Permit No. CO-0047104 Page 1 of 5

                            COLORADO DISCHARGE PERMIT SYSTEM (CDPS)
                                    FACT SHEET FOR AMENDMENT NO.1
                                       ART GUTTERSEN LLC
                                CDPS PERMIT NUMBER CO-0047104
                                         WELD COUNTY
                            _____________TABLE OF CONTENTS_____________

                            I.    TYPE OF PERMIT                      1
                            II.  FACILITY INFORMATION                 1
                            III. PURPOSE OF AMENDMENT                 2
                            IV.  CHANGES MADE AS A RESULT OF THE
                                 AMENDMENT                            2
                            V. PUBLIC NOTICE COMMENTS                 4
I.    TYPE OF PERMIT                          Amendment No. 1

    A. Facility Type:                        Industrial Wastewater – Lagoon System and Land
          Fee Category:                      Category 12, Subcategory 2
          Category Flow Range:               0 up to 49,999 GPD
          Annual Fee:                        $2,150 per 25-8-502 of the Colorado Water Quality Control
                                             Act (effective 7/1/07)
          Amendment Fee:                     $1,183 (55% of Annual Fee, Major Amendment)
          Facility Classification            Class D per Section 100.6.2 of the Regulations for
                                             Certification of Water Treatment Plant and Wastewater
                                             Treatment Plant Operators.
                                             SIC Code = 4789
      B. Legal Contact:                      Art Guttersen, Owner/President
                                             Art Guttersen LLC dba Guttersen Service Center
                                             23691 Highway 263
                                             Greeley, Colorado 80631
     C. Facility Contact:                    Roger Mantz                    Wayne Ramey, Operator
                                             Truckwash Manager              59595 Iris Parkway, Unit A
                                             23691 Highway 263              Frederick, Colorado 80504
                                             Greeley, Colorado              (303) 833-5505
                                             970-352-7588                   (303) 921-0129 (Cell)
      D. Facility Location:                  SW 1/4, NE 1/4 Section 1; T5N; R65W; 6th PM; Weld County.
                                             The truck wash is east of the Weld County Municipal Airport
                                             on State Highway 263, near the intersection of County Road
                                             49 and State Highway 263.
                                             Lat. = 400 25' 45 Long. = 1040 36' 26"
ISSUED________________ EFFECTIVE________________ EXPIRATION: May 31, 2014
                                                                                                   Permit No. CO-0047104 Page 2 of 5

            E. Discharge Points:                 Outfall 001 is the discharge side of the pivot pump and is representative of the
                                                 effluent being land applied at the three sites mentioned below.
                                                 Outfalls 002, 003, and 004 are the three points where effluent is land applied via
                                                 sprinklers. These outfalls exist for flow monitoring only.

                                                 Land application can occur, dependent on type of irrigated crops, from March
                                                 through November at ET and/or agronomic rate(s) (depending on the composition of
                                                 the wastewater) and must comply with all local, state, and federal requirements.
                                                 This permit does not override any other requirements. DMR reporting, regardless of
                                                 whether discharge occurs, is required every month (see Section VI.B. And Parts
                                                 I.B.1. and I.E.1. of the permit).The sites of land application are : Gatewood Center
                                                 Pivot (Outfall 002) – 200 acres; Wagner Center Pivot (Outfall 003) – 130 acres; and
                                                 Romburger Center Pivot (Outfall 004) – 130 acres. Figures 1, 2, and 3 display the
                                                 facility and land application areas (see last pages in the PERMIT).

            F. Facility Flows:                   2.02 MGD - maximum flow to be land applied during any month (permittee will be
                                                 be applying this flow for only day each month) during the irrigation season, March
                                                 through November, dependent on type of irrigated crop. No discharge will occur
                                                during December through February and the washout flow is stored in a lined
                                                pond specifically designed for this use.

   In a letter dated June 17, 2009, the permittee requested two changes to the permit:
   (1) Outfall 001 be removed and Outfalls 002, 003, and 004 will continue and become the compliance points, with analyses
        conducted on a flow-weighted composite sample. Samples of the effluent at the point of discharge to land are believed
        to be more representative than a sample taken on the discharge side of the pivot pump.
   (2) The effluent limitations for BOD, total coliform, and total inorganic nitrogen (TIN) be removed and replaced with
        monitor only requirements. The soil is proposed as sufficient land treatment based on submitted technical data provided
        in the letter and on information contained in the original application for the discharge permit. The permittee will collect
        soil samples from below the root zone (72 to 84 inches) once a year for BOD and fecal coliform analyses. Also, an
        annual report will be submitted and contain – total volume of effluent applied to land, total number of acres used,
        nitrogen loading (lbsN/acre/yr), BOD loading (lbs BOD/acre/yr),and hydraulic loading (inches applied/acre/yr).

   On August 13, 2009, the Water Quality Control Division (Division) received an application for transfer of ownership for the
   permit which was signed by the previous permittee (Larry Miller, L.W. Miller Transportation, August 6, 2009) and the new
   permittee (Art Guttersen, Art Guttersen LLC dba Guttersen Service Center, July 29, 2009).


   The Division is transferring ownership of the permit concurrently with the amendment of the permit. Regulation 61.8(6)
   indicates that a permit may be automatically transferred in 30 days, unless the Division notifies the permittee of an intent to
   modify or to revoke and re-issue the permit. Since the Division was working on amendment request when the transfer
   request was received, the permittee was notified that the transfer would be concurrent with the amendment action.

   Concerning the first request to re-assign the compliance point, the Division agrees;however, there is no need to remove
   Outfall 001. The purpose of Outfall 001 is to monitor the quality of the effluent prior to land application in order to provide
   data for evaluation of compliance with the effluent limitations that limit the amount applied to agronomic rates and land
   treatment. The monitoring of the effluent quality based on composite sampling (flow-weighted) of flows applied to each of
   the three sites is a reasonable option to sampling at the discharge side of the pivot pump. The permit is changed to note that
   reported vales for Outfall 001 will be calculated from composite sampling measurements of the applied flow at each of the
   three land application sites. There is no change to the requirements for Outfalls 002, 003, and 004.

    Concerning the second request and accompanying data, the Division agrees that,given the conditions described in this Fact
   Sheet, there is essentially no opportunity for the applied effluent reach the groundwater, which is at a depth of 18 to 36 feet,
                                                                                              Permit No. CO-0047104 Page 3 of 5

and thus the limitations based on protecting groundwater quality should be changed to monitor only. However, application
rate limitations based on hydraulic and agronomic rates (nitrogen based) are added to limit migration of applied effluent
and associated nitrogen beyond the root zone within the fields. The technical rationale for these decisions is provided

Hydraulic Loading Assessment

The effluent will be stored in a lined holding pond and applied, one day a month, through the three pivots to 460 acres
during the growing season (March through October) (Table 1). The applied effluent is less than 5% of the monthly water
required by the crops during April through October. Thus, the applied effluent will be consumed by evapotranspiration(ET)
during these months. Also, given the precipitation rates, the fields will be irrigated with supplemental water (non-effluent)
during the other days of the month. Although effluent may be applied during March, early portion of the growing season
when crops are not fully established, deep percolation is not expected due to the low application rate. Based on the provided
soil data for the three fields, the permeability is between 0.6 and 6 inches/hour. With groundwater at a depth of 18-36 feet,
there essentially no reason to expect the applied effluent would reach the groundwater. Depending on the operation of the
truckwash prior to the growing season, the storage pond may have available capacity and not need to discharge during
March. Using the information in Table 1, effluent can not be applied unless the irrigated crop is exhibiting the consumptive
use. For example, effluent can only be applied in April or October when the irrigated crops are either alfalfa or grain corn.
Silage corn may be irrigated with effluent during May through September. Further, this assessment applies when the
irrigate crops are those listed in Table 1, or other crops that exhibit greater consumptive use rates during the growing
season. This means that the application period will be depending on the crop water requirements in terms of
evapotranspiration. Applications will only be allowed in months in which evapotranspiration rate exceeds the precipitation

Table 1. Monthly Consumptive Use, Precipitation, and Effluent Application Rates (inches)
    Month                            Consumptive Use                             Average                Effluent
                    Alfalfa          Silage Corn         Grain Corn           Precipitation           Application
January                0                  0                    0                   0.49                  None
February               0                  0                    0                   0.37                  None
March                  0                  0                    0                   1.12                  0.16
April                 2.0                 0                    1                   1.85                  0.16
May                  4.2                 1.9                  1.9                  2.51                  0.16
June                 6.4                 4.0                 4.0                   1.88                  0.16
July                 8.0                 7.3                 7.3                   1.48                  0.16
August                6.6                6.6                  6.6                  1.15                  0.16
September            3.8                 2.0                 2.0                   1.16                  0.16
October              0.6                  0                   2.0                   1.0                  0.16
November               0                  0                    0                   0.82                  None
December               0                  0                    0                   0.45                  None
      Total          31.6                21.7                24.7                 14.28                  1.28
Notes: 1. Consumptive use data from NRCS Colorado Irrigation Guide, Greeley.
       2. Precipitation data from NOAA, Greeley
       3. Effluent application is limited to 2.02 MGD (6.20 acre-feet) each month during irrigation season. This volume
         (6.20 acre-feet) applied to 460 acres equals 0.16 inches/acre. Thus, the rate is 016 inch/ac/month or according to
         the permittee’s plan to apply this water during one day, 0.16 inch/ac/day.

Agronomic Rate Assessment: Nitrogen Based

For this assessment, the Division uses Water Quality Policy (WQP#21) entitled “Guidance for the Determination of
Agronomic Rate for Application of Reclaimed Water Under Colorado Regulation No. 84” (July 2007).

To determine the annual amount of nitrogen that is applied to the cropland, the following equation is used.
                                                                                                Permit No. CO-0047104 Page 4 of 5

           (Annual Volume of Effluent Applied in million gallons) x (Average annual TN in mg/l) x (8.34)
                           (Total Area Irrigated with Effluent in arces)

Using the data for this permit, the result of the equation is:

           (2.02 MGD x 8 days) x ( 19.3 mg/l* ) x (8.34) =       2,601   = 5.65 lbs/ac/yr
                    (460 acres)                                  460

   *An effluent sample from February 8 2005 was analyzed with the following results: ammonia (as nitrogen) = 19.3 mg/l
   and nitrate (as nitrogen) = less than 0.1 mg/l.

The three crops will easily be able to utilize the inorganic nitrogen in the effluent applied to the land. A crop of corn or
alfalfa will utilize several hundred pounds of plant available nitrogen during the growing season.The above policy uses a
threshold of 174 lbsN/ac/yr for turf grass (i.e., the addition of inorganic nitrogen by the effluent should not be above this

Continued Monitoring of BOD and Fecal Colifoms

The permittee submitted information on land treatment of BOD and coliforms, based on local soils data and reference
 information from soil science and from slow-rate system for treatment of wastewater. Also, the permittee noted that fecal
coliforms rather than total coliforms is the appropriate colifom measure. The permittee will continue to monitor these
 parameters at Outfall 001, per permit requirements, and has volunteered to provide: (1) annual BOD and fecal coliform
analyses of soil samples (taken from a depth of 72-84 inches, or below the root zone) from each cropland area, and (2) an
 annual report with the following information:
         total volume of effluent applied
         total number of acres used (with designation of types of irrigated crops)
         nitrogen loading (lbsN/acre/yr)
        BOD loading (lbs BOD/acre/yr)
        hydraulic loading (inches applied/ac/yr).
The Division concluded that reasonable potential does not exist for the application of BOD and coliforms to the three
irrigated land areas. However, these parameters are included in the permit for two reasons: the permittee volunteered to
monitoring for these parameters and the acquisition of these measurements will be helpful to the Division when considering
future permit conditions for land application of industrial wasterwaters.

Compliance with the permit is determined from information provided on the monthly DMRs and any inspections performed
by the Division and not from informaion provided in the annual report. The annual report provides documentation in the
Division file for this permit that additional soil data were collected and are available, with companion summaries of the
DMR data, for future evaluations.

Removal of Monitoring Requirements

The permit contained requirements for the following effluent parameters based on a need to protect groundwater quality:
chloride, sulfate, total dissolved solids, dissolved cadmium, dissolved selenium, and dissolved lead. Based on the above
hydraulic loading assessment, the Division concludes that the applied effluent will not reach groundwater and, thus, these
requirements are removed.

The permit contained a requirement for oil and grease, which is removed, since the effluent is not expected to contain
significant quantities of this parameter.

However, the requirement for pH will remain in the permit but be based on Regulation No. 62, not Regulation No. 41.

Other Administrative Changes
                                                                                                    Permit No. CO-0047104 Page 5 of 5

   Changes were made to Part I and Part II of the permit was replaced with current boilerplate for industrial permits. This
   was done since there was a long period between public notice and issuance of the permit which resulted in the information
   being significantly outdated. Figures 1, 2, and 3 were added to clarify the location of the facility, facility details, and the
   location of land application areas.

                                                                                                                       Gary Beers
                                                                                                                  October 23, 2009

   This section will be prepared after the public notice period, summarize the comments received during public notice, and
   provide the Division’s responses to these comments.

To top