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Mike Boulay <br />-33- July 8, 2011 <br />addressed the CDOW's requests as outlined in paragraph 4 of their November 25, <br />2010 comment letter regarding the proposed Fruita Loadout project. Please <br />discuss other protective measures that will be implemented to protect the <br />watershed such as a designed catchment structure to prevent spill material <br />from entering the Wash. Further the CDOW requests that CAM prepare a <br />Spill Prevention Plan including a spill location for the Wash span site <br />adjacent to the riparian area and wetlands, and has requested that they be <br />notified of any spill or release in a riparian area or entering a stream, wetland <br />or water body. The Division notes that an SPCC Plan is typically a <br />requirement of the CDPS permit but there is no reference to a SPCC Plan <br />anywhere in the PAP. Please update the PAP to include the SPCC Plan if <br />applicable and provide a substantive response to each of the CDOW <br />requests as detailed in paragraph 4 of their comment letter as described <br />above. <br />CAM: The Operator does not find it necessary to design a special catchment structure <br />for the crossing at Reed Wash. As previously stated, the coal will be loaded into cars <br />using precision loading equipment, spillage into Reed Wash is highly unlikely. Further, <br />there are many trains per day on the mainline that traverse Reed Wash upstream of the <br />proposed bridge crossing location. The Operator has noted that no special catchment <br />structure is designed at the crossing of the mainline and Reed Wash, nor the hundreds <br />of other mainline /water crossings utilized by coal trains. No special catchment structure <br />will be designed. The Operator will rely on the aforementioned BMP's during <br />construction and the designed sedimentation control plan after construction. <br />A spill prevention control and countermeasure plan (SPCC) is not required at this time. <br />An SPCC permit will be applied for prior to installation of the above ground fuel tank. <br />An SPCC is not required and will not be prepared for the location for the Wash span site <br />adjacent to the riparian area and wetlands (non - jurisdictional). According to the EPA's <br />website an SPCC is required only for fuels that meet all three criteria listed below: <br />1. be non - transportation - related; <br />2. have an aggregate aboveground storage capacity greater than 1,320 gallons or a <br />completely buried storage capacity greater than 42,000 gallons; and <br />3. there must be a reasonable expectation of a discharge into or upon navigable waters <br />of the United States or adjoining shorelines. <br />The Operator is not exactly sure of the intent of the DOW for preparing a SPCC for the <br />aforementioned areas, but, if it is for the fuel used to power the train based on the EPA's <br />requirements, an SPCC is not required. If the DOW is requesting a SPCC for the coal <br />loaded into the rail cars, it is not required because coal is not fuel. <br />86. Division Response: Response accepted. <br />