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HomeMy WebLinkAboutFile Documents.1050 Matchless Dr.0113-2020-BRES (25) 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 Supeifund 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'Aland 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. G. "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 Renuirements and Prners.� 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 I RECEIVED 1 05/26/2021 ASPEN BUILDING DEPARTMENT 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.asnennitin.com/ndfs/dents/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.Asnenpitkin.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 RE ! IVE D 2 05/26/2021 ASPEN BUILDING DEPARTMENT (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 he 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:Al l areas ofthe Site must he 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. RECEIVED 05/26/2021 3 ASPEN BUILDING DEPARTMENT 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 arc 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 theEPA. 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 betaken: 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. 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. RECEIVED 4 05/26/2021 ASPEN BUILDING DEPARTMENT • • City of Aspen and Pitkin County SMUGGLERMOUNTAIN SUPERFUND SITE SOIL REMOVAL PERMIT 0061-2020- Building Permit Number:BRES0113-2020-BRES No person shall undertake or conduct any activities or development within the Smuggler Mountain Superfund Site (Site) involving the excavation or exposure of more than one (1) cubic yard (cu Yd) or 1.125 tons ofsoil without first obtaining a permit from the Director of the City ofAspen Building Department or the Director of the Pitkin County Building Department. They shall be sublecl to the requirements set forth in Institutional Controls, Section 7-143 in the City or Section 8-1 in the • County.Activities or development involving excavation ofless than the amount of soil mentioned above shall also require a Permit, but with less handling requirements than soil volume equal to or in excess ofl cu yd or 1.125 tons. Contaminated soils removed from the Site maY only be taken to the Pitkin County Landfill for disposal.Reference the PitkinCounty Special WasteApproval.Form- attached.The owner or owner's representative must CQmpleteAffidavit's 1 and2 with a notarized signature- attached. Property owner: Racquet Club Condominiumssodation • Phone number(s): 3 7q 4 33o ci Mailing address: 1040 Matchless Drive ASPEN CO 81611 Contractor name BUNCHMAN ENTERPRISES • parking lot I Describe-aetivity that w41 tam Vie:Construction of two new garage buildings in the existing • • .r g rk L5 (>$rk.„r►.1 10 1 Depth of excavatiore Surface area disturbed(cu yds or tons)170 CY Cubic yards/tons ofmaterial to be excavated: 170 CY Cubic yards/tons.ofmaterial to be retained on property: 7o CV • Cubic yards/tons ofmaterial to be disposed ofoffproperty: 100 CY How long will excavated material be exposed on surface? 3 months RECEIVED 05/26/2021 1 ASPEN BUILDING DEPARTMENT How will the applicant identity 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 higherJduring the excavation or development period?ALL CONTAM.ITATED SOIL WILL BE RECORDED AND TAKEN TO THE SUPERFUND SITE ANY SOIL STORED ON SITE FOR THE BACKFILL WILL BE TARPED AND COVERED How does the applicant plap to backfill, cover, and re-vegetate contaminated soil left on the property? SOIL STORED FOR BACKFILL WILL BE COVERED WITH TARPS . ALL NEW EXCAVATION FOR THE PARKING LOT WILL BE COVERD WITH NEW ASPHALT.THERE IS A SECTION ON BACK OF RETAINING WALL THAT WILL BE REPLACED WITH SUPERFUND SOIL AND THEN 100% CLEAN TOP SOIL ON THE TOP 12 INCHES. 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: YESCHECKNO_ _ VEHICLES HAULING SOIL TO THE PITKIN COUNTY LANDFILL MUST COVER THE SOIL TOEFFEI:TIVELYPREVEN SOIL FROMB!,OWINGOUTOFTHEVEHICLE_ 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 EnviironmentaI Health Director/Manager). Applicant's Signature: 772tI.._ Date: Z./ RECEWED 05/26/2021 ASPEN BUILDING DEPARTMENT 2 RECEIVED 05/26/2021 ASPEN BUILDING DEPARTMENT City of Aspen and Pitkin County AFFIDAVIT 1 County of Pitkin} State of Colorado} }s.s. The 13 J NCHINIAN EN r i i'RI Si E S after first being sworn upon(his/her) oath, states and agrees as follows: 1. I am otlegal age and am currently suffering no infirmities,which might affect my statement and agreement herein. 2. I am the legal owner or owner's representative of the certain parcel ofreal estate, known as 1040 matchless drive aspen co 8 1 b 11. Aspen, Colorado, which property is located within the boundaries of the Smuggler Mountain Superfund Site(Site)as designated by the United States Environmental Protection Agency (EPA). 3. I have proposed to do certain excavation work upon the referenced property, which work I acknowledge is subject to Institutional Controls in the Site, as the excavated soils contain more than 1,000 parts per million(ppm) of total lead. I understand and agree that such excavated material shall be handled in conformance with the Record of Decision and Institutional Controls for the Site. 4. I will direct my contractors or any persons working for me during this excavation and insure that all excavated materials containing total lead equal to or in excess of 1,000 ppm are transported to an approved repository site, where they will be subject to inventory and be deposited in accordance with repository regulation. It is currently estimated that this project will require the excavation of cubic yard/tons of materials,all of which materials actually excavated shall be accounted for in accordance with current regulations. At the conclusion of my project,I understand that I shall be required to confirm the proper accounting and handling of all such excavated materials before the Building Official will issue my final certificate of occupancy. 5. I understand that falsification of this affidavit may subject me to civil and criminal penalties under local, State and Federal law,including response costs and penalties under the Comprehensive Environmental Response, Compensation,and Liability Act(CERCLA). Owner or Owner's R epre seratati ve= Subscribed and to 1) re the this j5 day of N`,ck,. 20at Notary Publ' • YQLIBETH IRAZU UGALDE 0 5/2 6/2 0 21 Notary Public--State of Colorado Notary ID 20174051626 My Commission Expires Dec 19,2021 ASPEN BUILDING DEPARTMENT OFFICIAL RESPONSE AND CONDITIONS Chief Building Official or designated agent (optional): Approval: Denial: Signature: Date: Environmental Health Director/ Manager or designated agent (required): Approval: Denial: • Signature: Date: Condition of soil: Clean: Contaminated: Comments: RECEIVED 05/26/2021 3 ASPEN BUILDING DEPARTMENT 40,41 G4QpiTi PITKIN COUNTY SPECIAL WASTE APPROVAL FORM SOU D WASTE CPO ER 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: RACQUET CLUB CONDO ASSOCIATION Mailing Address: 1040 MATCHLESS DRIVE City: ASPEN State:__Zip: Address of Contaminated material: 1000 MATCHLESS DRIVE City: ASPEN CO 81611 Telephone: Cell: Fax: Email: Contact Person:MARK BUNCHMAN Company:BUNCHMAN ENTERPRISES Signature: Date: Truck company hauling in:HAGIST EXCAVATION Date expected to start hauling: JUNE Charge to Account*: or check*Name on check: Charge accounts must he set up prior to hauling. Check must be at landfill with first haul bpi 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: ovia email Cathy.Hall@PitkinCounty.com D via fax 970-923-2043 *Soil from the SmugglerSuperfttnd Site does not need labs submitted unless the City o fAspen has required additional testing. We require a signed approval copy ofCOA's ':S'muggler_MountainSuperfund Site Soil Removal Perm_if late Received: Volume or Tons of Waste: 100 OYards oTons. Description of Waste: Date(s) of Waste Generation:JUNE , JULY , AUGUST If bringing in used Waste Containers have they been tri"ple rinsed DYes DNA 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. TotalTons: REC E �/jlED Smuggler: (-Ivy the report to Tom Dunlop(Pitkin County) and Aaron Red{City of Aspen) n5/1 6/2021 ASPEN BUILDING DEPARTMENT • RECEIV D 05/26/202i ASPEN BUILDING DEPARTMENT City of Aspen and Pitkin County AFFIDAVIT 2 County of Pitkin) State of Colorado) } s.s. Theti.ridersi xzed, after being sworn upon(his/her) oath, states as follows: 1. I am currently of legal age and am suffering no infirmity,which might affect my statement and agreement herein. 2. 1 am the legal owner or owner's representative of a certain parcel of real estate, known as (street address) .Aspen, Colorado, which property is located within the Smuggler Mountain Superfund Site (Site)as designated by the United States Environmental Protection Agency (EPA). 3. Sampling data show that soil on my property contains total lead levels equal to or greater than 1,000 parts per million (ppm). I am aware that this concentration of lead in the soil has caused EPA,the City ofAspen and Pitkin County to place certain restrictions including Institutional Controls, on the movement and disposal of this contaminated soil. I certify that I have complied with these restrictions during the course of the construction project undertaken on my property. I confirm that cubic yards/tons of excavated materials were removed from my property and were delivered to the Pitkin County Landfill as required by my building permit. 4. All excavated materials were handled in accordance with the requirements of the Institutional Controls. Soils containing less than 1,000 ppm total lead were disposed of without restriction, as they are considered uncontaminated. 5. I understand that falsification of this affidavit may subject me to civil and criminal penalties under local, State and Federal law,including response costs and penalties under the Comprehensive Environmental Response, Compensation,and Liability Act(CERCLA). Owner or Owner's Representative: Subscribed and sworn to before me this day of ,20_. Notary Public: RECEIVED 05/26/2021 ASPEN BUILDING DEPARTMENT . i • RECEIVE 05/26/2021f ASPEN BUILDING DEPARTMENT