The following information is required to be submitted in order to obtain a watershed permit for all activities in GJMC § 13.32.190. To reduce preparation time of submittals, the applicant is encouraged to submit relevant information for each appropriate item that may have been prepared for other land management purposes. In any case, the submitted information must meet the minimal requirements shown below. The City may require additional information or certification deemed necessary to determine whether or not the proposed activity will comply with the standards set forth in GJMC § 13.32.270.
The permit application shall contain the following information:
(a)
Activity Description.
(1)
Name and address of the applicant and the property owner. If the
applicant and the property owner are not the same, a written authorization
by the property owner is required before the applicant may appear
on behalf of the property owner in regard to the proposed activity.
(2)
Legal description of the property, and address if applicable to be
affected by the activity.
(3)
Detailed plans, specifications and sequences of the proposed activity,
including the project history if any.
(4)
Vicinity topographic map and other pertinent information indicating
the site location, access points and proposed routes, and land survey,
prepared by a licensed engineer, of the property to be affected by
the activity.
(5)
A list of all federal, State or local permits or approvals that are
required for the proposed activity and copies of any such authorized
permits or approvals when and where available.
(6)
Copies of all applications and documents submitted to any federal,
State or local authority concerning the proposed activity and proof
of approval of such documents from the regulating authority(ies) having
jurisdiction. Proof of approvals must be submitted to the City as
they become available from other agency(ies).
(7)
Itemization and volumes of all hazardous, toxic or explosive substances,
chemical reagents, gasses and materials to be used, transported, stored
or handled as a part of the proposed activity.
(8)
Proposed hours of operation of all aspects of the proposed activity.
(b)
Alternatives.
A detailed description of any reasonable
alternatives to the proposed activity which may result in less of
an impact to the watershed, and why these alternatives were not selected
for the preferred action.
(c)
Environmental Evaluation and Mitigation Measures.
An
environmental evaluation and mitigation measures addressing the following:
(1)
Water Resources.
(i)
A map of all surface waters, springs, seeps, wetlands and groundwater
potentially affected by the proposed activity.
(ii)
The existing water quantity (surface discharge or flow, occurrence
of groundwater) of all waters reasonably affected by the proposed
activity. Sources of information for this submittal may include the
City, the U.S. Geological Survey, Colorado Division of Water Resources,
local organizations or residents, and other agencies. In remote areas
the occurrence of groundwater may not be known. The applicant should
demonstrate that a reasonable effort has been made to investigate
existing literature, databases, and other sources of information.
(iii)
A detailed description of the potential impacts the proposed
activity will have on the quality and quantity of the City’s
water, waterworks, and/or primary watersheds.
(iv)
A detailed description of proposed mitigation of impacts to
the City’s water resources.
(v)
A description of the water supply for the proposed activity, including
any proposed wells, water rights, diversion structures and facilities,
and augmentation plan.
(vi)
A detailed description of potential impacts to the watershed
associated with the proposed water supply.
(vii)
A detailed description of proposed mitigation of impacts to
the watershed caused by the proposed water supply.
(2)
Drainage.
(i)
A map showing all natural drainage patterns in the area of the watershed
potentially affected by the proposed activity.
(ii)
A detailed description of potential impacts to natural drainage
patterns in the watershed by the proposed activity.
(iii)
A detailed description of proposed mitigation of impacts to
natural drainage patterns.
(4)
Soils.
(i)
A description of all soil conditions in the area potentially affected
by the proposed activity, including contour maps at intervals determined
by the City, which identify soil types, drainage areas, slopes, avalanche
areas, debris fans, mudflows and rockslide areas.
(ii)
A detailed description of potential impacts to soils by the
proposed activity and potential adverse effects to the proposed activity
as a result of existing or created soil conditions.
(iii)
A detailed description of proposed mitigation which addresses
soil conditions.
(5)
Geographic Location.
A description of all mitigation
activities and their locations, a map and legal description of all
property upon which mitigation activities may occur and written authorization,
easements and any other agreements from such property owners.
(d)
Plans.
All plans shall present an introduction stating
plan objectives and purpose, detailed descriptions of plan elements,
specifications, schematics, if applicable, quality control measures,
and schedules. The following plans are to be submitted:
(1)
Water Quantity Monitoring Plan.
The plan shall address
the following elements: identification of surface water and ground
water, baseline, operational, and post-operational monitoring frequencies.
(2)
Spill Prevention Countermeasures and Control Plan.
The
plan shall describe the physical layout and a facility diagram, a
contact list and phone numbers for the facility response coordinator,
National Response Center, cleanup contractors, and all appropriate
federal, State, and local agencies who must be contacted in case of
a discharge, a prediction of the direction, rate of flow, and total
quantity of spilled material that could be discharged where experience
indicates a potential for equipment failure, a description of containment
and/or diversionary structures or equipment to prevent discharged
fluid from reaching waterbody(ies); where appropriate, a demonstration
that containment and/or diversionary structures or equipment are not
practical; periodic integrity and leak testing of bulk containers
and associated valves and piping; spill contingency plan; and a written
commitment of manpower, equipment, and materials to quickly control
and remove spilled substances; operating procedures to prevent spills;
control measures installed to prevent a spill from reaching surface
waterbody(ies); and countermeasures to contain, clean up, and mitigate
the effects of a spill that reaches a waterbody; and a complete discussion
of the spill prevention and control measures applicable to the facility
and/or its operations.
(3)
Emergency Response Plan.
The plan shall describe the
potential threats or risks to the environment as a result of the development
on an activity basis, contaminants of concern, development of baseline
conditions, potential sources of release and release mechanisms, preventative
monitoring, emergency response actions, event monitoring and verification,
and reporting.
(4)
Soil Erosion, Sediment, and Stormwater Pollution and Prevention Plan
(SWPPP).
The plan shall describe planned surface disturbance
activities and detailed descriptions of best management practices
and mitigation measures for soil erosion, sediment, and stormwater
control. Elements of the plan shall be modeled after the USEPA’s
SWPPP template (http://www.epa.gov/npdes/pubs/sw_swppp_template.doc)
and include a description of the following: nature and sequence of
construction activities, soils, slopes, vegetation, current drainage
patterns, estimate of construction disturbance, calculation of runoff
coefficients before and after construction, receiving waterbody(ies),
site features and sensitive areas to be protected, potential sources
of pollution, maps or drawings indicating key features, erosion and
sediment control, good-housekeeping, and post-construction best management
practices (BMPs), inspection and maintenance schedules, record keeping
and training, amendments to the plan, final stabilization, and plan
certification and notification.
(5)
Grading Plan.
A plan describing and showing elevations,
dimensions, location and extent of all proposed excavating, filling,
grading or surfacing within the watershed by the proposed activity.
The plan shall include plan view and cross-section drawings showing
the limits of cut and fill and areas to remain as natural or pre-existing
grade. Drawings will show topographic contours of not more than two-foot
elevation. The grading plan drawings will be certified by a Colorado-registered
professional engineer.
(6)
Reclamation Plan.
The plan must describe existing pre-construction conditions on site and reclamation activities for all surface and subsurface disturbances meeting or exceeding the standards set forth in the applicable provisions of GJMC § 13.32.270. The plan shall include, at a minimum, reclamation of all surface disturbances including equipment to be used, how equipment will be cleaned of weed seed prior to entering the site, regrading and recontouring, topsoil placement, native, weed-free seed mix composition and seeding/revegetation methods including planting of saplings if proposed, application of soil amendments (weed-free mulch, fertilizer, etc.), monitoring frequency and criteria for evaluating interim revegetation progress, supplemental or follow-up revegetation work, and final revegetation and reclamation approval criteria. In addition, the plan shall describe in detail the reclamation of all subsurface disturbances including but not limited to well and structure abandonment procedures, other shallow well structures (such as “rat holes” associated with oil and gas development), pipelines, tunnels, adits, shafts, or other underground workings, and piles or subsurface building foundations.
(7)
Site Security Plan.
The plan shall present measures
to be implemented to secure the operating sites from mischievous acts,
vandalism, or possible terrorist activities. Any applicable Homeland
Security regulations and issues must be addressed.
(e)
Waiver of Requirements.
If sufficient information is
available to the City concerning the information required to be within
the permit application, the City in its sole discretion may waive
such requirement.
(f)
Additional Factors.
In addition to the foregoing standards,
where such review is deemed appropriate, in evaluating any request
for a permit, the City may consider the following factors in making
an analysis of the proposed activity set forth in the permit application:
(1)
The nature and extent of the proposed activity;
(2)
The proximity of the proposed activity to existing watercourses and
waterworks;
(3)
Drainage patterns and control measures;
(4)
Soil criteria;
(5)
Slope steepness and stability;
(6)
Effects of denudation of vegetation;
(7)
Geologic hazards, including but not limited to avalanche paths, landslide
activity, floodplains, high-water tables, fault zones and similar
factors;
(8)
The toxicological characteristics of hazardous substances, chemicals
or materials to be used or produced;
(9)
Point-source effluent and emissions into the air or water;
(10)
Ambient and nonpoint-source emissions into air and water;
(11)
Nature, type and duration of vehicular and motorized activity associated
with the proposed activity;
(12)
Effects on wildlife and wildlife habitat;
(13)
Fire hazard; and
(14)
Emergency response training.
(Res. 115-07 § XX-51, 7-30-07)
(a)
Watershed Permit Application.
A watershed permit application must be completed by the developer or person(s) proposing an activity or development within the watershed. The purpose of the application is to notify and inform the City of the proposed activity and allow the City to identify the level of potential impact to the watershed associated with the activity. A watershed permit application is not required by entities identified under GJMC § 13.32.200 for the activities described under same section. However, a notice of intent to conduct the activity is required as described under GJMC § 13.32.200. A copy of the watershed permit application may be found in Appendix B at the end of this chapter.
(b)
City Review.
The designee of the City Manager shall
review the watershed permit application and determine whether it is
complete and of sufficient quality and whether a site inspection is
necessary within 30 days of the submittal. If the application is found
to be sufficiently complete, the City Manager’s designee shall
review the application for compliance with these regulations. The
City Manager’s designee shall prepare a staff report within
30 days of finding that the application is complete and determines
a finding of either a minor or major impact to the City’s watershed
and notify all those entities which the City has an MOU related to
the watershed.
(c)
Minor Impact.
The City Manager’s designee may classify an application as having minor impact if the proposed activity has been or will be properly permitted by applicable federal, State or local authorities and if the proposed activity clearly does not violate or present a substantial likelihood of violating any of the standards set forth in GJMC § 13.32.270. At his or her discretion, the City Manager may review but is not compelled to review the written finding(s) that an application presents a minor impact. Upon reviewing a finding of minor impact the City Manager may overturn the finding of minor impact or may forward the application to the City Council for its review. Within 15 days following a finding of minor impact or a failure of the City Manger to overturn a finding of minor impact or forwarding an application to the City Council, the City shall approve the application, conditionally approve the application, or deny the application for a watershed permit.
At the discretion of the City Manager’s designee, the watershed permit submittal requirements as described in GJMC § 13.32.220 may be reduced or revised for a proposed activity that is determined to be of minor impact.
(d)
Major Impact.
If the City classifies an application
for a proposed activity as a major impact or the City Manager forwards
an application to the City Council, then the staff report and findings
concerning the application shall be submitted to City Council for
determination.
The City Manager shall make a recommendation to the Council
but that recommendation is not binding on the City Council. After
due consideration of the application, the City Manager’s recommendation
and other relevant and probative evidence, the City Council shall
approve the application, conditionally approve the application, or
deny the application for a watershed permit.
If because the complexity of the application and/or the proposed
activity so requires, the City may unilaterally extend the deadline
for the completeness review and the staff report for a period of time
not to exceed an additional 60 days. Additional extensions of time
may be granted to the City or the applicant by the City Manager or
City Council upon a showing of good cause not to exceed 180 days total.
(e)
City Council Hearing and Notice.
If an application is
to be heard by City Council, a public hearing shall be scheduled within
60 days of filing of the staff report with the City Manager. Not less
than 30 days prior to the hearing, and again not less than 10 days
prior to the hearing, the City shall publish notice stating the date
and time, place and purpose of the hearing in a newspaper in general
circulation in the City.
(f)
Effect of Other Approvals.
If a proposed activity requires
the approval of or a permit from federal, State or local authorities,
and such approval or permit procedure exceeds the time requirements
for City action stated in this article, the City has an additional
90 days in which to conduct a hearing and render a decision.
(g)
Additional Information.
If the City Council requests
additional information from an applicant, then the public hearing
and decision may be delayed or continued until the receipt of such
additional information.
(h)
Permit Decision.
Within 30 days of the public hearing, the City Council shall approve, approve with conditions or deny the watershed permit. Any application for a proposed activity which fails to conform to the standards set forth in GJMC § 13.32.270 shall be denied.
(j)
Request for Extension.
If during the review process
the application is found to be incomplete, contain insufficient information,
or otherwise not meet City requirements, the City will provide the
applicant with a written response outlining permit inadequacies. The
applicant must respond to the inadequacies within 30 days. If necessary,
the applicant may submit a request for a time extension to respond
to permit inadequacies and provide the required information.
(Res. 115-07 § XX-52, 7-30-07)
A watershed permit is valid for a period of five years from
the date of City approval. The applicant must apply for permit renewal
six months prior to the expiration date. The renewal process will
be initiated by the City by transmittal of a permit renewal application
form to the permit holder. The purpose of the permit renewal process
is to allow for the incorporation of new City ordinances, resolutions,
or policies that may affect permit content as well as amend or modify
the permit in accordance with abandoned or new activities implemented
by the permit holder; e.g., the permit may be downgraded from a major
impact to a minor impact or vice versa. The permit renewal process
may involve minimal to significant documentation depending on the
degree of changes in City law and policy and activities of the permittee.
The applicant shall be assessed a permit renewal fee, in accordance
with the most current City resolution, to cover the costs incurred
by the City for reviewing and processing the renewal application,
including the costs of publication, hearing, administration, inspection
and enforcement of such requested permit.
(Res. 115-07 § XX-53, 7-30-07)
Watershed permit holders are released from all permit responsibilities
upon obtaining permit closure status. Permit closure status is attained
once the City has approved of all reclamation activities, including
the rehabilitation of disturbed surface acreage and post-operations
monitoring of water resources, revegetation, slope or site stabilization,
and other potential areas of concern. Once the City has determined
that the permittee has satisfactorily met reclamation goals, the City
will prepare and submit a letter of permit closure and release of
financial warranty to the permittee.
(Res. 115-07 § XX-54, 7-30-07)
Permittees may be granted a temporary cessation of activities
for a period of 12 months from the date the permittee provides notice
to the City of planned cessation. The City will require the permittee
to provide notice of temporary cessation if the City finds cause for
such action. The permittee must provide notice of temporary cessation
within 30 days of the City’s request for the notice. Failure
to do so may result in the permit being revoked. After 12 months of
temporary cessation status, the watershed permit expires and is no
longer valid.
(Res. 115-07 § XX-55, 7-30-07)
No activity shall be permitted in the watershed except in compliance
with the following standards:
(a)
Existing Regulations.
At a minimum, all applicants and
operators must comply with applicable existing regulations as promulgated,
administered, and enforced by federal, State, and local governments.
Applicable regulations include but are not limited to those of the
U.S. Environmental Protection Agency; U.S. Bureau of Land Management;
U.S. Forest Service; U.S. Army Corps of Engineers; the Colorado Department
of Public Health and Environment; Colorado Oil and Gas Conservation
Commission; Colorado Division of Reclamation, Mining and Safety; Colorado
Division of Water Resources; and Mesa County. Stipulations in federal
or State leases and rights-of-way must be adhered to. The terms and
conditions of such permits and approvals shall be incorporated by
reference as permit conditions of the City permit. Including the additional
standards presented in this section, applicants are encouraged to
utilize and implement applicable procedures in the latest editions
of the following guidance documents as amended over time:
(1)
Surface Operating Standards for Oil and Gas Exploration and Development
“Gold Book.” Prepared by U.S. Department of the Interior,
U.S. Bureau of Land Management, and the U.S. Department of Agriculture,
U.S. Forest Service, 4th Edition 2006.
(2)
Forestry Best Management Practices in Watersheds – Watershed
Academy. See:
www.epa.gov/watertrain/forestry
(3)
Source Water Protection: Best Management Practices and Other Measures
for Protecting Drinking Water Supplies. U.S. Environmental Protection
Agency. See:
http://www.epa.gov/safewater/dwa/electronic/ematerials.html#SWP.
(4)
Low Volume Roads Engineering. Best Management Practices Field Guide.
G. Keller and J. Sherar. USDA Forest Service/USAID.
(5)
Water-Road Interaction Technology Series Documents, United States
Forest Service. See:
http://www.stream.fs.fed.us/water-road/
(6)
Construction Site Storm Water Runoff Control BMP Fact Sheets. U.S.
Environmental Protection Agency. See:
http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm
(7)
Colorado Stormwater Fact Sheets and Regulations. See:
www.cdphe.state.co.us/wq/PermitsUnit/stormwater
(b)
Damage to Waterworks Prohibited.
It shall be unlawful
for any person to cause impairment, injury, or damage to the City’s
waterworks, including all groundwater sources, springs, seeps, streams,
surface intakes, ditches, drains, pipelines and reservoirs used in
and necessary for the construction, maintenance and operation of the
same.
(c)
Increase in Pollution Prohibited.
All point and nonpoint
sources of pollutants caused by or associated with the proposed activity
shall not result in any measurable increase in pollution over the
existing water quality of any waters of any primary watershed of the
City potentially affected by the proposed activity.
(d)
Proof of Lack of Risk.
The burden of proving the lack
of substantial risk of pollution or injury, in terms of quantity and
quality, to the City’s water supply and/or waterworks shall
be on the person proposing the activity.
(e)
Construction in Waters Prohibited.
Construction within
any waters of the City’s watershed is prohibited, excluding
authorized stream bank reinforcement or repair, dam rehabilitation,
water diversion placement or repair or stream crossings approved by,
performed by, or on behalf of the City.
(f)
Setbacks.
Any activity or the placement of any structure,
other than stream crossings, shall be set back a minimum of 200 feet
from any stream, spring, seep, intake structure, ditch, wetland or
reservoir. Fueling, and fuel and chemical storage, shall be set back
a minimum of 500 feet from any stream, spring, seep, intake structure,
ditch, wetland or reservoir. Drilling activities shall be set back
a minimum of 1,000 feet from perennial springs or as specified by
the City. The City may modify setbacks for each proposed activity.
(g)
Erosion Control Requirements.
Temporary (during construction)
and permanent erosion and sediment control measures shall be installed
and maintained pursuant to a soil erosion control plan. Such soil
erosion control plan shall include a description and location of all
soil erosion control measures to be installed, and shall be subject
to the following additional standards:
(1)
All erosion control features shall be consistent with any stormwater
control plan approved by the State and any other applicable agency
for the proposed activity;
(2)
Dust suppression techniques shall be implemented during construction
to minimize any increase in water-borne particulates;
(3)
Cut and fill shall be kept to a minimum by evaluating alternate construction
sites or designs that meet project objectives; final reclamation requires
that all disturbed surfaces be regraded to their natural contour;
(4)
Graded and filled slopes shall be kept to a 3:1 slope ratio or less,
and all slopes in excess of 30 percent gradient shall be left undisturbed;
(5)
Slope stabilization techniques shall be implemented where soil conditions
warrant to prevent soil movement;
(6)
Berms and ditches shall be constructed before any construction activity
begins and shall be installed around graded areas to contain any sediment-laden
runoff caused by the proposed activity;
(7)
Grading and earth-moving activities shall be undertaken in a manner
to avoid increased spring runoff flows;
(8)
All natural vegetation shall be left as undisturbed as practicable.
When grading temporary construction sites, an effort will be made
to preserve root systems of shrubs and forbs;
(9)
Impervious or low permeability surfaces shall be constructed as small
as possible, and runoff from impervious or low permeability surfaces
shall be collected in ditches, trenches or detention areas. No ditches,
trenches, detention areas, or other storm runoff capture features
will be allowed to directly hydraulically connect to surface water
features;
(10)
Any increase in runoff velocity and amount shall not be greater than
those levels which occurred prior to the proposed activity; and
(11)
No structures or roads shall be built in any avalanche, landslide,
or other natural hazard area.
(h)
Spill Prevention.
Measures shall be designed and implemented
in accordance with the spill prevention countermeasures and control
plan to prevent spilled fuels, lubricants or other hazardous, polluting
or toxic materials from entering any waters or being deposited upon
any soil in the watershed during construction, implementation or operation
of the proposed activity.
(i)
Land Application of Chemicals.
The use of pesticides,
herbicides and fertilizers within the watershed must be approved by
the City before use.
(j)
Revegetation.
All vegetated areas within the watershed
disturbed by the activity shall be revegetated or restored in accordance
with a submitted and approved reclamation/revegetation plan. Topsoil
from all disturbed surfaces (roads included) shall be identified,
removed, and stockpiled for later use in site reclamation. Topsoil
stockpiles will be revegetated with certified weed free native grasses
and forbs and stabilized using necessary soil erosion control measures
within one year of construction. At a minimum, disturbed areas shall
be successfully revegetated using a native seed mix within one year
of the date of disturbance, or the date of end of use for the planned
activity. The City may require modified or enhanced interim reclamation
measures for drill pads, mined areas, or other disturbed surfaces.
(k)
Water Quality Monitoring Plan.
A water quality monitoring
plan for all surface and ground waters affected by the proposed activity
within the watershed and City-owned lands contiguous to the watershed
shall be developed and implemented by the City for the specific activity.
Portions of the City’s existing watershed monitoring plan may
apply. The applicant is responsible for reimbursing the City for the
cost of preparing and implementing the water quality monitoring plan
or otherwise collecting additional data as a result of the activity.
The City has the right to hire a third party to carry out water quality
sampling and analysis plans. The operator may choose to duplicate
sampling at the operator’s cost. Such water quality monitoring
plan shall include provisions for:
(1)
Sample locations and frequency of sample collection at the designated
locations will be determined by the City and shall reflect the nature
and extent of the proposed activity;
(2)
A description of sampling and analysis techniques and procedures,
an analyte list (see below), quality control measures, and detection
limits;
(3)
Parameters to be sampled as determined by the City, including at
a minimum the field parameters of pH, temperature, specific conductance,
and dissolved oxygen and the analysis of suspended and total dissolved
solids and up to all parameters for which there are water quality
standards in the affected waters, any potential pollutants associated
with the proposed activity and nutrient and chlorophyll a for any
lake or reservoir samples; see Appendix C at the end of this chapter
for complete list of analytes;
(4)
Baseline water quality data for at least five quarters (three-month
periods) prior to the proposed activity; two of the baseline events
shall be for baseflow conditions (late third quarter, early fourth
quarter); one baseline water quality sampling event shall be during
at least one active runoff event prior to the disturbance of any proposed
site;
(5)
Construction and operational water quality monitoring that coincides
with any ongoing (active or inactive) operations that poses a potential
risk of adverse water quality impacts in the watershed. The frequency
of water quality sampling during construction and operation activities
will be on a quarterly basis or in accordance with a schedule mandated
by the City;
(6)
Water quality monitoring for at least one year after final reclamation
has met approval (relinquishment) with federal or State agencies,
or other local governments. The frequency of post-reclamation monitoring
will be established by the City;
(7)
The provision for periodic reports of the monitoring, frequency and
content as determined by the City, including all physical, chemical
and biological data and a narrative describing significant findings
and trends.
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Water quality data must be compiled before, during, and after
commercial or industrial activities.
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(l)
Extended Water Quality Monitoring Program.
In addition
to the water quality monitoring program outlined above, the applicant
will also be required to complete a long-term monitoring program for
any waters affected by the proposed activity. For activities that
involve disturbance of the subsurface (e.g., drilling and mining),
and in the case of a known release of a contaminant, water quality
monitoring will be required for a period of time after the release
or after the activity has ended. The applicant/operator may be asked
to cooperate and assist in the sampling of water in drilled wells
or mined underground workings. Water quality monitoring will be the
responsibility of the City. The applicant is responsible for reimbursing
the City for the cost of preparing and implementing the extended water
quality monitoring plan or otherwise collecting additional data as
a result of the activity. The City has the right to hire a third party
to carry out water quality sampling and analysis plans. The operator
may choose to duplicate sampling at the operator’s cost.
The extended monitoring program may extend for a period of years
after the completion of the proposed activity. The extended monitoring
program will be developed by the City and include a description of
environmental sampling (water, soils, or other media) procedures,
a list of sample analytes, and a sampling schedule. All sampling will
be completed by the City, who will propose and implement the water
quality monitoring program at the expense of the applicant. At a minimum,
sampling will occur during base flows once per year. Otherwise, sampling
will occur as deemed necessary by the City to assess potential contamination.
The applicant may choose to be present during the City’s scheduled
sampling events at their own expense.
(m)
Wastewater Treatment.
This activity is not permitted
in the watershed. Generated wastewater will be transported from the
watershed and treated in a permitted facility.
(n)
Except for sewage disposal systems approved through Mesa County process
for individual homeowners, no new sewage disposal system shall be
constructed or installed within the watershed without the City’s
approval.
(o)
Compliance with Other Permits.
The proposed activity
shall be constructed, implemented, operated and maintained in compliance
with all other applicable federal, State or local permits or approvals
at all times. The terms and conditions of such permits and approvals
shall be incorporated by reference as permit conditions of the permit.
(p)
Mineral Development.
Mineral development activities
involving development and exploration, production and maintenance,
and closure and reclamation shall conform to the following additional
standards:
(1)
No process water pits, impoundments, or basins will be permitted
unless otherwise approved by the City.
(2)
No land treatment of produced, process, or mine drainage waters is
allowed.
(3)
No discharge of produced, process, or mine drainage waters is permitted
in the watershed. All mine drainage, and other process or waste waters
or fluids must be disposed of in a permitted facility located outside
of the watershed boundary. All wastes are to be transported from the
watershed in a timely manner, using closed transport systems. Wastes
are not to be injected or discharged into wells or any type of drilled
borehole.
(4)
No underground injection wells for disposal of wastes of any type
are permitted.
(5)
Flaring, burning of waste, or welding will occur only in areas approved
by the City.
(6)
Waste rock that has an acid generation potential or the potential
to produce other leachate that would cause degradation of water resources
shall be effectively neutralized.
(q)
Energy Development.
Energy development activities involving
development and exploration, production and maintenance, and closure
and reclamation, including but not limited to oil and gas exploration,
development, processing, or transmission; other forms of energy development;
extraction; and utility construction (including pipelines, power lines,
etc.) shall conform to Appendix A, at the end of this chapter, for
the Town of Palisade and the City of Grand Junction developed in collaboration
with Genesis Gas and OIL, LLC dated 2007, which is incorporated herein
by this reference as if fully set forth and the following additional
standards:
(1)
No drilling pits of any kind will be allowed when drilling with water
or other drilling fluids. Drilling with fluids must be conducted with
closed systems. No process water pits, impoundments, or basins will
be permitted unless otherwise approved by the City.
Drilling with air or air mist methods requires that all borehole
cuttings be contained.
(2)
Chemicals used in hydraulic fracturing will be fully disclosed prior
to use.
(3)
Well construction – cementing/casing programs will conform
to the steps outlined in the “Watershed Plan for the Town of
Palisade and the City of Grand Junction.” In addition to these
steps all surface casing drilling will be drilled with air or air
mist methods.
(4)
No land treatment of produced, process waters is allowed.
(5)
No discharge of produced, process, drilling waters is permitted in
the watershed. All drilling, produced, and other process or waste
waters or fluids must be disposed of in a permitted facility located
outside of the watershed boundary. All wastes are to be transported
from the watershed in a timely manner, using closed transport systems.
Wastes are not to be injected or discharged into wells or any type
of drilled borehole.
(6)
No underground injection wells for disposal of wastes of any type
are permitted.
(7)
Flaring, burning of waste, or welding will occur only in areas approved
by the City.
(Res. 115-07 § XX-61, 7-30-07)
The City Council may prescribe any condition or conditions in
a permit that it may deem necessary to effectuate the powers granted
to the City to protect the waterworks and the City water supply from
pollution, impairment, injury or damage.
(Res. 115-07 § XX-62, 7-30-07)
The City retains the right to conduct inspections, by its own
forces or by the forces of a third party, of the activity for which
a watershed permit has been issued. Inspections may be made at any
time with or without prior notice to the applicant. The permittee
shall be assessed the reasonable cost of inspection(s).
(Res. 115-07 § XX-63, 7-30-07)
(a)
“Stop Work” or “Cease and Desist” Order.
Should the City discover any activity which violates or is reasonably
believed by the City to violate any provision(s) of any permit or
condition thereof, or an activity is conducted without a required
permit or where the information submitted in the application is found
to be inaccurate, the City may suspend the activity until compliance
with the permit is demonstrated. In such cases, the City Manager or
his designee shall post in a conspicuous location on the site a “stop
work” or “cease and desist” order. Should the City
discover any construction or use of property within the watershed
which is in violation of these regulations, it shall cause to be attached
a “cease and desist” order to the property and attempt
to deliver a copy of the same to the owner or occupant of the property.
Any “stop work” order or “cease and desist”
order shall be signed by the City Manager or his or her designee and
shall indicate the violations which exist or are reasonably believed
to exist. The removal of a “stop work” or “cease
and desist” order before the violation is corrected is prohibited
and, upon conviction, a penalty shall be imposed as provided by these
regulations. The continuation of any activity or use in violation
of a “stop work” or “cease and desist” order
is prohibited and, upon conviction, a penalty shall be imposed as
provided by these regulations.
(b)
Revocation of Permit.
The City may revoke a permit for
any violation of these watershed regulations, and/or for violation
of the permit or any permit condition and/or for the provision of
false or incorrect information in the permit application. Revocation
shall be preceded by 15 days’ written notice to the permittee
that the revocation will occur unless the condition(s) which created
the violation or noncompliance with the terms of the permit or permit
condition is corrected. The City may, in its sole discretion and not
to be construed as a waiver of any further action, enter into a corrective
action plan with the permittee to correct the violation or noncompliance.
Upon permit revocation, the City may require the permittee to restore
the site to a condition acceptable to the City in order to prevent
further injury to the watershed. The City may, in its discretion,
perform or cause to be performed the necessary restoration and the
permittee shall be assessed such costs of restoration.
(c)
Duration of Construction.
Unless otherwise specified
in the permit, all construction associated with the permitted activity
shall be completed within one year of the issuance of a permit. Extensions
of up to six months each may be granted by the City upon a showing
of good cause.
(d)
Certificate of Compliance.
At the completion of construction
associated with an activity approved under a permit, the applicant
shall apply in writing for a certificate of compliance. As soon as
reasonably practicable, and not more than 20 days after such request,
weather and soil conditions permitting, the City shall inspect the
construction associated with the activity and shall determine if these
watershed regulations, the permit and any permit conditions have been
complied with, including but not limited to compliance with all plans
and specifications submitted by the applicant or required as a permit
condition. If the City determines that the construction associated
with the activity conforms to the permit, permit conditions, plan
or plans and specifications, and all other required permits or permits
incorporated by reference, the City shall issue a certificate of compliance.
If the City determines that the construction or other activity associated
with the permitted activity does not conform to the permit, permit
conditions, plan or plans and specifications, and all other required
permits or permits incorporated by reference, the City shall not issue
a certificate of compliance. In such case, the permittee shall be
informed in writing of the reason why the construction or other activity
associated with the permitted activity does not so conform, and the
City shall also set forth the requirements to be met, as can be practically
specified. Thereafter, the process for review for compliance and issuance
or denial of a certificate of compliance shall be as set forth herein.
It is a violation of these regulations for any person who is issued
a permit for any activity within the watershed to conduct such activity
after construction is completed without having complied with the requirement
to obtain a certificate of compliance as set forth in this section.
(Res. 115-07 § XX-64, 7-30-07)
Permits may not be transferred from one company, individual,
entity, etc., to another. Successors will need to apply for a new
permit and the previous permit will be deemed null and void.
(Res. 115-07 § XX-65, 7-30-07)
After an application for a permit has been approved by the City,
but before such permit is issued, the applicant shall file with the
City, on a form prescribed and furnished by the City, a performance
financial warranty payable to the City of Grand Junction. The performance
financial warranty will be conditioned upon the faithful performance
of all the requirements of these regulations, the City watershed ordinance,
and the permit.
The form of the financial warranty will be in a form prescribed
by the City, such as cash bonds, cash escrow accounts, or certificates
of deposit. Other types of financial warranties may be accepted. In
the case of cash bonds, any interest accrued during the warranty period
will benefit the financial warrantor, except in the case that the
permit is revoked. If a permit is revoked, the interest will accrue
to the City, and will be used for the performance of reclamation.
The performance financial warranty shall cover the area of land
within the permit area upon which activities are to be initiated and
conducted. The amount of financial warranty will be determined using
an objective, qualified professional engineer using fundamental principles
of engineering cost estimation. The amount of the warranty shall be
sufficient to assure high water quality within the watershed if the
final reclamation and/or well closure had to be performed by the City,
or by independent contractors, in the event of forfeiture. The City
shall hire the engineer and the permittee shall be assessed the cost
for obtaining this estimate. Liability under the warranty or warranties
applicable to a permit shall be for the duration of the activity and
shall continue until release of the warranties as determined by the
City.
The City shall release a performance financial warranty, in
whole or in part, when it is satisfied that the water quality of waters
covered by the warranty or portion thereof affected by the operation
has been returned to its original or higher quality as tested before
the activity commenced, as required by these regulations.
(Res. 115-07 § XX-66, 7-30-07)
The applicant shall be assessed a fee, in accordance with the
most current City Council fee resolution, to cover the costs incurred
by the City for reviewing and processing the application, including
the costs of publication, hearing, administration, inspection and
enforcement of such requested permit.
In addition, the applicant shall also be assessed the costs
of any legal and technical consultants retained or employed by the
City for the purpose of evaluating the application’s compliance
with these watershed regulations. An initial fee deposit based on
the City’s reasonable estimate of the total anticipated fees,
including any consultant’s fees, shall be paid by the applicant
to the City within 15 days of the fee being set by the City. Any balance
of fees owed by the applicant to the City shall be paid prior to and
shall be a condition for the issuance of any permit or, if no permit
is issued, such balance of fees shall be payable within 15 days of
billing by the City. Any unused fees shall be returned to the applicant
timely in either event.
(Res. 115-07 § XX-67, 7-30-07)
Prior to issuance of a permit, each applicant shall provide
proof of complying insurance policies obtained by the applicant in
satisfaction of the requirements of applicable regulating agencies,
including but not limited to the City. The form of the proof of insurance
shall be determined by the City. The proof of insurance must demonstrate
current coverage in an amount adequate to compensate for personal
injury and/or property damage as a result of the proposed activity
and/or any environmental degradation that the activity may cause or
reasonably be claimed to cause. The applicant shall provide proof
of current pollution liability insurance policy with a single event
limit of $1,000,000 for minor impact activities and $5,000,000 for
major impact activities. The City shall be an additional named insured
for all coverages. The required insurance shall be provided by a Colorado
licensed insurance company(ies). Required insurance policies shall
remain in full force and effect during the life of the permit and
any renewal thereof, including completion of all activities and reclamation.
The City may accept from the applicant written evidence that the applicant
has satisfied applicable State or federal self-insurance requirements.
The City may accept complying State or federal self-insurance in lieu
of other coverage(s).
(Res. 115-07 § XX-68, 7-30-07)
