HomeMy WebLinkAboutcoa.lu.pu.Holy Cross PUD Extension.A045-01A045-01
Holy Cross PUD Extension of PUD Plat
Recordation
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER A045-01
PARCEL ID NUMBER
PROJECT ADDRESS
PLANNER Fred Jarmin
CASE DESCRIPTION Holy Cross PUD Extension of PUD Plat
Recordation
REPRESENTATIVE Holy Cross Energy
DATE OF FINAL ACTION
CLOSED BY Amy DeVault
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PARCEL ID: I il DATE R&D: 4/30/01 # COPIES:= CASE
CASE NAME: Holy Cross Extension of PUD Recordation Deadline 11 PLNR:r—
PROJ ADDR:IHoly Cross PUD D CASE TYP:IExtension of Recordation Deadline II STEPS
OWN/APPI Holy Cross Energy ADR PO Drawer 2150 C/S/Z: Glenwood Springs/C PHN: 945-4081
REP: ADR: CIS/Z: PHN�
FEES DUE: 500 FEES RCVD Need Fee STAT:
BYJ-,I DUE:
MTG DATE REV BODY PH NOTICED
DATE OF FINAL ACTION
REMARKS CITY COUNCIL;
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CLOSED: BY: DRAC:
PLAT SUBMITD: I PLAT (BK,PG): ADMIN:
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May 4, 2001
City of Aspen
Attn: Fred Jarman
Planning Department
130 South Galena Street -
Aspen, Colorado 81611
3799 HIGHWAY 82 • P.O. DRAWER 2150
GLENWOOD SPRINGS, COLORADO 81602
(970) 945-5491 • FAX (970) 945-4081
Re: Holy Cross Energy Planned Unit Development
Ordinance Number 21, Series of 2000 Adopted June 26, 2000
Dear Mr. Jarman:
MAY 0 / 001
ASPEN / PI rKIN
COMMUNITY DEVELOPMENT
Please find enclosed a $500.00 check for the deposit required to process our request
for a 180-day extension in the filing deadline for the final Planned Unit Development
Plat for our Castle Creek property.
Please contact me at (970) 947-5414 if I can be of any assistance. Thank you for your
consideration of this matter.
Sincerely,
HOLY CROSS ENERG
Robert H. Gardner,
General M.anager - Support. Services
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Enclosure
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COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 8161 1" 3
(970) 920-5090
City of Aspen
Land Use:
1041 Deposit
1042 Flat Fee
1043 HPC
1046 Zoning and Sign
Referral Fees:
1 163 City Engineer
1205 Environmental Health
1190 Housing
Building Fees:
1071 Board of Appeals
1072 Building Permit
1073 Electrical Permit
1074 Energy Code Review
1075 Mechanical Permit
1076 Plan Check
1077 Plumbing Permit. '
1078 Reinspection
1079 Aspen Fire
Other Fees:
1006 Copy
1 165 Remp Fee
1302 GIS Maps
1303 GIS Fee
1481 Housing Cash in Lieu
1383 Open Space Cash in Lieu
1383 Park Dedication
1468 Parking Cash in Lieu
Performance Deposit
1268 Public Right-of-way
1164 School District Land Ded. _
TOTAL rJl� C
NAME: �1 & ��r 0� s
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ADDRESS/PROJECT: �I/.
PHONE:
CHECK#
CASE/PERMIT#: J� T # OF -COPIES:
DATE: -'� �� INITIAL:
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MEMORANDUM
TO: Mayor and City Council
THRU: Steve Barwick, City Manager
John Worcester, City Attorney
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM: Fred Jarman, Planner
RE: Holy Cross Energy —180 day PUD Plan & Plat Extension Request
DATE: April 20, 2001
Power Plant Road.
APPLICANT:
Holy Cross Energy .h
LOCATION:Ilk
Along Power Plant Rd., north of .p•..,�,,:. a Yy `�,,,,,/ j "-�
Hwy 82 and Castle Creek Bridge
..
CURRENT ZONING:`'" N, _ +'
R-30/PUD Overlay `�lir
CURRENT LAND USE:
•- - 1��`-�A1��`�`yri'
Vacant
PROPOSED LAND USE:
• '—" - `
Residential
The arrow points to the proposed location for a single family
-
residence. The trail down to Power Plant Road would
become the driveway; utilities would be located beneath a
LOT SIZE:
rebuilt trail in the foreground parallel to Hwy 82.
32,456 sq. ft.
SUMMARY:
FAR:
The purpose of this application is to preserve approvals of
R-30/PUD Allowable: 3,581 sq. ft.
a rezoning and site specific Planned Unit Development
Proposed Allowable: 3,200 sq. ft.
(PUD) Plan for the development of a single family
residence. The property received land use approvals to
rezone the property bringing the parcel into conformance
with the land use code and a PUD overlay that established
the building envelope and other dimensional
requirements. The City was also provided with a
permanent trail easement across this lot.
1
REVIEW PROCEDURE
In general and pursuant to Land Use Code Section 26.445.070 "Recording a Final
PUD Development Plan", an applicant that has received certain land use approvals in
the form of a Planned Unit development (PUD) may request to extend the recordation
date established by the code and or City Council Ordinance.
The Land Use Code specifically states, unless otherwise specified in the City Council
Ordinance granting final approval of a PUD development plan, all necessary documents,
as applicable, shall be recorded within one -hundred -and -eighty (180) days of the adoption
date of the final Ordinance. Failure to file these documents within this time period shall
render null and void the approval of a final development plan. The City Council may, at
its sole discretion and for good cause shown, grant an extension of the deadline, provided
a written request for extension is received no less than thirty (30) days prior to the
deadline. Reconsideration of the final development plan and PUD agreement by the
Planning and Zoning Commission and City Council may be required before its
acceptance and recording.
STAFF COMMENTS:
Holy Cross Energy Association (Applicant) is requesting a 180-day extension to file the
PUD plan and final plat for land use approvals received pursuant to Ordinance 21,
Series 2000 adopted by the Aspen City Council on June 26"'; 2000. The applicant
submitted this request via a letter to the Community Development Staff on April 20,
2001. Ordinance 21, Series 2000 adopted by the Aspen City Council on June 26",
2000 specifically states, in Section 2, Condition #2, the following:
2. A Final PUD Plan shall be recorded within 360 days of the final approval granted
by the City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers for
physical improvements and parking spaces within City right-of-way, and location of
utility pedestals.
Ordinance 21, Series 2000 would expire on June 26, 2001. Thirty days prior to this
date is May 26, 2001. Therefore, it is clear that the applicant has submitted a letter of
request to extend the PUD Plat recordation date within the required timeframe which is
at least thirty days prior to the expiration date originally established via Ordinance 21,
Series 2000. The applicant has met this requirement.
REASON FOR EXTENSION REQUEST
The City Council may, at its sole discretion and for good cause shown, grant an extension
of the deadline
4
RECOMMENDATION:
Staff recommends City Council approve this request by the Holy Cross Energy
Association to extend the PUD recordation deadline for 180 days reestablishing a
new PUD recordation deadline of December 26, 2001. .
RECOMMENDED MOTION:
"I move to approve Ordinance No. _, Series of 2001, approving a request by the Holy
Cross Energy Association to extend the PUD recordation deadline for 180 days reestablishing
a new PUD recordation deadline of December 26, 2001.."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A -- Letter from Applicant
-- t
MEMORANDUM
TO: Mayor and City Council
THRU: Steve Barwick, City Manager
John Worcester, City Attorney
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM: Fred Jarman, Planner
RE: Holy Cross Energy —180 day PUD Plan & Plat Extension Request
DATE: April 20, 2001
APPLICANT• Power Plant Road.
w
Holy Cross Energy wY
LOCATION:
Along Power Plant Rd., north of
Hwy 82 and Castle Creek Bridge
3.
CURRENT ZONING:'.`'
R-30/PUD Overlay
CURRENT LAND USE: •„„;-.»..". +A, 'rr '"
Vacant
PROPOSED LAND USE: .
Residential The arrow points to the proposed location fora single family
residence. The trail down to Power Plant Road would
become the driveway; utilities would be located beneath a
LOT SIZE: rebuilt trail in the foreground parallel to Hwy 82. An aerial
32,456 sq. ft. photograph is included at the end of this memorandum.
FAR: SUMMARY:
R-30/PUD Allowable: 3,581 sq. ft. The purpose of this application is to preserve approvals of
Proposed Allowable: 3,200 sq. ft. a rezoning and site specific Planned Unit Development
(PUD) Plan for the development of a single family
residence. The property received land use approvals to
rezone the property bringing the parcel into conformance
with the land use code and a PUD overlay that established
the building envelope and other dimensional
requirements. The City was also provided with a
permanent trail easement across this lot.
1
•
•
REVIEW PROCEDURE
In general and pursuant to Land Use Code Section 26.445.070 "Recording a Final
PUD Development Plan", an applicant that has received certain land use approvals in
the form of a Planned Unit development (PUD) may request to extend the recordation
date established by the code and or City Council Ordinance.
The Land Use Code specifically states, unless otherwise specified in the City Council
Ordinance granting final approval of a PUD development plan, all necessary documents,
as applicable, shall be recorded within one -hundred -and -eighty (180) days of the adoption
date of the final Ordinance. Failure to file these documents within this time period shall
render null and void the approval of a final development plan. The City Council may, at
its sole discretion and for good cause shown, grant an extension of the deadline, provided
a written request for extension is received no less than thirty (30) days prior to the
deadline. Reconsideration of the final development plan and PUD agreement by the
Planning and Zoning Commission and City Council may be required before its
acceptance and recording.
STAFF COMMENTS:
Holy Cross Energy Association (Applicant) is requesting a 180-day extension to file the
PUD plan and final plat for land use approvals received pursuant to Ordinance 21,
Series 2000 adopted by the Aspen City Council on June 26', 2000. The applicant
submitted this request via a letter to the Community Development Staff on April 20,
2001. Ordinance 21, Series 2000 adopted by the Aspen City Council on June 26',
2000 specifically states, in Section 2, Condition #2, the following:
2. A Final PUD Plan shall be recorded within 360 days of the final approval granted
by the City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers for
physical improvements and parking spaces within City right-of-way, and location of
utility pedestals.
Ordinance 21, Series 2000 would expire on June 26, 2001. Thirty days prior to this
date is May 26, 2001. Therefore, it is clear that the applicant has submitted a letter of
request to extend the PUD Plat recordation date within the required timeframe which is
at least thirty days prior to the expiration date originally established via Ordinance 21,
Series 2000. The applicant has met this requirement.
REASON FOR EXTENSION REQUEST
The City Council may, at its sole discretion and for good cause shown, grant an extension
of the deadline
2
L�
i
RECOMMENDATION:
Staff recommends City Council approve this request by the Holy Cross Energy
Association to extend the PUD recordation deadline for 180 days reestablishing a
new PUD recordation deadline of December 26, 2001.
RECOMMENDED MOTION:
"I move to approve Ordinance No. _, Series of 2001, approving a request by the Holy
Cross Energy Association to extend the PUD recordation deadline for 180 days reestablishing
a new PUD recordation deadline of December 26, 2001.."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A -- Letter from Applicant
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April 18, 2001
City of Aspen
Attn: Fred Jarman
Planning Department
1 30 South Galena Street
Aspen, Colorado 81611
RFC PEE 11�RE&
APR Z 0 2001
ASPEN / PI I KIN
COMMUNITY DEVELOPMENT
Re: Holy Cross Energy Planned Unit Development
Ordinance Number 21 , Series of 2000 Adopted June 26, 2000
Dear Mr. Jarman:
•
3799 HIGHWAY 82 • P.O. DRAWER 2150
GLENWOOD SPRINGS, COLORADO 81602
(970) 945-5491 • FAX (970) 945-4081
I respectfully request a 180-day extension to the requirement that Holy Cross file a final Planned Unit
Development Plat for our Castle Creek property.
My request is based upon unforeseen circumstances delaying the construction of improvements to the
property and that the Aspen City Council has expressed strong interest in purchasing the Holy Cross
property.
Shortly after Ordinance Number 21 was passed, Holy Cross began its pre -construction efforts. Holy Cross
was asked by the Aspen Parks Department to delay construction of improvements until after Labor Day.
After Labor Day, Holy Cross discovered an 8-inch KN Energy natural gas line crossing its property. The
gas line did not have an easement. It appears that KN's predecessor, Rocky Mountain Natural Gas, built
the gasline across the Holy Cross property based on permission given by the City of Aspen.
The gas line needed to be moved to allow the construction of certain improvements to the property. Since
the gas line was one of two major pipelines serving the City of Aspen, the line's immediate relocation
would have created a hardship for KIN Energy and its Aspen consumers, due to the onset of the heating
season. Holy Cross elected to delay improvement until mid -April 2001.
Holy Cross has also been talking with Jeff Woods and Rebecca Schickling of the City of Aspen, Parks
Department about the possibility of the City purchasing the property. Rebecca Schickling has indicated
that the City Council expressed interest in purchasing the property at their April 9`h Council meeting.
Negotiations are to begin in early May.
Please contact me at (970) 947-5414 if I can be of any assistance. Thank you for your consideration of
this matter.
Sincerely,
HOLY C OSS ENERG
Robert H. Gardner,
General Manager - Support Services
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ORDINANCE NO. 21
(SERIES OF 2000)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE HOLY
CROSS ENERGY CONSOLIDATED PLANNED UNIT DEVELOPMENT AND
REZONING TO R-30, LOW DENSITY RESIDENTIAL, WITH A PUD OVERLAY
ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from Holy Cross Energy, represented by Alan Richman of Alan Richman Planning
Services, for a Consolidated Planned Unit Development (PUD), and Rezoning to R-
30/PUD, Low -Density Residential, for a rectangular shaped property located above the
Aspen City Shop; and,
WHEREAS, the Holy Cross Energy property is approximately 32,456 square
feet, is located in the Conservation and Public Zone Districts; and,
WHEREAS, pursuant to Sections 26.310 of the Land Use Code, the City Council
may approve Amendments to the Official Zone District Map, during a duly noticed
public hearing after considering comments from the general public, and
recommendations from the Planning and Zoning Commission, Community Development
Director, and relevant referral agencies; and,
WHEREAS, pursuant to Section 26.445, the City Council may approve a
Planned Unit Development, during a duly noticed public hearing after considering
comments from the general public, and recommendations from the Planning and Zoning
Commission, Community Development Director, and relevant referral agencies; and;
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Parks Department, and the Community
Development Department reviewed the Project and recommended approval with
conditions; and,
WHEREAS, during a duly noticed public hearing on May 30, 2000, the Planning
and Zoning Commission recommended, by a four to one (4-1) vote, to recommend City
Council approve of the Holy Cross Energy Rezoning to R-30, Low Density Residential,
and Consolidated Planned Unit Development, with conditions contained herein; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendations of the Planning and Zoning Commission,
the Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Holy Cross Energy Association property, which is a rectangular configuration and
located above the Aspen City Shop, shall be rezoned from Conservation and Public to R-
30, Low Density Residential, with a Planned Unit Development Overlay.
Section 2
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Holy Cross Energy Planned Unit Development is approved subject to the conditions of
approval described hereinafter.
1. A PUD Agreement shall be recorded within 360 days of the final approval by City
Council and shall include the following:
a. The information required to be included in a PUD Agreement, pursuant to Section
26.445.070(C).
2. A Final PUD Plan shall be recorded within 360 days of the final approval granted by
City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers for
physical improvements and parking spaces within City rights -of -way, and
location of utility pedestals.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
3. Prior to an application for a building permit:
a. The PUD Agreement and the Final PUD Plans shall be recorded with the Pitkin
County Clerk and Recorder.
b. A public utility easement shall be approved by the Parks Department and, if
approved, utilities shall be installed and the trail along Highway 82 and under
Castle Creek Bridge on the subject property shall be rebuilt in a manner approved
by the Parks Department.
c. A permanent and non -revocable trail easement shall be granted by Holy Cross
Energy Association to the City of Aspen for the trail parallel to and under
Highway 82 and Castle Creek Bridge.
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d. A conservation easement, deed restriction, or other similar mechanism acceptable
to the City's Attorney's Office shall be placed on the portion of the property
located below Power Plant Road to ensure that this area remains open space and
undeveloped in perpetuity.
e. The applicant shall grant a permanent easement to the City of Aspen for the
maintenance of the retaining walls and support structures below and around
Castle Creek Bridge. The easement shall be approximately 15 feet to the sides
and above the retaining walls and structures, and continuing to Power Plant Road.
The easement shall be approved by the City Engineer.
f. The Applicant shall meet the then current growth management requirements for
the development of a new single family residence, which may include, but not be
limited to, applying for and obtaining a GMQS allotment or exemption, and
providing affordable housing mitigation requirements at the then current
standards.
g. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer which maintains sediment and debris on -site during and
after construction. If a ground recharge system is required, a soil percolation
report will be required to correctly size the facility. A 2-year storm frequency
should be used in designing any drainage improvements.
h. The Planning and Zoning Commission shall approve at a public hearing a detailed
landscape plan showing the size, species, quantity, and location of all existing and
planned native vegetation on the portion of the parcel located above Power Plant
Road. The review criteria for the landscape plan shall be the following (the
existing PUD landscape review criteria in the Land Use Code):
1. The landscape plan exhibits a well designated treatment of exterior spaces,
preserves existing significant vegetation, and provides an ample quantity
and variety of ornamental plant species suitable for the Aspen area climate.
2. Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
The Planning and Zoning Commission shall approve at a public hearing detailed
architectural character plans for the development of any structure on this site. It is
the purpose of the architectural character plans to demonstrate how the
development will encourage architectural interest, variety, character, and visual
identity in the proposed development and within the City while promoting
efficient use of resources. Architectural character is based upon the suitability of a
building for its purposes, legibility of the building's use, the building's proposed
massing, proportion, scale, orientation to public spaces and other buildings, use of
materials, and other attributes which may significantly represent the character of
the proposed development. There shall be approved as part of the final
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development plan an architectural character plan, which adequately depicts the
character of the proposed development.
The review criteria for the architecture plans shall be the following (the
existing PUD architectural character plans review criteria in the Land Use
Code):
be compatible with or enhance the visual character of the city, appropriately
relate to existing and proposed architecture of the property, represent a
character suitable for, and indicative of, the intended use, and respect the
scale and massing of nearby historical and cultural resources.
2. incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade, and vegetation and by use of
non- or less -intensive mechanical systems.
3. accommodate the storage and shedding of snow, ice, and water in a safe and
appropriate manner that does not require significant maintenance.
4. The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
d. A tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off -site replacement or mitigation of
removed trees.
e. A completed curb, gutter, and sidewalk agreement, if necessary.
f. A completed agreement to join any future improvement districts formed for the
purpose of constructing improvements in adjacent public rights -of -way.
g. Copies of the public utility, trail, conservation, and retaining walls and structures
maintenance easements.
5. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative
agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized,
those fees shall be payable according to the agreement.
6. No excavation or storage of dirt or material shall occur within tree driplines or outside of
the approved building envelope and access envelope.
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7. All construction vehicles, materials, and debris shall be maintained on -site and not
within public rights -of -way unless specifically approved by the Director of the Streets
Department. All vehicle parking, including contractors' and their employees', shall
abide by the 2 hour residential parking limitation of the area. The applicant shall
inform the contractor of this condition.
8. The applicant shall abide by all noise ordinances. Construction activity is limited to
the hours between 7 a.m. and 7 p.m.
9. The applicant shall not track mud onto City streets during construction. A washed
rock or other style mud rack must be installed during construction.
10. All uses and construction shall comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water Conservation
and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to
utilities.
11. The Applicant or owner shall mitigate any public impacts that this project causes,
including but not limited to utility expenses and sanitary sewer and water lines.
12. The building plans shall demonstrate an adequate fire sprinkler system and alarm
system for the entire structure. The Aspen Fire Marshal shall also approve access to
the property.
13. A fugitive dust control permit will be required during construction.
14. Slope stabilization, erosion control, and sediment control measures need to be
implemented before, during, and after construction.
15. No other landscape improvements or changes to the parcel, except those approved by
the Community Development Director, are approved outside the established building
and access envelopes, excluding all necessary trail and retaining wall work.
16. The Applicant has represented that an old storage tank has been removed from the
site and that a soils test has been completed which shows no contamination of the site,
and that no future liability would accrue to the City of Aspen. The Environmental
Site Assessment is attached as Appendix 1.
Section 3•
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 4•
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This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 5•
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 12t' day of June, 2000.
Attest:
WW/.,'c—h4ityberk
FINALLY, adopted, passed and approved this 26`h day of June, 2000.
Attest:
Approved as to form:
orces r, City Attorney
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TABLE OF CONTENTS
1.0 INTRODUCTION AND SCOPE OF SERVICE..................................................................... 1
2.0 SITE DESCRIPTION................................................................................................................ 1
1
3.0 RECORDS
REVIEW................................................................................................................
1
3.1
Historical Use Information..............................................................................................
1
3.1.1 Ownership Information......................................................................................
2
3.1.2 Review of Aerial Photographs............................................................................
3
3.1.3 Historical Map Review.......................................................................................
3.1.4 Historical Interviews...........................................................................................
3
4
3.1.5 Historical Summary ............................................................................................
4
3.2
Physical Setting Information...........................................................................................
4
3.2.1 Topography.........................................................................................................
3.2.2 Soil Conditions....................................................................................................
4
4
3.2.3 Site Geology.........................................................................................................
3.2.4 Regional Groundwater Conditions.....................................................................
5
5
3.3
Regulatory Review..........................................................................................................
6
4.0 SITE
INVESTIGATION...........................................................................................................
6
4.1
Site Observations.............................................................................................................
6
4.1.1 Current Use of the Site ..................... :..................................................................
4.1.2 Description of Specific Site Features..................................................................
6
4.2
Adjoining Property Observations....................................................................................
7
7
5.0 CONCLUSIONS
......................................................................................................................
7
6.0 TERMS
AND CONDITIONS OF ASSESSMENT.................................................................
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to Z
FIGURES
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Figure 1 Site Map
Q M
Figure 2 USGS Map 1960
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Figure 3 USGS Map 1987
USGS Map 1972—Mining Activities in Aspen
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Figure 4
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cm
ATTAC L TENTS
Sanborn Fire Insurance Map Coverage
Q
Photographs
N m
EDR Report
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a�D
ti Z
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Environmental Site Assessment Holy Cross Property Aspen Lot, Aspen, Colorado
1.0 INTRODUCTION AND SCOPE OF SERVICE
This report has been written to comply with the American Society of Testing and Materials (ASTM)
Phase I Site Assessment Standard E1527-97.
This site assessment includes, in the following sections:
site description
limited review of the historic use of the site and adjacent properties
• review of regulatory agency records and environmental databases
conclusions
Waste Engineering, Inc. (WEI) observed the site (Site) in the field on December 21, 1999.
2.0 SITE DESCRIPTION
The Site is generally rectangular in shape and consists of approximately 0.75 acre, as shown on the
attached Site map (Figure 1). The ' Site is located on a steeply sloping hillside with vegetation
consisting of native grasses and scrub oak.
At the time of WEI's reconnaissance, the Site was not developed. Approximately six to eight
inches of snow covered the Site at the time of WEI's visit. Access to the Site is via Power Plant
Road, which bisects the Site, or by a pedestrian/bicycle path. An approximate 1,000-gallon
aboveground storage tank (AST) was located in the south-central portion of the Site. Underground
utilities including telephone and gas lines were observed along the southern Site boundary.
The Site is bordered to the north by Castle Creek. Residential development borders the Site to the
west. Highway 82 forms the Site's southern boundary. The City of Aspen's Maintenance Facility
is located east of the Site.
3.0 RECORDS REVIEW
3.1 Historical Use Information
Historical use information for the Site and adjoining properties was obtained by reviewing
reasonably ascertainable sources such as ownership information, aerial photographs, and interviews
listed below.
3.1.1 Ownership Information
WEI obtained Site ownership information by reviewing public documents at the Pitkin County
Assessor's Office and by interviewing Site owners. According to the county records, the Site is
currently owned by Holy Cross Electric. WEI was unable to trace previous transactions involving
the Site at the Pitkin County Offices and, as an alternative, performed interviews as discussed
below.
I IIIIII III 1 IN
445443 07/25/2000 11:02A ORDINANC DAVIS SILVI
8 of 16 R 80.00 D 0.00 N 0.00 PITKIN COUNTY CO
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Environmental Site Assessment Holy Cross Property Aspen Lot, Aspen, Colorado
WEI interviewed Robert Gardner, with Holy Cross Electric, by phone December 28, 1999. Mr.
Gardner indicated that, to the best of his knowledge, Holy Cross purchased a large tract of land
including the Site in 1953 from Mountain Utilities Company. According to Mr. Gardner, the
original tract of land included property located east of the Site, currently owned and operated as a
maintenance facility by the City of Aspen. Mr. Gardner was not familiar with how long Mountain
Utilities had owned the Site but indicated that the City of Aspen's power plant had been located on
the adjacent property to the east of the Site as far back as the early 1900's.
The ownership information did not reveal past owners of the Site whose company titles or
individual names suggest activities typically associated with the use, generation, storage, or disposal
of hazardous materials.
3.1.2 Review of Aerial Photographs
Available aerial photographs depicting utilization of the Site were reviewed at both the Aspen
Historical Society archives, and at the United States Forest Service (USFS) office in Lakewood,
Colorado.
Llil.-GJ J - i t v
F-14
F 16C 1273285
USDA.41+
612150 1081-
169
USDA-F
890-129
Date
Site Description
10/23/39
The Site and adjacent properties to the north and west are not
developed. A rectangular structure (power plant building) is
Site the
located east of the Site, and Highway 82 borders the to
21
south.
a Site is not eve ope . Power ant Roa traverses a eastern
ortion of the Site and a rectangular structure (power pplant
to the east AdJjacent
Ebuilding)
is located on adjacent property
to the north and west are undeveloped Resi2e tof
properties
structures are located on adjacent property on the
Site and Hiahway 82 forms the Sites southern boundary.
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Conditions on the Site and on adjacent properties appear similar to
those noted in the 1958 photo h.
10
Conditions on the Site an on Jacent propertnes tothe north, west,
and south appear similar to those noted in the 1958 and 1962
photographs. Additional development has occurred on adjacent
property to the east of the Site
9 73
Con on a Site anadjacent properties appear Simi ar.to
those noted in the 1968 photoh.
4 2
The Site is not develoriel An unimproved path traverses the
the Site and also runs parallel to the southern Site
central portion of
boundary. Conditions on adjacent properties appear similar to
those noted in the 1968 and 1973 photooRhs.
25 0
C-o—n-cTitions on the Site an�acent properties appearsunil ar to
present-day conditions; the Site is not developed and has paths
Plant Road
traversing the central and southern portions, Power
traverses the eastern portion of the Site, and Highway 82 borders
the Site to the south. Residential development is located on
adjacent properties to the west of the Site. The City of Aspen's
maintenance facility is located east of the Site.
A review of available aerial photographs indicates that,
footpaths, the Site has not been developed since 1939.
with the exception of a roadway and
Adjacent property to the east has been
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Environmental Site Assessment Holy Cross Property Aspen Lot, Aspen, Colorado
developed as early as 1939, while residential development occurred on adjacent properties to the
west prior to 1958.
3.1.3 Historical Map Review
Historical maps for the Aspen area including the Aspen Times' 1893 map of Aspen and the Willits
map of Aspen, Colorado 1896 were reviewed at the Aspen Historical Society to evaluate potential
impacts to the Site from past development. The Aspen Times' map does not depict development on
the Site. The Roaring Fork Electric Light Company's building is located east of the Site, and
Highway 82 is -located south of the Site. Two smelters and a lixiviation building are located further
south of the Site, upstream along Castle Creek. Similar Site and adjacent property conditions are
depicted on the 1896 Willits map.
WEI requested Sanborn Fire Insurance map coverage of the Site and .adjacent areas from
Environmental Data Resources, Inc. (EDR) of Southport, Connecticut According to EDR's map
database, there is no Sanborn coverage for the Site. A copy of the EDR Sanborn Map Coverage
statement is included in the attachments of this report. However, WEI observed a 1904 Sanborn
map (not available for reproduction) at the Aspen Historical Society which offered partial coverage
of the eastern portion of the Site and adjacent properties to the east. The Sanborn map did not
depict development on the eastern portion of the Site. The Roaring Fork Electric Light and Power
Company's building was depicted on adjacent property to the east of the Site, and Highway 82 was
shown to the south of the Site.
3.1.4 Historical Interviews
Interviews with persons familiar with the Site were conducted to obtain information pertinent to the
environmental evaluation of the Site.
In addition to the ownership information provided above in Section 3.1.1, Mr. Gardner provided
information on the historic use of the Site. According to Mr. Gardner, Holy Cross never developed
the Site during their years of ownership. Mr. Gardner indicated that Holy Cross provided an
easement across the Site for a bicycle path in the mid-1970s, but he was unaware of other
improvements made to the Site. Mr. Gardner stated the AST located in the south-central portion of * c
the Site was on the Site at the time of Holy Cross' purchase in 1953. According to Mr. Gardner, the �.
AST was used as a fuel source for the diesel generators formerly located at the historic power plant o Y
facility east of the Site. The AST was utilized to gravity feed fuel to the generators located
downhill. Mr. Gardner stated that the power plant continued to utilize the AST for generator fueling Cr °'
purposes after Holy Cross had purchased the Site, but he was unaware as to how long the AST m
stayed in use. _
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Mr. Gardner stated that, to the best of his knowledge, there were no pending, threatened, or past m m
litigation, administrative .proceedings or governmental violation notices relevant to hazardous � c
substances or petroleum products in, on, or from the Site. to
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Environmental Site Assessment Holy Cross Property Aspen Lot, Aspen, Colorado
WEI contacted Orrin Moon, with the City of Aspen's Fire Department, on December 28, 1999. Mr.
Moon stated that he was not aware of reported spill events of petroleum products or potentially
hazardous substances on or in the vicinity of the Site based on Fire Department records.
3.1.5 Historical Summary
A review of historical information revealed no recognized environmental conditions associated with
the Site.
3.2 Physical Setting Information
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3.2.1 Topography
The 1960 7.5-minute United States Geological Survey (USGS) Topographic Quadrangle Map
(Figure 2) of Aspen, Colorado indicates that the Site ranges in elevation from approximately 7,900
to 7,840 feet. Surface water resulting from storm events or snowmelt would flow generally to the
north/northeast towards Castle Creek. No structures are shown on the Site. One structure is shown
on adjacent property to the east, and two structures are shown on adjacent property to the northwest
of the Site. Power Plant Road traverses the. Site, and Highway 82 is located south of the Site.
The 1960 (photograph revised in 1987) USGS Topographic Quadrangle Map (Figure 3) of Aspen,
Colorado indicates that the Site is not developed. Development in addition to that shown on the
1960 quadrangle is depicted on adjacent property to the east.
The' 1972 USGS "Map of Mining Activities in the Aspen Area" (Figure 4) indicates that the Site
and adjacent areas are not located in former areas of significant silver, lead, or zinc production.
3.2.2 Soil Conditions
Based on a review of the United States Department of Agriculture (USDA) publication "Soil
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Survey of Aspen -Gypsum Area, Colorado," the predominant soil type at the Site is the Uracca,
moist-Mergel complex, 1 to 6 percent slopes, extremely stony. This soil unit was derived from
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mixed igneous, metamorphic, and glacial material and is typically found on alluvial fans, benches,
and valley slopes. Permeability is moderate, while the hazard of water erosion is considered slight.
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The soil survey indicates that large stones and boulders are typically found on or just below the
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ground surface in this soil unit.
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3.2.3 Site Geology
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According to the "Geologic Map of the Aspen Quadrangle, Pitkin County, Colorado," compiled in
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1971 by Bruce Bryant, surficial geology at the Site is dominated by glaciofluvial deposits which-
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consist of poorly sorted glacial outwash gravels.
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Environmental Site Assessment Holy Cross Property Aspen Lot, Aspen, Colorado
3.2.4 Regional Groundwater Conditions
Groundwater at the Site was not measured during WEI's reconnaissance of the Site. Based on the
proximity of Castle Creek to the Site, groundwater at the Site is expected to be found at elevations
close to that of Castle Creek, an average of 100 feet below ground level.
33 Regulatory Review
The purpose of the records review is to obtain and review reasonably ascertainable records that will
help identify recognized environmental conditions in connection with the Site. For this review,
records were obtained from Environmental Data Resources, Inc. (EDR) of Southport, Connecticut.
The EDR report is attached at the end of this report.
our investigation included, but was not limited to, a review of the following lists prepared and
maintained by environmental regulatory agencies for the area around the subject Site. The most
recent list update completed by the respective agency in control is identified in the following
section.
• Underground Storage Tank (UST) list, October 12, 1999, from the Colorado Department of
Labor and Employment, Oil Inspection Section
• Leaking Underground Storage Tank (LUST) list, October 12, 1999, from the Colorado
Department of Labor and Employment, Oil Inspection Section (OIS)
• Comprehensive Environmental Response Compensation and Liability Information System
(CERCLIS), August 26, 1999 list from the Environmental Protection Agency (EPA)
• Resource Conservation and Recovery Information System (RCRIS) Generators list,
September 1, 1999
• National Priorities List (NPL) sites, Colorado, July 22,1999
• Disposal Site list, September 1, 1999
RCRIS Treatment, Storage and
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No mapped locations were found in EDR's search of available government records on the Site.
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The Smuggler Mountain site, located approximately one mile east of the Site, is listed in the
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CERCLIS, RCRIS, FINDS, NPL, CONSENT, and ROD databases. This location is on the opposite
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side of the Roaring Fork River from the Site and is not considered a recognized environmental
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condition in regards to the Site.
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The EDR report identified a UST location registered to Dooger Diggins at 1080 Power Plant Road.
In addition, the EDR report identified a RCRIS Small Quantity Generator, a FINDS listing, and four
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USTs at this same address registered to the City of Aspen. The City of Aspen's listing (Location
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No. 5 on EDR maps) is incorrectly located on the EDR maps and should be at the same location as
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the Dooger Diggins listing (Location No. 2 on the EDR maps). The 1080 Power Plant Road
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Environmental Site Assessment Holy Cross Property Aspen Lot, Aspen, Colorado
address is on adjacent property east of the Site. This location is inferred to be down gradient from
the Site and does not represent a recognized environmental condition in regards to the Site.
The EDR report identifies a registered UST for the Aspen Ranger Station located at 806 West
Hallam Street This site is located beyond minimum ASTM search distance from the Site and is not
considered a recognized environmental condition in regards to the Site.
The EDR report included three off -site listings that were incorrectly located on the EDR-generated
maps. The correct location of the Roaring Fork Transit Agency (Location No. 1 on EDR maps) is
approximately 2.5 miles northwest of the Site, which is beyond minimum ASTM search distances
from the Site. Similarly, the Aspen/Pitkin County Airport and Rental Car Fuel Facility (Location A
on EDR maps) are both located approximately two miles northwest of the Site, beyond minimum
ASTM search distances from the Site. The third incorrectly mapped listing is for the Buttermilk
Upper Shop; the correct location is approximately one and a half miles north of the Site, beyond
minimum ASTM search distances from the Site.
The EDR report indicates a list of orphan sites that were un-mappable due to incomplete address
information (page 17). WEI has reviewed this list of orphan sites, and the listings appear to be
beyond the required minimum search distance from the Site and are not considered recognized
environmental conditions in regards to the Site.
4.0 SITE INVESTIGATION
4.1 Site Observations
The Site and adjoining properties were visually observed on December 21, 1999.by WEI personnel.
Due to approximately six to eight inches of snow covering the Site at the time of our
WEI was unable to evaluate the ground surface for the presence of surface staining.
reconnaissance,
Site photographs are included in this report
4.1.1 Current Use of the Site
At the time of our reconnaissance, the Site was not developed. Power Plant Road traverses the
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central of the Site, and a paved pedestrian/bicycle path is located in the south-central portion
portion
of the Site.
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4.1.2 Description of Specific Site Features
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WEI observed an approximate 1,000-gallon AST located in the south-central portion of the Sits,
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adjacent to the pedestrian/bicycle path. Historical information on the AST was discussed earlier, in
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Section 3.1.4. The AST was not in use at the time of WEI's reconnaissance and was partly covered.
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As above, due to the snow cover, WEI was unable to observe the ground surface
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with snow. noted
in of the AST to evaluate the potential for release events from the AST.
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The AST observed on the Site December 21, was scheduled
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1999 and the results are discussed under a separate letter report
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Environmental Site Assessment Holy Cross Property Aspen Lot, Aspen, Colorado
WEI observed a buried metal pipe that was partly exposed in the southern portion of the Site,
running parallel to the bike path. A chain -link fence and a wooden fence were observed along the
bike path traversing the Site. Reinforced rock walls were observed along the steep slopes above and
below Power Plant Road.
l� Chemical odors, sumps, or pits were not identified around or near the Site that would suggest a
release event or recognized environmental conditions.
4.2 Adjoining Property Observations
I
Adjoining properties were visually examined from public access right-of-ways to make a cursory
assessment of the current land use and its potential for recognized environmental conditions that
may have an impact on the Site. Reconnaissance of adjoining properties was performed by viewing
Iland use from legal boundaries or by walking upon the adjoining properties that were legally
accessible.
The Site is bordered to the west by residential development. Undeveloped land and Castle Creek
form the Site's northern boundary. The Highway 82 right-of-way forms the Site's southern
boundary. The City of Aspen's Maintenance Facility is located on adjacent property to the east and
down slope of the Site. The facility includes three structures, one of which is the original Roaring
Fork Electric Company building that was constructed prior to 1893. WEI observed 55-gallon
drums, two ASTs, fuel pumps for both gasoline and diesel, two approximate 1,000-gallon vats
e equipment in the vicinity of the city structures.
containing an unknown fluid, and road maintenanc
5.0 CONCLUSIONS
Based upon the foregoing assessment and data obtained, this ESA has provided no evidence of
recognized environmental conditions existing at the Site. An approximate 1000-gallon AST was
removed from the Site after completion of the field reconnaissance portion of this environmental
site assessment. Information on the AST removal is being provided under a separate cover letter.
6.0 TERMS AND CONDITIONS OF ASSESSMENT
This assessment is based on the information available to WEI at the time of the investigation and
provides an indication of the status of the Site at that time. The opinions expressed concerning the
environmental risks or migration of contaminants are based on the data in the report Additional
data could change the opinions expressed. t
E
The goal of the processes established by the ASTM practice is to identify recognized environmental
conditions. The term "recognized environmental conditions" means the presence or likely presence
of any hazardous substances or petroleum products on a property under conditions that indicate an
existing release, a past release, or a material threat of a release of any hazardous substances or
petroleum products into structures on the property or into the ground, groundwater, or surface water
of the property. The term is not intended to include de minimis conditions that generally do not
present'a material risk of harm to public health or the environment and that generally would not be
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Environmental Site Assessment Holy Cross Propertytpen P
T the subject of an enforcement action if brought to the attention of appropriate governmental
agencies. This process is designed such that completion of the process, as described in this report,
should constitute all appropriate inquiry into the Site and uses of the Site to qualify for the innocent
landowner defense to Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) liability.
A complete definition of the Site conditions would require substantial testing and a more detailed
investigation. Future conditions may change, and further investigation should be completed if
contamination is suspected or if Site conditions substantially change. Because of uncertainties
related to subsurface conditions and the changing nature of Site conditions, it is not possible for
WEI to provide guarantees with this assessment.
P
This ESA did not include any inquiry
with respect to radon, methane, asbestos -containing materials,
lead -based paint, lead in drinking water, formaldehyde, endangered species, wetlands, subsurface
investigation activities, other services, potential conditions, or features not specifically identified
and discussed herein. In those instances where additional services or service enhancements are
included in the report as requested or authorized by the client, specific limitations attendant to those
services are presented in the text of the report
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REGULATORY AND TECHNICAL ACRONYMS
ACMA Asbestos -Containing Material
AHERA Asbestos Hazard Emergency Response Act
AIRS Aerometric Information Retrieval System
AST Aboveground Storage Tank
CDPHE Colorado Department of Public Health & Environment
CERCLIS Comprehensive Environmental Response, Compensation and Liability Information
System t
DOT Department of Transportation
EPA Environmental Protection Agency
1 ERNS Emergency Response Notification System
ESA Environmental Site Assessment
FRP Fiberglass Reinforced Plastic
LPST Leaking Petroleum Storage Tank
LUST Leaking Underground Storage Tank
NPDES National Pollutant Discharge Elimination System
NPL National Priorities List
PCB Polychlorinated Biphenyl
PLM Polarized Light Microscopy
PST Petroleum Storage Tank
RAATS RCRA Administrative Action Tracking System
RCRA Resource Conservation and Recovery Act
USDA United States Department of Agriculture
USGS United States Geological Survey
UST Underground Storage Tank
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