HomeMy WebLinkAboutFile Documents.309 Oak Ln.0021-2022-BRES (30) APPLICANT INFORMATION
SMUGGLER MOUNTAIN SUPERFUND SITE (SITE)
In January 1985, the United States Environmental Protection Agency (EPA) named
a portion of Smuggler Mountain and surrounding land a Superfund Site in
accordance with the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA) of 1980.The Smuggler Mountain Superfund Site (Site) was
officially de-listed from the National Priorities List on September 23, 1999. The EPA
determined the Site posed no environmental or health hazard to the community as
long as Institutional Controls were in place and enforced.
Although EPA has de-listed the Site and Pitkin County retained management of the
Site, residents and contractors who live and work at the Site still must follow
Institutional Control requirements. EPA continues to monitor the Site.
Definitions
1. "Activity" means any action occurring on, above, or below the surface of the
ground within the boundaries of the Site that results, or may result in
disturbance of 1 cubic yard/1.125 tons of soil within the Site.
2. "Contaminated soil or other contaminated material" means soil or other
material containing total lead concentrations of equal to or greater than
1,000 parts per million (ppm).
3. "Development" means any construction or man-made change in the use or
character of land including,but not limited to; building,grading, excavating,
digging, paving, drilling,planting, or landscaping.
4. "EPA" means the U.S. Environmental Protection Agency.
5. "Hard surface cover" means a non-permeable or semi-permeable barrier
overlaying the ground surface, such as paving, asphalt, concrete, stone or
wood, and including buildings and other permanent structures.
6. "Institutional Controls"means the special regulations pertaining to
development or other activities within the Site.The Institutional Controls are
available online at: www.aspenpitkin.com . Search for Environmental Health,
Smuggler Mtn.Superfund Site, Institutional Controls.
7. "Landfill" means the Pitkin County Landfill.
8. "Vegetative cover" means plant life including,but not limited to grass, trees,
shrubs and sod that is planted or installed in such a manner as to prevent or
minimize the exposure of ground soil.
Permitting Requirements and Process
1. Applicants must complete a Smuggler Mountain Superfund Site Soil Removal
Permit application for any development or other activity.This includes
landscaping projects involving the excavation or exposure of more than 1
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cubic yard/1.125 tons of soil.Applications are available at the City of Aspen
Building Department and the Pitkin County Building Department and online
at www.aspenpitin.com/pdfs/depts/44/SMUGGLER dirt.pdf
2. Keep a copy of the permit with you and take it to the Landfill with the first
truckload of contaminated soil or other contaminated material. Keep a copy
of all Landfill tickets, receipts, or other records to verify the amount of soil
taken to the Landfill. These documents may be asked for prior to approving
your certificate of occupancy.
3. The Landfill Gatekeeper tracks the amount of contaminated soil or other
contaminated material brought to the Landfill and verifies it with the volume
stated on your Soil Removal Permit.Applicants should contact the Landfill
for fees associated with disposal of contaminated soil or other contaminated
material. Make sure you have filled out the Landfill form titled "Pitkin County
Special Waste Approval Form" available from the Landfill.
Completing the Soil Removal Form
A property within the Site whose soil has tested below 999 ppm total lead or a
property that has received a "clean letter" from the EPA that wants to do any activity
that will displace more than 1 cu yd/1.125 tons of soil must do the following:
1. Obtain a Smuggler Mountain Superfund Site Soil Removal Permit from either
the City of Aspen or Pitkin County(they are also available on line at
www.Aspenpitkin.com under Environmental Health Department).
In this case, only the first 3 pages of the permit need to be completed
A property within the Site that has total lead concentrations equal to or greater than
1,000 ppm, and will move 1 cu yd/1.125 tons or more of soil must do the following:
1. Obtain a Smuggler Mountain Superfund Site Soil Removal Permit from either
the City of Aspen or Pitkin County(they are also available on line at
www.Aspenpitkin.com under Environmental Health Department).
2. Complete the first three pages of the permit and return them to either City of
Aspen or Pitkin County Environmental Health Departments. Have Affidavit 1
notarized and attach it to the soil removal permit form.
3. Material from these properties that are not to remain on the property must
be taken to the Pitkin County Landfill. Make sure to fill out the Pitkin County
Special Waste Application Form in your packet.
4. After all of the material on the property has been excavated, contact the
Landfill to let them know the project is complete.
5. The Landfill will inform you of the exact amount of material you delivered to
the Landfill.
6. With that information, fill out Affidavit 2,have it notarized and return it to
either the City of Aspen or Pitkin County Environmental Health Departments.
7. When you have finished your landscaping with either one foot of soil
containing less than 1,000 ppm total lead with a permanent vegetative cover
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(grass); or a hard surface cover (asphalt, 12 inches of gravel, concrete),
• contact either Environmental Health Department to initiate having EPA send
you a letter stating you are in compliance with regulations (known as a
"clean letter").
Performance Standards and Site Maintenance
1. Excavation and construction: Any disturbed soil or other material that is,
or may be contaminated, and that is to be stored above ground shall be
securely contained on and covered with a durable non-permeable tarp or
other protective barrier approved by the City of Aspen Environmental Health
Department or the Pitkin County Environmental Health Department. This is
to prevent leaching of contaminated soil or material onto or into the surface
soil. Sufficient measures must be taken to prevent soil from being tracked
offsite.
2. Removal of contaminated soil or material: No contaminated soil or other
contaminated material shall be removed,placed, stored, transported or
disposed of outside the boundaries of the Site without having first obtained
any and all necessary State and/or Federal transportation and disposal
permits. Contaminated soil or other contaminated material need not be taken
to the Landfill if it is determined that there exists a satisfactory method of
disposal at the excavation site, or if the material is being taken to another
duly licensed and authorized receiving facility. The City of Aspen and Pitkin
County may require soil testing to determine lead content of any soil or other
material on the site.
3. Dust suppression: All development and other activities shall be
accompanied by dust suppression measures to minimize the creation and
release of dust and other particulates into the air.
4. Vegetable and flower gardening or cultivation: No vegetables or flowers
shall be planted or cultivated within the Site boundaries except in beds
consisting of not less than 12 inches of soil containing less than 1,000 ppm
total lead.
5. Surface coverage:All areas of the Site must be maintained with a permanent
vegetative or hard surface cover. Except as allowed pursuant to a duly
obtained permit, no person may alter any part of a permanent vegetative or
hard surface cover absent prior notice to the Aspen Environmental Health
Department or the Pitkin County Environmental Health Department. To
obtain a "clean letter" (see below) from the EPA a minimum of 12 inches of
uncontaminated soil must be placed over contaminated soil or other
contaminated material, and the area revegetated after a construction or
landscaping project has taken place. It is also acceptable to cover
contaminated soil or other contaminated material with 12 inches of gravel,
or pave it with concrete or asphalt.
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6. No erosion:All areas within the Site must be maintained in a manner to
minimize erosion, including adequate provision for drainage and surface
water run-off to prevent the formation of standing pools, ditches or gullies.
Inspections
1. All areas within the Site are subject to inspection by the City of Aspen and
Pitkin County with authority to enforce Institutional Controls. On-site
inspections are done with consent of the property owner or occupant. If
consent is denied a court order can be sought.
2. Inspections are done randomly, but routinely throughout the year.
"Clean Letters"
1. Property owners within the Site who have correctly remediated their
property are supposed to receive a "clean letter" from EPA, stating that the
property requires no further remediation. This finding is based on no further
disturbance of the remedy by current or future owners.
2. After a property has been fully remediated, Pitkin County Environmental
Health Department sends a notice to EPA identifying the property owner(s)
and the property address, requesting that a "clean letter" be sent. The EPA
sends the "clean letter" directly to the property owner(s). Neither the City of
Aspen or Pitkin County receives a copy of the EPA letter to the property
owner(s). Pitkin County's only record of properties that have been cleaned is
the notification letter sent to the EPA.
Violations/Enforcement
1. If the City of Aspen or Pitkin County determines that a violation of the
Institutional Controls has occurred the following actions may be taken:
i. A verbal warning followed by written notice to the property
owner(s) of the violation and corrective action required.
Violations must be corrected immediately and will be
evaluated for compliance by the City of Aspen and/or Pitkin
County.
ii. A citation and court summons (if necessary) will be issued by
the City of Aspen and/or Pitkin County, or other enforcement
action may be taken such as a stop work order if the violation
is not corrected in a timely fashion. Compliance timing will be
determined by the City of Aspen and/or Pitkin County. The
court summons may be issued to the property owner(s)
and/or the developer found in violation.
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City of Aspen and Pitkin County
SMUGGLER MOUNTAIN SUPERFUND SITE SOIL REMOVAL PER IT
Building Permit Number: 0021-2022 RES
No person shall undertake or conduct any activities or development withi the
Smuggler Mountain Superfund Site (Site) involving the excavation or expo ure of
more than one (1) cubic yard (cu yd) or 1.125 tons of soil without first obt ining a
permit from the Director of the City of Aspen Building Department or the irector of
the Pitkin County Building Department. They shall be subject to the requir ments
set forth in Institutional Controls, Section 7-143 in the City or Section 8-1 i the
County.Activities or development involving excavation of less than the am unt of
soil mentioned above shall also require a permit,but with less handling
requirements than soil volume equal to or in excess of 1 cu yd or 1.125 ton .
Contaminated soils removed from the Site may only be taken to the Pitkin ounty •
Landfill for disposal. Reference the Pitkin County Special Waste Approval Form-
attached.The owner or owner's representative must complete Affidavit's 1 and 2
with a notarized signature-attached.
Property owner: Chris Campaigne
Phone number(s): 719-293-0513 •
Mailing address: 309 Oak Lane, Aspen Co 81611
Contractor name:_SH BUILDING GROUP
Describe activity that will take place: Remove existing construction, f oundation,
f ence, shrubs,landscape and gravel. Build a new single family home and landscape
Depth of excavation:`- Surface area disturbed (cu yds or tons) .
Cubic yards/tons of material to be excavated: 2-S0\(.S
Cubic yards/tons of material to be retained on property: 0 • _
• a-50 LA)Cubic yards/tons of material to be disposed of off property: S
How long will excavated material be exposed on surface? 1414-
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• I
How will the applicant identify and segregate clean soil (soil with a total lead
content of 999 parts per million [ppm] or less) from'contaminated soil (soil with a
total lead content of 1,000 ppm or higher) during the excavation or development
period?
All soil is contaminated, therefore will be disposed at the landfill •
How does the applicant plan to backfill, cover,and re-vegetate contaminated soil left
on the property?
There will be no loose soil left at the property. New soil will be
obtained for backfill
I (applicant) agree to comply with all Performance Standards, Soils Testing, and
• Inspection and Maintenance as described in the Institutional Controls adopted by
the City of Aspen and Pitkin County: YES 7C; NO
VEHICLES HAULING SOIL TO THE PITKIN COUNTY LANDFILL MUST COVER THE
SOIL TO EFFECTIVELY PREVENT SOIL FROM BLOWING OUT OF THE VEHICLE.
VEHICLES TAKING SOIL TO THE LANDFILL MUST TELL THE GATEKEEPER THE
EXACT STREET ADDRESS OF THE JOB,AND WHETHER THE SOIL IS
CONTAMINATED OR CLEAN (noted by the Environmental Health
Director/Manager). •I,
•
Applicant's Signature: `1
Date:
01/03/23
•
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OFFICIAL RESPONSE AND CONDITIONS
Chief Building Official or designated agent(optional):
Approval: X Denial:
Signature: )4")i'V `J
Date: 1/11/23
Environmental Health Director/Manager or designated agent (required):
Approval: Denial:
Signature:
Date:
Condition of soil: Clean: Contaminated:
Comments:
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COVNT� PITKIN COUNTY SPECIAL WASTE APPROVAL FORM
SOLID WASTE CENTER
This form is to be used to describe soils and/or cleanup materials which have been contaminated. The material being
delivered for disposal at the Pitkin County Solid Waste Center can contain no free liquid and cannot be a hazardous
waste under state or federal authority. All of the following information must be supplied:
''
Name of Generator: l r(��.J�!'i S GUYTowoort)7,_ cl a3 -- 051
Mailing Address: f::::4;k Oqk LCo Q City: Ave" State:Co Zip: SU/
Address of Contaminated material: 3C, Oak. City: /4'5
Telephone:11 R-0/9 eth' • Fax: Email:
Contact Person: C oui r C.V?ir{-r-rbiS Company: MOUrtht.431 1,301(S
Signature: — Date: 01/03/23
Truck company hauling in:rilvnc °//4K.5 Date expected to start hauling: 01/16/23
Charge to Account*: I' ki Ac, • or check* Name on check:
*Charge accounts must be set up prior to hauling. Check must be at landfill with first haul but may be left open to run for a week at a time.
ALL materials* must have Analytical Lab Data submitted and approval given before material arrives at
landfill. Date submitted: D via email Cathy.Hall@PitkinCounty.com ❑via f x 970-923-2043
*Soil from the Smuggler Superfund Site does not need labs submitted unless the City of Aspen has r quired additional
testing. We require a signed approval copy of COA's "Smuggler Mountain Superfund Site Soil Rem val Permit"
Date Received:
Volume or Tons of Waste: a`JO , Yards ❑Tons
Description of Waste: Er•CPV iDrN y'rlai-exo
Date(s)of Waste Generation:
Source of Waste: ❑Spill ❑UST ❑AST ❑Non-friable Asbestos ❑Other:
If bringing in used Waste Containers have they been triple rinsed: ❑Yes ❑NA
Reviewed and approved by Pitkin County by: Date:
Notes/Conditions:
A copy of this approved form will be returned to you. Fax or Email:
1st Date Accepted at Pitkin County Solid Waste Center:
Last Date:
Run report for project. Total Tons:
Smuggler: Copy the report to Tom Dunlop(Pitkin County)and Aaron Red(City of Aspen)