required in previous permits. The revised requirements are intended only to better clarify SWMP content requirements and provide improved direction to permittees. The SWMP changes are listed below. All new applicants (after June 30, 2007) for permit coverage for their sites must fully comply with the new SWMP organization, plan requirements, and implementation. 1. Site Description: The requirement to provide an estimate of the run-off coefficient has been removed. The run-off coefficient as currently utilized in the SWMP may not contribute sufficiently to permit compliance to justify the effort in determining accurate values. See Part I.C.1 of the permit. However, the Division still encourages use of the coefficient as needed to adequately evaluate site-specific BMP selection and design criteria (e.g., pond capacities, BMP location, etc.) See Section C.2 of the SWMP guidance (Appendix A of the permit application). 2. Site Map: The requirement to identify boundaries of the 100-year flood plain has been removed. The boundaries as currently utilized in the SWMP may not contribute sufficiently to permit compliance to justify the effort in determining their location. See Part I.C.2 of the permit. 3. Stormwater Management Controls: This section has been modified to require identification of a SWMP Administrator and all potential pollutants sources in the SWMP. See Part I.C.3 of the permit. a) The SWMP Administrator is a specific individual(s), position or title who is responsible for the process of developing, implementing, maintaining, and revising the SWMP. This individual serves as the comprehensive point of contact for all aspects of the facility’s SWMP. This requirement may necessitate changes to existing permittees’ SWMPs. PART II Permit - Page 26 Permit No. COR-030000 II. CHANGES IN THIS GENERAL PERMIT (cont.) b) The requirement to identify Potential Pollutant Sources has been expanded to include more details for the evaluation of such sources. This evaluation allows for the appropriate selection of BMPs for implementation at a facility or site. Additionally, this section was added to be consistent with the SWMP guide. This requirement may necessitate changes to existing permittees’ SWMPs. c) Best Management Practices (BMPs) for Stormwater Pollution Prevention: This section was modified to require the following items to be addressed in the SWMP. These requirements may necessitate changes to existing permittees’ SWMPs. This section also requires that the SWMP provide installation and implementation specifications for each BMP identified in the SWMP. For structural BMPs, in most cases, this must include a technical drawing to provide adequate installation specifications. See Part I.C.3(c). i) Dedicated concrete or asphalt batch plants. This section requires that the practices used to reduce the pollutants in stormwater discharges associated with dedicated concrete or asphalt batch plants be identified in the SWMP. (Coverage under the construction site SWMP and permit is not required for batch plants if they have alternate CDPS permit coverage.) ii) Vehicle tracking control. This section requires that practices be implemented to control sediment from vehicle tracking, and that all such practices implemented at the site be clearly described in the SWMP. iii) Waste management and disposal. This section requires that the practices implemented at the site to control stormwater pollution from construction site waste, including concrete washout activities, be clearly described in the SWMP. It also requires that concrete washout activities be conducted in a manner that does not contribute pollutants to surface waters or stormwater runoff. iv) Concrete Washout Water. Part I.D.3(c) of the permit has been revised to conditionally authorize discharges to the ground of concrete wash water from washing of tools and concrete mixer chutes when appropriate BMPs are implemented. The permit prohibits the discharge of concrete washout water to surface waters and to storm sewer systems. Part I.C.3(c)(7) of the permit requires that BMPs be in place to prevent surface discharges of concrete washout water from the site. The use of unlined pits to contain concrete washout water is a common practice in Colorado. The Division has further evaluated the need for a permit for discharge of concrete washout water to the ground. The Division has determined that the use of appropriate BMPs for on-site washing of tools and concrete mixer chutes would prevent any significant discharge to groundwater. BMPs to protect groundwater are required by Part I.C.3(c)(7) of the permit. Because pH is a pollutant of concern for washout activities, the soil must have adequate buffering capacity to result in protection of the groundwater standard, or a liner/containment must be used. The following management practices are recommended to prevent an impact from unlined pits to groundwater: (1) the use of the washout site should be temporary (less than 1 year), and (2) the washout site should be not be located in an area where shallow groundwater may be present, such as near natural drainages, springs, or wetlands. PART II Permit - Page 27 Permit No. COR-030000 II. CHANGES IN THIS GENERAL PERMIT (cont.) Where adequate management practices are not followed to protect groundwater quality, the Department may require discharges to unlined pits to cease, or require the entity to obtain alternate regulatory approval through notice from either the Water Quality Control Division or the Hazardous Materials and Waste Management Division. In addition, Part I.D.1(b) of the permit has been revised to clearly state that the permit does not authorize on-site permanent disposal of concrete washout waste, only temporary containment of concrete washout water from washing of tools and concrete mixer chutes. Upon termination of use of the washout site, accumulated solid waste, including concrete waste and any contaminated soils, must be removed from the site to prevent on-site disposal of solid waste. v) Construction Dewatering. Part I.D.3(d) of the permit has been revised to conditionally authorize discharges to the ground of water from construction dewatering activities when appropriate BMPs are implemented. The permit does not authorize the discharge of groundwater from construction dewatering to surface waters or to storm sewer systems. Part I.C.3(c)(8) of the permit requires that BMPs be in place to prevent surface discharges. The permittee may apply for coverage under a separate CDPS discharge permit, such as the Construction Dewatering general permit, if there is a potential for discharges to surface waters. The Division has determined that potential pollutant sources introduced into groundwater from construction dewatering operations do not have a reasonable potential to result in exceedance of groundwater standards when the discharge is to the ground. The primary pollutant of concern in uncontaminated groundwater is sediment. Although technology- based standards for sediment do exist in 5 CCR 1002-41, the discharge of sediment to the ground as part of construction dewatering does not have the reasonable potential to result in transport of sediment to the groundwater table so as to result in an exceedance of those standards. For a discharge of water contaminated with other pollutants that are present in concentrations that may cause an exceedance of groundwater standards, separate CDPS discharge permit coverage is required. Contaminated groundwater may include that contaminated with pollutants from a landfill, mining activity, industrial pollutant plume, underground storage tank, or other source of human-induced groundwater pollution and exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42. J. Terms and Conditions, General Limitations and Design Standards This section reiterates the requirement that facilities select, install, implement, and maintain appropriate BMPs, following good engineering, hydrologic and pollution control practices. In addition, requirements for protection of water quality standards (see Part I.D.1.(a) of the permit) and requirements to adequately design BMPs to prevent pollution or degradation of State waters (see Part I.D.2 of the permit) have been revised and are fully discussed in Part III.B of the rationale, below. Additional language was also added to Section III.B of the rationale further clarifying the expectations for compliance with this permit. 1. Management of Site Waste This section has been modified to clarify that on-site waste must be properly managed to prevent potential pollution of State waters, and that this permit does not authorize on-site waste disposal. Solid waste disposal is regulated by the Hazardous Materials and Waste Management Division. PART II Permit - Page 28 Permit No. COR-030000 II. CHANGES IN THIS GENERAL PERMIT (cont.) K. Terms and Conditions, SWMP Requirements 1. SWMP Review/Changes: This section now requires that when changes are made to site conditions, the SWMP must be revised immediately, except for some BMP description changes which conditionally may occur within 72 hours. This requirement is included to both ensure that the SWMP be kept accurate and up-to-date, and to clarify that stormwater management at a site typically should be proactive instead of responsive, and be integrated into site management to ensure it is calibrated with those changes. The section was also clarified to state that only changes in site conditions that do not require new or modified BMPs do not need to be addressed in the SWMP. See Part I.D.5(c) of the permit. 2. SWMP Certification: The previous permit was unclear on a requirement that the copy of SWMP that remains at the facility had to be signed in accordance with permit signatory requirements. This requirement has been deleted. The signatory requirement of Part I.F.1 only applies to the SWMP if it is to be submitted to the Division or to EPA. See Part I.F.1 of the permit. L. Terms and Conditions, Post-Storm Inspections The previous permit required post-storm inspections, but did not specify the timing of inspections. This section now requires that post-storm event inspections generally be conducted within 24 hours of the event. An alternative timeline has been allowed, only for sites where there are no construction activities occurring following a storm event. For this condition, post-storm event inspections shall instead be conducted prior to commencing construction activities, but no later than 72 hours following the storm event, and the delay noted in the inspection report. Any exception from the minimum inspection schedule is temporary, and does not eliminate the requirement to perform routine maintenance due to the effects of a storm event, including maintaining vehicle tracking controls and removing sediment from impervious areas. In many cases, maintenance needs will require a more frequent inspection schedule than the minimum inspections required in the permit, to ensure that BMPs continue to operate as needed to comply with the permit. See Part I.D.6(a) of the permit. M. Terms and Conditions, Inspections 1. The Winter Conditions Inspection Exclusion section has been modified to include documentation requirements for this exclusion. See Part I.D.6(a) of the permit. The Inspection Scope has been modified to include the requirement to inspect waste storage areas during inspections conducted in accordance with the permit. See Part I.D.6(b) of the permit. 2. The requirements for sites to qualify for reduced inspection frequencies for completed sites have been slightly modified (see Part I.D.6(a)(2) of the permit,). The requirement now is that only construction activities that disturb the ground surface must be completed. Construction activities that can be conducted without disturbance of the ground surface; for example, interior building construction, and some oil well activities, would not prohibit a site from otherwise qualifying for the reduced inspection frequency. In addition, the requirement for the site to be prepared for final stabilization has been slightly modified to allow for sites that have not yet been seeded to qualify, as long as the site has otherwise been prepared for final stabilization, including completion of appropriate soil preparation, amendments and stabilization practice. This will allow for sites with seasonal seeding limitations or where additional seed application may be needed in the future to still qualify. PART II Permit - Page 29 Permit No. COR-030000 II. CHANGES IN THIS GENERAL PERMIT (cont.) 3. The Inspection Report/Records section (Part I.D.6(b)(2)) was added to clarify requirements for inspection reports generated during an inspection conducted in accordance with Part I.D.6 of the permit. Inspection reports must be signed by the inspector, or the individual verifying the corrective action indicated in the inspection report, on behalf of the permittee. Inspection reports are not typically required to be submitted to the Division, and therefore, are not required to be signed and certified for accuracy in accordance with Part I.F.1 of the permit. However, any inspection reports that are submitted to the Division must follow the signatory requirements contained in that section. N. Terms and Conditions, Maintenance, Repair, and Replacement of Control Practices These sections have been added to clarify requirements for maintaining the BMPs identified in the SWMP and for addressing ineffective or failed BMPs. BMP maintenance and site assessment to determine the overall adequacy of stormwater quality management at the site must occur proactively, in order to ensure adequate control of pollutant sources at the site. In most cases, if BMPs are already not operating effectively, or have failed, the issue must be addressed immediately, to prevent discharge of pollutants. See Parts I.D.7 and I.D.8 of the permit. O. Total Maximum Daily Load (TMDL) A section on TMDLs has been added. This section gives a general outline of the additional requirements that may be imposed by the Division if the facility discharges to a waterbody for which a stormwater-related TMDL is in place. See Section VIII.C of the rationale and Part I.D.11 of the permit. P. Additional Definitions Part I.E of the permit has been modified to remove the definition of runoff coefficient, as it is no longer a permit requirement. The definition for state waters has also been deleted, but can be found in Regulation 61. Q. Changes in Discharge The section on the types of discharge or facility changes that necessitate Division notification has been clarified. See Part II.A.1 of the permit. R. Non-Compliance Notification The section on notification to the Division regarding instances of non-compliance has been amended to clarify which types of noncompliance require notification. See Part II.A.3 of the permit. S. Short Term Certifications The previous permit allowed small short-term construction activities to be authorized for a predetermined period from 3 to 12 months, and then automatically expire (an inactivation request did not need to be submitted). The issuance of these certifications has led to significant confusion and incidents of noncompliance resulting from permittees unintentionally letting their certifications expire prior to final stabilization, as well as issues regarding billing. Therefore, the provisions for short-term certifications have been deleted. T. Bypass The Division has revised the Bypass conditions in Part II.A.5 of the permit to be consistent with the requirements of Regulation 61.8(3)(i). The revised language addresses under what rare occurrences BMPs may be bypassed at a site. PART II Permit - Page 30 Permit No. COR-030000 III. BACKGROUND As required under the Clean Water Act amendments of 1987, the Environmental Protection Agency (EPA) has established a framework for regulating municipal and industrial stormwater discharges. This framework is under the National Pollutant Discharge Elimination System (NPDES) program (Note: The Colorado program is referred to as the Colorado Discharge Permit System, or CDPS, instead of NPDES.) The Water Quality Control Division ("the Division") has stormwater regulations (5CCR 1002-61) in place. These regulations require specific types of industrial facilities that discharge stormwater associated with industrial activity (industrial stormwater), to obtain a CDPS permit for such discharge. The regulations specifically include construction activities that disturb one acre of land or more as industrial facilities. Construction activities that are part of a larger common plan of development which disturb one acre or more over a period of time are also included. A. General Permits The Division has determined that the use of general permits is the appropriate procedure for handling most of the thousands of industrial stormwater applications within the State. B. Permit Requirements This permit does not impose numeric effluent limits or require submission of effluent monitoring data in the permit application or in the permit itself. The permit instead imposes practice-based effluent limitations for stormwater discharges through the requirement to develop and implement a Stormwater Management Plan (SWMP). The narrative permit requirements include prohibitions against discharges of non-stormwater (e.g., process water). See Part I.D.3 of the permit. The permit conditions for the SWMP include the requirement for dischargers to select, implement and maintain Best Management Practices (BMPs) at a permitted construction site that adequately minimize pollutants in the discharges to assure compliance with the terms and conditions of the permit. Part I.D.2 of the permit includes basic design standards for BMPs implemented at the site. Facilities must select, install, implement, and maintain appropriate BMPs, following good engineering, hydrologic and pollution control practices. BMPs implemented at the site must be adequately designed to control all potential pollutant sources associated with construction activity to prevent pollution or degradation of State waters. Pollution is defined in CDPS regulations (5CCR 1002-61) as man-made or man-induced, or natural alteration of the physical, chemical, biological, and radiological integrity of water. Utilizing industry-accepted standards for BMP selection that are appropriate for the conditions and pollutant sources present will typically be adequate to meet these criteria, since construction BMPs are intended to prevent the discharge of all but minimal amounts of sediment or other pollutants that would not result in actual pollution of State waters, as defined above. However, site-specific design, including ongoing assessment of BMPs and pollutant sources, is necessary to ensure that BMPs operate as intended. The permit further requires that stormwater discharges from construction activities shall not cause, have the reasonable potential to cause, or measurably contribute to an excursion above any water quality standard, including narrative standards for water quality. This condition is the basis for all CDPS Discharge permits, and addresses the need to ensure that waters of the State maintain adequate water quality, in accordance with water quality standards, to continue to meet their designated uses. It is believed that, in most cases, BMPs can be adequate to meet applicable water quality standards. If water quality impacts are noted, or the Division otherwise determines that additional permit requirements are necessary, they are typically imposed as follows: 1) at the renewal of this general permit or through a general permit specific to an industrial sector (if the issue is sector-based); 2) through direction from the Division based on the implementation of a TMDL (if the issue is watershed-based); or 3) if the issue is site-specific, through a revision to the certification from the Division based on an inspection or SWMP review, or through an individual permit. PART II Permit - Page 31 Permit No. COR-030000 III. BACKGROUND (cont.) Some construction sites may be required to comply with a Qualifying Local Program in place of meeting several of the specific requirements in this permit. Sites covered by a Qualifying Local Program may not be required to submit an application for coverage or a notice of inactivation and may not be required to pay the Division’s annual fee. See Section VII of the rationale. C. Violations/Penalties Dischargers of stormwater associated with industrial activity, as defined in the CDPS regulations (5CCR 1002-61), that do not obtain coverage under this or other Colorado general permits, or under an individual CDPS permit regulating industrial stormwater, will be in violation of the Federal Clean Water Act and the Colorado Water Quality Control Act, 25-8-101. For facilities covered under a CDPS permit, failure to comply with any CDPS permit requirement constitutes a violation. As of the time of permit issuance, civil penalties for violations of the Act or CDPS permit requirements may be up to $10,000 per day, and criminal pollution of state waters is punishable by fines of up to $25,000 per day. IV. STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY The stormwater regulations (CDPS regulations (5CCR 1002-61)), require that stormwater discharges associated with certain industrial activities be covered under the permit program. Construction activity that disturbs one acre or more during the life of the project is specifically included in the listed industrial activities. This permit is intended to cover most stormwater discharges from construction facilities required by State regulation to obtain a permit. A. Construction Activity Construction activity includes ground surface disturbing activities including, but not limited to, clearing, grading, excavation, demolition, installation of new or improved haul and access roads, staging areas, stockpiling of fill materials, and dedicated borrow/fill areas. Construction does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility. (The maintenance exclusion is intended for projects such as road resurfacing, and where there will be less than one acre of additional ground disturbed. Improvements or upgrades to existing facilities or roads, where at least one acre is disturbed, would not qualify as “routine maintenance.”) Definitions of additional terms can be found in Part I.E of the permit. Stormwater discharges from all construction activity require permit coverage, except for operations that result in the disturbance of less than one acre of total land area and which are not part of a larger common plan of development or sale. A “larger common plan of development or sale” is a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules. B. Types of Discharges/Activities Covered 1. Stormwater: This permit is intended to cover most new or existing discharges composed entirely of stormwater from construction activities that are required by State regulation to obtain a permit. This includes stormwater discharges associated with areas that are dedicated to producing earthen materials, such as soils, sand, and gravel, for use at a single construction site. These areas may be located at the construction site or at some other location. This permit does not authorize the discharge of mine water or process water from borrow areas. This permit may also cover stormwater discharges associated with dedicated asphalt plants and concrete plants located at a specific construction site. PART II Permit - Page 32 Permit No. COR-030000 IV. STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY (cont.) 2. Process water: Under certain restrictions, discharges to the ground from construction dewatering, and from concrete washout activities, are also covered (see Parts I.C.3(c)(7), I.C.3(c)(8), I.D.3(c) and I.D.3(d) of the permit). C. Types of Activities NOT Covered 1. Stormwater: Aside from the sources listed in subparagraph B.1, above, this permit does not cover stormwater discharged from construction sites that is mixed with stormwater from other types of industrial activities, or process water of any kind. Other types of industrial activities that require stormwater discharge permits pursuant to different sections of the regulations (Regulation 5 CCR 1002-61, Section 61.2(e)(iii)(A-I, K)], are not covered by this permit. 2. Process water: This permit also does not cover any discharge of process water to surface waters. If the construction activity encounters groundwater, in order to discharge this groundwater to surface waters, a Construction Dewatering Discharge Permit (permit number COG-070000) must also be obtained. An application for this permit can be obtained from the Division at the address listed in Part I.A.4(a) of the permit, or at the website in Section I of the rationale. V. COVERAGE UNDER THIS GENERAL PERMIT Under this general permit, owners or operators of stormwater discharges associated with construction activity may be granted authorization to discharge stormwater into waters of the State of Colorado. This includes stormwater discharges associated with industrial activity from areas that are dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction site, and dedicated asphalt plants and dedicated concrete plants. This permit does not pre-empt or supersede the authority of other local, state or federal agencies to prohibit, restrict or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. Authorization to discharge under the permit requires submittal of a completed application form and a certification that the SWMP is complete, unless the site is covered by a Qualifying Local Program. Upon receipt of all required information, the Division may allow or disallow coverage under the general permit. VI. APPLICATION AND CERTIFICATION At least ten days prior to the commencement of construction activities, the owner or operator of the construction site shall submit an original completed application which includes the signed certification that the SWMP is complete. Original signatures are required for the application to be considered complete. For small construction sites only, if the site is covered by a Qualifying Local Program (see below), submittal of an application is not required. For the purposes of this permit, the “operator” is the person who has day-to-day control over the project. This can be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. At different times during a construction project, different types of parties may satisfy the definition of ”operator” and the certification may be transferred as roles change. (Note - Under the Federal regulations, this application process is referred to as a Notice of Intent, or NOI. For internal consistency with its current program, the Division will continue to use the term “application.”) A summary of the permit application requirements is found in the permit at Part I.A.4(b). If coverage under this general permit is appropriate, then a certification will be developed and the applicant will be certified under this general permit. PART II Permit - Page 33 Permit No. COR-030000 VII. QUALIFYING LOCAL PROGRAMS For stormwater discharges associated with small construction activity (i.e., one to five acre disturbed area sites), the permit includes conditions that incorporate approved qualifying local erosion and sediment control program (Qualifying Local Program) requirements by reference. A Qualifying Local Program is a municipal stormwater program for stormwater discharges associated with small construction activity that has been formally approved by the Division. The requirements for Qualifying Local Programs are outlined in Part 61.8(12) of the Colorado Discharger Permit System Regulations (also see the Division’s “Qualifying Local Programs for Small Construction Sites - Application Guidance”). Such programs must impose requirements to protect water quality that are at least as stringent as those required in this permit. A. Approval Termination A Qualifying Local Program may be terminated by either the Division or the municipality. Upon termination of Division approval of a Qualifying Local Program, any small construction activity required to obtain permit coverage under Section 61.3(2)(h) of the CDPS regulations (5CCR 1002-61), shall submit an application form as provided by the Division, with a certification that the Stormwater Management Plan (SWMP) is complete as required by Part I.A.3 of the permit, within 30 days of Division notification. B. Approval Expiration Division approval of a Qualifying Local Program will expire with this general permit on June 30, 2012. Any municipality desiring to continue Division approval of their program must reapply by March 31, 2012. The Division will determine if the program may continue as a approved Qualifying Local Program. VIII. TERMS AND CONDITIONS OF PERMIT A. Coverage under a Qualifying Local Program – For Small Construction Sites Only For small construction sites (disturbing less than 5 acres) covered under a Qualifying Local Program (see Section VII, above), only certain permit requirements apply, as outlined below. The local program must have been formally designated by the Division to qualify. Most municipalities have some type of local program and may require permits and fees. However, simply having a program in place does not necessarily mean that it is a qualifying program and that a State permit is not required. The local municipality is responsible for notifying operators and/or owners that they are covered by a Qualifying Local Program. As of May 31, 2007, the only approved Qualifying Local Programs within the state are for Golden, Durango and Lakewood. An updated list of municipalities with Qualifying Local Programs, including contact information, is available on the Division’s website at: http://www.cdphe.state.co.us/wq/PermitsUnit/stormwater/construction.html. The Division reserves the right to require any construction owner or operator within the jurisdiction of a Qualifying Local Program covered under this permit to apply for and obtain coverage under the full requirements of this permit. 1. Permit Coverage: If a construction site is within the jurisdiction of a Qualifying Local Program, the owner or operator of the construction activity is authorized to discharge stormwater associated with small construction activity under this general permit without the submittal of an application to the Division. The permittee also is not required to submit an inactivation notice or payment of an annual fee to the Division. PART II Permit - Page 34 Permit No. COR-030000 VIII. TERMS AND CONDITIONS OF PERMIT (cont.) 2. Permit Terms and Conditions: The permittee covered by a Qualifying Local Program must comply with the requirements of that Qualifying Local Program. In addition, the following permit sections are applicable: a) Parts 1.A.1, 1.A.2, and 1.A.3: Authorization to discharge and discussion of coverage under the permit. b) Part I.D.1: General limitations that must be met in addition to local requirements. c) Parts I.D.2, I.D.3, I.D.4: BMP implementation, prohibition of non-stormwater discharges unless addressed in a separate CDPS permit, and requirements related to releases of reportable quantities. d) Part I.D.11: Potential coverage under a Total Maximum Daily Load (TMDL). e) Part I.E: Additional definitions. f) Part II (except for Parts II.A.1, II.B.3, II.B.8, and II.B.10): Specifically includes, but is not limited to, provisions applicable in the case of noncompliance with permit requirements, and requirements to provide information and access. B. Stormwater Management Plans (SWMPs) Prior to commencement of construction, a stormwater management plan (SWMP) shall be developed and implemented for each facility covered by this permit. A certification that the SWMP is complete must be submitted with the permit application. The SWMP shall identify potential sources of pollution (including sediment) which may reasonably be expected to affect the quality of stormwater discharges associated with construction activity from the facility. In addition, the plan shall describe the Best Management Practices (BMPs) which will be used to reduce the pollutants in stormwater discharges from the construction site. (Note that permanent stormwater controls, such as ponds, that are used as temporary construction BMPs must be adequately covered in the SWMP.) Facilities must implement the provisions of their SWMP as a condition of this permit. The SWMP shall include the following items: 1. Site Description 2. Site Map 3. Stormwater Management Controls 4. Long-term Stormwater Management 5. Inspection and Maintenance (See Parts I.B. and I.C of the permit for a more detailed description of SWMP requirements.) The Division has a guidance document available on preparing a SWMP. The document is included as Appendix A of the permit application, and is available on the Division’s website at www.cdphe.state.co.us/wq/PermitsUnit. Some changes have been made to the SWMP requirements. See Section II.I of the rationale for a discussion on permittee responsibilities regarding those changes. PART II Permit - Page 35 Permit No. COR-030000 VIII. TERMS AND CONDITIONS OF PERMIT (cont.) Master SWMP Often, a large construction project will involve multiple smaller construction sites that are within a common plan of development, or multiple well pads under construction within an oil and gas well field. Pollutant sources and the types of BMPs used can be relatively consistent in such cases. A permittee could significantly streamline the SWMP development process through the use of a master SWMP. SWMP information must be developed and maintained for all construction activities that exceed one acre (or are part of a common plan of development exceeding one acre) conducted within the permitted area. By developing a single master plan, the permittee can eliminate the need to develop repetitive information in separate plans. Such a plan could include two sections, one containing a reference section with information applicable to all sites (e.g., installation details and maintenance requirements for many standard BMPs, such as silt fence and erosion blankets), and the second containing all of the information specific to each site (e.g., site BMP map, drainage plans, details for BMPs requiring site specific design, such as retention ponds). As new activities begin, information required in the SWMP is added to the plan, and as areas become finally stabilized, the related information is removed. Records of information related to areas that have been finally stabilized that are removed from the active plan must be maintained for a period of at least three years from the date that the associated site is finally stabilized. C. Total Maximum Daily Load (TMDL) If the designated use of a stream or water body has been impaired by the presence of a pollutant(s), development of a Total Maximum Daily Load (TMDL) may be required. A TMDL is an estimate of allowable loading in the waterbody for the pollutant in question. Types of discharges that are or have the potential to be a significant source of the pollutant are also identified. If a TMDL has been approved for any waterbody into which the permittee discharges, and stormwater discharges associated with construction activity have been assigned a pollutant-specific Wasteload Allocation (WLA) under the TMDL, the Division will either: 1. Notify the permittee of the TMDL, and amend the permittee's certification to add specific BMPs and/or other requirements, as appropriate; or 2. Ensure that the TMDL is being implemented properly through alternative local requirements, such as by a municipal stormwater permit. (The only current example of this is the Cherry Creek Reservoir Control Regulation (72.0), which mandates that municipalities within the basin require specific BMPs for construction sites.) See Part I.D.11 of the permit for further information. D. Monitoring Sampling and testing of stormwater for specific parameters is not required on a routine basis under this permit. However, the Division reserves the right to require sampling and testing on a case-by-case basis, in the event that there is reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in removing pollutants in the effluent. See Part I.D.1(e) of the permit. E. Facility Inspections Construction sites typically must inspect their stormwater management controls at least every 14 days and within 24 hours after the end of any precipitation or snowmelt event that causes surface erosion. At sites or portions of sites where ground-disturbing construction has been completed but a vegetative cover has not been established, these inspections must occur at least once per month. (At sites where persistent snow cover conditions exist, inspections are not required during the period that melting conditions do not exist. These PART II Permit - Page 36 Permit No. COR-030000 VIII. TERMS AND CONDITIONS OF PERMIT (cont.) conditions are only expected to occur at high elevations within the Colorado mountains.) For all of these inspections, records must be kept on file. Exceptions to the inspection requirements are detailed in Part I.D.6 of the permit. F. SWMP Revisions The permittee shall amend the SWMP whenever there is a change in design, construction, operation, or maintenance of the site, which would require the implementation of new or revised BMPs. The SWMP shall also be amended if it proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity. The timing for completion of SWMP changes is detailed in Parts I.D.5(c) and I.D.5(d) of the permit. SWMP revisions shall be made prior to change in the field, or in accordance with Part I.D.5(d) of the permit. G. Reporting The inspection record shall be made available to the Division upon request. Regular submittal of an annual report is not required in this permit. See Part I.D.9 of the permit. H. Annual Fee The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Permittees will be billed for the initial permit fee within a few weeks of permit issuance and then annually, based on a July 1 through June 30 billing cycle. I. Responsibility for Permit The permit certification for a site may be inactivated, once coverage is no longer needed. The certification may be transferred, if another party is assuming responsibility for the entire area covered by the certification. In addition, permit responsibility for part of the area covered by the certification may be reassigned to another party. These actions are summarized below. The Stormwater Program construction fact sheet explains these actions in further detail under the section on Multiple Owner/Developer Sites, and is available on the Division website at http://www.cdphe.state.co.us/wq/PermitsUnit/stormwater/ConstFactSheet.PDF, Section F. 1. Inactivation Notice: When a site has been finally stabilized in accordance with the SWMP, the permittee shall submit an Inactivation Notice that is signed in accordance with Part I.F.1 of the permit. A summary of the Inactivation Notice content is described in Part I.A.6 of the permit. A copy of the Inactivation Notice form will be mailed to the permittee along with the permit certification. Additional copies are available from the Division. For sites where all areas have been removed from permit coverage, the permittee may submit an inactivation notice and terminate permit coverage. In such cases the permittee would no longer have any land covered under their permit certification, and therefore there would be no areas remaining to finally stabilize. Areas may be removed from permit coverage by: -reassignment of permit coverage (Part I.A.8 of the permit); -sale to homeowner(s) (Part I.A.9 of the permit); or -amendment by the permittee, in accordance with Division guidance for areas where permit coverage has been obtained by a new operator or returned to agricultural use. PART II Permit - Page 37 Permit No. COR-030000 VIII. TERMS AND CONDITIONS OF PERMIT (cont.) 2. Transfer of Permit: When responsibility for stormwater discharges for an entire construction site changes from one individual to another, the permit shall be transferred in accordance with Part I.A.7 of the permit. The permittee shall submit a completed Notice of Transfer form, which is available from the Division, and at www.cdphe.state.co.us/wq/PermitsUnit. If the new responsible party will not complete the transfer form, the permit may be inactivated if the permittee has no legal responsibility, through ownership or contract, for the construction activities at the site. In this case, the new owner or operator would be required to obtain permit coverage separately. 3. Reassignment of Permit: When a permittee no longer has control of a specific portion of a permitted site, and wishes to transfer coverage of that portion of the site to a second party, the permittee shall submit a completed Notice of Reassignment of Permit Coverage form, which is available from the Division, and at www.cdphe.state.co.us/wq/PermitsUnit. The form requires that both the existing permittee and new permittee complete their respective sections. See Part I.A.8 of the permit. J. Duration of Permit The general permit will expire on June 30, 2012. The permittee's authority to discharge under this permit is approved until the expiration date of the general permit. Any permittee desiring continued coverage under the general permit past the expiration date must apply for recertification under the general permit at least 90 days prior to its expiration date. Kathleen Rosow December 18, 2006 IX. PUBLIC NOTICE – 12/22/06 The permit was sent to public notice on December 22, 2006. A public meeting was requested, and was held on February 2, 2007. Numerous comments were received on the draft permit. Responses to those comments, and a summary of changes made to the draft permit, are in a separate document entitled “Division Response To Public Comments.” The permit will be sent to a second public notice on March 23, 2007. Any changes resulting from the second public notice will be summarized in the rationale. Kathleen Rosow March 22, 2007 X. PUBLIC NOTICE – 3/23/07 The permit was sent to public notice for a second time on March 23, 2007. Numerous comments were received on the second draft permit. Responses to those comments, and a summary of the additional changes made to the draft permit, are contained in a separate document entitled “Division Response To Public Comments Part II“. This document is part of the rationale. Any changes based on the Division response are incorporated into the rationale and permit. The response document is available online at http://www.cdphe.state.co.us/wq/PermitsUnit/stormwater/construction.html, or by emailing cdphe.wqstorm@state.co.us, or by calling the Division at 303-692-3517. Kathleen Rosow May 31, 2007 APPENDIX B CDHPE Construction Activity Permit Application For Agency Use Only Permit Number Assigned COR03- Date Received /_ /_ Month Day Year COLORADO DISCHARGE PERMIT SYSTEM (CDPS) STORMWATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITIES APPLICATION PHOTO COPIES, FAXED COPIES, PDF COPIES OR EMAILS WILL NOT BE ACCEPTED. Please print or type. Original signatures are required. All items must be completed accurately and in their entirety for the application to be deemed complete. Incomplete applications will not be processed until all information is received which will ultimately delay the issuance of a permit. If more space is required to answer any question, please attach additional sheets to the application form. Applications must be submitted by mail or hand delivered to: Colorado Department of Public Health and Environment Water Quality Control Division 4300 Cherry Creek Drive South WQCD-P-B2 Denver, Colorado 80246-1530 Any additional information that you would like the Division to consider in developing the permit should be provided with the application. Examples include effluent data and/or modeling and planned pollutant removal strategies. PERMIT INFORMATION Reason for Application: NEW CERT RENEW CERT EXISTING CERT # Applicant is: Property Owner Contractor/Operator A. CONTACT INFORMATION - NOT ALL CONTACT TYPES MAY APPLY * indicates required *PERMITTEE (If more than one please add additional pages) *ORGANIZATION FORMAL NAME: 1) *PERMITTEE the person authorized to sign and certify the permit application. This person receives all permit correspondences and is legally responsible for compliance with the permit. Responsible Position (Title): Currently Held By (Person): Telephone No:_ email address Organization: Mailing Address: City:_ State: Zip: This form must be signed by the Permittee (listed in item 1) to be considered complete. Per Regulation 61 In all cases, it shall be signed as follows: a) In the case of corporations, by a responsible corporate officer. For the purposes of this section, the responsible corporate officer is responsible for the overall operation of the facility from which the discharge described in the application originates. b) In the case of a partnership, by a general partner. c) In the case of a sole proprietorship, by the proprietor. d) In the case of a municipal, state, or other public facility, by either a principal executive officer or ranking elected official page 1 of 5 revised April 2011 2) DMR COGNIZANT OFFICIAL (i.e. authorized agent) the person or position authorized to sign and certify reports required by the Division including Discharge Monitoring Reports *DMR’s, Annual Reports, Compliance Schedule submittals, and other information requested by the Division. The Division will transmit pre-printed reports (ie. DMR’s) to this person. If more than one, please add additional pages. Same As 1) Permittee Responsible Position (Title): Currently Held By (Person): Telephone No:_ email address Organization: Mailing Address: City:_ State: Zip: Per Regulation 61 : All reports required by permits, and other information requested by the Division shall be signed by the permittee or by a duly authorized representative of that person. A person is a duly authorized representative only if: (i) The authorization is made in writing by the permittee (ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and (iii) The written authorization is submitted to the Division 3) *SITE CONTACT local contact for questions relating to the facility & discharge authorized by this permit for the facility. Same As 1) Permittee Responsible Position (Title): Currently Held By (Person): Telephone No:_ email address Organization: Mailing Address: City:_ State: Zip: 4) * BILLING CONTACT if different than the permittee Responsible Position (Title): Currently Held By (Person): Telephone No:_ email address Organization: Mailing Address: City:_ State: Zip: Page 2 of 5 revised April 2011 5) OTHER CONTACT TYPES (check below) Add pages if necessary: ResponsiblePosition (Title): Currently Held By (Person): Telephone No:_ email address Organization: Mailing Address: City:_ State: Zip: o Pretreatment Coordinator o Environmental Contact o Biosolids Responsible Party o Property Owner Inspection Facility Contact Consultant Compliance Contact Stormwater MS4 Responsible Person Stormwater Authorized Representative Other B. Permitted Project/Facility Information Project/Facility Name Street Address or cross streets (e.g., “S. of Park St. between 5th Ave. and 10th Ave.”, or “W. side of C.R. 21, 3.25 miles N. of Hwy 10”; A street name without an address, intersection, mile marker, or other identifying information describing the location of the project is not adequate. For linear projects, the route of the project should be described as best as possible with the location more accurately indicated by a map.) City, Zip Code County Facility Latitude/Longitude— (approximate center of site to nearest 15 seconds using one of following formats 001A Latitude . Longitude . (e.g., 39.703°, 104.933°’) degrees (to 3 decimal places) degrees (to 3 decimal places) or 001A Latitude º ’ " Longitude º ’ " (e.g., 39°46'11"N, 104°53'11"W) degrees minutes seconds degrees minutes seconds For the approximate center point of the property, to the nearest 15 seconds. The latitude and longitude must be provided as either degrees, minutes, and seconds, or in decimal degrees with three decimal places. This information may be obtained from a variety of sources, including: o Surveyors or engineers for the project should have, or be able to calculate, this information. o EPA maintains a web-based siting tool as part of their Toxic Release Inventory program that uses interactive maps and aerial photography to help users get latitude and longitude. The siting tool can be accessed at www.epa.gov/tri/report/siting_tool/index.htm o U.S. Geological Survey topographical map(s), available at area map stores. o Using a Global Positioning System (GPS) unit to obtain a direct reading. Note: the latitude/longitude required above is not the directional degrees, minutes, and seconds provided on a site legal description to define property boundaries. C. MAP (Attachment) If no map is submitted, the permit will not be issued. Map: Attach a map that indicates the site location and that CLEARLY shows the boundaries of the area that will be disturbed. Maps must be no larger than 11x17 inches. D. LEGAL DESCRIPTION Legal description: If subdivided, provide the legal description below, or indicate that it is not applicable (do not supply Township/Range/Section or metes and bounds description of site) Subdivision(s): Lot(s): Block(s): OR Not applicable (site has not been subdivided) page 3 of 5 revised April 2011 E. AREA OF CONSTRUCTION SITE Total area of project site (acres): Area of project site to undergo disturbance (acres): Note: aside from clearing, grading and excavation activities, disturbed areas also include areas receiving overburden (e.g., stockpiles), demolition areas, and areas with heavy equipment/vehicle traffic and storage that disturb existing vegetative cover Total disturbed area of Larger Common Plan of Development or Sale, if applicable: (i.e., total, including all phases, filings, lots, and infrastructure not covered by this application) Provide both the total area of the construction site, and the area that will undergo disturbance, in acres. Note: aside from clearing, grading and excavation activities, disturbed areas also include areas receiving overburden (e.g., stockpiles), demolition areas, and areas with heavy equipment/vehicle traffic and storage that disturb existing vegetative cover (see construction activity description under the APPLICABILITY section on page 1). If the project is part of a larger common plan of development or sale (see the definition under the APPLICABILITY section on page 1), the disturbed area of the total plan must also be included. F. NATURE OF CONSTRUCTION ACTIVITY Check the appropriate box(s) or provide a brief description that indicates the general nature of the construction activities. (The full description of activities must be included in the Stormwater Management Plan.) Single Family Residential Development Multi-Family Residential Development Commercial Development Oil and Gas Production and/or Exploration (including pad sites and associated infrastructure) Highway/Road Development (not including roadways associated with commercial or residential development) Other – Description: G. ANTICIPATED CONSTRUCTION SCHEDULE Construction Start Date: ___________________________ Final Stabilization Date: _____________________________ Construction Start Date - This is the day you expect to begin ground disturbing activities, including grubbing, stockpiling, excavating, demolition, and grading activities. Final Stabilization Date - in terms of permit coverage, this is when the site is finally stabilized. This means that all ground surface disturbing activities at the site have been completed, and all disturbed areas have been either built on, paved, or a uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre-disturbance levels. Permit coverage must be maintained until the site is finally stabilized. Even if you are only doing one part of the project, the estimated final stabilization date must be for the overall project. If permit coverage is still required once your part is completed, the permit certification may be transferred or reassigned to a new responsible entity(s). H. RECEIVING WATERS (If discharge is to a ditch or storm sewer, include the name of the ultimate receiving waters) Immediate Receiving Water(s): Ultimate Receiving Water(s): Identify the receiving water of the stormwater from your site. Receiving waters are any waters of the State of Colorado. This includes all water courses, even if they are usually dry. If stormwater from the construction site enters a ditch or storm sewer system, identify that system and indicate the ultimate receiving water for the ditch or storm sewer. Note: a stormwater discharge permit does not allow a discharge into a ditch or storm sewer system without the approval of the owner/operator of that system. page 4 of 5 revised April 2011 I. REQUIRED SIGNATURES (Both parts i. and ii. must be signed) Signature of Applicant: The applicant must be either the owner and/or operator of the construction site. Refer to Part B of the instructions for additional information. The application must be signed by the applicant to be considered complete. In all cases, it shall be signed as follows: (Regulation 61.4 (1ei) a) In the case of corporations, by the responsible corporate officer is responsible for the overall operation of the facility 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 facility, by either a principal executive officer, ranking elected official, (a principal executive officer has responsibility for the overall operation of the facility from which the discharge originates). STOP!: A Stormwater Management Plan must be completed prior to signing the following certifications! i. STORMWATER MANAGEMENT PLAN CERTIFICATION “I certify under penalty of law that a complete Stormwater Management Plan, has been prepared for my activity. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the Stormwater Management Plan is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for falsely certifying the completion of said SWMP, including the possibility of fine and imprisonment for knowing violations.” XX Signature of Legally Responsible Person or Authorized Agent (submission must include original signature) Date Signed Name (printed) Title ii. SIGNATURE OF PERMIT LEGAL CONTACT "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." “I understand that submittal of this application is for coverage under the State of Colorado General Permit for Stormwater Discharges Associated with Construction Activity for the entirety of the construction site/project described and applied for, until such time as the application is amended or the certification is transferred, inactivated, or expired.” XX Signature of Legally Responsible Person (submission must include original signature) Date Signed Name (printed Title DO NOT INCLUDE A COPY OF THE STORMWATER MANAGEMENT PLAN DO NOT INCLUDE PAYMENT – AN INVOICE WILL BE SENT AFTER THE CERTIFICATION IS ISSUED. page 5 of 5 revised April 2011 APPENDIX C Urban Drainage and Flood Control District BMPs Surface Roughening (SR) EC-1 November 2010 Urban Drainage and Flood Control District SR-1 Urban Storm Drainage Criteria Manual Volume 3 Photograph SR-1. Surface roughening via imprinting for temporary stabilization. Description Surface roughening is an erosion control practice that involves tracking, scarifying, imprinting, or tilling a disturbed area to provide temporary stabilization of disturbed areas. Surface roughening creates variations in the soil surface that help to minimize wind and water erosion. Depending on the technique used, surface roughening may also help establish conditions favorable to establishment of vegetation. Appropriate Uses Surface roughening can be used to provide temporary stabilization of disturbed areas, such as when revegetation cannot be immediately established due to seasonal planting limitations. Surface roughening is not a stand-alone BMP, and should be used in conjunction with other erosion and sediment controls. Surface roughening is often implemented in conjunction with grading and is typically performed using heavy construction equipment to track the surface. Be aware that tracking with heavy equipment will also compact soils, which is not desirable in areas that will be revegetated. Scarifying, tilling, or ripping are better surface roughening techniques in locations where revegetation is planned. Roughening is not effective in very sandy soils and cannot be effectively performed in rocky soil. Design and Installation Typical design details for surfacing roughening on steep and mild slopes are provided in Details SR-1 and SR-2, respectively. Surface roughening should be performed either after final grading or to temporarily stabilize an area during active construction that may be inactive for a short time period. Surface roughening should create depressions 2 to 6 inches deep and approximately 6 inches apart. The surface of exposed soil can be roughened by a number of techniques and equipment. Horizontal grooves (running parallel to the contours of the land) can be made using tracks from equipment treads, stair-step grading, ripping, or tilling. Fill slopes can be constructed with a roughened surface. Cut slopes that have been smooth graded can be roughened as a subsequent operation. Roughening should follow along the contours of the slope. The tracks left by truck mounted equipment working perpendicular to the contour can leave acceptable horizontal depressions; however, the equipment will also compact the soil. Surface Roughening Functions Erosion Control Yes Sediment Control No Site/Material Management No EC-1 Surface Roughening (SR) SR-2 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 Maintenance and Removal Care should be taken not to drive vehicles or equipment over areas that have been surface roughened. Tire tracks will smooth the roughened surface and may cause runoff to collect into rills and gullies. Because surface roughening is only a temporary control, additional treatments may be necessary to maintain the soil surface in a roughened condition. Areas should be inspected for signs of erosion. Surface roughening is a temporary measure, and will not provide long-term erosion control. Surface Roughening (SR) EC-1 November 2010 Urban Drainage and Flood Control District SR-3 Urban Storm Drainage Criteria Manual Volume 3 EC-1 Surface Roughening (SR) SR-4 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 Temporary and Permanent Seeding (TS/PS) EC-2 June 2012 Urban Drainage and Flood Control District TS/PS-1 Urban Storm Drainage Criteria Manual Volume 3 Photograph TS/PS -1. Equipment used to drill seed. Photo courtesy of Douglas County. Description Temporary seeding can be used to stabilize disturbed areas that will be inactive for an extended period. Permanent seeding should be used to stabilize areas at final grade that will not be otherwise stabilized. Effective seeding includes preparation of a seedbed, selection of an appropriate seed mixture, proper planting techniques, and protection of the seeded area with mulch, geotextiles, or other appropriate measures. Appropriate Uses When the soil surface is disturbed and will remain inactive for an extended period (typically 30 days or longer), proactive stabilization measures should be implemented. If the inactive period is short-lived (on the order of two weeks), techniques such as surface roughening may be appropriate. For longer periods of inactivity, temporary seeding and mulching can provide effective erosion control. Permanent seeding should be used on finished areas that have not been otherwise stabilized. Typically, local governments have their own seed mixes and timelines for seeding. Check jurisdictional requirements for seeding and temporary stabilization. Design and Installation Effective seeding requires proper seedbed preparation, selection of an appropriate seed mixture, use of appropriate seeding equipment to ensure proper coverage and density, and protection with mulch or fabric until plants are established. The USDCM Volume 2 Revegetation Chapter contains detailed seed mix, soil preparations, and seeding and mulching recommendations that may be referenced to supplement this Fact Sheet. Drill seeding is the preferred seeding method. Hydroseeding is not recommended except in areas where steep slopes prevent use of drill seeding equipment, and even in these instances it is preferable to hand seed and mulch. Some jurisdictions do not allow hydroseeding or hydromulching. Seedbed Preparation Prior to seeding, ensure that areas to be revegetated have soil conditions capable of supporting vegetation. Overlot grading can result in loss of topsoil, resulting in poor quality subsoils at the ground surface that have low nutrient value, little organic matter content, few soil microorganisms, rooting restrictions, and conditions less conducive to infiltration of precipitation. As a result, it is typically necessary to provide stockpiled topsoil, compost, or other Temporary and Permanent Seeding Functions Erosion Control Yes Sediment Control No Site/Material Management No EC-2 Temporary and Permanent Seeding (TS/PS) TS/PS-2 Urban Drainage and Flood Control District June 2012 Urban Storm Drainage Criteria Manual Volume 3 soil amendments and rototill them into the soil to a depth of 6 inches or more. Topsoil should be salvaged during grading operations for use and spread on areas to be revegetated later. Topsoil should be viewed as an important resource to be utilized for vegetation establishment, due to its water-holding capacity, structure, texture, organic matter content, biological activity, and nutrient content. The rooting depth of most native grasses in the semi-arid Denver metropolitan area is 6 to 18 inches. At a minimum, the upper 6 inches of topsoil should be stripped, stockpiled, and ultimately respread across areas that will be revegetated. Where topsoil is not available, subsoils should be amended to provide an appropriate plant-growth medium. Organic matter, such as well digested compost, can be added to improve soil characteristics conducive to plant growth. Other treatments can be used to adjust soil pH conditions when needed. Soil testing, which is typically inexpensive, should be completed to determine and optimize the types and amounts of amendments that are required. If the disturbed ground surface is compacted, rip or rototill the surface prior to placing topsoil. If adding compost to the existing soil surface, rototilling is necessary. Surface roughening will assist in placement of a stable topsoil layer on steeper slopes, and allow infiltration and root penetration to greater depth. Prior to seeding, the soil surface should be rough and the seedbed should be firm, but neither too loose nor compacted. The upper layer of soil should be in a condition suitable for seeding at the proper depth and conducive to plant growth. Seed-to-soil contact is the key to good germination. Seed Mix for Temporary Vegetation To provide temporary vegetative cover on disturbed areas which will not be paved, built upon, or fully landscaped or worked for an extended period (typically 30 days or more), plant an annual grass appropriate for the time of planting and mulch the planted areas. Annual grasses suitable for the Denver metropolitan area are listed in Table TS/PS-1. These are to be considered only as general recommendations when specific design guidance for a particular site is not available. Local governments typically specify seed mixes appropriate for their jurisdiction. Seed Mix for Permanent Revegetation To provide vegetative cover on disturbed areas that have reached final grade, a perennial grass mix should be established. Permanent seeding should be performed promptly (typically within 14 days) after reaching final grade. Each site will have different characteristics and a landscape professional or the local jurisdiction should be contacted to determine the most suitable seed mix for a specific site. In lieu of a specific recommendation, one of the perennial grass mixes appropriate for site conditions and growth season listed in Table TS/PS-2 can be used. The pure live seed (PLS) rates of application recommended in these tables are considered to be absolute minimum rates for seed applied using proper drill-seeding equipment. If desired for wildlife habitat or landscape diversity, shrubs such as rubber rabbitbrush (Chrysothamnus nauseosus), fourwing saltbush (Atriplex canescens) and skunkbrush sumac (Rhus trilobata) could be added to the upland seedmixes at 0.25, 0.5 and 1 pound PLS/acre, respectively. In riparian zones, planting root stock of such species as American plum (Prunus americana), woods rose (Rosa woodsii), plains cottonwood (Populus sargentii), and willow (Populus spp.) may be considered. On non-topsoiled upland sites, a legume such as Ladak alfalfa at 1 pound PLS/acre can be included as a source of nitrogen for perennial grasses. Temporary and Permanent Seeding (TS/PS) EC-2 June 2012 Urban Drainage and Flood Control District TS/PS-3 Urban Storm Drainage Criteria Manual Volume 3 Seeding dates for the highest success probability of perennial species along the Front Range are generally in the spring from April through early May and in the fall after the first of September until the ground freezes. If the area is irrigated, seeding may occur in summer months, as well. See Table TS/PS-3 for appropriate seeding dates. Table TS/PS-1. Minimum Drill Seeding Rates for Various Temporary Annual Grasses Speciesa (Common name) Growth Seasonb Pounds of Pure Live Seed (PLS)/acrec Planting Depth (inches) 1. Oats Cool 35 - 50 1 - 2 2. Spring wheat Cool 25 - 35 1 - 2 3. Spring barley Cool 25 - 35 1 - 2 4. Annual ryegrass Cool 10 - 15 ½ 5. Millet Warm 3 - 15 ½ - ¾ 6. Sudangrass Warm 5–10 ½ - ¾ 7. Sorghum Warm 5–10 ½ - ¾ 8. Winter wheat Cool 20–35 1 - 2 9. Winter barley Cool 20–35 1 - 2 10. Winter rye Cool 20–35 1 - 2 11. Triticale Cool 25–40 1 - 2 a Successful seeding of annual grass resulting in adequate plant growth will usually produce enough dead-plant residue to provide protection from wind and water erosion for an additional year. This assumes that the cover is not disturbed or mowed closer than 8 inches. Hydraulic seeding may be substituted for drilling only where slopes are steeper than 3:1 or where access limitations exist. When hydraulic seeding is used, hydraulic mulching should be applied as a separate operation, when practical, to prevent the seeds from being encapsulated in the mulch. b See Table TS/PS-3 for seeding dates. Irrigation, if consistently applied, may extend the use of cool season species during the summer months. c Seeding rates should be doubled if seed is broadcast, or increased by 50 percent if done using a Brillion Drill or by hydraulic seeding. EC-2 Temporary and Permanent Seeding (TS/PS) TS/PS-4 Urban Drainage and Flood Control District June 2012 Urban Storm Drainage Criteria Manual Volume 3 Table TS/PS-2. Minimum Drill Seeding Rates for Perennial Grasses Common a Name Botanical Name Growth Seasonb Growth Form Seeds/ Pound Pounds of PLS/acre Alakali Soil Seed Mix Alkali sacaton Sporobolus airoides Cool Bunch 1,750,000 0.25 Basin wildrye Elymus cinereus Cool Bunch 165,000 2.5 Sodar streambank wheatgrass Agropyron riparium 'Sodar' Cool Sod 170,000 2.5 Jose tall wheatgrass Agropyron elongatum 'Jose' Cool Bunch 79,000 7.0 Arriba western wheatgrass Agropyron smithii 'Arriba' Cool Sod 110,000 5.5 Total 17.75 Fertile Loamy Soil Seed Mix Ephriam crested wheatgrass Agropyron cristatum 'Ephriam' Cool Sod 175,000 2.0 Dural hard fescue Festuca ovina 'duriuscula' Cool Bunch 565,000 1.0 Lincoln smooth brome Bromus inermis leyss 'Lincoln' Cool Sod 130,000 3.0 Sodar streambank wheatgrass Agropyron riparium 'Sodar' Cool Sod 170,000 2.5 Arriba western wheatgrass Agropyron smithii 'Arriba' Cool Sod 110,000 7.0 Total 15.5 High Water Table Soil Seed Mix Meadow foxtail Alopecurus pratensis Cool Sod 900,000 0.5 Redtop Agrostis alba Warm Open sod 5,000,000 0.25 Reed canarygrass Phalaris arundinacea Cool Sod 68,000 0.5 Lincoln smooth brome Bromus inermis leyss 'Lincoln' Cool Sod 130,000 3.0 Pathfinder switchgrass Panicum virgatum 'Pathfinder' Warm Sod 389,000 1.0 Alkar tall wheatgrass Agropyron elongatum 'Alkar' Cool Bunch 79,000 5.5 Total 10.75 Transition Turf Seed Mixc Ruebens Canadian bluegrass Poa compressa 'Ruebens' Cool Sod 2,500,000 0.5 Dural hard fescue Festuca ovina 'duriuscula' Cool Bunch 565,000 1.0 Citation perennial ryegrass Lolium perenne 'Citation' Cool Sod 247,000 3.0 Lincoln smooth brome Bromus inermis leyss 'Lincoln' Cool Sod 130,000 3.0 Total 7.5 Temporary and Permanent Seeding (TS/PS) EC-2 June 2012 Urban Drainage and Flood Control District TS/PS-5 Urban Storm Drainage Criteria Manual Volume 3 Table TS/PS-2. Minimum Drill Seeding Rates for Perennial Grasses (cont.) Common Name Botanical Name Growth Seasonb Growth Form Seeds/ Pound Pounds of PLS/acre Sandy Soil Seed Mix Blue grama Bouteloua gracilis Warm Sod-forming bunchgrass 825,000 0.5 Camper little bluestem Schizachyrium scoparium 'Camper' Warm Bunch 240,000 1.0 Prairie sandreed Calamovilfa longifolia Warm Open sod 274,000 1.0 Sand dropseed Sporobolus cryptandrus Cool Bunch 5,298,000 0.25 Vaughn sideoats grama Bouteloua curtipendula 'Vaughn' Warm Sod 191,000 2.0 Arriba western wheatgrass Agropyron smithii 'Arriba' Cool Sod 110,000 5.5 Total 10.25 Heavy Clay, Rocky Foothill Seed Mix Ephriam crested wheatgrass d Agropyron cristatum 'Ephriam' Cool Sod 175,000 1.5 Oahe Intermediate wheatgrass Agropyron intermedium 'Oahe' Cool Sod 115,000 5.5 Vaughn sideoats grama e Bouteloua curtipendula 'Vaughn' Warm Sod 191,000 2.0 Lincoln smooth brome Bromus inermis leyss 'Lincoln' Cool Sod 130,000 3.0 Arriba western wheatgrass Agropyron smithii 'Arriba' Cool Sod 110,000 5.5 Total 17.5 a All of the above seeding mixes and rates are based on drill seeding followed by crimped straw mulch. These rates should be doubled if seed is broadcast and should be increased by 50 percent if the seeding is done using a Brillion Drill or is applied through hydraulic seeding. Hydraulic seeding may be substituted for drilling only where slopes are steeper than 3:1. If hydraulic seeding is used, hydraulic mulching should be done as a separate operation. b See Table TS/PS-3 for seeding dates. c If site is to be irrigated, the transition turf seed rates should be doubled. d Crested wheatgrass should not be used on slopes steeper than 6H to 1V. e Can substitute 0.5 lbs PLS of blue grama for the 2.0 lbs PLS of Vaughn sideoats grama. EC-2 Temporary and Permanent Seeding (TS/PS) TS/PS-6 Urban Drainage and Flood Control District June 2012 Urban Storm Drainage Criteria Manual Volume 3 Table TS/PS-3. Seeding Dates for Annual and Perennial Grasses Annual Grasses (Numbers in table reference species in Table TS/PS-1) Perennial Grasses Seeding Dates Warm Cool Warm Cool January 1–March 15   March 16–April 30 4 1,2,3   May 1–May 15 4  May 16–June 30 4,5,6,7 July 1–July 15 5,6,7 July 16–August 31 September 1–September 30 8,9,10,11 October 1–December 31   Mulch Cover seeded areas with mulch or an appropriate rolled erosion control product to promote establishment of vegetation. Anchor mulch by crimping, netting or use of a non-toxic tackifier. See the Mulching BMP Fact Sheet for additional guidance. Maintenance and Removal Monitor and observe seeded areas to identify areas of poor growth or areas that fail to germinate. Reseed and mulch these areas, as needed. An area that has been permanently seeded should have a good stand of vegetation within one growing season if irrigated and within three growing seasons without irrigation in Colorado. Reseed portions of the site that fail to germinate or remain bare after the first growing season. Seeded areas may require irrigation, particularly during extended dry periods. Targeted weed control may also be necessary. Protect seeded areas from construction equipment and vehicle access. Soil Binders (SB) EC-3 November 2010 Urban Drainage and Flood Control District SB-1 Urban Storm Drainage Criteria Manual Volume 3 Description Soil binders include a broad range of treatments that can be applied to exposed soils for temporary stabilization to reduce wind and water erosion. Soil binders may be applied alone or as tackifiers in conjunction with mulching and seeding applications. Acknowledgement: This BMP Fact Sheet has been adapted from the 2003 California Stormwater Quality Association (CASQA) Stormwater BMP Handbook: Construction (www.cabmphandbooks.com). Appropriate Uses Soil binders can be used for short-term, temporary stabilization of soils on both mild and steep slopes. Soil binders are often used in areas where work has temporarily stopped, but is expected to resume before revegetation can become established. Binders are also useful on stockpiled soils or where temporary or permanent seeding has occurred. Prior to selecting a soil binder, check with the state and local jurisdiction to ensure that the chemicals used in the soil binders are allowed. The water quality impacts of some types of soil binders are relatively unknown and may not be allowed due to concerns about potential environmental impacts. Soil binders must be environmentally benign (non-toxic to plant and animal life), easy to apply, easy to maintain, economical, and should not stain paved or painted surfaces. Soil binders should not be used in vehicle or pedestrian high traffic areas, due to loss in effectiveness under these conditions. Site soil type will dictate appropriate soil binders to be used. Be aware that soil binders may not function effectively on silt or clay soils or highly compacted areas. Check manufacturer's recommendations for appropriateness with regard to soil conditions. Some binders may not be suitable for areas with existing vegetation. Design and Installation Properties of common soil binders used for erosion control are provided in Table SB-1. Design and installation guidance below are provided for general reference. Follow the manufacturer's instructions for application rates and procedures. Soil Binders Functions Erosion Control Yes Sediment Control No Site/Material Management Moderate Photograph SB-1. Tackifier being applied to provide temporary soil stabilization. Photo courtesy of Douglas County. EC-3 Soil Binders (SB) SB-2 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 Table SB-1. Properties of Soil Binders for Erosion Control (Source: CASQA 2003) Evaluation Criteria Binder Type Plant Material Based (short lived) Plant Material Based (long lived) Polymeric Emulsion Blends Cementitious- Based Binders Resistance to Leaching High High Low to Moderate Moderate Resistance to Abrasion Moderate Low Moderate to High Moderate to High Longevity Short to Medium Medium Medium to Long Medium Minimum Curing Time before Rain 9 to 18 hours 19 to 24 hours 0 to 24 hours 4 to 8 hours Compatibility with Existing Vegetation Good Poor Poor Poor Mode of Degradation Biodegradable Biodegradable Photodegradable/ Chemically Degradable Photodegradable/ Chemically Degradable Specialized Application Equipment Water Truck or Hydraulic Mulcher Water Truck or Hydraulic Mulcher Water Truck or Hydraulic Mulcher Water Truck or Hydraulic Mulcher Liquid/Powder Powder Liquid Liquid/Powder Powder Surface Crusting Yes, but dissolves on rewetting Yes Yes, but dissolves on rewetting Yes Clean Up Water Water Water Water Erosion Control Application Rate Varies Varies Varies 4,000 to 12,000 lbs/acre Typ. Soil Binders (SB) EC-3 November 2010 Urban Drainage and Flood Control District SB-3 Urban Storm Drainage Criteria Manual Volume 3 Factors to consider when selecting a soil binder generally include:  Suitability to situation: Consider where the soil binder will be applied, if it needs a high resistance to leaching or abrasion, and whether it needs to be compatible with existing vegetation. Determine the length of time soil stabilization will be needed, and if the soil binder will be placed in an area where it will degrade rapidly. In general, slope steepness is not a discriminating factor.  Soil types and surface materials: Fines and moisture content are key properties of surface materials. Consider a soil binder's ability to penetrate, likelihood of leaching, and ability to form a surface crust on the surface materials.  Frequency of application: The frequency of application can be affected by subgrade conditions, surface type, climate, and maintenance schedule. Frequent applications could lead to high costs. Application frequency may be minimized if the soil binder has good penetration, low evaporation, and good longevity. Consider also that frequent application will require frequent equipment clean up. An overview of major categories of soil binders, corresponding to the types included in Table SB-1 follows. Plant-Material Based (Short Lived) Binders  Guar: A non-toxic, biodegradable, natural galactomannan-based hydrocolloid treated with dispersant agents for easy field mixing. It should be mixed with water at the rate of 11 to 15 lbs per 1,000 gallons. Recommended minimum application rates are provided in Table SB-2. Table SB-2. Application Rates for Guar Soil Stabilizer Slope (H:V) Flat 4:1 3:1 2:1 1:1 Application Rate (lb/acre) 40 45 50 60 70  Psyllium: Composed of the finely ground muciloid coating of plantago seeds that is applied as a wet slurry to the surface of the soil. It dries to form a firm but rewettable membrane that binds soil particles together but permits germination and growth of seed. Psyllium requires 12 to 18 hours drying time. Application rates should be from 80 to 200 lbs/acre, with enough water in solution to allow for a uniform slurry flow.  Starch: Non-ionic, cold-water soluble (pre-gelatinized) granular cornstarch. The material is mixed with water and applied at the rate of 150 lb/acre. Approximate drying time is 9 to 12 hours. Plant-Material Based (Long Lived) Binders  Pitch and Rosin Emulsion: Generally, a non-ionic pitch and rosin emulsion has a minimum solids content of 48 percent. The rosin should be a minimum of 26 percent of the total solids content. The soil stabilizer should be a non-corrosive, water dilutable emulsion that upon application cures to a water insoluble binding and cementing agent. For soil erosion control applications, the emulsion is diluted and should be applied as follows: o For clayey soil: 5 parts water to 1 part emulsion EC-3 Soil Binders (SB) SB-4 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 o For sandy soil: 10 parts water to 1 part emulsion Application can be by water truck or hydraulic seeder with the emulsion and product mixture applied at the rate specified by the manufacturer. Polymeric Emulsion Blend Binders  Acrylic Copolymers and Polymers: Polymeric soil stabilizers should consist of a liquid or solid polymer or copolymer with an acrylic base that contains a minimum of 55 percent solids. The polymeric compound should be handled and mixed in a manner that will not cause foaming or should contain an anti-foaming agent. The polymeric emulsion should not exceed its shelf life or expiration date; manufacturers should provide the expiration date. Polymeric soil stabilizer should be readily miscible in water, non-injurious to seed or animal life, non-flammable, should provide surface soil stabilization for various soil types without inhibiting water infiltration, and should not re-emulsify when cured. The applied compound should air cure within a maximum of 36 to 48 hours. Liquid copolymer should be diluted at a rate of 10 parts water to 1 part polymer and the mixture applied to soil at a rate of 1,175 gallons/acre.  Liquid Polymers of Methacrylates and Acrylates: This material consists of a tackifier/sealer that is a liquid polymer of methacrylates and acrylates. It is an aqueous 100 percent acrylic emulsion blend of 40 percent solids by volume that is free from styrene, acetate, vinyl, ethoxylated surfactants or silicates. For soil stabilization applications, it is diluted with water in accordance with manufacturer's recommendations, and applied with a hydraulic seeder at the rate of 20 gallons/acre. Drying time is 12 to 18 hours after application.  Copolymers of Sodium Acrylates and Acrylamides: These materials are non-toxic, dry powders that are copolymers of sodium acrylate and acrylamide. They are mixed with water and applied to the soil surface for erosion control at rates that are determined by slope gradient, as summarized in Table SB-3. Table SB-3. Application Rates for Copolymers of Sodium Acrylates and Acrylamides Slope (H:V) Flat to 5:1 5:1 to 3:1 2:2 to 1:1 Application Rate (lb/acre) 3.0-5.0 5.0-10.0 10.0-20.0  Polyacrylamide and Copolymer of Acrylamide: Linear copolymer polyacrylamide is packaged as a dry flowable solid. When used as a stand-alone stabilizer, it is diluted at a rate of 11 lb/1,000 gal. of water and applied at the rate of 5.0 lb/acre.  Hydrocolloid Polymers: Hydrocolloid Polymers are various combinations of dry flowable polyacrylamides, copolymers, and hydrocolloid polymers that are mixed with water and applied to the soil surface at rates of 55 to 60 lb/acre. Drying times are 0 to 4 hours. Cementitious-Based Binders  Gypsum: This formulated gypsum based product readily mixes with water and mulch to form a thin protective crust on the soil surface. It is composed of high purity gypsum that is ground, calcined and processed into calcium sulfate hemihydrate with a minimum purity of 86 percent. It is mixed in a hydraulic seeder and applied at rates 4,000 to 12,000 lb/acre. Drying time is 4 to 8 hours. Soil Binders (SB) EC-3 November 2010 Urban Drainage and Flood Control District SB-5 Urban Storm Drainage Criteria Manual Volume 3 Installation After selecting an appropriate soil binder, the untreated soil surface must be prepared before applying the soil binder. The untreated soil surface must contain sufficient moisture to assist the agent in achieving uniform distribution. In general, the following steps should be followed:  Follow manufacturer's written recommendations for application rates, pre-wetting of application area, and cleaning of equipment after use.  Prior to application, roughen embankment and fill areas.  Consider the drying time for the selected soil binder and apply with sufficient time before anticipated rainfall. Soil binders should not be applied during or immediately before rainfall.  Avoid over spray onto roads, sidewalks, drainage channels, sound walls, existing vegetation, etc.  Soil binders should not be applied to frozen soil, areas with standing water, under freezing or rainy conditions, or when the temperature is below 40°F during the curing period.  More than one treatment is often necessary, although the second treatment may be diluted or have a lower application rate.  Generally, soil binders require a minimum curing time of 24 hours before they are fully effective. Refer to manufacturer's instructions for specific cure time.  For liquid agents: o Crown or slope ground to avoid ponding. o Uniformly pre-wet ground at 0.03 to 0.3 gal/yd2 or according to manufacturer's recommendations. o Apply solution under pressure. Overlap solution 6 to 12 in. o Allow treated area to cure for the time recommended by the manufacturer, typically at least 24 hours. o Apply second treatment before first treatment becomes ineffective, using 50 percent application rate. o In low humidity, reactivate chemicals by re-wetting with water at 0.1 to 0.2 gal/yd2. Maintenance and Removal Soil binders tend to break down due to natural weathering. Weathering rates depend on a variety of site- specific and product characteristics. Consult the manufacturer for recommended reapplication rates and reapply the selected soil binder as needed to maintain effectiveness. Soil binders can fail after heavy rainfall events and may require reapplication. In particular, soil binders will generally experience spot failures during heavy rainfall events. If runoff penetrates the soil at the top of a slope treated with a soil binder, it is likely that the runoff will undercut the stabilized soil layer and discharge at a point further down slope. EC-3 Soil Binders (SB) SB-6 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 Areas where erosion is evident should be repaired and soil binder or other stabilization reapplied, as needed. Care should be exercised to minimize the damage to protected areas while making repairs. Most binders biodegrade after exposure to sun, oxidation, heat and biological organisms; therefore, removal of the soil binder is not typically required. Wind Erosion/Dust Control (DC) EC-14 November 2010 Urban Drainage and Flood Control District DC-1 Urban Storm Drainage Criteria Manual Volume 3 Photograph DC-1. Water truck used for dust suppression. Photo courtesy of Douglas County. Description Wind erosion and dust control BMPs help to keep soil particles from entering the air as a result of land disturbing construction activities. These BMPs include a variety of practices generally focused on either graded disturbed areas or construction roadways. For graded areas, practices such as seeding and mulching, use of soil binders, site watering, or other practices that provide prompt surface cover should be used. For construction roadways, road watering and stabilized surfaces should be considered. Appropriate Uses Dust control measures should be used on any site where dust poses a problem to air quality. Dust control is important to control for the health of construction workers and surrounding waterbodies. Design and Installation The following construction BMPs can be used for dust control:  An irrigation/sprinkler system can be used to wet the top layer of disturbed soil to help keep dry soil particles from becoming airborne.  Seeding and mulching can be used to stabilize disturbed surfaces and reduce dust emissions.  Protecting existing vegetation can help to slow wind velocities across the ground surface, thereby limiting the likelihood of soil particles to become airborne.  Spray-on soil binders form a bond between soil particles keeping them grounded. Chemical treatments may require additional permitting requirements. Potential impacts to surrounding waterways and habitat must be considered prior to use.  Placing rock on construction roadways and entrances will help keep dust to a minimum across the construction site.  Wind fences can be installed on site to reduce wind speeds. Install fences perpendicular to the prevailing wind direction for maximum effectiveness. Maintenance and Removal When using an irrigation/sprinkler control system to aid in dust control, be careful not to overwater. Overwatering will cause construction vehicles to track mud off-site. Wind Erosion Control/ Dust Control Functions Erosion Control Yes Sediment Control No Site/Material Management Moderate Stockpile Management (SP) MM-2 November 2010 Urban Drainage and Flood Control District SP-1 Urban Storm Drainage Criteria Manual Volume 3 Photograph SP-1. A topsoil stockpile that has been partially revegetated and is protected by silt fence perimeter control. Description Stockpile management includes measures to minimize erosion and sediment transport from soil stockpiles. Appropriate Uses Stockpile management should be used when soils or other erodible materials are stored at the construction site. Special attention should be given to stockpiles in close proximity to natural or manmade storm systems. Design and Installation Locate stockpiles away from all drainage system components including storm sewer inlets. Where practical, choose stockpile locations that that will remain undisturbed for the longest period of time as the phases of construction progress. Place sediment control BMPs around the perimeter of the stockpile, such as sediment control logs, rock socks, silt fence, straw bales and sand bags. See Detail SP-1 for guidance on proper establishment of perimeter controls around a stockpile. For stockpiles in active use, provide a stabilized designated access point on the upgradient side of the stockpile. Stabilize the stockpile surface with surface roughening, temporary seeding and mulching, erosion control blankets, or soil binders. Soils stockpiled for an extended period (typically for more than 60 days) should be seeded and mulched with a temporary grass cover once the stockpile is placed (typically within 14 days). Use of mulch only or a soil binder is acceptable if the stockpile will be in place for a more limited time period (typically 30-60 days). Timeframes for stabilization of stockpiles noted in this fact sheet are "typical" guidelines. Check permit requirements for specific federal, state, and/or local requirements that may be more prescriptive. Stockpiles should not be placed in streets or paved areas unless no other practical alternative exists. See the Stabilized Staging Area Fact Sheet for guidance when staging in roadways is unavoidable due to space or right-of-way constraints. For paved areas, rock socks must be used for perimeter control and all inlets with the potential to receive sediment from the stockpile (even from vehicle tracking) must be protected. Maintenance and Removal Inspect perimeter controls and inlet protection in accordance with their respective BMP Fact Sheets. Where seeding, mulch and/or soil binders are used, reseeding or reapplication of soil binder may be necessary. When temporary removal of a perimeter BMP is necessary to access a stockpile, ensure BMPs are reinstalled in accordance with their respective design detail section. Stockpile Management Functions Erosion Control Yes Sediment Control Yes Site/Material Management Yes MM-2 Stockpile Management (SM) SP-2 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 When the stockpile is no longer needed, properly dispose of excess materials and revegetate or otherwise stabilize the ground surface where the stockpile was located. Stockpile Management (SP) MM-2 November 2010 Urban Drainage and Flood Control District SP-3 Urban Storm Drainage Criteria Manual Volume 3 MM-2 Stockpile Management (SM) SP-4 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 Stockpile Management (SP) MM-2 November 2010 Urban Drainage and Flood Control District SP-5 Urban Storm Drainage Criteria Manual Volume 3 MM-2 Stockpile Management (SM) SP-6 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 Good Housekeeping Practices (GH) MM-3 November 2010 Urban Drainage and Flood Control District GH-1 Urban Storm Drainage Criteria Manual Volume 3 Photographs GH-1 and GH-2. Proper materials storage and secondary containment for fuel tanks are important good housekeeping practices. Photos courtesy of CDOT and City of Aurora. Description Implement construction site good housekeeping practices to prevent pollution associated with solid, liquid and hazardous construction-related materials and wastes. Stormwater Management Plans (SWMPs) should clearly specify BMPs including these good housekeeping practices:  Provide for waste management.  Establish proper building material staging areas.  Designate paint and concrete washout areas.  Establish proper equipment/vehicle fueling and maintenance practices.  Control equipment/vehicle washing and allowable non- stormwater discharges.  Develop a spill prevention and response plan. Acknowledgement: This Fact Sheet is based directly on EPA guidance provided in Developing Your Stormwater Pollution Prevent Plan (EPA 2007). Appropriate Uses Good housekeeping practices are necessary at all construction sites. Design and Installation The following principles and actions should be addressed in SWMPs:  Provide for Waste Management. Implement management procedures and practices to prevent or reduce the exposure and transport of pollutants in stormwater from solid, liquid and sanitary wastes that will be generated at the site. Practices such as trash disposal, recycling, proper material handling, and cleanup measures can reduce the potential for stormwater runoff to pick up construction site wastes and discharge them to surface waters. Implement a comprehensive set of waste-management practices for hazardous or toxic materials, such as paints, solvents, petroleum products, pesticides, wood preservatives, acids, roofing tar, and other materials. Practices should include storage, handling, inventory, and cleanup procedures, in case of spills. Specific practices that should be considered include: Solid or Construction Waste o Designate trash and bulk waste-collection areas on- site. Good Housekeeping Functions Erosion Control No Sediment Control No Site/Material Management Yes MM-3 Good Housekeeping Practices (GH) GH-2 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 Photograph GH-3. Locate portable toilet facilities on level surfaces away from waterways and storm drains. Photo courtesy of WWE. o Recycle materials whenever possible (e.g., paper, wood, concrete, oil). o Segregate and provide proper disposal options for hazardous material wastes. o Clean up litter and debris from the construction site daily. o Locate waste-collection areas away from streets, gutters, watercourses, and storm drains. Waste- collection areas (dumpsters, and such) are often best located near construction site entrances to minimize traffic on disturbed soils. Consider secondary containment around waste collection areas to minimize the likelihood of contaminated discharges. o Empty waste containers before they are full and overflowing. Sanitary and Septic Waste o Provide convenient, well-maintained, and properly located toilet facilities on-site. o Locate toilet facilities away from storm drain inlets and waterways to prevent accidental spills and contamination of stormwater. o Maintain clean restroom facilities and empty portable toilets regularly. o Where possible, provide secondary containment pans under portable toilets. o Provide tie-downs or stake-downs for portable toilets. o Educate employees, subcontractors, and suppliers on locations of facilities. o Treat or dispose of sanitary and septic waste in accordance with state or local regulations. Do not discharge or bury wastewater at the construction site. o Inspect facilities for leaks. If found, repair or replace immediately. o Special care is necessary during maintenance (pump out) to ensure that waste and/or biocide are not spilled on the ground. Hazardous Materials and Wastes o Develop and implement employee and subcontractor education, as needed, on hazardous and toxic waste handling, storage, disposal, and cleanup. o Designate hazardous waste-collection areas on-site. o Place all hazardous and toxic material wastes in secondary containment. Good Housekeeping Practices (GH) MM-3 November 2010 Urban Drainage and Flood Control District GH-3 Urban Storm Drainage Criteria Manual Volume 3 o Hazardous waste containers should be inspected to ensure that all containers are labeled properly and that no leaks are present.  Establish Proper Building Material Handling and Staging Areas. The SWMP should include comprehensive handling and management procedures for building materials, especially those that are hazardous or toxic. Paints, solvents, pesticides, fuels and oils, other hazardous materials or building materials that have the potential to contaminate stormwater should be stored indoors or under cover whenever possible or in areas with secondary containment. Secondary containment measures prevent a spill from spreading across the site and may include dikes, berms, curbing, or other containment methods. Secondary containment techniques should also ensure the protection of groundwater. Designate staging areas for activities such as fueling vehicles, mixing paints, plaster, mortar, and other potential pollutants. Designated staging areas enable easier monitoring of the use of materials and clean up of spills. Training employees and subcontractors is essential to the success of this pollution prevention principle. Consider the following specific materials handling and staging practices: o Train employees and subcontractors in proper handling and storage practices. o Clearly designate site areas for staging and storage with signs and on construction drawings. Staging areas should be located in areas central to the construction site. Segment the staging area into sub-areas designated for vehicles, equipment, or stockpiles. Construction entrances and exits should be clearly marked so that delivery vehicles enter/exit through stabilized areas with vehicle tracking controls (See Vehicle Tracking Control Fact Sheet). o Provide storage in accordance with Spill Protection, Control and Countermeasures (SPCC) requirements and plans and provide cover and impermeable perimeter control, as necessary, for hazardous materials and contaminated soils that must be stored on site. o Ensure that storage containers are regularly inspected for leaks, corrosion, support or foundation failure, or other signs of deterioration and tested for soundness. o Reuse and recycle construction materials when possible.  Designate Concrete Washout Areas. Concrete contractors should be encouraged to use the washout facilities at their own plants or dispatch facilities when feasible; however, concrete washout commonly occurs on construction sites. If it is necessary to provide for concrete washout areas on- site, designate specific washout areas and design facilities to handle anticipated washout water. Washout areas should also be provided for paint and stucco operations. Because washout areas can be a source of pollutants from leaks or spills, care must be taken with regard to their placement and proper use. See the Concrete Washout Area Fact Sheet for detailed guidance. Both self-constructed and prefabricated washout containers can fill up quickly when concrete, paint, and stucco work are occurring on large portions of the site. Be sure to check for evidence that contractors are using the washout areas and not dumping materials onto the ground or into drainage facilities. If the washout areas are not being used regularly, consider posting additional signage, relocating the facilities to more convenient locations, or providing training to workers and contractors. When concrete, paint, or stucco is part of the construction process, consider these practices which will help prevent contamination of stormwater. Include the locations of these areas and the maintenance and inspection procedures in the SWMP. MM-3 Good Housekeeping Practices (GH) GH-4 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 o Do not washout concrete trucks or equipment into storm drains, streets, gutters, uncontained areas, or streams. Only use designated washout areas. o Establish washout areas and advertise their locations with signs. Ensure that signage remains in good repair. o Provide adequate containment for the amount of wash water that will be used. o Inspect washout structures daily to detect leaks or tears and to identify when materials need to be removed. o Dispose of materials properly. The preferred method is to allow the water to evaporate and to recycle the hardened concrete. Full service companies may provide dewatering services and should dispose of wastewater properly. Concrete wash water can be highly polluted. It should not be discharged to any surface water, storm sewer system, or allowed to infiltrate into the ground in the vicinity of waterbodies. Washwater should not be discharged to a sanitary sewer system without first receiving written permission from the system operator.  Establish Proper Equipment/Vehicle Fueling and Maintenance Practices. Create a clearly designated on-site fueling and maintenance area that is clean and dry. The on-site fueling area should have a spill kit, and staff should know how to use it. If possible, conduct vehicle fueling and maintenance activities in a covered area. Consider the following practices to help prevent the discharge of pollutants to stormwater from equipment/vehicle fueling and maintenance. Include the locations of designated fueling and maintenance areas and inspection and maintenance procedures in the SWMP. o Train employees and subcontractors in proper fueling procedures (stay with vehicles during fueling, proper use of pumps, emergency shutoff valves, etc.). o Inspect on-site vehicles and equipment regularly for leaks, equipment damage, and other service problems. o Clearly designate vehicle/equipment service areas away from drainage facilities and watercourses to prevent stormwater run-on and runoff. o Use drip pans, drip cloths, or absorbent pads when replacing spent fluids. o Collect all spent fluids, store in appropriate labeled containers in the proper storage areas, and recycle fluids whenever possible.  Control Equipment/Vehicle Washing and Allowable Non-Stormwater Discharges. Implement practices to prevent contamination of surface and groundwater from equipment and vehicle wash water. Representative practices include: o Educate employees and subcontractors on proper washing procedures. o Use off-site washing facilities, when available. o Clearly mark the washing areas and inform workers that all washing must occur in this area. o Contain wash water and treat it using BMPs. Infiltrate washwater when possible, but maintain separation from drainage paths and waterbodies. Good Housekeeping Practices (GH) MM-3 November 2010 Urban Drainage and Flood Control District GH-5 Urban Storm Drainage Criteria Manual Volume 3 o Use high-pressure water spray at vehicle washing facilities without detergents. Water alone can remove most dirt adequately. o Do not conduct other activities, such as vehicle repairs, in the wash area. o Include the location of the washing facilities and the inspection and maintenance procedures in the SWMP.  Develop a Spill Prevention and Response Plan. Spill prevention and response procedures must be identified in the SWMP. Representative procedures include identifying ways to reduce the chance of spills, stop the source of spills, contain and clean up spills, dispose of materials contaminated by spills, and train personnel responsible for spill prevention and response. The plan should also specify material handling procedures and storage requirements and ensure that clear and concise spill cleanup procedures are provided and posted for areas in which spills may potentially occur. When developing a spill prevention plan, include the following: o Note the locations of chemical storage areas, storm drains, tributary drainage areas, surface waterbodies on or near the site, and measures to stop spills from leaving the site. o Provide proper handling and safety procedures for each type of waste. Keep Material Safety Data Sheets (MSDSs) for chemical used on site with the SWMP. o Establish an education program for employees and subcontractors on the potential hazards to humans and the environment from spills and leaks. o Specify how to notify appropriate authorities, such as police and fire departments, hospitals, or municipal sewage treatment facilities to request assistance. Emergency procedures and contact numbers should be provided in the SWMP and posted at storage locations. o Describe the procedures, equipment and materials for immediate cleanup of spills and proper disposal. o Identify personnel responsible for implementing the plan in the event of a spill. Update the spill prevention plan and clean up materials as changes occur to the types of chemicals stored and used at the facility. MM-3 Good Housekeeping Practices (GH) GH-6 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 Spill Prevention, Control, and Countermeasure (SPCC) Plan Construction sites may be subject to 40 CFR Part 112 regulations that require the preparation and implementation of a SPCC Plan to prevent oil spills from aboveground and underground storage tanks. The facility is subject to this rule if it is a non-transportation-related facility that:  Has a total storage capacity greater than 1,320 gallons or a completely buried storage capacity greater than 42,000 gallons.  Could reasonably be expected to discharge oil in quantities that may be harmful to navigable waters of the United States and adjoining shorelines. Furthermore, if the facility is subject to 40 CFR Part 112, the SWMP should reference the SPCC Plan. To find out more about SPCC Plans, see EPA's website on SPPC at www.epa.gov/oilspill/spcc.htm. Reporting Oil Spills In the event of an oil spill, contact the National Response Center toll free at 1-800-424- 8802 for assistance, or for more details, visit their website: www.nrc.uscg.mil. Maintenance and Removal Effective implementation of good housekeeping practices is dependent on clear designation of personnel responsible for supervising and implementing good housekeeping programs, such as site cleanup and disposal of trash and debris, hazardous material management and disposal, vehicle and equipment maintenance, and other practices. Emergency response "drills" may aid in emergency preparedness. Checklists may be helpful in good housekeeping efforts. Staging and storage areas require permanent stabilization when the areas are no longer being used for construction-related activities. Construction-related materials, debris and waste must be removed from the construction site once construction is complete. Design Details See the following Fact Sheets for related Design Details: MM-1 Concrete Washout Area MM-2 Stockpile Management SM-4 Vehicle Tracking Control Design details are not necessary for other good housekeeping practices; however, be sure to designate where specific practices will occur on the appropriate construction drawings. Silt Fence (SF) SC-1 November 2010 Urban Drainage and Flood Control District SF-1 Urban Storm Drainage Criteria Manual Volume 3 Photograph SF-1. Silt fence creates a sediment barrier, forcing sheet flow runoff to evaporate or infiltrate. Description A silt fence is a woven geotextile fabric attached to wooden posts and trenched into the ground. It is designed as a sediment barrier to intercept sheet flow runoff from disturbed areas. Appropriate Uses A silt fence can be used where runoff is conveyed from a disturbed area as sheet flow. Silt fence is not designed to receive concentrated flow or to be used as a filter fabric. Typical uses include:  Down slope of a disturbed area to accept sheet flow.  Along the perimeter of a receiving water such as a stream, pond or wetland.  At the perimeter of a construction site. Design and Installation Silt fence should be installed along the contour of slopes so that it intercepts sheet flow. The maximum recommended tributary drainage area per 100 lineal feet of silt fence, installed along the contour, is approximately 0.25 acres with a disturbed slope length of up to 150 feet and a tributary slope gradient no steeper than 3:1. Longer and steeper slopes require additional measures. This recommendation only applies to silt fence installed along the contour. Silt fence installed for other uses, such as perimeter control, should be installed in a way that will not produce concentrated flows. For example, a "J-hook" installation may be appropriate to force runoff to pond and evaporate or infiltrate in multiple areas rather than concentrate and cause erosive conditions parallel to the silt fence. See Detail SF-1 for proper silt fence installation, which involves proper trenching, staking, securing the fabric to the stakes, and backfilling the silt fence. Properly installed silt fence should not be easily pulled out by hand and there should be no gaps between the ground and the fabric. Silt fence must meet the minimum allowable strength requirements, depth of installation requirement, and other specifications in the design details. Improper installation of silt fence is a common reason for silt fence failure; however, when properly installed and used for the appropriate purposes, it can be highly effective. Silt Fence Functions Erosion Control No Sediment Control Yes Site/Material Management No SC-1 Silt Fence (SF) SF-2 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 Photograph SF-2. When silt fence is not installed along the contour, a "J-hook" installation may be appropriate to ensure that the BMP does not create concentrated flow parallel to the silt fence. Photo courtesy of Tom Gore. Maintenance and Removal Inspection of silt fence includes observing the material for tears or holes and checking for slumping fence and undercut areas bypassing flows. Repair of silt fence typically involves replacing the damaged section with a new section. Sediment accumulated behind silt fence should be removed, as needed to maintain BMP effectiveness, typically before it reaches a depth of 6 inches. Silt fence may be removed when the upstream area has reached final stabilization. Silt Fence (SF) SC-1 November 2010 Urban Drainage and Flood Control District SF-3 Urban Storm Drainage Criteria Manual Volume 3 SC-1 Silt Fence (SF) SF-4 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 Sediment Control Log (SCL) SC-2 November 2010 Urban Drainage and Flood Control District SCL-1 Urban Storm Drainage Criteria Manual Volume 3 Photographs SCL-1 and SCL-2. Sediment control logs used as 1) a perimeter control around a soil stockpile; and, 2) as a "J-hook" perimeter control at the corner of a construction site. Description A sediment control log is a linear roll made of natural materials such as straw, coconut fiber, or other fibrous material trenched into the ground and held with a wooden stake. Sediment control logs are also often referred to as "straw wattles." They are used as a sediment barrier to intercept sheet flow runoff from disturbed areas. Appropriate Uses Sediment control logs can be used in the following applications to trap sediment:  As perimeter control for stockpiles and the site.  As part of inlet protection designs.  As check dams in small drainage ditches. (Sediment control logs are not intended for use in channels with high flow velocities.)  On disturbed slopes to shorten flow lengths (as an erosion control).  As part of multi-layered perimeter control along a receiving water such as a stream, pond or wetland. Sediment control logs work well in combination with other layers of erosion and sediment controls. Design and Installation Sediment control logs should be installed along the contour to avoid concentrating flows. The maximum allowable tributary drainage area per 100 lineal feet of sediment control log, installed along the contour, is approximately 0.25 acres with a disturbed slope length of up to 150 feet and a tributary slope gradient no steeper than 3:1. Longer and steeper slopes require additional measures. This recommendation only applies to sediment control logs installed along the contour. When installed for other uses, such as perimeter control, it should be installed in a way that will not produce concentrated flows. For example, a "J-hook" installation may be appropriate to force runoff to pond and evaporate or infiltrate in multiple areas rather than concentrate and cause erosive conditions parallel to the BMP. Sediment Control Log Functions Erosion Control Moderate Sediment Control Yes Site/Material Management No SC-2 Sediment Control Log (SCL) SCL-2 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 Although sediment control logs initially allow runoff to flow through the BMP, they can quickly become a barrier and should be installed is if they are impermeable. Design details and notes for sediment control logs are provided in Detail SCL-1. Sediment logs must be properly trenched and staked into the ground to prevent undercutting, bypassing and displacement. When installed on slopes, sediment control logs should be installed along the contours (i.e., perpendicular to flow). Improper installation can lead to poor performance. Be sure that sediment control logs are properly trenched, anchored and tightly jointed. Maintenance and Removal Be aware that sediment control logs will eventually degrade. Remove accumulated sediment before the depth is one-half the height of the sediment log and repair damage to the sediment log, typically by replacing the damaged section. Once the upstream area is stabilized, remove and properly dispose of the logs. Areas disturbed beneath the logs may need to be seeded and mulched. Sediment control logs that are biodegradable may occasionally be left in place (e.g., when logs are used in conjunction with erosion control blankets as permanent slope breaks). However, removal of sediment control logs after final stabilization is typically recommended when used in perimeter control, inlet protection and check dam applications. Sediment Control Log (SCL) SC-2 November 2010 Urban Drainage and Flood Control District SCL-3 Urban Storm Drainage Criteria Manual Volume 3 SC-2 Sediment Control Log (SCL) SCL-4 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 Sediment Control Log (SCL) SC-2 November 2010 Urban Drainage and Flood Control District SCL-5 Urban Storm Drainage Criteria Manual Volume 3 Vehicle Tracking Control (VTC) SM-4 November 2010 Urban Drainage and Flood Control District VTC-1 Urban Storm Drainage Criteria Manual Volume 3 Photograph VTC-1. A vehicle tracking control pad constructed with properly sized rock reduces off-site sediment tracking. Description Vehicle tracking controls provide stabilized construction site access where vehicles exit the site onto paved public roads. An effective vehicle tracking control helps remove sediment (mud or dirt) from vehicles, reducing tracking onto the paved surface. Appropriate Uses Implement a stabilized construction entrance or vehicle tracking control where frequent heavy vehicle traffic exits the construction site onto a paved roadway. An effective vehicle tracking control is particularly important during the following conditions:  Wet weather periods when mud is easily tracked off site.  During dry weather periods where dust is a concern.  When poorly drained, clayey soils are present on site. Although wheel washes are not required in designs of vehicle tracking controls, they may be needed at particularly muddy sites. Design and Installation Construct the vehicle tracking control on a level surface. Where feasible, grade the tracking control towards the construction site to reduce off-site runoff. Place signage, as needed, to direct construction vehicles to the designated exit through the vehicle tracking control. There are several different types of stabilized construction entrances including: VTC-1. Aggregate Vehicle Tracking Control. This is a coarse-aggregate surfaced pad underlain by a geotextile. This is the most common vehicle tracking control, and when properly maintained can be effective at removing sediment from vehicle tires. VTC-2. Vehicle Tracking Control with Construction Mat or Turf Reinforcement Mat. This type of control may be appropriate for site access at very small construction sites with low traffic volume over vegetated areas. Although this application does not typically remove sediment from vehicles, it helps protect existing vegetation and provides a stabilized entrance. Vehicle Tracking Control Functions Erosion Control Moderate Sediment Control Yes Site/Material Management Yes SM-4 Vehicle Tracking Control (VTC) VTC-2 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 Photograph VTC-2. A vehicle tracking control pad with wheel wash facility. Photo courtesy of Tom Gore. VTC-3. Stabilized Construction Entrance/Exit with Wheel Wash. This is an aggregate pad, similar to VTC-1, but includes equipment for tire washing. The wheel wash equipment may be as simple as hand-held power washing equipment to more advance proprietary systems. When a wheel wash is provided, it is important to direct wash water to a sediment trap prior to discharge from the site. Vehicle tracking controls are sometimes installed in combination with a sediment trap to treat runoff. Maintenance and Removal Inspect the area for degradation and replace aggregate or material used for a stabilized entrance/exit as needed. If the area becomes clogged and ponds water, remove and dispose of excess sediment or replace material with a fresh layer of aggregate as necessary. With aggregate vehicle tracking controls, ensure rock and debris from this area do not enter the public right-of-way. Remove sediment that is tracked onto the public right of way daily or more frequently as needed. Excess sediment in the roadway indicates that the stabilized construction entrance needs maintenance. Ensure that drainage ditches at the entrance/exit area remain clear. A stabilized entrance should be removed only when there is no longer the potential for vehicle tracking to occur. This is typically after the site has been stabilized. When wheel wash equipment is used, be sure that the wash water is discharged to a sediment trap prior to discharge. Also inspect channels conveying the water from the wash area to the sediment trap and stabilize areas that may be eroding. When a construction entrance/exit is removed, excess sediment from the aggregate should be removed and disposed of appropriately. The entrance should be promptly stabilized with a permanent surface following removal, typically by paving. Vehicle Tracking Control (VTC) SM-4 November 2010 Urban Drainage and Flood Control District VTC-3 Urban Storm Drainage Criteria Manual Volume 3 SM-4 Vehicle Tracking Control (VTC) VTC-4 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 Vehicle Tracking Control (VTC) SM-4 November 2010 Urban Drainage and Flood Control District VTC-5 Urban Storm Drainage Criteria Manual Volume 3 SM-4 Vehicle Tracking Control (VTC) VTC-6 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 APPENDIX D Reporting Chemical Spills in Colorado REPORTING ENVIRONMENTAL RELEASES IN COLORADO Hazardous Materials and Waste Management Division (303) 692-3300 January 2009 Purpose of this Guidance This guidance is intended to provide an overview of various reporting requirements for a variety of releases to the environment. Please check all of the possible requirements for reporting. This guidance does not cover all potential release scenarios. This guidance is not intended to modify or replace statutes or regulations, which undergo periodic revisions. In the event of a conflict between this guidance and statutes or regulations, the statutes and regulations govern. Some reporting requirements are complex and overlapping, and this guidance does not go into details of all situations. If a release situation is not described in this guidance, or if clarification is desired, please obtain an official interpretation from the governing agency enforcing the statute or regulation. i Table of Contents Contact Information ...................................................................................................................................... ii Colorado Environmental Release Reporting..................................................................................................1 A. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)...................1 B. Emergency Planning and Community Right-to-Know Act (EPCRA).................................................3 Reportable Quantities Under CERCLA and EPCRA ............................................................................4 Exceptions and Exclusions.....................................................................................................................5 C. Resource Conservation and Recovery Act (RCRA) ............................................................................7 D. Radiation Control .................................................................................................................................9 E. Clean Water Act ...................................................................................................................................9 F. Safe Drinking Water Act ....................................................................................................................10 G. Clean Air Act .....................................................................................................................................10 H. Underground Storage Tanks (USTs) and Aboveground Storage Tanks (ASTs) ...............................11 I. Hazardous Materials Transportation....................................................................................................12 J. Oil and Gas Exploration and Production.............................................................................................15 K. Polychlorinated Biphenyls .................................................................................................................16 Abbreviations & Definitions........................................................................................................................17 ii Contact Information Release Reporting Numbers National Response Center (NRC) 1 (800) 424-8802 24-hour reporting Colorado Environmental Release and Incident Reporting Line 1 (877) 518-5608 24-hour reporting Radiation Incident Reporting Line (303) 877-9757 24-hour reporting Colorado State Patrol (303) 239-4501 24-hour reporting US EPA Region 8 Emergency Response Spill Report Line 1 (800) 227-8914 24-hour reporting Division of Oil and Public Safety (Dept. of Labor and Employment) (303) 318-8547 Fax (303) 318-8546 Oil and Gas Conservation Commission (Dept. of Natural Resources) (303) 894-2100 Division of Reclamation, Mining and Safety (Dept. of Natural Resources) (303) 866-3567 Colorado Public Utilities Commission Gas Pipeline Safety Section (303) 894-2851 (Dept. of Regulatory Agencies) Local Emergency Planning Committee (Dept. of Local Affairs) (720) 852-6603 Business hours only - to obtain a list of LEPC contacts Colorado Department of Public Health and Environment Mailing Address: Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246-1530 Office Hours: Monday – Friday, except holidays 8:00 am – 5:00 pm Environmental Divisions Air Pollution Control Division (303) 692-3100 Website http://www.cdphe.state.co.us/ap/ Email comments.apcd@state.co.us Consumer Protection Division (303) 692-3620 Website http://www.cdphe.state.co.us/cp/ Email comments.cpd@state.co.us Hazardous Materials and Waste Management Division (303) 692-3300 Website http://www.cdphe.state.co.us/hm/ Email comments.hmwmd@state.co.us Water Quality Control Division (303) 692-3500 Website http://www.cdphe.state.co.us/wq/ Email comments.wqcd@state.co.us Reporting Environmental Releases in Colorado January 2009 Colorado Environmental Release Reporting Additional reporting requirements may be found in permits, licenses, registrations, contingency and pollution prevention plans, fire codes, and local ordinances. When a release of a hazardous material or other substance occurs to the environment, there are a number of reporting and notification requirements that must be followed by the company or individual responsible for the release. Environmental releases must be reported to the appropriate authorities so that necessary response actions are taken in a timely fashion to ensure maximum protection of human health and the environment. However, taking appropriate and timely response actions do not relieve you of your responsibility to report a release. In addition, the responsible party is always liable for any damages that may result from a release, and is responsible for appropriate clean up actions whether or not the release is required to be reported. There is no penalty for over-reporting, but there are for failing to report a release. If you are unsure if a release needs to be reported, the Colorado Department of Public Health and Environment (the Department) recommends that releases be reported immediately even if the quantity of the release has not yet been determined. Your follow-up report will provide details that explain why the release was or was not reportable. “Release” includes any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance, pollutant, or contaminant. Most spills and releases are covered by more than one reporting requirement, and all requirements must be met. "Environment" is generally defined as any surface water, ground water, drinking water supply, land surface, subsurface strata, or ambient air. Releases into containment devices and those completely contained within a building or other structure are not releases into the environment as long as the hazardous substance does not volatilize into the ambient air or otherwise have the potential to enter the environment (e.g., through the floor or cracks in the floor). Releases of a substance into a storm drain or sewer, or onto a parking lot or roadway, are considered to be releases to the environment. Release reporting requirements are based on the type of material released and/or the situation under which the release occurred. Additional reporting requirements may be found in permits, licenses, registrations, contingency and pollution prevention plans, fire codes, and local ordinances. Please check all of the possible requirements for reporting. Most spills and releases are covered by more than one reporting requirement, and ALL requirements must be met. Enforcement action may be taken against those who fail to provide required notifications or reports. A. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) The Comprehensive Environmental Response, Compensation and Liability Act, commonly known as Superfund or CERCLA, provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. This Act also enabled revision of the National Contingency Plan, which provides the guidelines and 1 Reporting Environmental Releases in Colorado January 2009 procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants. Under CERCLA, the US EPA was directed to establish reporting quantities for all hazardous substances. The term "hazardous substance" is defined in CERCLA Section 101(14). These are defined by reference to substances that are listed or designated under other environmental statutes. They include:  all hazardous air pollutants (HAPs) listed under Section 112(b) of the Clean Air Act (CAA). Radio-nuclides are hazardous substances because EPA designated them generically as hazardous air pollutants under Section 112(b) of the Clean Air Act. Even though the source of their listing is the Clean Air Act, releases of radionuclides to all media, not just to air, are covered by CERCLA's reporting requirements.  toxic pollutants that are subject to pretreatment standards under Section 307(a) of the Clean Water Act (CWA) and toxic pollutants that present an imminent danger to public health when discharged to waters of the United States as designated under Section 311(b)(2)(A) of the Clean Water Act. All Clean Water Act hazardous substances are CERCLA hazardous substances, but only some CERCLA hazardous substances are Clean Water Act hazardous substances.  wastes that are regulated as listed and/or characteristic hazardous wastes under the Resource Conservation and Recovery Act (RCRA). This includes thousands of hazardous wastes that are not specifically listed but that exhibit one or more of the characteristics of ignitability, reactivity, corrosivity or toxicity. A material is considered to be a release of a CERCLA hazardous substance if the material was a waste prior to release, or if the substance is not cleaned up for reuse and thus must be disposed of as a RCRA hazardous waste after release. Report releases at or above the reportable quantity (RQ) within 24 hours:  Hazardous air pollutants under Section 112(b) of Clean Air Act  Toxic pollutants under Section 307(a) or under Section 311(b)(2)(A) of Clean Water Act  RCRA hazardous wastes  Elements, compounds or substances under Section 102 of CERCLA  any element, compound, mixture solution or substance designated under Section 102 of CERCLA that may present substantial danger to public health or welfare or the environment.  any imminently hazardous chemical substance or mixture that EPA has taken action against under Section 7 of the Toxic Substances Control Act (TSCA). Any hazardous chemical substance or mixture that EPA has taken action against under this Act would automatically become a hazardous substance. To date, EPA hasn't designated any hazardous substances under the Toxic Substances Control Act. The person in charge of a facility or vessel must immediately report a release to the National Response Center (NRC) as soon as they have knowledge of a release to the environment of a CERCLA hazardous substance at or above the reportable quantity assigned to that substance within a 24-hour period. If the release is a mixture or solution of hazardous substances, it must be reported if the reportable quantity for any hazardous constituents is met or exceeded. If the responsible party doesn't know the quantity of one or more of the hazardous constituents contained in a mixture or solution, they must report the release if the total amount of the mixture or solution released equals or exceeds the reportable quantity for the hazardous constituent with the lowest reportable quantity. Reporting is also required if a non-CERCLA substance is released into the environment and rapidly Reporting Environmental Releases in Colorado January 2009 These notification and reporting requirements are included in 40 CFR Part 302. A list of CERCLA hazardous substances is included in Table 302.4 of these regulations. B. Emergency Planning and Community Right-to-Know Act (EPCRA) The Superfund Amendments and Reauthorization Act of 1986 reauthorized the Comprehensive Response, Compensation and Liability Act to continue cleanup activities around the country. Several amendments, definitions, clarifications and technical requirements were added to the legislation, including additional enforcement authorities. Title III of the Superfund Amendments also authorized the Emergency Planning and Community Right-to-Know Act (EPCRA), which established the community's right to information about the chemicals that are stored, used at and/or released from local facilities. It also established a framework for developing emergency plans for responding to releases and reporting requirements for facilities. A list of EPCRA threshold planning quantities (TPQ) is included in 40 CFR Part 355 Appendices A & B. Under this Act, owners or operators of facilities at which a hazardous substance or extremely hazardous substance is produced, used or stored must provide immediate notification to the National Response Center (NRC), the State Emergency Response Commission (SERC) and the affected Local Emergency Planning Committee (LEPC) when there is a release of a hazardous substance or extremely hazardous substance with the potential to affect off-site persons that equals or exceeds its reportable quantity within a 24-hour period. If the release is an EPCRA extremely hazardous substance, but not a CERCLA hazardous substance, then only the SERC and LEPC need to be notified. Note – there may be more than one SERC and/or LEPC potentially affected by a release. Don’t wait until there is a release to contact the SERC and LEPC(s) to ensure that the correct contacts will be made in the event of a spill. For a list of LEPCs, contact the Colorado Department of Local Affairs. The owner or operator of the facility must report a release as soon as they know about it. In addition to immediate telephone notification, the responsible party must also send a follow-up written report as soon as practicable after the release to both the State Emergency Response Commission (in this case, to the Colorado Department of Public Health and Environment) and the Local Emergency Planning Committee. This report must describe the release, associated response actions taken, and any known or anticipated health risks associated with the release. A table of CERCLA reportable quantities (RQ) isincludedin40CFRSection 302.4. Although EPCRA requires notification only for releases that have the potential to affect persons beyond the facility boundary, EPA and the Colorado Department of Public Health and Environment strongly encourage facilities to report onsite releases if there is ANY potential for the release to migrate offsite. The burden of proof is on the facility to show that any release into the environment of a reportable quantity or more of a hazardous substance or extremely hazardous substance has NO POTENTIAL for offsite migration (e.g., via groundwater, the wind or getting tracked offsite by workers and vehicles). The State Emergency Response Commission (SERC) in Colorado is called the Colorado Emergency Planning Commission (CEPC). It consists of representatives of the Colorado Department of Public Health and Environment – Hazardous Materials and Waste Management Division, the Colorado Department of Local Affairs – Colorado Division of Emergency Management and the Division of Local Government, the Colorado Department of Public Safety – 3 Reporting Environmental Releases in Colorado January 2009 Fire Safety Division, and the Colorado State Patrol. The Commission also includes representatives of affected industries, local governments, public interest or community groups and the Local Emergency Planning Committee (LEPC) community. The Colorado Department of Public Health and Environment represents the Commission for reporting purposes. Reportable Quantities Under CERCLA and EPCRA All reportable quantities are listed in pounds (except radionuclides, which are in curies). Congress established a one pound reportable quantity for all hazardous substances and extremely hazardous substances until EPA could evaluate each substance and adjust the reportable quantity to a level more appropriate for the substance. During this assessment, each hazardous substance was evaluated for six primary criteria: aquatic toxicity, mammalian toxicity, ignitability, reactivity, chronic toxicity, and potential carcinogenicity. Reportable quantities for CERCLA hazardous substances are listed in 40 CFR Section 302.4. EPCRA extremely hazardous substances that are also hazardous substances under CERCLA have the same reportable quantity that is applicable under CERCLA. If not also listed as a CERCLA hazardous substance, extremely hazardous substances have a reportable quantity equal to the EPCRA threshold planning quantity (TPQ) for that substance. The threshold planning quantity is the quantity designated for each chemical in 40 CFR Part 355 Appendices A and B that triggers notification by facilities to the State Emergency Response Commission that those facilities are subject to emergency planning requirements. For convenience, reportable quantities for hazardous substances and extremely hazardous substances can also be found in the EPA List of Lists (EPA 550-B-01-003). Bear in mind that because this document is only updated periodically, it may not contain recently added substances. EPCRA extremely hazardous substances that are also CERCLA hazardous substances have the same RQ as under CERCLA. EPCRA extremely hazardous substances that are not listed under CERCLA have an RQ equal to their TPQ under EPCRA. All concurrent releases of the same substance from a single facility must be combined to determine if a reportable quantity has been met or exceeded. Releases of different substances from a single facility should not be combined for purposes of determining if the releases need to be reported. Rather, each substance should be evaluated separately to determine if one or more reportable quantities have been met or exceeded. For example, spilling a mixture containing half the reportable quantity of one hazardous substance and half the reportable quantity of another hazardous substance does not trigger the reporting requirement. Releases from separate facilities should be treated as separate releases and should not be combined to determine if a reportable quantity has been met or exceeded. Mixtures Most hazardous substances and extremely hazardous substances are not used or stored in pure form, but are mixtures or solutions. If a mixture of hazardous substances or extremely hazardous substances is released and the concentration of all hazardous substances and extremely hazardous substances in the mixture is known, then you must calculate the amount of each hazardous substance and extremely hazardous substance that has been released. If there is more than one hazardous substance or extremely hazardous substance in a mixture, you must check the reportable quantity for each substance. The release must be reported if the reportable quantity for any 4 Reporting Environmental Releases in Colorado January 2009 hazardous substance or extremely hazardous substance has been met or exceeded. If the concentrations of the hazardous substances or extremely hazardous substances in the mixture are not known, then the release must be reported when the total amount of the mixture released equals or exceeds the reportable quantity for the constituent with the lowest reportable quantity. Radionuclides Releases of radionuclides in a mixture are additive. These releases are subject to reporting:  if each radionuclide in a released mixture or solution is known, then the ratio between the quantity released and the reportable quantity for the radionuclide must be determined for each radionuclide. If the sum of the ratios for the radionuclides in the mixture or solution released is equal to or greater than one, it must be reported.  if all of the radionuclides in the mixture are known but the quantity released of one or more of the radionuclides is unknown, it must be reported if the total quantity released is equal to or greater than the lowest reportable quantity of any one radionuclide in the mixture.  if one or more radionuclides in the mixture is unknown, it must be reported if the total quantity released is equal to or greater than either one curie or the lowest reportable quantity of any of the known radionuclides in the mixture (whichever is lower). Exceptions and Exclusions Petroleum Products A release of a petroleum product containing a reportable quantity of an EPCRA extremely hazardous substance is reportable. Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), petroleum products are excluded from the definition of hazardous substance. "Petroleum product" includes crude oil, any fraction of crude oil that is not specifically listed as a hazardous substance, natural and synthetic gases, and mixtures of natural and synthetic gases. EPA interprets petroleum as including those amounts of hazardous substances, like benzene, that are indigenous to crude oil or its fractions or that are normally added during the refining process. Hazardous substances added to the petroleum or increased in concentration solely as a result of contamination during use are not included in the petroleum exclusion. Unlike the petroleum exclusion under CERCLA, extremely hazardous substances that are naturally occurring in petroleum products or that are normally added during refining are subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA). Therefore, a release of a petroleum product containing a reportable quantity of one or more extremely hazardous substances is reportable to the Colorado Emergency Planning Commission (CERC) and the Local Emergency Planning Committee (LEPC) if a reportable quantity is met or exceeded. Note: releases of oil and petroleum to water are also covered under the Clean Water Act (Section E of this document). Releases of petroleum from regulated storage tanks are covered under the Colorado storage tank regulations (Section H of this document). The responsible party is always responsible for appropriate clean up actions whether or not the release is required to be reported. 5 Reporting Environmental Releases in Colorado January 2009 Metals Under normal handling and use, solid forms of most metals present few health hazards. Metal fines and metal dust may cause irritation of the eyes, skin, and respiratory system, and fine particles of certain metals, including antimony, arsenic, beryllium, cadmium, chromium, copper, lead, nickel, selenium, silver, thallium, or zinc, dispersed in the air can be an explosion and/or health hazard. EPA has determined that releases of these metals with particles larger than 100 micrometers would not normally require response action due to the unlikely inhalation of such large particles. However, notification of the release of a reportable quantity of antimony, arsenic, beryllium, cadmium, chromium, copper, lead, nickel, selenium, silver, thallium, or zinc is required if the mean diameter of the particles released is less than 100 micrometers (0.004 inches). An exception to this is a release of a metal classified as a radionuclide, which does not qualify for this exemption even if the particles meet the size criteria. Naturally Occurring Radionuclides Notification of the release of naturally occurring radionuclides from large land holdings, like parks or golf courses, is not required. EPA broadened this exemption to include land containing ore reserves even if the undisturbed ores contain elevated natural concentrations of radionuclides, and to land disturbance activities including farming, construction, and disturbance incidental to extraction activities at all mines except uranium, phosphate, tin, zircon, hafnium, vanadium, monazite, and rare earth mines. Land disturbance incidental to extraction activities includes land clearing, overburden removal and stockpiling, and excavating, handling, transporting and storing ores and other raw materials. Land disturbance incidental to extraction also includes replacing materials in mined-out areas as long as those materials have not been processed and don't contain elevated radionuclide concentrations. Notification of the release of naturally occurring radionuclides from sites where coal and coal ash (fly ash, bottom ash, boiler slag) are stored or disposed is also not required. Federally Permitted Releases Releases that are regulated under one or more of the following programs are exempt from CERCLA and EPCRA reporting requirements:  permitted discharges under the National Pollutant Discharge Elimination System (NPDES);  permitted dredge and fill discharges under Section 404 of the Clean Water Act;  permitted and interim status hazardous waste units under the Resource Conservation and Recovery Act;  permitted discharges under the Marine Protection, Research and Sanctuaries Act;  permitted injection of fluids under the Underground Injection Control (UIC) program in accordance with the Safe Drinking Water Act;  air emissions subject to permit or control regulations under the Clean Air Act;  permitted or allowed injection of fluids to develop crude oil or natural gas supplies;  discharges of contaminants to Publicly Owned Treatment Works (POTW) if in compliance with pretreatment requirements under the Clean Water Act;  releases of certain nuclear materials if in compliance with a license, permit, regulation or order issued in accordance with the Atomic Energy Act. Registered Pesticides The normal application of a pesticide product registered under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) is exempt from CERCLA and EPCRA reporting. This exemption includes the handling and storage of the product by an agricultural producer, but does not include 6 Reporting Environmental Releases in Colorado January 2009 any spills of the pesticide. Pesticide spills are reportable if the amount spilled meets or exceeds the reportable quantity. Continuous Releases A continuous release is a release that occurs without interruption or abatement or that is routine, anticipated, intermittent, and incidental to normal operations or treatment processes. When a release of this type occurs, officials do not have to be notified each time. Instead, the facility can report it as a continuous release to the National Response Center, the Colorado Emergency Planning Commission and the Local Emergency Planning Committee(s) by telephone. This should be followed by a written report submitted to EPA Region 8, the Colorado Department of Public Health and Environment and the Local Emergency Planning Committee within 30 days of the initial telephone call. The written report should provide information about the source, composition, and normal range of the release. Periodic follow-up reports may also be required. Any release that exceeds the normal range (called a “statistically significant increase”) must be reported immediately to the National Response Center, the Colorado Department of Public Health and Environment and the Local Emergency Planning Committee as if they were new release events. The normal range is determined by the amount of a hazardous substance released over any 24-hour period under normal operating conditions during the preceding year. Only releases that are both continuous and stable in quantity and rate can be included in the normal range. Continuous release of an extremely hazardous substance that is not a CERCLA hazardous substance need only be reported to the Colorado Department of Public Health and Environment and the Local Emergency Planning Committee. A written report should also be sent to these two agencies within 30 days and any statistically significant increases in the release should be reported to both agencies. Periodic follow-up reports may also be required. C. Resource Conservation and Recovery Act (RCRA) All Resource Conservation and Recovery Act (RCRA) listed and characteristic hazardous wastes are designated as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). For more information on listed and characteristic hazardous wastes, please review the Hazardous Waste Identification Guidance Document from the Hazardous Materials and Waste Management Division (http://www.cdphe.state.co.us/hm/hwid.pfd). The reportable quantity for F- and K-listed hazardous wastes is based on the hazardous waste code. If the composition and concentrations of all included constituents is not known, the reportable quantity would be as listed for the waste code in 40 CFR Section 302.4. If the waste is analyzed and the concentrations of ALL of its hazardous constituents are identified, then reportable quantities of the specific constituents can be used to determine when reporting is required. For example, if a release of an F005 listed hazardous waste occurred and the concentrations of the constituents making up the waste were unknown, the reportable quantity would be 100 pounds. If it were known that the F005 waste was comprised of 50% toluene (reportable quantity 1000 pounds) and 50% methyl ethyl ketone (reportable quantity 5000 pounds), then the release would be reported when 2000 pounds of the mixture were released. [Since the reportable quantity for toluene is less than that for methyl ethyl ketone, the amount of toluene released will determine when the release must be reported. Since the mixture is 50% toluene, it would take 2000 pounds of the mixture to meet the reportable quantity of 1000 pounds for toluene.] 7 Reporting Environmental Releases in Colorado January 2009 P- and U-listed hazardous wastes are reported based on the reportable quantity for the hazardous substance that the waste is listed for. For example, the reportable quantity for hazardous waste code U122 (formaldehyde) is 100 pounds. For the purposes of release reporting, it doesn't matter if the formaldehyde is used or unused or is the "sole active ingredient" in order to be reportable. (Related note: Colorado's hazardous waste regulations (6 CCR 1007-3) do not include the footnote regarding sole active ingredients. In Colorado, chemicals may have more than one active ingredient and still meet the listing description.) All RCRA listed and characteristic hazardous wastes are designated as hazardous substances under CERCLA. Unlisted hazardous wastes exhibiting the characteristics of ignitability, corrosivity and/or reactivity have a reportable quantity of 100 pounds unless the concentrations of all the constituents in the waste are known. If the waste is analyzed and the concentrations of ALL its hazardous constituents are identified, the reportable quantities of the specific constituents should be used to determine when reporting is required. For example, a corrosive-only waste of unknown composition has a reportable quantity of 100 pounds. If the waste is analyzed to determine that it was a 50% solution of hydrochloric acid in water, then the reportable quantity of the solution would be 10,000 pounds. [The reportable quantity for hydrochloric acid is 5000 pounds. Therefore it would take 10,000 pounds of the 50% solution to meet the reportable quantity for hydrochloric acid.] Unlisted hazardous wastes that exhibit toxicity have reportable quantities specific to the constituent on which the characteristic of toxicity is based. The reportable quantity applies to the waste itself, not just to the toxic contaminant. If an unlisted hazardous waste exhibits toxicity on the basis of more than one contaminant, the reportable quantity for the waste is the lowest of the reportable quantities for those contaminants. For example, if a waste exhibits toxicity characteristics for the heavy metals lead (D008) and selenium (D010), with reportable quantities of 10 and 100 pounds respectively, the reportable quantity would be 10 pounds of the waste, or the lower of the two reportable quantities. If a waste exhibits a toxicity characteristic and one or more other hazardous waste characteristics, the reportable quantity for that waste is the lowest of the applicable reportable quantities. These notification and reporting requirements are included in 40 CFR Part 302. Permitted and Interim Status Treatment, Storage and Disposal Facilities and Large Quantity Generators of Hazardous Waste Large quantity generators of hazardous waste and hazardous waste treatment, storage and disposal facilities (TSDF) are required to have and implement a contingency plan that describes the actions facility personnel must take in response to fires, explosions, or any unplanned sudden or non- sudden release of hazardous waste or hazardous waste constituents to air, soil, surface water or groundwater at the facility. Whenever there is an imminent or actual emergency situation, appropriate State and local agencies with designated response roles as described in the contingency plan must be notified immediately. Appropriate local authorities and the National Response Center or government official designated as the regional on-scene coordinator must be notified immediately if the facility's emergency coordinator determines that the facility has had a release, fire, or explosion that could threaten human health or the environment outside the facility. A treatment, storage, and disposal facility's permit generally requires reporting to the Colorado Department of Public Health and Environment – Hazardous Materials and Waste Management Division of any release, fire or explosion, even if the amount of the release is less than an otherwise reportable quantity. 8 Reporting Environmental Releases in Colorado January 2009 The Department and local authorities must be notified when the facility is back in compliance and ready to resume operations. In addition, the facility must send a written report to both the EPA Regional Administrator and the Colorado Department of Public Health and Environment within 15 days of any incident that requires implementation of the facility contingency plan. In the case of a release of hazardous waste stored in tanks, the facility must notify the Hazardous Materials and Waste Management Division within 24 hours of a release to the environment of more than one pound. A leak or spill of hazardous waste that is less than or equal to one pound from a tank or tank system does not need to be reported if the release is immediately contained and cleaned up. Within 30 days of the release, a written report must be submitted to the Division. These notification and reporting requirements are included in 6 CCR 1007-3 Sections 264.56 and 265.56 and Sections 264.196(d) and 265.196(d). D. Radiation Control Releases of radionuclides are reportable under CERCLA. The state of Colorado has specific reporting requirements for stolen, lost or missing licensed or registered sources of radiation. Each licensee or registrant must report to the Colorado Department of Public Health and Environment by telephone in the event of lost, stolen or missing licensed or registered radioactive materials, a lost, stolen, or missing radiation machine, releases of radioactive materials, contamination events, and fires or explosions involving radioactive materials. Incidents should be reported to the Radiation Incident Reporting Line. Based on the severity of the event, notification may be required immediately, within 24 hours or within 30 days. A follow-up written report must also be submitted to the Department within 30 days of initial notification. The licensee must also report any additional substantive information regarding a loss or theft incident within 30 days after learning of such information. These release and notification requirements are contained in 6 CCR 1007-1 Sections 4.51 - 4.53. E. Clean Water Act The Clean Water Act (CWA) requires the person in charge of a facility or vessel to make an immediate report to the National Response Center of discharges of harmful quantities of oil to navigable waters as soon as they have knowledge of the release. In this case, oil means oil of any kind or in any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Discharges of oil that violate applicable water quality standards and those that cause a film, sheen or discoloration of the surface of the water or adjoining shorelines, or cause a sludge or emulsion to be deposited beneath the surface of the water or on adjoining shorelines must be reported. In effect, this means that any discharge of oil to waters of the United States must be reported to the National Response Center. These release and notification requirements are contained in 40 CFR Part 110. The Clean Water Act (CWA) also requires the person in charge of a facility or vessel to report to the National Response Center the discharge of a designated hazardous substance from the vessel or facility to waters of the United States in quantities that equal or exceed the reportable quantity as soon as they have knowledge of the release. Under the Act, the US EPA was directed to establish reporting quantities for all hazardous substances listed in Table 116.4 A and B (40 CFR Part 116), which were designated as hazardous substances in accordance with Section 311(b)(2)(A) of the 9 Reporting Environmental Releases in Colorado January 2009 Clean Water Act. This designation includes any isomers and hydrates as well as any solutions and mixtures containing these substances. Each of these substances is included in the CERCLA list of hazardous substances (40 CFR Part 302 Table 302.4) and is assigned the reportable quantity listed in Table 302.4 for that substance. These release and notification requirements are contained in 40 CFR Parts 116 and 117. Under the Clean Water Act, anyone that has a National Pollutant Discharge Elimination System (NPDES) permit must report to the National Response Center within 24 hours of becoming aware of any unanticipated bypasses or upsets that cause an exceedance of the effluent limits in their permit and any violation of their maximum daily discharge limits for any pollutant listed in the permit. A written report must be provided within five days. Other instances of noncompliance must be reported when monitoring reports are submitted. The Clean Water Act also requires all industrial users of Publicly Owned Treatment Works (POTWs) to notify their treatment plant immediately if they have a discharge that could cause problems at the treatment plant. These notification and reporting requirements are included in 40 CFR Parts 122 and 403. State Requirements A spill of any chemical, oil, petroleum product, sewage, etc., which may enter waters of the state of Colorado (which include surface water, ground water, and dry gullies and storm sewers leading to surface water) must be reported immediately to the Colorado Department of Public Health and Environment. Any accidental discharge to the sanitary sewer system must be reported immediately to the local sewer authority and the affected wastewater treatment plant. If a release occurs at a mining operation, the Division of Reclamation, Mining and Safety should also be notified. For more information regarding State reporting requirements under 25-8-601(2) CRS, please refer to the “Guidance for Reporting Spills under the Colorado Water Quality Control Act and Colorado Discharge Permits” adopted by the Water Quality Control Division. This policy is available at http://www.cdphe.state.co.us/op/wqcc/Resources/Guidance/spillguidance.pdf. F. Safe Drinking Water Act The owner or operator of a public water system (community water systems, non-transient non- community water systems, and transient non-community water systems) must immediately report any credible threat to the water supply system to the Colorado Environmental Release and Incident Reporting Line and to the local emergency manager. The local emergency manager may be the county sheriff or a member of the fire department. A list of local emergency managers is available from the Colorado Department of Local Affairs. G. Clean Air Act Hazardous air pollutants (HAPs) listed in Section 112(b) of the Clean Air Act (CAA) are designated as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Hazardous air pollutants are known or suspected to cause cancer or other serious health effects or adverse environmental effects. Health effects can include immunological, neurological, reproductive, developmental, and respiratory problems. In some cases, hazardous air 10 Reporting Environmental Releases in Colorado January 2009 pollutants can be deposited onto soils or other surfaces, where they are taken in by plants and animals and can accumulate in organic tissue or pass up the food chain due to the inability of organisms to process the substance. The release (or air emission) of a hazardous air pollutant that is allowed and less than any limit specified in a facility's air permit is considered to be a federally permitted release. If the facility releases more than is allowed under its air permit within a 24 hour period, the facility must report the release if the quantity released exceeded the facility's permitted level by a reportable quantity or more. For example, if a facility has an air permit that allows the release of 30 pounds of a hazardous substance and that substance has a reportable quantity of 100 pounds, the facility would have to report all releases of 130 pounds or more of that substance. Releases of less than 130 pounds would not need to be reported under CERCLA or EPCRA because even though the facility exceeded its permit limit, the amount released did not exceed the permitted level by its reportable quantity (in this case, 100 pounds) or more. If the air permit does not allow or does not specify the release of a hazardous air pollutant, then releases in excess of the CERCLA / EPCRA reportable quantity for that substance must be reported. Please be aware that other reporting requirements are triggered, however, based on the facility's air permit. The Clean Air Act (CAA) requires that permits for stationary air sources have language requiring prompt reporting of any emergencies, upsets and deviations from what is allowed in the permit. Releases must be reported to the National Response Center and to the Colorado Department of Public Health and Environment. Contact the Air Pollution Control Division for details on additional air-related requirements that may also apply. Hazardous air pollutants are included in the CERCLA list of hazardous substances in 40 CFR Part 302 and are assigned the reportable quantity listed in Table 302.4 for each substance. State Requirements In the case of excess emissions during an emergency or malfunction, the owner or operator must notify the Colorado Department of Public Health and Environment as soon as possible, but no later than noon of the next working day, and provide a written follow-up report to the Air Pollution Control Division by the end of the facility’s next reporting period. These notification and reporting requirements are included in 5 CCR 1001-2 Section II.E and 5 CCR 1001-5, Regulation 3 Part C, Section VII.C. H. Underground Storage Tanks (USTs) and Aboveground Storage Tanks (ASTs) The reportable quantity for petroleum from a regulated storage tank system is 25 gallons. Owners and operators of regulated storage tank systems must report a release or suspected release of regulated substances to the Division of Oil and Public Safety at the Colorado Department of Labor and Employment within 24 hours by telephone or facsimile. If outside normal working hours or on a weekend or holiday and emergency assistance is needed, the release can be reported to the Colorado Environmental Release and Incident Reporting line at the Colorado Department of Public Health and Environment. Any suspected release or release of unknown quantity is a reportable quantity unless the owner/operator can conclusively show the release is less than the reportable quantity for the released substance. 11 Reporting Environmental Releases in Colorado January 2009 Under this program, the reportable quantity for petroleum releases is 25 gallons or more from regulated aboveground and underground storage tank systems, or any amount that causes a sheen on nearby surface water. This is interpreted to include releases from fuel pumps and fuel delivery trucks while connected to the petroleum storage tank system. Releases of less than 25 gallons from regulated petroleum storage tank systems, or a release of a hazardous substance that is less than the CERCLA reportable quantity, do not need to be reported to the Division of Oil and Public Safety if they are immediately contained and cleaned up. If cleanup cannot be accomplished within 24 hours, the Division of Oil and Public Safety must be notified immediately. Spills or releases of hazardous substances in excess of the CERCLA reportable quantity from regulated underground storage tanks must also be reported to the National Response Center and the local fire authority immediately. Any release, regardless of quantity, that has or may impact waters of the state (including surface water, groundwater, dry gullies leading to surface water or storm sewers) must also be reported to the Colorado Environmental Release and Incident Reporting line immediately. These notification and reporting requirements are included in 7 CCR 1101-14 Article 4, 8-20.5-208 CRS and 25-8-601 CRS. I. Hazardous Materials Transportation Highway, Aircraft, Rail and Vessel Federal hazardous materials transportation regulations cover the transportation of hazardous materials by highway, aircraft, rail, and vessel. Transportation includes activities related to transportation like loading, unloading, and temporary storage. "Hazardous material" includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials as defined in 49 CFR Section 171.8, materials designated as hazardous in the Hazardous Materials Table in 49 CFR Section 172.101 and materials that meet the criteria for hazardous classes and division in 49 CFR Part 173. The person in physical possession of the hazardous material during transportation must notify the National Response Center as soon as practical, but not more than 12 hours after an incident, if as a direct result of a hazardous material:  a person is killed or is injured and requires hospitalization,  there is an evacuation of the general public that lasts more than an hour,  a major transportation artery or facility is shut down for an hour or more,  the operational flight pattern or routine of an aircraft is altered,  there is fire, breakage, spillage, or suspected contamination involving a radioactive material,  there is fire, breakage, spillage, or suspected contamination involving an infectious substance other than a regulated medical waste,  there is a release of a marine pollutant in a quantity exceeding 119 gallons for liquids or 882 pounds for solids,  or any situation that, in the judgment of the person in possession of the hazardous material, should be reported even though it doesn't meet the above criteria. Notice of incidents involving an infectious substance may be given to the Director of the Centers for Disease Control and Prevention (1-800-232-0124) instead of notifying the National Response Center. 12 Reporting Environmental Releases in Colorado January 2009 The person in possession of the hazardous material at the time of the incident must submit a written report within 30 days of the incident to the US Department of Transportation. In addition, a written report must be submitted if there is an unintentional release of a hazardous material or the discharge of any quantity of hazardous waste even though verbal notification may not be required. If the incident involves air transportation, a copy of the report must also be submitted to the Federal Aviation Administration Security Field Office nearest the location of the incident. These notification and reporting requirements are included in 49 CFR Sections 171.15 and 171.16. State Requirements The State also has specific requirements for reporting incidents involving hazardous materials or nuclear materials as cargo during transportation. The driver of a motor vehicle involved in a spill of hazardous material from a fuel tank that provides fuel for the vehicle and/or equipment on that vehicle must immediately notify the nearest law enforcement agency. The driver of a vehicle transporting nuclear or hazardous materials as cargo that is involved in a spill, or an incident which may result in a potential spill, must immediately notify the nearest law enforcement agency. As soon as possible after the initial notification of the spill or incident to the nearest law enforcement agency, the driver or a company representative must notify the Colorado State Patrol and the 24- hour Colorado Environmental Release and Incident Reporting Line. In addition, the driver of a motor vehicle transporting nuclear materials as cargo must immediately notify the Colorado State Patrol if the vehicle is involved in a crash, whether or not there is damage to the vehicle. Report releases along a highway to the National Response Center, nearest local law enforcement agency, Colorado State Patrol, and Colorado Environmental Release and Incident Reporting Line. If the incident involves the release of hazardous waste, the transporter must notify the Colorado Department of Public Health and Environment and report the ultimate disposition of the waste to the Department in addition to the notifications above. In the event of a spill of hazardous waste at a transfer facility, the transporter must notify the Colorado Department of Public Health and Environment within 24 hours of a spill exceeding 55 gallons or if there is a fire or explosion. A written report must be sent to the Department within 15 days after the incident. These notification and reporting requirements are included in 8 CCR 1507-25 Parts I and IV and 6 CCR 1007-3 Part 263. Pipelines In Colorado, the US Department of Transportation Office of Pipeline Safety inspects, regulates, and enforces interstate gas pipeline safety requirements. They also inspect, regulate, and enforce both intra- and interstate liquid pipeline safety requirements in this state. Through certification by the Office of Pipeline Safety, the Gas Pipeline Safety Division of the Colorado Public Utilities Commission regulates, inspects, and enforces intrastate gas pipeline safety requirements. Pipeline facilities include transmission, distribution, regulated gathering, master metered, liquefied natural gas, and propane gas systems. Be aware that these regulations are primarily for pipeline safety. Be sure to review other environmental release reporting requirements. Hazardous Liquids and Carbon Dioxide 13 Reporting Environmental Releases in Colorado January 2009 Federal hazardous materials transportation regulations cover the transportation of hazardous liquids and carbon dioxide by pipeline. In this case, hazardous liquid is limited to petroleum, petroleum products, and anhydrous ammonia in a non-gaseous state. Petroleum includes crude oil, condensate, natural gasoline, natural gas liquids, and liquefied petroleum gas. Petroleum product includes flammable, toxic or corrosive products obtained from distilling and processing of crude oil, unfinished oils, natural gas liquids, blend stocks, and other miscellaneous hydrocarbon compounds. As early as practicable following discovery of a release of a hazardous liquid or carbon dioxide from a pipeline system, the operator must notify the National Response Center by telephone if:  a person is killed or is injured and requires hospitalization,  there is a fire or explosion not intentionally set by the operator,  there is estimated property damage (including cost of cleanup and recovery, value of lost product, and damage to property) exceeding $50,000,  there is pollution of any stream, river, reservoir, or other body of water that violated applicable water quality standards, caused a discoloration of the surface of the water or adjoining shoreline, or deposited a sludge or emulsion beneath the surface of the water or adjoining shoreline, or  there is any situation that, in the judgment of the operator, should be reported even though it doesn't meet the above criteria. A written accident report must be submitted to the US Department of Transportation Office of Pipeline Safety as soon as practicable, but not later than 30 days after discovery of a release. A supplemental report must be submitted within 30 days if the operator receives any updates or additions to the information originally reported. These notification and reporting requirements are included in 49 CFR Part 195. Natural Gas and Liquefied Natural Gas Federal hazardous materials transportation regulations also cover the transportation of natural gas by pipeline and activities occurring at a liquefied natural gas (LNG) facility where natural and synthetic gas are liquefied, transferred or stored. As early as practicable following discovery of a release of gas from a pipeline or of liquefied natural gas or gas from a liquefied natural gas facility, but generally not to exceed two hours after discovery, the operator must notify the National Response Center and the Colorado Public Utilities Commission Gas Pipeline Safety Section by telephone if:  a person is killed or is injured and requires hospitalization,  there is estimated property damage (including value of lost product and damage to property) of $50,000 or more,  there is an event that results in an emergency shutdown of a liquefied natural gas facility, or  there is any situation that, in the judgment of the operator, should be reported even though it doesn't meet the above criteria. As early as practicable, but not later than 30 days after discovery and verbal report of a release, the operator must submit a written report to the US Department of Transportation Office of Pipeline Safety. A supplemental report must be submitted within 30 days if the operator receives relevant updates or additions to the information originally reported. 14 Reporting Environmental Releases in Colorado January 2009 These notification and reporting requirements are included in 49 CFR Part 191 and 4 CCR 723-4 Sections 4900 - 4914. State Requirements If there is a leak on a gas pipeline, a liquefied natural gas system, a master meter system, or a propane system that results in the evacuation of 50 or more people from a normally occupied building or results in the closure of a roadway, the operator must contact the Colorado Public Utilities Commission Gas Pipeline Safety Section by telephone within two hours of discovery. This notification requirement is contained in 4 CCR 723-4 Section 4911. J. Oil and Gas Exploration and Production Federal oil and gas lease surface operations are managed by the US Department of the Interior Bureau of Land Management (BLM) in cooperation with the appropriate Federal surface management agency or non-Federal surface owner. On National Forest System lands, the Forest Service has approval authority for the surface use portion of Federal oil and gas operations and for appeals related to Forest Service decisions and approvals. The BLM considers the Bureau of Indian Affairs to be the surface management agency for all Indian lands unless a Tribe has contracted the Bureau of Indian Affairs realty function for its lands. “… All spills or leakages of oil, gas, salt water, toxic liquids or waste materials, blowouts, fires, personal injuries, and fatalities shall be reported by the operator to the BLM and the surface management agency in accordance with the requirements of Notice to Lessees NTL-3A; Reporting of Undesirable Events, and in accordance with any applicable local requirements. The BLM requires immediate reporting of all Class I major events, such as spills of more than 100 barrels of fluid/500 MCF of gas released; fires that consume 100 bbl or more oil or 500 MCF gas; life threatening or fatal injury/loss of well control; release of reportable quantities of hazardous substances; spill, venting, or fire in sensitive areas, such as parks, recreation sites, wildlife refuges, lakes, reservoirs, streams, and urban or suburban areas” … “Volumes discharged during any of the above incidents will be estimated as necessary. Operators must take immediate action to prevent and control spills and the BLM, the surface management agency, and other applicable regulatory authorities must be consulted prior to treating or disposing of wastes and spills. Operators should become familiar with local surface management agency requirements for reporting and managing spills and leaks. …” (BLM “The Gold Book,” Fourth Edition, Revised 2007) State Requirements Spills and releases of Exploration and Production (E&P) waste and produced fluids should be controlled and contained immediately upon discovery. Impacts resulting from spills and releases should be investigated and cleaned up as soon as practicable. If there is a spill or release of more than 20 barrels of E&P waste, it must be verbally reported to the Colorado Oil and Gas Conservation Commission (COGCC) as soon as practicable, but not more than 24 hours after discovery. If there is a spill or release of any size that impacts or The rules and regulations for oil and gas exploration and production have recently been revised. Most of these changes become effective May 1, 2009 on federal land and April 1, 2009 on all other land. 15 Reporting Environmental Releases in Colorado January 2009 16 could impact waters of the state, a residence or an occupied structure, livestock or a public byway, it must be verbally reported to the Colorado Oil and Gas Conservation Commission as soon as practicable, but not more than 24 hours after discovery. Spills or releases of any size that impact or threaten to impact any surface water supply area must be reported to the Colorado Oil and Gas Conservation Commission and to the Colorado Environmental Release and Incident Reporting Line. If the release impacts or threatens to impact a surface water intake, it must be verbally reported to the emergency contact for that facility immediately after discovery. The operator must notify the affected surface owner or their appointed tenant of all reportable spills as soon as practicable, but not more than 24 hours after discovery. Chemical spills and releases must be reported in accordance with all applicable state and federal laws, including the Emergency Planning and community Right-to-Know Act (EPCRA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Oil Pollution Act, and the Clean Water Act. Releases of more than 5 barrels of E&P waste, and all other reportable releases, must also be reported on COGCC Form 19 and submitted to the Colorado Oil and Gas Conservation Commission within 10 days after discovery of the release. These notification requirements are contained in the Colorado Oil and Gas Conservation Commission 900-Series Rules. K. Polychlorinated Biphenyls Polychlorinated biphenyls (PCBs) are managed under the Toxic Substances Control Act. Substances with concentrations greater than or equal to 50 parts per million PCBs are regulated under 40 CFR Part 761, which is implemented by the US Environmental Protection Agency. If a spill of the substance directly contaminates surface water, sewers, drinking water supplies, grazing lands, or vegetable gardens and/or the spill exceeds 10 pounds of PCBs by weight, the responsible party must notify the EPA within 24 hours. In Colorado, contact the Region 8 Emergency Response Spill Report Line. If the spill involves 10 pounds or less of PCBs and does not involve any of these resources, the spill must still be cleaned up, but notification to EPA isn't required. Unless commingled with a hazardous waste, releases of substances containing less than 50 parts per million PCBs are regulated under Colorado's solid waste regulations 6 CCR 1007-2. The solid waste regulations do not have specific release reporting requirements at this time. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) has set the reportable quantity for PCBs at one (1) pound. Any release of oil or other substance containing greater than or equal to one pound of PCBs must be reported to the National Response Center as soon as the release is discovered. In addition, if the release impacts waters of the state of Colorado, the release must be reported as per the Water Quality Control Division’s reporting policy (see “Guidance for Reporting Spills under the Colorado Water Quality Control Act and Colorado Discharge Permits”, http://www.cdphe.state.co.us/op/wqcc/Resources/Guidance/spillguidance.pdf). Reporting Environmental Releases in Colorado January 2009 Abbreviations & Definitions CAA – Clean Air Act CCR – Code of Colorado Regulations CDPHE – Colorado Department of Public Health and Environment CEPC – Colorado Emergency Planning Commission CERCLA – Comprehensive Environmental Response, Compensation and Liability Act CFR – Code of Federal Regulations CRS – Colorado Revised Statues CWA – Clean Water Act EPA – United States Environmental Protection Agency EPCRA – Emergency Planning and Community Right-to-Know Act LEPC – Local Emergency Planning Committee NRC – National Response Center RCRA – Resource Conservation and Recovery Act SERC – State Emergency Response Commission SDWA – Safe Drinking Water Act EPA's List of Lists is a compendium of the lists of chemicals subject to reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and chemicals listed under section 112(r) of the Clean Air Act (CAA). Lists are also provided of Resource Conservation and Recovery Act (RCRA) hazardous wastes and radionuclides reportable under the Comprehensive Environmental Response, Compensation and Liability Act. These lists should be used as reference tools, not as a definitive source of compliance information. Reporting requirements for the Emergency Planning and Community Right-to-Know Act and the Comprehensive Environmental Response, Compensation and Liability Act are published in the Code of Federal Regulations (CFR), 40 CFR Parts 302 and 355 respectively. Compliance information for the Clean Air Act section 112(r) is published in 40 CFR Part 68. The List of Lists is available on the Internet at http://yosemite.epa.gov/oswer/lol.nsf/homepage. Exploration and production (E&P) wastes are associated with operations to locate or remove oil or gas from the ground or to remove the impurities from oil or gas. Extremely Hazardous Substances (EHS) are chemicals that present the most serious hazards during release (in terms of toxicity, reactivity, volatility, combustibility, and flammability) and are regulated under the Emergency Planning and Community Right-To-Know Act (EPCRA). The extremely hazardous substances list consists of approximately 360 substances and is included in EPA’s List of Lists. Facility means any building, equipment, structure, installation, containment structure, pipe, other stationary feature, motor vehicle, rolling stock, or aircraft. Facility also includes any site where a hazardous substance is or has been located. Hazardous Materials are chemicals posing a hazard to human health or the environment when transported (49 USC 5103). They include hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, all materials in the Hazardous Materials Table (49 CFR 172.101), and materials meeting the criteria for hazard classes in part 173 of subchapter C of 49 CFR 172.101. 17 Reporting Environmental Releases in Colorado January 2009 18 Hazardous Substances are chemicals posing a hazard to human health or the environment and are regulated under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The hazardous substance list is included in EPA’s List of Lists. Reportable Quantity (RQ) is a term that applies to the amount of hazardous substances or extremely hazardous substances released within a 24-hour period. Note that the 24-hour period is the time frame for measuring the quantity released, not the time frame for reporting a release. Threshold Planning Quantity (TPQ) is a term that applies to the amount of an extremely hazardous substance that must be present onsite in concentrations greater than 1% by weight of a compound or mixture at which the facility must meet all emergency planning requirements. If not also listed as a CERCLA hazardous substance, extremely hazardous substances have a reportable quantity equal to the threshold planning quantity for that substance. “Waters of the State of Colorado” are any and all surface waters and subsurface waters (groundwater) that are contained in or flow in or through the state of Colorado. This includes lakes, rivers, streams, creeks, wetlands, irrigation ditches, storm drains, livestock ponds, borrow ditches, and dry gullies. This does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, or water withdrawn for use until use and treatment have been completed. APPENDIX F Inactivation and Reassignment Forms Colorado Water Quality Control Division Notice of Termination Construction Stormwater Inactivation Notice www.coloradowaterpermits.com Page 1 of 2 form last revised May 2010 Print or type all information. All items must be filled out completely and correctly. If the form is not complete, it will be returned. All permit terminations dates are effective on the date approved by the Division. MAIL ORIGINAL FORM WITH INK SIGNATURES TO THE FOLLOWING ADDRESS: Colorado Dept of Public Health and Environment Water Quality Control Division 4300 Cherry Creek Dr South, WQCD-P-B2 Denver, CO 80246-1530 FAXED OR EMAILED FORMS WILL NOT BE ACCEPTED. PART A. IDENTIFICATION OF PERMIT Please write the permit certification number to be terminated Permit Certification Number (four digits, not “0000”): COR03 __ __ __ __ PART B. PERMITTEE INFORMATION Company Name Mailing Address City State Zip code Legal Contact Name Phone number Title Email PART C. FACILITY/PROJECT INFORMATION Facility/Project Name Location (address) City County Zip code Local Contact Name Phone number Title Email COLORADO WATER QUALITY CONTROL DIVISION NOTICE OF TERMINATION www.coloradowaterpermits.com Page 2 of 2 form last revised May 2010 PART D. TERMINATION VALIDATION CRITERIA One of the criteria (1,2, or 3) below must be met, the appropriate box checked, and the required additional information provided. Part E includes a certification that the criteria indicated has been met. 1: FINALLY STABILIZED OR CONSTRUCTION NOT STARTED - The permitted activities covered under the certification listed in Part A meet the requirements for FINAL STABILIZATION in accordance with the permit, the Stormwater Management Plan, and as described below. This criterion should also be selected if construction was never started and no land was disturbed, and an explanation of this condition provided in the description below. Final stabilization is reached when: all ground surface disturbing activities at the site have been completed including removal of all temporary erosion and sediment control measure, and uniform vegetative cover has been established with an individual plant density of at least 70 percent of predisturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. REQUIRED - Describe the methods used to meet the final stabilization c described above (include additional pages if necessary) 2: ALTERNATIVE PERMIT COVERAGE OR FULL REASSIGNMENT - All ongoing construction activities, including all disturbed areas, covered under the permit certification listed in Part A have coverage under a separate CDPS stormwater construction permit, including the permit certification issued when Division’s Reassignment Form was used by the permittee to reassign all areas/activities. REQUIRED – Provide the permit certification number covering the ongoing activities: COR03 __ __ __ __ 3: PERMITTEE IS NO LONGER THE OWNER/OPERATOR of the site and all efforts have been made to transfer the permit to appropriate parties. Please attach copies of registered mail receipt, letters, etc. STOP! One of the three criteria above MUST BE CHECKED and the required information for that criterion provided, or this form will not be processed and the permit will remain active. PART E. CERTIFICATION SIGNATURE (Required for all Termination Requests) I understand that by submitting this notice of inactivation, I am no longer authorized to discharge stormwater associated with construction activity by the general permit. I understand that discharging pollutants in stormwater associated with construction activities to the waters of the State of Colorado, where such discharges are not authorized by a CDPS permit, is unlawful under the Colorado Water Quality Control Act and the Clean Water Act. I certify under penalty of law that I have personally examined and am familiar with the information submitted herein, and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. (See 18 U.S.C 1001 and 33 U.S.C. 1319.) I also certify that I am a duly authorized representative of the permittee named in Part B. Signature of Legally Responsible Party Date Signed Name (printed) Title Signatory requirements: This form shall be signed, dated, and certified for accuracy by the permittee in accordance with the following criteria: 1. In the case of a corporation, by a principal executive officer of at least the level of vice-president, or his or her duly authorized representative, if such representative is responsible for the overall operation of the operation from which the discharge described herein originates; 2. In the case of a partnership, by a general partner; 3. In the case of a sole proprietorship, by the proprietor; 4. In the case of a municipal, state, or other public operation, by wither a principal executive officer, ranking elected official, or other duly authorized employee. For Agency Use Only Permit Number Assigned COR03-______________ Date Received ____/____/____ Month Day Year NOTICE OF REASSIGNMENT OF PERMIT COVERAGE AND GENERAL PERMIT APPLICATION STORMWATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITIES PHOTO COPIES, FAXED COPIES, PDF COPIES OR EMAILS WILL NOT BE ACCEPTED. Please print or type. Original signatures are required. This application must be considered complete by the Division prior to initiation of permit processing. The Division will notify the applicant if additional information is needed to complete the application. If more space is required to answer any question, please attach additional sheets to the application form. Applications must be mailed or delivered to: Colorado Department of Public Health and Environment Water Quality Control Division 4300 Cherry Creek Drive South WQCD-P-B2 Denver, Colorado 80246-1530 **Part I of the application beginning below is to be filled out by the new permit applicant that will be assuming permitting liability for the reassigned portion of the original applicant’s site. **Part II of the application, starting on page 3 of the form, is to be completed by the current permittee. Both Parts I (pages 1-4) and II (page 5) must be completed. EXISTING CERT **__________________ (from Part II) ** NOTE: THIS WILL CREATE A NEW PERMIT FOR PART 1 APPLICANT. THE EXISTING PERMIT WILL NOT BE TERMINATED. THIS IS NOT A TRANSFER FORM. PART I - To be completed by the New permit applicant: I hereby accept the reassignment of permit coverage for the area described in this application. I have reviewed the terms and conditions of this permit and the Stormwater Management Plan and accept full responsibility, coverage and liability REASSIGNMENT WILL BE EFFECTIVE _____________________________ MONTH/ DAY/ YEAR Applicant is : Property Owner Contractor/Operator A. CONTACT INFORMATION - NOT ALL CONTACT TYPES MAY APPLY * indicates required *PERMITTEE (If more than one please add additional pages) *ORGANIZATION FORMAL NAME: 1) *PERMITTEE the person authorized to sign and certify the permit application. This person receives all permit correspondences and is legally responsible for compliance with the permit. Responsible Position (Title): ___________________________________________ Currently Held By Person):___________________________________________________________ Telephone No:__________________________________ email address__________________________________ Organization: Mailing Address: City:_ State: Zip: This form must be signed by the Permittee to be considered complete. Per Regulation 61 In all cases, it shall be signed as follows: a) In the case of corporations, by a responsible corporate officer. For the purposes of this section, the responsible corporate officer is responsible for the overall operation of the facility from which the discharge described in the application originates. b) In the case of a partnership, by a general partner. c) In the case of a sole proprietorship, by the proprietor. d) In the case of a municipal, state, or other public facility, by either a principal executive officer or ranking elected official Application Part 1 page 1of 4 updated 4/2011 2) DMR COGNIZANT OFFICIAL (i.e. authorized agent) the person or position authorized to sign and certify reports required by the Division including Discharge Monitoring Reports *DMR’s, Annual Reports, Compliance Schedule submittals, and other information requested by the Division. The Division will transmit pre-printed reports (ie. DMR’s) to this person. If more than one, please add additional pages. Same As 1) Permittee Responsible Position (Title):____________________________________________________ Currently Held By (Person):__________________________________________________ Telephone No:_______________________________ email address____________________________________ Organization:_______________________________________________________________ Mailing Address: ____________________________________________________________ City:_ State: Zip: _______________________ Per Regulation 61 : All reports required by permits, and other information requested by the Division shall be signed by the permittee or by a duly authorized representative of that person. A person is a duly authorized representative only if: (i) The authorization is made in writing by the permittee (ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and (iii) The written authorization is submitted to the Division 3) *SITE CONTACT local contact for questions relating to the facility & discharge authorized by this permit for the facility. Same As 1) Permittee Responsible Position (Title):____________________________________________________ Currently Held By (Person):__________________________________________________ Telephone No:_______________________________ email address____________________________________ Organization:_______________________________________________________________ Mailing Address: ____________________________________________________________ City:_ State: Zip: _______________________ 4) * BILLING CONTACT if different than the permittee Responsible Position (Title):____________________________________________________ Currently Held By (Person):__________________________________________________ Telephone No:_______________________________ email address____________________________________ Organization:_______________________________________________________________ Mailing Address: ____________________________________________________________ City:_ State: Zip: _______________________ 5) OTHER (Please describe)_____________________________________________________ Responsible Position (Title):____________________________________________________ Currently Held By (Person):__________________________________________________ Telephone No:_______________________________ email address____________________________________ Organization:_______________________________________________________________ Mailing Address: ____________________________________________________________ City:_ State: Zip: _______________________ Application Part 1 page 2 of 4 updated 4/2011 B. Permitted Project/Facility Information Project/Facility Name Street Address or cross streets City, Zip Code County Facility Latitude/Longitude— (approximate center of site to nearest 15 seconds using one of following formats 001A Latitude . Longitude . (e.g., 39.703°, 104.933°’) degrees (to 3 decimal places) degrees (to 3 decimal places) or 001A Latitude º ’ " Longitude º ’ " (e.g., 39°46'11"N, 104°53'11"W) degrees minutes seconds degrees minutes seconds C. MAP (Attachment) Map: Attach a map that indicates the site location and that CLEARLY shows the boundaries of the area that will be disturbed. Maps must be no larger than 11x17 inches. D. LEGAL DESCRIPTION Legal description: If subdivided, provide the legal description below, or indicate that it is not applicable (do not supply Township/Range/Section or metes and bounds description of site) Subdivision(s): Lot(s): Block(s): OR □ Not applicable (site has not been subdivided) E. AREA OF CONSTRUCTION SITE Total area of project site (acres): Area of project site to undergo disturbance (acres): Total disturbed area of Larger Common Plan of Development or Sale, if applicable: (i.e., total, including all phases, filings, lots, and infrastructure not covered by this application) F. NATURE OF CONSTRUCTION ACTIVITY Check the appropriate box(s) or provide a brief description that indicates the general nature of the construction activities. (The full description of activities must be included in the Stormwater Management Plan.) □ Single Family Residential Development □ Multi-Family Residential Development □ Commercial Development □ Oil and Gas Production and/or Exploration (including pad sites and associated infrastructure) □ Highway/Road Development (not including roadways associated with commercial or residential development) □ Other, Describe: G. ANTICIPATED CONSTRUCTION SCHEDULE Construction Start Date: Final Stabilization Date: Application Part 1 page 3 of 4 updated 4/2011 NOTICE OF REASSIGNMENT OF PERMIT COVERAGE AND GENERAL PERMIT APPLICATION STORMWATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITIES Application Part 1 page 4 of 4 updated 4/2011 H. RECEIVING WATERS (If discharge is to a ditch or storm sewer, include the name of the ultimate receiving waters) Immediate Receiving Water(s): Ultimate Receiving Water(s): I. REQUIRED SIGNATURES (Both parts i. and ii. must be signed) Signature of Applicant: The applicant must be either the owner and/or operator of the construction site. Refer to Part B of the instructions for additional information. The application must be signed by the applicant to be considered complete. In all cases, it shall be signed as follows: a) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the application originates. b) In the case of a partnership, by a general partner. c) In the case of a sole proprietorship, by the proprietor. d) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates. STOP!:A Stormwater Management Plan must be completed prior to signing the following certifications! i. Stormwater Management Plan Certification “I certify under penalty of law that a complete Stormwater Management Plan, as described in Appendix A of this application, has been prepared for my activity. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the Stormwater Management Plan is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for falsely certifying the completion of said SWMP, including the possibility of fine and imprisonment for knowing violations.” XX Signature of Legally Responsible Person or Authorized Agent (submission must include original signature) Date Signed Name (printed) Title ii. Signature of Permit Legal Contact “I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine or imprisonment. “I understand that submittal of this application is for coverage under the State of Colorado General Permit for Stormwater Discharges Associated with Construction Activity for the entirety of the construction site/project described and applied for, until such time as the application is amended or the certification is transferred, inactivated, or expired.” XX Signature of Legally Responsible Person (submission must include original signature) Date Signed Name (printed Title DO NOT INCLUDE A COPY OF THE STORMWATER MANAGEMENT PLAN DO NOT INCLUDE PAYMENT – AN INVOICE WILL BE SENT AFTER THE CERTIFICATION IS ISSUED. NOTICE OF REASSIGNMENT OF PERMIT COVERAGE AND GENERAL PERMIT APPLICATION STORMWATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITIES Application Part 2 page 1 of 1 updated 4/2011 PART II - AMENDMENT TO THE CURRENT PERMIT CERTIFICATION TO BE COMPLETED BY CURRENT PERMITTEE CERTIFICATION NUMBER COR03________________ THIS PERMIT WILL NOT BE TERMINATED II.A. CURRENT PERMIT LEGAL CONTACT INFORMATION Check if information has changed Company Name: Legally Responsible Person: First Name: Last Name: Title: Mailing Address: City, State and Zip Code: Phone: Email Address: 2. PERMITTED FACILITY INFORMATION Name of Plan, Project or Development: Latitude and Longitude (approximate center of site to nearest 15 seconds using one of following formats): Latitude: Longitude: (e.g., 39°42’11’’, 104°55’57’’) degrees /minutes/ seconds OR degrees/ minutes/ seconds Latitude: Longitude: (e.g., 39.703°, 104.933’) degrees (to 3 decimal places) degrees (to 3 decimal places) 3. MAP (Attachment) Map: Attach a map that indicates the site location and that CLEARLY shows the boundaries of the area that will be retained under this current certification. Maps must be no larger than 11x17 inches. 4. NATURE OF CONSTRUCTION ACTIVITY Check the appropriate box(s) or provide a brief description that indicates the general nature of the construction activities. (The full description of activities must be included in the Stormwater Management Plan.) □ Single Family Residential Development □ Multi-Family Residential Development □ Commercial Development □ Other, Describe: 9. REQUIRED SIGNATURES Certification for Reassignment “I certify under penalty of law that I have personally examined and am familiar with the information submitted in Part II of this application and all attachments in reference to Part II and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that thereare significant penalties for submitting false information, including the possibility of fine or imprisonment. “As the permittee currently covered by the above-referenced certification, I hereby agree to reassign the permit coverage for the area and activity described in Items I.b. and I.c., and all responsibilities thereof, from the above-referenced permit certification to the new permittee listed in Part I of this form.” Signature of Legally Responsible Person (submission must include original ink signature) Date Signed Name (printed) Title 8 Custom Soil Resource Report Soil Map 4485560 4485600 4485640 4485680 4485720 4485760 4485800 4485840 4485560 4485600 4485640 4485680 4485720 4485760 4485800 4485840 499850 499890 499930 499970 500010 500050 500090 500130 500170 500210 500250 500290 499850 499890 499930 499970 500010 500050 500090 500130 500170 500210 500250 500290 40° 31' 24'' N 105° 0' 6'' W 40° 31' 24'' N 104° 59' 47'' W 40° 31' 14'' N 105° 0' 6'' W 40° 31' 14'' N 104° 59' 47'' W N Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 13N WGS84 0 100 200 400 600 Feet 0 30 60 120 180 Meters Map Scale: 1:2,070 if printed on A landscape (11" x 8.5") sheet. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: http://websoilsurvey.nrcs.usda.gov Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of Map Unit Legend Larimer County Area, Colorado (CO644) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 22 Caruso clay loam, 0 to 1 percent slope 15.1 81.3% 64 Loveland clay loam, 0 to 1 percent slopes 3.1 16.5% 81 Paoli fine sandy loam, 0 to 1 percent slopes 0.3 1.8% 105 Table Mountain loam, 0 to 1 percent slopes 0.1 0.5% Totals for Area of Interest 18.6 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic Custom Soil Resource Report 10 classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha- Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. Custom Soil Resource Report 11 22 Custom Soil Resource Report Map—Hydrologic Soil Group (PDP North) 4485580 4485620 4485660 4485700 4485740 4485780 4485820 4485580 4485620 4485660 4485700 4485740 4485780 4485820 499870 499910 499950 499990 500030 500070 500110 500150 500190 500230 500270 499870 499910 499950 499990 500030 500070 500110 500150 500190 500230 500270 40° 31' 23'' N 105° 0' 6'' W 40° 31' 23'' N 104° 59' 47'' W 40° 31' 14'' N 105° 0' 6'' W 40° 31' 14'' N 104° 59' 47'' W N Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 13N WGS84 0 50 100 200 300 Feet 0 25 50 100 150 Meters Map Scale: 1:2,010 if printed on A landscape (11" x 8.5") sheet. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Rating Polygons A A/D B B/D C C/D D Not rated or not available Soil Rating Lines A A/D B B/D C C/D D Not rated or not available Soil Rating Points A A/D B B/D C C/D D Not rated or not available Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: http://websoilsurvey.nrcs.usda.gov Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Larimer County Area, Colorado Table—Hydrologic Soil Group (PDP North) Hydrologic Soil Group— Summary by Map Unit — Larimer County Area, Colorado (CO644) Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 22 Caruso clay loam, 0 to 1 percent slope D 14.9 81.3% 64 Loveland clay loam, 0 to 1 percent slopes C 3.0 16.3% 81 Paoli fine sandy loam, 0 to 1 percent slopes A 0.3 1.9% 105 Table Mountain loam, 0 to 1 percent slopes B 0.1 0.5% Totals for Area of Interest 18.4 100.0% Rating Options—Hydrologic Soil Group (PDP North) Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Custom Soil Resource Report 24 18 Custom Soil Resource Report Map—K Factor, Whole Soil (PDP North) 4485580 4485620 4485660 4485700 4485740 4485780 4485820 4485580 4485620 4485660 4485700 4485740 4485780 4485820 499870 499910 499950 499990 500030 500070 500110 500150 500190 500230 500270 499870 499910 499950 499990 500030 500070 500110 500150 500190 500230 500270 40° 31' 23'' N 105° 0' 6'' W 40° 31' 23'' N 104° 59' 47'' W 40° 31' 14'' N 105° 0' 6'' W 40° 31' 14'' N 104° 59' 47'' W N Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 13N WGS84 0 50 100 200 300 Feet 0 25 50 100 150 Meters Map Scale: 1:2,010 if printed on A landscape (11" x 8.5") sheet. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Rating Polygons .02 .05 .10 .15 .17 .20 .24 .28 .32 .37 .43 .49 .55 .64 Not rated or not available Soil Rating Lines .02 .05 .10 .15 .17 .20 .24 .28 .32 .37 .43 .49 .55 .64 Not rated or not available Soil Rating Points .02 .05 .10 .15 .17 .20 .24 .28 .32 .37 .43 .49 .55 .64 Not rated or not available Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Table—K Factor, Whole Soil (PDP North) K Factor, Whole Soil— Summary by Map Unit — Larimer County Area, Colorado (CO644) Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 22 Caruso clay loam, 0 to 1 percent slope .32 14.9 81.3% 64 Loveland clay loam, 0 to 1 percent slopes .20 3.0 16.3% 81 Paoli fine sandy loam, 0 to 1 percent slopes .15 0.3 1.9% 105 Table Mountain loam, 0 to 1 percent slopes .37 0.1 0.5% Totals for Area of Interest 18.4 100.0% Rating Options—K Factor, Whole Soil (PDP North) Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Layer Options (Horizon Aggregation Method): Surface Layer (Not applicable) Soil Qualities and Features Soil qualities are behavior and performance attributes that are not directly measured, but are inferred from observations of dynamic conditions and from soil properties. Example soil qualities include natural drainage, and frost action. Soil features are attributes that are not directly part of the soil. Example soil features include slope and depth to restrictive layer. These features can greatly impact the use and management of the soil. Hydrologic Soil Group (PDP North) Hydrologic soil groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long- duration storms. The soils in the United States are assigned to four groups (A, B, C, and D) and three dual classes (A/D, B/D, and C/D). The groups are defined as follows: Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Custom Soil Resource Report 20 Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to a dual hydrologic group (A/D, B/D, or C/D), the first letter is for drained areas and the second is for undrained areas. Only the soils that in their natural condition are in group D are assigned to dual classes. Custom Soil Resource Report 21 Wind Erodibility Index—Larimer County Area, Colorado (Wind Erodibility Index) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 8/13/2015 Page 1 of 3 4485560 4485610 4485660 4485710 4485760 4485810 4485560 4485610 4485660 4485710 4485760 4485810 499820 499870 499920 499970 500020 500070 500120 500170 500220 500270 499820 499870 499920 499970 500020 500070 500120 500170 500220 500270 40° 31' 23'' N 105° 0' 8'' W 40° 31' 23'' N 104° 59' 48'' W 40° 31' 13'' N 105° 0' 8'' W 40° 31' 13'' N 104° 59' 48'' W N Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 13N WGS84 0 100 200 400 600 Feet 0 30 60 120 180 Meters Map Scale: 1:2,150 if printed on A landscape (11" x 8.5") sheet. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Rating Polygons 0 38 48 56 86 134 160 180 220 250 310 Not rated or not available Soil Rating Lines 0 38 48 56 86 134 160 180 220 250 310 Not rated or not available Soil Rating Points 0 38 48 56 86 134 160 180 220 250 310 Not rated or not available Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map Wind Erodibility Index Wind Erodibility Index— Summary by Map Unit — Larimer County Area, Colorado (CO644) Map unit symbol Map unit name Rating (tons per acre per year) Acres in AOI Percent of AOI 22 Caruso clay loam, 0 to 1 percent slope 48 16.0 84.2% 64 Loveland clay loam, 0 to 1 percent slopes 48 2.6 13.9% 81 Paoli fine sandy loam, 0 to 1 percent slopes 86 0.4 1.9% 105 Table Mountain loam, 0 to 1 percent slopes 56 0.0 0.0% Totals for Area of Interest 19.0 100.0% Description The wind erodibility index is a numerical value indicating the susceptibility of soil to wind erosion, or the tons per acre per year that can be expected to be lost to wind erosion. There is a close correlation between wind erosion and the texture of the surface layer, the size and durability of surface clods, rock fragments, organic matter, and a calcareous reaction. Soil moisture and frozen soil layers also influence wind erosion. Rating Options Units of Measure: tons per acre per year Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Wind Erodibility Index—Larimer County Area, Colorado Wind Erodibility Index Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 8/13/2015 Page 3 of 3 measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: http://websoilsurvey.nrcs.usda.gov Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Larimer County Area, Colorado Survey Area Data: Version 9, Sep 22, 2014 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Apr 22, 2011—Apr 28, 2011 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Wind Erodibility Index—Larimer County Area, Colorado (Wind Erodibility Index) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 8/13/2015 Page 2 of 3 Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: http://websoilsurvey.nrcs.usda.gov Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Larimer County Area, Colorado Survey Area Data: Version 9, Sep 22, 2014 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Apr 22, 2011—Nov 18, 2011 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Custom Soil Resource Report 19 Survey Area Data: Version 9, Sep 22, 2014 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Apr 22, 2011—Nov 18, 2011 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Custom Soil Resource Report 23 the version date(s) listed below. Soil Survey Area: Larimer County Area, Colorado Survey Area Data: Version 9, Sep 22, 2014 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Apr 22, 2011—Nov 18, 2011 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Custom Soil Resource Report 9 degrades into a CERCLA hazardous substance in an amount that equals or exceeds the reportable quantity for the newly formed CERCLA hazardous substance. 2