HomeMy WebLinkAboutSmuggler Superfund -Draft Property Owners Relocation PlanDRAF-
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
PRIMARY RELOCATION PLAN
SMUGGLER MOUNTAIN SUPERFUND SITE
ASPEN/PITKIN COUNTY, COLORADO
JUNE -27, 1991
Prepared by
Upper Colorado Region
Bureau of Reclamation
United States Department of the Interior
125 South State Street
Salt Lake City, Utah 84147
SECTION- - PACE,
Introduction ............................................. 1
Policy ................................................... l
Authority................................................ 1
Purpose.................................................. 3
Eligibility .............................................. 2
0ocnyaotm and Households ................................. 2
Children and Expectant Mothers .......,,^^,-,~~~,~..,.,`.,3
Hunter Creek and CentepoiaI Condominiums ................. 4
Pets ....... .............................................. 5
Household Chores ......................................... 6
Remedial Construction Hours uod"Dates.................... 6
Relocation Options for Persons Eligible to
Temporarily Relocate ...,.^.-,,~,~`~'`'~~^`--````^'^~'^~6
Temporary Parking ..........~.,,,..-,`'~^~``~^^``'``'-`'`~6
Temporary Relocation Housing and Expenses ................ 7
Administration ........................................... 7
Businesses ............................................... 8
Relocation 0Vtices,...................................... 9
Claim Forms and Payments .... ,...^,,,.'--^^,^^'`^^~,^^`^^,9
Miscellaneous Expenditures .............................. 1O
Release .......... ............................... ........ lU
Site Security ........................................... IO
Relocation officer ...................................... 1D
Fraudulent Claims ............ ~.......... -^..,.,,.,...... 1l
Appeals ............................................... :.1l
Exhibit A - Release Form ................................ I2
Approval Sheet .......................................... 13
1 314�, A Fm T
In conjunction with planned remediation at the Smuggler Mountain
Superfund Site, located in Aspen, Colorado, families with children 12 years of
age and under, families with expectant mothers, as well as those families with
members that have respiratory conditions are eligible and may elect to
temporarily relocate while remedial construction is taking place on their
property.
The primary health risk at the site is human exposure to lead and cadmium
through direct contact with mine wastes and contaminated soils, inhalation
and ingestion are two, of the most common ways people absorb lead into the
body.
The demonstration project established that the dust suppression methods
used were successful in minimizing airborne lead and cadmium. The project was
closely monitored, and at no time were any of the readings out of what is
considered a safe zone.
Construction activities in the remedial areas will most likely effect
residents by an increased noise level, restricted access and use of their
property, and the potential increased risk of a construction related accident.
Studies have indicated that children 12 years of age and under as well as
pregnant women are generally more susceptible to potential long-term effects
from exposure to hazardous mine wastes containing high lead concentrations.
Further, the general curiosity of children particularly around construction
equipment could lead to a higher accident risk.
POLICY
The Environmental Protection Agency (EPA) will provide advisory services
to all of the occupants located within the project area, and financial
assistance to eligible occupants who elect to temporarily vacate their
premises during specified periods of construction work at the remedial
construction site.
The EPA also ensures that all persons eligible for temporary relocation
assistance shall be treated fairly, equitably, and consistently.
AUTHORITY
The Comprehensive Environmental Response Compensation and Liability Act
of 1980 (CERCLA), as amended by the Superfund Amendments and Reauthorization
Act of 1986 (SARA), and the Uniform Relocation Assistance and Land Acquisition
Policies Act of 1970, as amended by the Uniform Relocation Assistance Act
Amendments of 1987, provide the authority for the execution of this temporary
relocation plan.
1
PURPOSE
This relocation plan was prepared under the direction of the EPA by the
Relocation office of the Upper Colorado Region, Bureau of Reclamation,
Department of the Interior, Salt Lake City, Utah. It is intended to provide
information as to how the temporary relocation of occupants from the Smuggler
Mountain Remedial Site will be implemented and the impact it will have on the
occupants and the community of Aspen, Colorado.
ELIGIBILITY
Financial Assistance
To be eligible for temporary relocation assistance payments, the
following conditions must be met:
1. The displaced persons' (owners or tenants) primary residence is
located at the Smuggler Mountain Remedial Site; or
I
2. The household receives a letter from the EPA, naming each known
occupant, and establishing their eligibility for relocation assistance. If
all of the occupants are related, as in a standard family, each eligible
occupant will not be named.
3. There is a member of the occupant family 12 years of age or under,
or;
4. There is a member of the occupant family who is -an expectant mother,
or;
5. There is a member of the occupant family that suffers from
respiratory problems, or;
6. For some other valid reason the occupants are declared eligible by an
authorized agent of the EPA, and they receive written authorization
establishing their eligibility.
Other persons who believe they will be impacted by the remedial
construction work and require financial assistance are instructed to submit a
written request to the Relocation Officer, or other designated official
stating their case for receiving financial assistance. Each case will be
reviewed on its own individual merits and receive a prompt response.
OCCUPANTS AND HOUSEHOLDS
For relocation purposes, a household is defined as one or more occupants
that would probably relocate together. A survey of nonrelated occupants
living in the same unit at the site revealed that most nonrelated occupants
would probably temporarily relocate to different locations. one family is
considered one household.
2
Eligib Hou ehl
32
Households Eligible To Relocate ......................... M
Households That Would Relocate ........................... --
Households In Which I of The 2 Parents Will 4
Relocate With The Children ...........................
Households That Prefer Not To Relocate .................. 8
Senior Citizens
Total Senior Citizens, 65 Years and older ................ 7
Senior Citizens Electing To Relocate .....................2
Tenant Households.........................................I
owner Households ......................................... 4
The senior citizen tenant household consisting of a married couple
elected to 'temporarily relocate into a condominium in Aspen.
The remaining seniorcitizensare Aspen natives or long-time occupants of
the area and expressed no major concerns regarding the project or the desire
to temporarily relocate.
Information relating to occupants and households was compiled from
personal interviews with individuals living within the remedial site. The
majority of the interviews took place prior to February 1, 1991.
CHILDREN AND EXPECTANT MOTHERS
All of the members of households with children 12 years of age and under
and households with expectant mothers are eligible to temporarily relocate.
Children,12 Years of Mothersge and Under and Ex
Total Children .......................................:..36
Total Known Expectant Mothers ........................... 1
Households With Children Under 12 Years Of Age.......... 23
Households Expecting First Child .................. ***,.. 1
Households Planning To Temporarily Relocate..........,. .. 18
Households Not Planning To Temporarily Relocate.........
6
Aye _Breakdown
Ag_e
Number
0 2
8
3 4
7
5 6
5
7 8
7
9 10
7
11 12
2
3
LA -IMM W -W -W-71143=431
Public schools will be out during the 3 -month period from approximately
June 6 through September 6, during which time remedial construction work will
be taking place. Some of the youngsters, summer play areas will temporarily
be unavailable. There will also be construction equipment, including large
trucks, in areas which youngsters use for walking and playing. Due to these
problems and potential hazards, some parents have elected to vacate their
premises while remedial work is taking place on their property.
The preparation of safe paths around the construction work will be
provided in construction areas with signs and caution tape. As the work
progresses, if any citizens have ideas of how to improve any safety methods
being practiced, their input will be greatly appreciated.
Eligible Occupants Who Have Not Been Contacted
Those occupant families who have children 12 years of age and under and
expectant mothers who have not been contacted by the Bureau of Reclamation
(Reclamation) regarding temporary relocation, will be asked to contact the
Relocation Officer assigned to the project at the time the remedial
construction program is implemented. A telephone number and mailing address
will be provided to all occupants when this information has been established.
Handicapped and Elderly
Reclamation is not aware of any elderly or handicapped occupants confined
to the premises in wheel chairs, using walkers or crutches, or requiring
special attention- -Should such a situation exist, that individual or family
will be eligible for temporary relocation.
HUNTER CREEK AND CENTENNIAL CONDOMINIUMS
The occupants of Hunter Creek and Centennial Condominiums are not
included in this relocation plan, except for documenting the number and type
of units.
Centennial Condominiums (Centennial) have elected to manage their own
cleanup operations, and Reclamation will not be involved in Centennial
remedial construction work or temporary relocation activities, if any.
Centennial has a total of 240 units consisting of 148 rental units and
92 privately owned condominiums. Hunter Creek Properties have 295 privately
owned condominiums. Both facilities have a zero vacancy factor.
4
0
All --P-IzI—QED–e-r-k
All occupants who are pet owners are eligible to place their outdoor
animals (dogs and cats) in a kennel or with friends for a specified period of
time at the expense of the EPA. Prior to placingoffoutdoor animalskennel,
ated icial should be notified and
the Relocation officer or other design will also be informed of the
approve the transaction. At this time pet owners
payment process.
it will be necessary to temporarily remove some fences.
Pet owners should consider temporarily relocating their outdoor animals
if any of the following are applicable to them:
1. The pet(s) may get in the way of construction activities and be
injured.
2. The pet(s) may be annoy I ed by the construction activities and bark or
growl at the workers.
3. The pet(s) may bite the workers.
4. They do not wish to keep their outdoor animal(s) indoors.
5. The pet(s) will be a nuisance to the construction workers and
activities.
Lets Owned By _Reloc�atin �Owne�rs
Pet owners who are eligible for temporary relocation assistance may place
any of their pets in a kennel or with a friend at the expense of the EPA
during that period in which they are eligible to receive temporary relocation
assistance.
Pet Inventor
Animal Type Number
Cats
36
Dogs
45
Aquariums
4
Snakes
6
Birds
5
Pet Relocation Ex eases
The average cost of placing a dog or cat in a kennel in the Aspen area
for I day is $10. The estimated cost of relocating pets is $1,000-
M
Temporarily displaced persons are requested to return In the evenings,
after construction work has stopped for the day, if appropriate, to feed and
water those pets remaining on the premises.
HOUSEHOLD CHORES
Temporarily relocated persons may return to their residences in the
evenings after construction work has ceased for the day, for the purpose of
watering plants or performing other household chores.
REMEDIAL CONSTRUCTION HOURS AND DATES
Cleanup activities are scheduled to take place August 1 through
October 31, 1991 and May I through October 31, 1992. weather permitting, the
dates may be extended to allow for additional construction activity. The
remedial contractor will commence daily construction activities at 7 a.m. and
cease daily at 5 p.m. Generally, no construction activity is programmed for
the weekends.
RELOCATION OPTIONS FOR PERSONS
ELIGIBLE TO TEMPORARILY RELOCATE
During the construction activities eligible occupants may elect to:
1. Remain on the premises during the day while construction activities
are taking place. Occupants should be aware of the applicable regulations and
hazards related to being in a construction area.
2. Return in the evening while the remainder of the construction work is
taking place for the day, or after the daily work has been completed.
3. Temporarily relocate into a rental unit, preferably a furnished unit
with kitchen facilities.
4. Move in with friends or relatives.
TEMPORARY PARKING
There is presently a shortage of parking in the Smuggler Mobile Home
Park, and parking is not permitted on the streets. During the remedial
construction period, parking problems are expected to increase because access
will be restricted on those streets where remedial construction work is taking
place. Temporary parking is being arranged for residents of the Mobile home
parks to be available while their respective properties are being remediated.
I
TEMPORARY RELOCATION HOUSING AND EXPENSES DRAFT
A daily expense cap of $260.00 for a family Of two adults and one child
has been determined based upon government per them rates. This cap is
designed to cover lodging, meals and incidental expenses with receipts being
required for lodging and expenses. The formula for calculating the daily
expense cap is as follows:
First adult $119.00 per day (85.00 Lodging, 34.00 meals and expenses)
Second adult 2/3 of $119.00 or $7'9.00 per day
First child 1/2 of $119.00 or $59.50 per day (each additional child at
same rate)
Total $119.00 + $79.00 + $59.50 = $257.50 (rounded to $260.00)
(2 adults and I child)
Example: Family of 2 adults, 3 children = $260.00 + $120.00 = $380.00 per day
ADMINISTRATION
The following guidelines will apply:
1. Reimbursement will only be for actual expenses incurred.
2. Should expenses exceed the daily expense cap, such expenses will be
paid providing they are considered reasonable and the individual has necessary
receipts.
3. The daily expense cap includes meals (see above formula) whether the
parties reside in housing provided by the EPA (rental units) or in housing
they have rented.
4. It is intended that reasonable expenses, including laundry, pet
kennel fees, etc., be reimbursed.
Construction activities during 1991 are planned to commence about
August 1. Thus, relocation activities for the 1991 construction season will
commence at approximately the same time. As an essential part of this
relocation plan, EPA plans to rent at least two condominiums in the Aspen area
which will be made available for temporary relocation of families from the
Smuggler Site. Families being relocated may opt for these facilities (if
available) or find their own accommodations.
h
fil, i R AFT
WEV WOM
Those eligible families and individuals that elect to stay with friends
and relatives will be compensated for actual reasonable expenses for lodging,
meals, and related miscellaneous expenses. Receipts will be required prior to
making payments. Commercial receipts, when available, will be required.
Friends and relatives can prepare their own written receipts. Noncommercial
receipts should have the following information:
1. The type of services provided.
2. The dates the services occurred.
3. The specific cost of each service on a daily basis.
4. The address where the service occurred, such as the lodging address.
5. The name, address, and signature of the individual providing the
service.
BUSINESSES
There are 22 businesses located within the remedial Reclamation
construction area, 20 of which are operated out of private homes.
Fifteen of the home businesses' first preference is to remain on the
premises during construction activities, with only 5 businesses preferring to
temporarily relocate.
Home ORerated Businesses Eligible To Temporarily Relocate
1. Hairdresser
2. Massage Therapists
3. Two River Trip Businesses
Both the hairdresser and the massage therapy businesses have patrons that
receive services at houses located within the project area. The potential
exists that the project could have a negative impact upon the patrons of the
said businesses, causing them to seek services elsewhere. These businesses
will, therefore, be given the opportunity to temporarily relocate.
The 2 river trip businesses may elect to store their equipment, including
rafts and canoes, at or near their houses. The months during which the
remedial construction work will take place are also the busiest months for the,
river trip businesses. An effort will be made to coordinate construction
activities with the river trip businesses. If necessary, the river trip
businesses will also be given the opportunity to temporarily relocate.
0
DRAF]
pg i n�Mv �MZ_14YP&=
Eligible business owners may elect to have a commercial mover move their
personal property. They may also elect to negotiate a moving payment, not to
exceed the cost of moving commercially, prior to actually moving, or they may
elect to have a combination self -move and commercial move. Receipts will be
required for all moving expenses. The period of disruption for remedial
activities is expected to be of a relatively short duration. Businesses
should generally be counseled to remain in place for this short period if at
all possible.
Ln
_LLieu of Moving Payment For Businesses
Eligible business owners unable to continue operating their businesses
located at the remedial site during the remedial construction work may receive
an "In Lieu of Moving Payment,,' if they elect not to temporarily relocate.
The amount of the payment will be the lesser of the following:
a, The cost to temporarily relocate the business, or
b. The net income of the business: before taxes, prorated for the
time period of remedial construction work on the business ownerssultproperty that
may have a temporary impact on business operations, possibly reing in
temporary loss of revenue.
RELOCATION NOTICES
All households will be given a minimum of 2 months notice prior to
beginning remedial construction work on the project. A second notice will be
given each household a minimum of 5 days prior to work beginning on their lot.
This notice may be given orally or in writing.
CLAIM FORMS AND PAYMENTS
Reasonable incidental expenses incurred by temporarily relocated persons
shall be submitted to the Relocation officer. Payments will not be made
without supporting invoices or receipts. If commercial receipts are
unavailable, the displaced person may prepare their own by including the date
and the service and finally by signing and dating the invoice or receipt.
There is one claim form for rental expenses, and a second claim form for
all other miscellaneous expenses. Claim forms must be submitted with the
appropriate invoices or receipts when requesting payment.
After the Relocation officer or other designated official has received a
signed claim form with the appropriate invoices or receipts, it will take
approximately 6 weeks for the claimant to receive payment.
0
In the case of hardships, upon approximately 2 weeks advance notice,
funds may be provided to eligible, potentially displaced persons.
MISCELLANEOUS EXPENDITURES
Compensation will be made for reasonable incidental expenses incurred,
with the maximum daily total expense to fall within the daily cap of $260.00,
for housing, meals and incidentals. Receipts will be required prior to making
payment.
All miscellaneous expenditures should be approved in advance, if
possible, by the Relocation Officer or designated official. Payments for
expenditures, at the request of the displaced persons, may be made directly to
the business providing,the service.
The attached release form, Exhibit A, is to be available during the
personal interview with persons or families eligible for relocation. Should
any of these eligible persons or families elect to remain in their residences
during the period of remediation, they should be requested to sign this
release form.
SITE SECURITY
The construction contractor will be responsible for providing security.
All security -related questions and problems should be directed to on-site
Reclamation personnel.
Families and individuals that plan to temporarily relocate while
construction activities are taking place, whether or not their expenses are
being paid for by the EPA, should consider giving the construction contractor
the telephone number and address of where they can be reached.
The names of any individuals who may be doing the chores: around the house
while the occupants are gone should also be given to the contractor.
RELOCATION OFFICER
A Relocation Officer will be assigned to the project at the time the
remedial 'construction program is implemented. A telephone number and mailing
address will be provided to all occupants when this information has been
established.
M
W AFT
There is a $10,,000 fine, or imprisonment for not more than 5 years, or
both, for anyone who knowingly and willfully falsifies, or makes false,
fictitious or fraudulent statements on documents submitted with, or entry on,
relocation claim forms.
APPEALS
Any aggrieved person may file a written appeal with Reclamation regarding
any case in which the person believes that Reclamation failed to properly
consider the person's application for assistance.
Appeals must be filed within 60 days after the persons receive a written
notification of the denial of their application for assistance:.
Appeals should be addressed as follows:
Regional Director
Upper Colorado Region
Bureau of Reclamation
Attention: UC -420
P.O. Box 11568
Salt Lake City, Utah 84147
11
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VIII
999 18TH STREET - SUITE 500
DENVER, COLORADO 80202-2405
RELEASE
I (we),
residing at
acknowledge that I (we), have been offered temporary relocatioW--duringLhe
period the United States Environmental Protection Agency (EPA) is conducting
remediation activities on or in proximity to our property. Notwithstanding
EPA's offer to relocate me (us), I (we) have elected to remain on the premises
during the course of EPA's remediation activities.
I (we) further acknowledge that an agent of the EPA offered relocation
assistance, including temporary replacement housing at the expense of the EPA,
and I (we) have declined to accept this offer.
I (we) hereby release and hold harmless the United States Environmental
Protection Agency, the Bureau of Reclamation, and their contractors, agents
and assigns, from any and all liability, including any sickness or disability
caused by or related to my (our) presence on my (our) property during the
remediation period. This release likewise applies to my (our) legal
dependents also residing at this address.
I realize that the remedial actions by the EPA are undertaken pursuant to
its.response and enforcement responsibilities under the Comprehensive
Environmental Response, Compensation and Liability Act (Superfund), 42 U.S.C.
Sec. 9601 et seq.
This written release is given by me (us) voluntarily with knowledge of my
(our) right to refuse and is not in response to threats or promises of any
kind.
ame
ame
12
Date
Date
REVIEW AND APPROVAL SHEET
REVIEWED BYt
Date
3291
40 ,Lan Acqu is on Bran—ch Date--
Date
_rGrand�JufnAon r ects Office
Smuggler Mountain Remedial Site
Team Leader,
Date
Chief Realty Officer
Denver, Colorado
Bureau of Reclamation
APPROVED BY:
Project Manager
Smuggler Mountain Site
Environmental Protection Agency
13
Date
i.
Ii.
ATTACHMENT A
COST ESTIMATES - PRIMARY RELOCATION PLAN
FAMILY RELOCATION (Temporary)
A. Estimated eligible families: 32
Estimated families with health exceptions: 10
Estimated total: 42
B. Basic assumptions;.
Relocation Period,- average 7 days per family.
Average family make-up - 2 adults & 2 children.
Estimated cost Per day per family - $320.00
C. Calculations:
Rental of 2 condo units - $2800.00/Month for estimated
18 months = 550,400.00. Construction season only - from
Aug 1 to Oct 31, 1991 & from May 1 to Oct 31, 1992.,
18 months x 4 weeks/mth = 72 available weeks.
Estimate 50% occupancy indicates 36 weeks Of use
will accommodate 36 relocated families ( Note - condo's
Will be utilized by BOR & EPA personnel when not in use
for relocation Purposes to maximize their use).
Estimated daily food and incidental expense for 36
relocated families living in rental condo's = $23,386.00
Estimated 6 families will wish to relocate elsewhere.
6 families x $320.00/day x 7 days = $13,440.00
D. Total estimated family relocation cost.
Rental condo's =
36 Families (food & incid expense) $50,400.00
6 Families (relocated elsewhere) = $23,386.00
$13,440.00
Total $87,226.00
PET RELOCATION
A. Dogs & cats - estimated Population = 71 pets
Estimated boarding cost per day = $10.00
Estimated cost of pet relocation = $1,000.00
III. BUSINESS RELOCATION
A. Estimated 5 businesses may need to be temporarily
relocated.
Estimated moving and incidental expense = $1,000.00
per business.
5 businesses x $1,000.00 = $5,000.00 (Note - all
business moving expense must be supported by receipts).
B. Business payments in lieu of moving.
Estimated 5 businesses for a 7 day period = $7,000-00
(Note - see primary relocation plan for appropriate
documentation).
IV. TOTAL ESTIMATED RELOCATION COSTS
Family relocation: Subtotal $87,226-00
Pet relocation: Subtotal $1,000-00
Business relocation: Subtotal $12,000-00
Grand total $100,226.00
6-15-91
P;
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VIII
999 18th STREET - SUITE 500
DENVER, COLORADO 80202-2405
Owner Name. -
Owner Address:
VOLUNTARY ACCESS
I, the owner of the property described above, or his/her
authorized representative, consent to the officers, employees,
contractors and authorized representatives of the United States
Environmental Protection Agency (EPA) and the State of Colorado,
including any person performing remedial or removal actions on
the property pursuant to an agreement with EPA, entering and
having continued access to the property described above for the
following purposes:
1.) To implement and complete the remedial action in
accordance with the Record of Decision (ROD) issued on September
26, 1986, as modified by the Explanation of Significant
Differences (ESD), issued May, 1990, and the individual plot plan
agreed upon by the undersigned and EPA on those portions of the
Smuggler Mountain Superfund Site owned or leased by the person
signing below;
2.) To inspect the remedial action; and
3.) To conduct periodic reviews of the remedial action to
ensure its effectiveness and to collect such samples as are
necessary to complete the periodic review specified under Section
121(c) of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA), 42 U.S.C. § 9621(c). -
. Generally, the remedial action will consist of excavation
and removal of 12 inches of contaminated surface soil, placement
of a geotxtile membrane, where appropriate, and replacement with
clean soil. Remediation of roads and driveways will consist of
emplacement of a concrete or asphalt cap over contaminated soils.
Restoration of the property after remediation will be as
described in the remedial design plot for this property.
I realize that these actions by EPA are undertaken pursuant
to its response and enforcement authorities'under CERCLA, 42
U.S.C. W9601, et. seg. This written permission is given by me
voluntarily with—knowledge of my right to refuse and without
threats or promises of any kind.
Date: Signature:
Title:
(Authorized —Representative)
Address:
Printed
as
2 Itacycled Paper
r
ow'j" VIII C." C-11.
M
Ak,
(signatur—1
&CA,;Nt
J2,
[capacity: owner/authorized agent]
2 -
[signature]
[capacity: owner/authorized agent]
[address]
APRIL 24, 1991
are
I [ we ---tLLLAL,
the owners of the following property, described on Attachment A
affixed hereto.
This property is situated within the boundary of the
Smuggler Mountain Superfund Site, -and I [we] have entered into a
CONSENT DECREE in an action styled UNITED'STATE�S OF AMERICA v.
a copy of which decree has been
recory the above referenced land records in Deed Book
at page _112-'t�S. conditioned upon compliance with the CONSENT
DECREE, the undersigned have been released for all present and
future 1dability for response costs incurred and to be incurred
by the United States with respect to the property de:scribed at
Attachment A. This CONSENT DECREE, which creates certain rights,
obligations and restrictions with regard to the subject land, is
incorporated herein by reference and made a part of this NOTICE.
Institutional controls applicable to this property have been
adopted by Pitkin County and the City of Aspen to ensure that
high levels of lead and other hazardous substances which may be
present in the soil at the Site do not present an endangerment to
the public health and the environment. Compliance with these
Institutional Controls is mandatory.
STATE OF CALIFORNIA
COUNTY OF ) N-0 T-) �
OFFICIAL SEAL
'MONICA PLASSE
NOTARY PUBLIC * CALIF
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Comm4ssion Ex0ires May 25, 1592
[signature(s)]
--(47� Nee \ - IL—, C�
On this . day of -, in the, year 19 k
before me, the undersigned, a Notary Public in and for said State, personally appeared
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person! whose namen
subscribed to the within instrument, and acknowledged to me that ±he
executed it. �r
WITNESS my hand and official seal.
Notary Public in and for said State.
ACKNOWLEMMENT—Gowal—WoMs Form 233CA—FWY. "2
01982 WOLCOTTS. INC. (Prcedma.21 I
The undersigned, as authorized legal representative of th
County of Pitkin, Colorado, (the "County") states that the Coun
owns, inter alia, property located on the Smuggler Mountai
Superfund Site ( the "Site") known as the Mollie Gibson Park. T
County hereby consents and agrees to provide a right of entry a�
access to the officers, employees, contractors and any othe
authorized representatives of the Environmental Protection Agenc
t
i
h
(the "EPA") and the State of Colorado to allow them to conduc,
response actions on -Site pursuant to the authority vested in EFI
under the Comprehensive Environmental Response, Compensation an*
Liability Act as amended ("Superfund"), 42 U.S.C. 9601 et seq. fc 'I
the purposes listed herein, subject to the conditions specifiev.
herein.
1 . The property identified herein as the Mollie Gibson Parku
which is contained in Operable Unit #1, is defined in EPA's Reco
N, Decision issued September 26, 1986. 1
2�. The right of entry and access granted herein by the
County shall be for the sole and exclusive purpose of allowing the
relocation of an existing irrigation pipeline, known as the
Salvation Ditch Pipe System, and shall extend to the Mollie Gibson
Park and other such County lands on -Site for which entry and access
is necessary to effectuate the purposes of this Agreement. Such
purposes, and the activities authorized by this Agreement, shall
include and be limited to:
�(a) The disconnection of the existing pipe systems and
reconnection to the newly relocated pipe in accordance
with the Bureau of Reclamation Solicitation N. 0 -SI -40-
09830, Salvation Ditch Relocation, Smuggler Mountain
Site. Access will be required from the period January
15, 1991, to July 31, 1991, inclusive.
(b) Filling the existing 48 -inch concrete pipe section,
once disconnected, for approximately 300 feet with sand,
to prevent collapsing. Access will be required from the
period January 15, 1,991, to July 31, 1991, inclusive.
(c) Maintenance Warranty access for a period of 3 years
after the pipeline commences operation or for 5 years
after acceptance of the work, whichever comes first, for
inspection and performance of routine maintenance and
repair of all defects, leaks, or structural failures
occurring in the pipeline and pipe joints.
(d) Miscellaneous testing, quality assurance testing,
and general inspection to verify acceptance and
performance of installation. Access period will run for
5 years from the date of execution of this agreement.
3. The County understands that the work described above may
involve, among other things, disturbance of vegetation and soil on
the County's property. The County also underdstands that, to the
extent practicable, any disturbed land will be restored by EPA to
substantially the same condition as existed prior to the pipeline
relocation within a reasonable time after relocation of the
pipeline.
4. This consent shall not be construed as an admission by
the County of liability under CERCLA or otherwise, and shall not be
construed to obligated or bind the County in any other way
whatsoever.
5. This consent shall terminate according to its terms, or
upon noncompliance by EPA, its officers, employees, contractors, or
authorized agents or representatives, with the terms and conditions
of this voluntary consent.
6. This written permission is given by the undersigned
authorized representatives of the County voluntarily with knowledge
that the County has the right to refuse to grant such entry and
access and without threats or promises of any kind, subject to the
limitations expressed herein.
Signature)
CC,
Suprfnd.con
%F P- I
Title]— P i( ate)
'JYL4bA9S2 AT 12V UPERFUND REMEDIAL FAX NO, 303293!1238 R. 02
C
To, take not more than six (6) soil samples from my property.
Samples will be taken during regular working hour@
(approximately 8100 am - Stoo pm), starLing on Mondiay, auly
20, 1992, and ending on Friday, auly 240 19:92..
T Und0rutand that I may raqueet split samples of any sample
taken on my property during this gampling event, purguant to
CERCLA Section 104(e)(4)(B). I understand that I must request
such split samples at the time that the sample is taken on gly
property.
x realize that those actions by EPA are undertaken pursuant
to its response and enforcement authorities under CERCLA, 42
U -S -C- 16 9601, BULL,. ALM, This writtL-,n Ps=issiOn is given by me
voluntarily with knowledge Of my right to refuse and without
threats, Or Promise$ Of any kind.
Date w
. . ... . .. .........
P0614 °" �brand f tra
n8mittal rn
n,7 8 A r1"f 9 eg � A 0
UNITED s,rATES ENVIRONMENTAL PRO"'FECTION AGENCY
Tom Dunlop, Director
Aspen/Pitkin Environmental Health Department
3rd Floor, City Hall
129 South Galena
Aspen, Colorado 81611
RE: Request for Access
Background Soil Sample
Dear Mr, Dunlop:
NOV 7 - 19:91
ENVIRONMENTAL HEALTH
ASPEN/pITKIN
The United States Environmental Protection Agency (EPA), is
commencing a lead bioavailability study at the Smuggler Mountain
Superfund Site. This study will require the taking of a
background soil sample containing a lead concentration in the
range of 150 ppm or less. This background soil sample should
represent typical native soil found in the Roaring Fork Valley in
proximity to the Aspen townsite. Ideally, EPA would like to
obtain this native soil sample from a sampling point on-site or
an adjacent area, but we have been unable to obtain access to
these areas from either the County or other Site residents.
Pursuant to our phone conversation of Tuesday, October 29,
1991, EPA requests access to the soil stockpile on the Aspen
Airport grounds for the purpose of taking such a soil sample.
Access is requested for the month of November, 1991.
Sinc
y
t P
oberB. 1king. n '
/Superfund Progra" Ass' b6tant
cc: Marc Alston, 8HWM-SR
Brian Pinkowski, 8HWM-SR Approved:
Nancy Mangone, 8ORC
Chris Weis, 8HWM-SM Date.
John Moscato, DOJ
,John Dwyer, CDM
ENTAL
An UNITED 'T"°�°"E��IVNRR� �� VIII
��R'i'E�f'IAGENCY
999 18th STREET - SUITE 500
DENVER, COLORADO 80202-2405 JUN 1991
ENVIRONMENTAL HEALTH
ASPEN/Pi'MIN
Re: Flower Bed Soil Sampling
Smuggler Mountain Superfun,d Site
The United States Environmental Protection Agency (EPA),
plans to commence remediation of certain properties within the
Smuggler Mountain Superfund Site (Site) this summer. The remedy
for flower .and vegetable gardens as -listed --on page 11_ -of the ----
Explanation of Significant Differences (ESD), issued May 16,
1990, states that flowers and vegetables will be planted only in
raised bed gardens at least 6 inches above the soil cover for a
total of 18 inches of clean sail above contaminated soils.
We understand that you have expressed a preference to retain
your garden areas flush with the surface. To accommodate your
wishes in this matter and to ensure compliance with the required
remedy, EPA needs to sample your garden area in the 12 to 18 inch
interval to determine lead and cadmium concentrations. Such soil.
sampling should only result in minimal disturbance to your
current garden and will be done carefully. Attached for your
signature is an access agreement which grants access to your
property for this soil sampling purpose.
Should you prefer raised 6 inch garden areas as specified by
the ESD, additional soil sampling and a signed access agreement
will not be required.
Representatives of CDM Corporation will contact you during
the week of ,June 24 to 28, to arrange a convenient time to take
the soil sample. Signed access agreements will be picked up at
the time the sampling is donee Should you have any questions
regarding this project, please call ter. Al Wilcox with the Bureau
of Reclamation at (303) 248-0679.
Paula M. Schmittdiel
Remedial Project Manager
cc:,'/Tom Dunlop, Director
Aspen/Pitkin Environmental Health Department
PA
Rogers L* and Sally It- O'NOL11
o/* Aome Wiley Cary.
24RO GreaftLeaf Avenue
Elk Grove Village IL 60007
?0
May Reforanoo No. FA -8
J&Meo L. "d Jef fery WinAgIG
Dorothy V. winagle
P.O. Do# 4744
q
Afopon Ca 81612
Hop Reforanee No. SH -58
Beverly hnne Campbell
207 Cottonwood Lane
hapen Ca $1611
1,4ap Rafavance no. 914-92
DorOthy Ninq@V
vicht 911on prooks
P.O, non 1020&
Aspen CO 81612
Mftp Refe5
Timothy J. Andotmon
316 OaR Lane
heyon CO 0611
Hay Refereftoo No -i am -10
Davidas! tion
1912
411pen Co011612
John*d6d LyM D- Phillk9d
305 Oak L.ana
Asrwp CO81611 '
H&V Reference No. SH -79
jenge�b. &nd ;4atta a. Hoath
606 N. "Apring St
Aspen,00,61611
map RaiGionce No. FA -8
2 nBartling
2418 j�e rorwat Pgivc / Humble TX 77339
Hay Rqpeiftoa No. SN -80
223 Colttonw&od Lane
Pbpan Co 81612 -60
.�H*10 Ref.evence NOV SH
ConstaAce Ann Rapp
sox: 2X70
Ampen Co 81612
Hap RofeFence Vo- SH -08
jetf nrOollver
go
Co '1612
SH -27
12.'5 - 096
el Zcj —
C -7v 2-
9-_7�
2-771?
C1 7,, 5 -51-1-30
11
Stanley m and X1400 H. TAu ki m
P.O. Box,8
-� tyl
Aimpan 0 03.612
May 'fora Not -1
agg 1in riff th 1.1r'
'334 WAknut street
'Nopan Go 0611
Hap Reference Va. -0
Mary Powell
300 Oak Lane
Appan CO 81611
Hap Reforance No. -66
J
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t ( ^"
6 0 .,K
t qQ
y ,;
te
LA
CONCURRENCE COPY
nn��Z
VOLUNTARY CONSENT FOR ACCESS TO PROPERTY
lgsum
WNSWUM
I (we), hereby consent and agree to the officers, employees,
and authorized representatives of the UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY (EPA) entering and having continued access to
my property at the address named above, for the following
purpose:
1) To take soil samples in my flower and/or vegetable
garden areas at the depth interval from 12 to 1'8 inches below the
surface. All sample locations are to be restored to the pre
sampling condition.
These actions by the EPA are undertaken pursuant to its
response and enforcement responsibilities under the Comprehensive
Environmental Response, Compensation and Liability Act
(Superfund), 42 U.S.C. 9601 et seq.
This written permission for access is' given by me (us),
voluntarily with knowledge of my (our) right to refuse and is not
in response to threats or promises of any kind.
Name
Name
FCD:June 14, 11991:
Date
Date
PITKIN COUNTY EARTHMOVING PERMill-
Em
PERA�IT- �-2
LOCATION'—
W0RK TO B E R E RF 0 R ME D
STARTING DATEFINISH DATE
SIZE F AREA TO T FILLED
LENGTH C)0_
DE PT H
TOTAL
TYPE aOFa_ , TERIAL� To11 \11
K1 .7
cubic yards
E EXCAVATED OR FILLED-
LOCATION
ILLED
LOCATION THE MATERIAL IS TO BE WITHDRAWN FROM
OR DEPOSITIED T0:
ON—SITE 0
OFF—SITE( ) LOCATION
STEEPNESS OF EXISTING SLOPE � 0�
ACCESS ROAD TO BE -CONSTRUCTED YE5(� NO( )
(over),-'�
APPLICANT `-
ADDRESS
PHONE_ 7 �
(TO BE ILL T BY THECOUNTY)
PLANSN SPECIFICATIONS UI
LOCATION MAP YES( )
YES( )
NO(
PROPERTY LINES
YES( )
NO(
LEGAL DESCRIPTION
( )
NO(
IMPROVEMENTS SURVEY
Y
N
CONTOUR MAPPING (5))
) N
EARTHMOVING, L N-
EXCAVATION/FILL CALCULATIONS YES(
) N
PLANSO(
,ANI A,L SUPPORT Y
) NO(
N O(
DRAINAGE PLAN Y
)
N
REVEGETATION PLAN
DATE COMPLETEAPPLICATION N IVU ��
RECEIVED BY 1z e
I declare under pen ad In the second degree,
�f perjury �� th,� statements
d ral or county, lawso
and other
and
applIcab`e state,
sub issions made herein are true to the best of my knowledge
APPLICANTIGNAT'URE
DAFT ��
ZONINGr
1
UA It
l
MUM
DATE, APPROVED
REASON(S)-J, O� D E N I A L
ENGINEERING
DATE RECEIVED q I
0� Z
APPROVED
-
APPROVED BY
TITLE
DATE ,APPROVED
DATE ISSUED A -1 -7 -cu -
LENGTH OF PERMIT —0163
I cee,E'l TO 1\�
CONDITIONS AND COMMENTS
TO: Building Departmell
FROM'. Tom Newland
RE: Smuggler superfund Site Earthmoving Permit
DATE: April 12, 1991
I have reviewed the information submitted and would like to
recommend the following conditions for approval of this permit:
1) As per Francis Krizmanich's comments, This permDiit shtorould be
reviewed and approved by Tom Dunlop, recO
Environmental Health;
2) The applicant shall comply with all permit requirements, in
particular Section 1.04,01 and sections 1.04.02 when
conducting the work;
is for only the work described within the
3) Permit consists of
application. This con the relocation of the
Salvation Ditch pipeline through Molly Gibson Park;
4) No revegetation work is proposed for the project.
1 be completed during the next phase of work
Revegetation will ill be left in a condition
on the project. The property w
similar to that existing prior to the project,
All 6-
,04
V
PMOUNmmmmm
I.Ji'voled States Departirlent of t1v I'llertor
'CLAMATION ffwmm M
BUREALJ OFRE 'GION
UPPER COLORADO RE
A
-A GRAND .1 UNCTION PROJECI'S OFFICE
RO, BOX 60340
2764, COMPASS DRIVE
C,RAND J [INc,nJN, COLORA DO 81506
GJ -205
MAR (3 19,91 �:� �1 a �� f "rel � , � � ���e��',.�� "'J
MAP 091
J
Mr. Tom Dunlop 1`NVVWrND\jj�\1., HEALT14
Director, Pitkin County Environmental ASPEN/1"ITKIN
Health Department
3rd Floor, City Hall
130 South Galena
Aspen Co 81611
Subject: Bureau of Reclamation Trailer (Hazardous Waste)
Dear Mr. Dunlop:
As discussed between you and Ray Plie!ness of this office on February 27, 1991,
we plan to locate our trailer on county property on or about March 15, 1991.
The trailer will be located in the same location as it was last fall during
the soil sampling program. The trailer will be utilized for Bureau of
Reclamation personnel administering the Salvation Ditch relocation contract.
Based on this use, access has been granted as of January 22, 1991, under the
Salvation Ditch consent for access.
If you have any concerns, please call Ray Plieness at (303) 248-0688 on or
before March 8, 1991. Thank you for your assistance on this issue.
Sincerely,
Gordon Wind
Chief, Construction Division
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VIII
9991 18th,STREET - SUITE 5OiO
DENVER, C OLORADO 80202-24Oi5
RIENNOXMIMM
Owner Name:
Owner Address:
Property Name and Location: U
1, the owner of the property described above or his
authorized representative, consent to officers, employees, and
authorized representatives -of the United States Environmental
Protection Agency (EPA) entering and having continued access to
the property described above for the following purposes:
To conduct the remedial action in accordance with the Record
Of Decision (ROD), of September 26, 1986, as amended by the
Explanation of Significant Differences (ESD), of May 1990, of
those portions of the Smuggler Mountain Site owned or !eased by
the peri5on signing below. Generally the remedial action will
consist of excavation and removal of 12 inches of contaminated
soil and replacement with clean soil. Remediation of roads and
driveways will consist of emplacement of a concrete or asphalt
cap over contaminated soils. Lawns will be resodded and trees
and similar features will be replaced where removed. All
remediation activities will be done in accordance with -the
Individual Plot Plans developed by U.S. Bureau of Reclamation
.
personnel after extensive discussions with and approval by
individual property owners.
I I realize that these actions by EPA are undertaken pursuant
to its response and enforcement responsibilities under the
Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA, Superfund), 42 U.S.C. s. 9601, et seq.
This written permission is given by me voluntarily with
knowledge of my right to refuse and without threats or promises
of any kind.
Date Signature
Title 0 w I-- $_-�
Ralph Braden
Braden, McCormick Real Estate
400 East Hyman Avenue
Aspen, Colorado 81611
Re: Property at 1500 Vine Street, Williams Addition Lot 26,
Southeast 1/4 of Section 7, Township 10 South, Range 84
West of the 6th P.M., Pitkin County, Colorado
Dear Mr. Braden:
The United States Environmental Protection Agency (EPA) has
determined that the property located at the address specified
above has been remediated in accordance with the Record of
Decision (R(OD) of September 26, 1986, and the Explanation of
Significant Differences (ESD) May 1990 for the Smuggler Mountain
Superfund Site. The remedy implemented on your property should
assure protection of public health and the environment as long as
the all institutional controls implemented by the City of Aspen
are followed by you, by any individual using your property, and
by any subsequent owner of the property.
The remedy is designed to prevent direct contact with the
contaminated soils and tailings by placing a geo-textile liner,
one foot of clean soil cover and sod over such materials.
Pavement and permanent structures are also incorporated into the
remedy, where appropriate, to provide a protective barrier
against any contaminated material. EPA believes that an adequate
soil and vegetative cover or pavement on the property, if
properly maintained, will prevent inhalation of dust or
accidental ingestion of contaminated soils and tailings, thus
ensuring protectiveness.
When the remedy for the Site is complete, EPA believes that
the risk to public health wi.11 be significantly reduced to an
acceptable level. We hope that the condition of the property as
remediated will be useful in considering real estate transactions
for this property.
Again, thank you for your cooperation in the performance and
maintenance of the Smuggler Mountain remedy.
Sincerely,
Robert L. Dupe, �7�re.tor
Hazardous Wa's.t,6� Management Division
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VIII
999 18th STREET - SUITE 500
DENVER, COLORADO 80202-2405
CONSENT FOR ACCESS TO PROPERTY
Owner Name: A)pq zto'p�"'Z
Owner Address: rf
Property Name and Location:lC
Azgel7, fzbll
I, the owner of the, property described above or his
authorized representative, consent to officers, employees, and
authorized representatives -of the United States Environmental
Protection Agency (EPA) entering and having continued access to
the property described above for the following purposes:
To conduct the remedial action in accordance with the Record
Of Decision (ROD), of September 26, 1986, as amended by the
Explanation of Significant Differences (ESD), of May 1990,,1Of
those portions of the Smuggler Mountain Site owned or !eased by
the person signing below. Generally the remedial action will
consist of excavation and removal of 12 inches of contaminated
soil and replacement with clean soil. Remediation of roads and
driveways will consist of emplacement of a concrete or asphalt
cap over contaminated soils. Lawns will be resodded and trees
and similar features will be replaced where removed. All
remediation activities will be done in accordance with the
Individual Plot Plans developed by U.S. Bureau of Reclamation
personnel after extensive discussions with and approval by
individual property owners.
I realize that these actions by EPA are undertaken pursuant
to its response and enforcement responsibilities under the
Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA, Superfund), 42 U.S.C. s. 9601, et seq.
This written permission is given by me voluntarily with
knowledge of my right to refuse and without threats or promises
of any kind.
DateLSign ature llox— 'ZW
Title 1),Wiorl
James T. and Mary Moran
688 Spruce Street
Aspen, Colorado 8161,11
Re: Property at 688 Spruce Street, Williams Addition Lot 25,
Northwest 1/4 of the Southeast 1/4 of Section 7, Township 10
South, Range 84 West of the 6th P.M., Pitkin County, Colorado
Dear Mr. and Mrs. Moran:
The United States Environmental Protection Agency (EPA) has
determined that the property located at the address specified
above has been remediated in accordance with the Record of
Decision (ROD) of September 26, 1986, and the Explanation of
Significant Differences (ESD) May 1990 for the Smuggler Mountain
Superfund Site. The remedy implemented on your property should
assure protection of public health and the environment as long as
the all institutional controls implemented by the City of Aspen
are followed by you, by any individual using your property, and
by any subsequent owner of the property.
The remedy is, designed to prevent direct contact with the
contaminated soils and tailings by placing a geo-textile liner,
one foot of clean soil cover and sod over such materials.
Pavement and permanent structures are also incorporated into the
remedy, where appropriate, to provide a protective barrier
against any contaminated material. EPA believes that an adequate
soil and vegetative cover or pavement on the property, if
properly maintained, will prevent inhalation of dust or
accidental ingestion of contaminated soils and tailings, thus
ensuring protectiveness.
When the remedy for the Site is complete, EPA believes that
the risk to public health will be significantly reduced to an
acceptable level. We hope that the condition of the property as
remediated will be useful in considering real estate transactions
for this property.
Again, thank you for your cooperation in the performance and
maintenance of the Smuggler Mountain remedy.
Hazardous Siti rely,
I
Robert L. Dupr y, D" ector
Wast agement Division
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VIII
999 18th STREET - SUITE 500
DENVER, COLORADO 80202-2405
CONSENT FOR ACCESS TO PROPERTY
Owner Name:
Owner Address:
Property Name and Location:
I the owner of the property described above, or his
authorized representative, consent to officers, employees, and
authorized representatives and contractors of the United States
Environmental Protection Agency (EPA) and the State of Colorado,
including any person performing remedial or removal actions on
the property pursuant to an agreement with EPA, entering and
having continued access to the property described above for the
following purposes:
1) To implement until complete the remedial action in
accordance with the Record of Decision (ROD) of September 26,
1986, as modified by the Explanation of Significant Differences
(ESD), dated May, 1990, on those portions of the Smuggler
Mountain Superfund Site owned or leased by the person signing
below; 2) To inspect and maintain the remedial action; 3) To
conduct periodic reviews of the remedial action and to collect
such samples as are necessary to complete the periodic review
specified under Section 121(c) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.
9621(c); and 4) To perform any additional remedial or removal
actions that EPA may determine to be necessary to implement the
ROD and the ESD.
Generally, the remedial action will consist of excavation
and removal of 12 inches of surface contaminated soil and
replacement with clean soil. Remediation of roads and drive -ways
will consist of emplacement of a concrete or asphalt cap over
contaminated soils. Restoration of the property after
remediation will be as described in the remedial design platt for
this property.
I realize that these actions by EPA are undertaken pursuant
to its response and enforcement authorities under CERCLA, 42
U.S.C. §§ 9601, et seq. This written permission is given by me
voluntarily with knowledge of my right to refuse and without
threats or promises of any kind.
Date: Signature
Title
Mr. Gordon Wind
Bureau of Reclamation
PO Box 60340
Grand Junction CO 81506
RE: Request for Access
Dear Mr. Wind:
This letter is in response to your request for access, dated
October 2, 1990.
on behalf of Pitkin County, this letter shall constitute
authorization for access to county - owned property for the
limited purposes identified in your request. Pitkin County does
not hereby grant access to the Bureau of Reclamation or EPA for
the purpose of using County -owned property as a repository site,
for the performance of remediation, or for any other purpose not
stated in your request.
S"e Y,
Reid Haughey
County Manager
xc: Paula Schmittdiel
Tom Fenton Smith
�,,,,Tom Dunlop
Jed Caswell
tlg:RH:rhlO.14
Administration
530 E. Main, 3rd! Floor
Aspen, CO 81611
(303) 920-5200
FAX 920-5198
r9��n n,;n rpel nn rprvrlpd naner
County Commissioners
Suite B
506 E. Main Street
Aspen, CO 81611
(303) 920-5150
County Attorney
Suite 1
530 E, Main Street
Aspen, CO 81611
(303) 920-5190
Personnel and Finance
Suite F
530 E. Main Street
Aspen, CO 81611
(303) 920-5220
Road and Bridge
Fleet Management
20210 W. Highway 82
Aspen, CO 81611
(303) 920-5390
UNITED STATcS ENVIRONMENTAL PROTECT,'ON A
4GENCY
REGION V111
999 1 Ath STR�ET - SUITE 600
40�0
DENVER, COLORADO 80202-2405
NAM E;
VOLUNTARY OONSENT FOR r ACCESS TOPR'("""PERTY
A
M
T hereby consent and agree, to the officers, employees and
authorized relpre,:;ent�tives of the Ut4ITED STATES ENVUOKMENTAL
PPOTECTION AGENCY (EPA), enterinq and having c-oritint!ed access tr�
the properties which I Adlrinis'ter, �t the address stated aboyp,,
fr)r the following purposes:
1. The taking of air samples as may be determined to be,
nocessary.
in addition, any other ActionB related to th,s taking.of
these. air samples, ac-, rnay be necessary.
I realize that these ar�tions by the EPA are undertaken ,
pu)•suant to its response and enforcement responsibilities under
the Comprehensive Environmental Response, Compensation and
Liability Act (Superfund, 42 U -SX. 9601 et seq.
r.
This written permission, for acceses is qiv��n by me
voluntarily vith knowledge of my rjq)jt to XLeftjee, and is not in
r4spon8e to threats or promises of any kind.
r9i - 0
N I
NAME DATE
17JG
j
130 h" "'I �hl�Jreet
F 0-8'1 6 11
303.'92`52020
MEMORANDUM
DATE: September 21, 1988
TO: Tom Dunlop, Environmental Health
FROM: Fred Gannett, Staff Attorney
RE: EPA Soil Sampling
Attached please find the soil sampling access agreement executed
by Bob Anderson and requesting a split.
FWG/mc
Attachment
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VIII
999 18th STREET - SUITE 500
Q
DENVER, COLORADO 80202-2405
Ref: 8HWM-SR
Mr. Robert Anderson
City Manager's Office
130 South Galena
Aspen, Colorado 81611
Dear Mr. Anderson:
JUL 2 1 i988
J U L 2 8
The U.S. Environmental Protection Agency (EPA) is currently
performing additional soil sampling at the Smuggler Mountain
Superfund site to help us define the exact extent of
contamination. We have discovered that a property owned by the
City of Aspen is in the area where sampling needs to be conducted
and need your permission to sample it. The map and legal
description of this property, obtained from the Pitkin County
Assessor's office, is enclosed. The specific area that needs to
be sampled is a berm that lies south of the Smuggler Racquet
Club, and south of the Alpine Acres Subdivision. This berm is
indicated in the attached map as Silver King Drive.
The sampling to be done on this property would include
1. surface soil sampling; and
2. subsurface soil sampling, to be done by drilling a hole
approximately 4 in. in diameter to a depth of up to 5 ft.
The hole will be refilled as soon as the sampling is
completed.
We would appreciate it if you would sign the enclosed access
agreement allowing EPA and its contractors onto the property for
the purpose of conducting this sampling. As the access agreement
states, you may split samples taken from the property at the time
of sampling if you indicate that you want split samples. In
addition, the results of data collected from the property will be
mailed to you when they become available.
Please return the signed access agreement to us at your
earliest possible convenience in the enclosed self-addressed
envelope. If you have any questions about this access agreement,
please call me at (303)293-1526 or Matt Cohn, Assistant Regional
Counsel, at (303) 293-1458.
Sincerely,
P (a I
�a
yl�
Paula M. Schmittdiel
Remedial Project Manager
Enclosures
N
ACCESS FORM
(name), the
owner or authorized representailve of the
owner) of the property at
(property description) agree: to allow Environmental Protection
Agency (EPA) employees, representatives and contractors to enter
upon the above described property and to perform investigations
of: 1) the nature and extent of contamination by hazardous
substances as defined by Section ioi(14) of the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA),
9601(14); and 2) of subsurface features necessary to
determine the appropriate location of a repository for the
hazardous substances now located at the Smuggler Mountain
National Priorities List (NPL) site.
I understand that EPA has authority to enter upon my
property for such purposes under Section 104(e) of CERCLA, 42
U.S.C. 9 9604(e), and pursuant to Section 104(b) of CERCLA, 42
U.S.C. 99604(b), to conduct any investigations, monitoring,
surveys, testing and other information gathering as EPA, its
representatives or contractors may deem necessary or appropriate
to identify the existence and extent of contamination on the site
or to plan and direct response actions.
I also understand
any sample taken on my
of CERCLA, 42-U.S.C.
making the request at
- ?/7 -,
(date)
that I have the right to claim a split of
property pursuant to Section 104(e)(4)(B)
96,04(e)(4)(B). I waive this right by nod:
the time that I sign this access Aorm. //
X I do request a split.
I do not request a split.
signature
7
(title)
Aft UNITED STATES ENVIRONMENTAL PROTEc'rm AGENCY
REGION VIII
%figmambd
999 1 8th STREET -SUITE 500
VY DENiVER, COLORADO 80202-2405
As you know, EPA is continuing data collection for designing
a remedy to reduce lead exposure at the Smuggler Mountain
Superfund site. We have been doing extensive work recently,
particularly in the Smuggler.,Mobile Home Park, Smuggler Run and
adjacent areas.
During the week of September 19, a contractor for EPA will
be in the area to take photographs of properties. These photos
will be used for planning purposes as we aevelop a remedy design.
The photographer will be asking for permission from residents
before entering any private property.
If you have any questions as this activity, please call
Marilyn Null or me at toll-free 1-800-332-332,1. Thank you in
advance f'or your continued cooperation.
Sincerely,
Paula Schmittdiel,
Remedial Project Manager
cc, Smuggler Mountain Site Mailing List
Z UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
uA
REGION Vill
k
I
C PR01'e 9'99 18th STREET—SUITE 500
DENVER, COLORADO 80202-2405
ACCESS FORM
Colette Penne (name), the authorized reDres-1--tive
(owner or authorized representative of the
a* known as Molly Gibson Z�.
wner of the property
(property description) agree to allow Environmental Protection
Agency (EPA) employees, representatives and contractors to enter
upon the above described property and to perform investigations
of: 1) the nature and extent of contamination by hazardous
substances as defined by Section 101(14) of the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA),
42 U.S.C. 9 9601(14); and 2) of subsurface features necessary to
determine the appropriate location of a repository for the
hazardous substances now located at the Smuggler Mountain
National Priorities List (NPL) site.
I understand that EPA has authority to enter upon my
property for such purposes under Section 104(e) of CERCLA, 422
U.S.C. § 9604(e), and pursuant to Section 104(b) of CERCLA, 4
U.S.C. 99604(b), to conduct any investigations, monitoring,
surveys, testing and other information gathering as EPA, its
representatives or contractors may deem necessary or appropriate
to identify the existence and extent of contamination on the site
or to plan and direct response actions.
I also understand that I have the right to claim a split of
any sample taken on my property pursuant to section 104(e)(4)(B)
of CERCLA, 42 U.S.C. 9.604(e.)(4)(B). I waive this right by not
making t ':;equest at the time that I sign, this access '�_CTM.
A( sig 4agaZt �ur: e
(datej
(titl
XX I do request a Split.
I do not request a Split.
CABLE: "ARFCPO"
TELECOPIER; (30.3) 832-0428
TELEX: 89-2733
HARRIS D. SHERMAN
DfRECT UNE: (303) 863-2347
ONE UNITED BANK CENTER
1700 UNCOIN STREET
DENVER,COLORAIDO 80203
(Hand Delivery)
Paul Phillips, Esquire
Holland & Hart
Suite 2900
555 Seventeenth Street
Denver, Colorado 80202
(Federal Express)
�aul Johnson, Esquire
Palmer & Dodge
one Beacon Street'
Boston, Massachusetts
(303) 863-1000
T200 NEW HAMPSHIRE AVENUE, N,W,
WASHINGTON, o. C. 20036
(202) 872-6700
D'P
`31 911i
14ay 2, 1986
N1 AY 5 1986
ENVIRON'M[ N]"" d.. I 1EA1_TH
ASPEN/PITION
Thomas F. Smith, Esquire
Pitkin County Attorney
Pitkin County Courthouse
506 East Main Street
Aspen, Colorado 81611
(Hand Delivery)
Mr. Sam Brown, Jr.
President
World Class Housing, Inc.
02108 suite 4010
1700 Lincoln Street
(Federal Express) Denver, Colorado 8020J
Steven Smathers, Esquire
Johnson & Swanson
4700 Interfirst Two
Dallas, Texas 75270
Re: Smuggler Mountain Site -- EPA Notice Letter
Gentlemen:
In the event some of you may not have received
EPA's notice letter inviting potentially responsible par-
ties ("PRPs") associated with Smuggler Site to partici-
pate in a clean-up, I enclose a copy for your review.
(The enclosed copy, directed to Sam Brown, was the only
letter sent to our office. I assume all the notice let-
ters were identical.)
EPA's letter requests written notification, within
seven days, of the PRPs' willingness to cooperate in a
clean-up of the Site, which puts the deadline at approxi-
mately Friday, May 9, 1986.
Messrs. Phillips, Smith,
Johnson, Brown and Smathers,
May 2, 1986
Page 2
NNgffg-=1
Tom Staible has informed me that EPA will probably
adopt the recommendation contained in our remedial inves-
tigation/feasibility study ("RI/FS"), with the following
additions:
1. EPA will likely recommend groundwater monitor-
ing for an as yet undetermined number of years;
2. EPA will likely recommend that well -water
users in the Smuggler area be put on the city water sup-
ply;
3. EPA has decided to include the mine site man-
aged by Stefan Albouy in the clean-up process.
Future ire q tiations
Matt Cohn has informed me that he is willing to
continue discussions with Arnold & Porter as a represen-
tative of the five original PRPs or to negotiate on an
individual basis depending on the desires of the various
parties. We would be happy to respond to the EPA notice
letter on your behalf and initiate negotiations with the
EPA if' common ground can be found. We suggest that a re�
sponse be made expressing a willingness to continue our
good -faith efforts at the Site, and expressing a willing-
ness to begin discussions concerning possible cooperative
action at the Site, with the understanding that no firm
commitments can be made until EPA has disclosed its spe-
cific proposal for clean-up and each party understands
its particular situation.
Having made a response, Arnold & Porter could then
monitor the upcomming public hearing and Record of Deci-
sion processes, providing input where necessary. Later,
if a cooperative clean-up is undertaken, Arnold & Porter
could negotiate the terms of a second consent order, and
monitor its implementation.
We look forward to hearing from each of you re-
garding your preference for future action. If we are not
Messrs. Phillips, Smith,
Johnson, Brown and Smathers,
May 2, 1986
Page 3
instructed to the contrary, we will send a response to
P.along the lines described above, on May 9,.
Sincerely,
Enclosure
cc w/enclosure:
Mr. Thomas Dunlop"
Mr. James Curtis
CA13LE: "ARPOPO"
TELECOP$ER:(303) 832-0428
TELEX: 89-2733
IAN K, WHITLOCK
DIRECT UNC(303) 863-2306
ARNOLD & PORTER
ONE UNITED BANK CENTER
1700 LINCOLN STREET
DENVER,COLORADO 80203
(30:3) 863-tOOO
May 2, 1986
Matthew D. Cohn, Esquire
Assistant Regional Counsel
United States Environment
Protection Agency
Region VIII
one Denver Place
999 Eighteenth Street
Denver, Colorado 80202
Re: Smuggler Mountain Site --
Notice Letter
FJTWNI��
1200 NEW HAMPSHIRE AVENUE, N. N.
WASHINGTON, D. C. 20036
(202) 872.6'700
I received your notice letter (directed to Sam
Brown) this morning. We intend to contact you next.week
regarding the inte,ntions of the potentially responsible
parties we have been representing to date. In the mean-
while, we would appreciate receiving a copy of the map of
the site, referred to in the first full paragraph on pagt
2 of your letter. (The map was not enclosed with the
lettWr we received.)
Sincerely,
Ian K. Whitlock
bcc: Sam W. Brown, Jr.
Paul Johnson, Esquire
Paul Phillips, Esquire
Steven Smathersr Esquire
Thomas F. Smith, Esquire
sr4, I'd,
,0 UNITED STATES, ENVIRONMENTAL PR01'ECTION AGENCY
REGION Vill
MAY 0 ONE DENVER PLACE — 999 18TH' STREET — SUITE 1300
DENVER, COLORADO, 80202-2413
Ref: SRC
CERTIFIED MAIL
REPM RECEIPT REQUESTED
__.] ( , "I I V,
Mr. Sam Brown MAY 5) 1986
Centennial -Aspen, A Limited Partnership F�j
Centennial Aspen II Limited Partnership E'NVIRONMENIAL HEALTH
World Class Housing, Inc.
1700 Lincoln Street, Suite 4.010
Denver, Colorado 80202
Re: Smuggler, Mountain Sit;a
Aspen, Colorado
The United States Environmental Protection Agency (EPA) and several
private parties have been working together to investigate releases and
threatened releases of hazardous substances at the above -referenced facility.
That investigation, which is called a Remedial Investigation/Feasibility Study
(RI/FS), was started in July 1985 and is 'now drawing to a close, Once the
RI/FS is finalized and public comment received, EPA will prepare a Record of
Decision (ROD) describing the appropriate remedy for problem at, the site.
EPA is considering spending public funds to take the remedial action
("described in the ROD) which will control releases and threatened releases Of
hazardous substances at the Smuggler Mountain site. Unless EPA determines
that a responsible party will properly perform such actions, EPA intends to
carry them out pursuant to Section 104 of the Comprehensive Environmental
Responsej Compensation, and Liability Act of 1980, 42 U.S.C. 9,501 et seq.,
(CERCLA).
Under Sections 106(a) and 107(a) of CERCLA and other laws, responsible
parties may be obligated to irrplement any needed relief actions as determined
by EPA and may also be liable for all costs incurred by the government in
responding to any release or threatened release at the site. such costs can
include, but are not limited to, expenditures for investigation, planning,
cleanup of the site, and enforcement. By this letter EPA notifies you of your
potential liability with regard to this matter and encourages you to
voluntarily undertake remedial activities which will be overseen by EPA.
Responsible parties under CERCLA include those who are current owners and
operators of a facility as defined in Section 101(9) of CERCLA, 42 U.S.C.
S 9601(9), those who in the past owned or operated a facility at the time of
disposal of hazardous substances or were (by contract or otherwise) involved
in the transport, treatment or disposal of those hazardous substances.
Section 107 of CERCLA, 42 U.S.C. Section 9607.' Based on information in EPA's
possession, EPA believes that the above -referenced entities may be responsible
parties.
EPA has deteriftined that:
1. there has been a release of hazardous substances (as defined ar
Section 101(14) of CER,CLA);
20- there is azignificant threyt. of release of hazardous substances; and
k. there is a significant threat of direct contact of humans to
hazardous substances
from or at the referenced site. At the present time, lead, cadmium, and zinc
are contaminating or threatening to contaminate the groundwater, surface
water, and air surrounding the site. As a resalt of these releases, humans
living in the vicinity of the inine wastes and the habitat of the Roaring Fork
River could be. harmed. A map of the site boundaries is enclosed.
By this letter you are being asked to undertake,, and may be liable fol
any corrective measures necessary to protect public health.. welfare, or th
environment. Such measures may includebut are not limited to.-,
1. 'Designing and implementing the EPA -approved remedial. option;
2. Providingany monitoring and maintenance necessary after remedial
measures are Completed; and
3. Taking any other future corrective actions necessary to remedy
releases or threatened releases not yet discovered but res . ultinti
from the same hazardous substances.
You should notify EPA, in writing, within seven (7) calendar days from
the, receipt of this letter, of your willingness to conduct or participate in
the remedial action. Otherwise, EPA will assume that you decline any
involvement and will likely proceed with the appropriate measures.,
Your letter should indicate the appropriate name, address, and telephone
number for further contact with you. If you are already involved in
discussions with state or local authorities, engaged in voluntary action, or
involved in a lawsuit regarding this site, you should continue such activities
as you see fits you should not interpret this letter to advise or direct you
to restrict or discontinue any such activities. You should report, however,
the status of those discussions or that action in your letter. Please provide
a copy of your letter to any other parties involved in those discussions®
Your let -ter should be sent to matt Cohn, office of Regional Counsel, U.S.
O -A Region Vtil, One Denver Place, 999 18th Street, suite'1300, Denver,.
Colorado 80'202.2413. If you need further informati-on,. Mr. Cohn can also be
reached by telephone at (303) 293-1468.
EPA would like to encourage good faith negotiations between you and the
Agency and among you and other parties potentially responsible for the
Smuggler mountain site. The nataes of other potentially responsible parties
are revealed to you an the enclosed list so that you may schedule meaningful
discussions with other potentially responsible parties regarding -cleanup
efforts and quickly organize yourselves into a representative body to
facilitate negotiations with the Agency. Negotiations arescheduled to begin
by May 5, 1986, and must end by June 16, 1986. EPA's negotiating team will be
comprised of ram Sta=e,, Regional Project Manager at Smuggler Mountain, and,
Matt Cohn, the Assistant Regional Counsel assigned to the case. All
communications between potentially responsible parties and the EPA should be
thrM ugh these two individuals.
Due: to the seriousness of the problem at this site, the impending
construction season, and the attendant legal. ramifications, the Agency
strongly encourages you to submit a written response within the timeframe
specified herein. EPA hopes that you will. give these matters your immediate
attention.
Since rely,
Robert L. Duprey, Director
Waste Management Division
Enclosures (2)
cc: Mr. Ian Whitlock, Esq.
Arnold & Porter
One United Bank Center
1700 Lincoln Street
Denver, Colorado 80203
POTENTIALLY RESPONSIBLE PARTIES
SMUGGLER MOUNTAIN SITE
Aspen, Colorado
Mr., Sam Brown
Centennial -Aspen, A Limited Partnership
1. ,4r 11 Limited Partnership
World Class Housingi Inc.
1700 Lincoln Street, Suite 4010
lkenvero Colorado 80202
Ms. Phyllis Koteen
SmUggler-Durant mining Corporation
Suite 703
1650 Broadway
New York, New York 10019
Mr. Thomas Smith
Pitkin county Attorney
506 East Main Street
Aspen, Colorado 8i6l1
Mr. chuck vidal
Westerd Slope Management company
Western Slope Development
Hunter Creek Camons, Corporation
P.O. Box 3159
Aspenj Colorado 81611
Mr.,Jay R. Kuhne
Creative Equity Corporati
silver King investments
2 vine Street I
ASPenr Colorado 816,11
Mr. Paul Ticbenor
MCO Holdis
ngInc.
10880 Wilshire Boulevard,
1 --os Angeles, California 900AA
Ms. Marie Kennaday
Aspen Consolidated Mining Company
16838 East Palisades Boulevard
Fountain Hills, Axizona 85268
Mr. Fitzhugh Scott, 111, F
smuggl�r Racquet I Club �sq.
117 South Spring' Street
Aspen, Colorado 8161i
POTENTIALLY RESPONSIBLE PARTIES
SMUGGLER MOUNTAIN SITE
Aspen, Col,orado
Page Two
Mr. Stefan Albouy
704 Spruce Street
Aspenr Colorado 8161
Ms. Brooke A. Peterson
Smuggler mobile Home Owners Association
3115 East Hyman Avenue
Aspen, Colorado 81611
MAY 0 1
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGIONVIII
ONE DENVER PLACE — 999 18TH STREET — SUITE 1300
DENVER, COLORADO 80202-2413
low A yy
101111MINUMM
Ms. Brooke A. Peterson
Smuggler mobile Home Owners Association
315 East Hyman Avenue
Aspen, Colorado 81611
pR�
rr
M AY 5 1986
ASPFN,/PITKIN
Re: Smuggler mountain site
Aspen, Colorado
The United states Environmental Protection Agency (EPA) and several
private parties have been working together to investigate releases and
threatened releases of hazardous substances at the above -referenced facility.
That investigation, which is called a Remedial investigation/Feasibility Study
(RI/FS), was started in July 1985 and is now drawing to a close. once the
RI/FS is finalized and public comment received, EPA will prepare a Record of
Decision (ROD) describing the appropriate remedy for problems at the site.
EPA is considering spending public funds to take the remedial action
(described in the ROD) which will control releases and threatened releases of
hazardous substances at the Smuggler Mountain site. Unless EPA determines
that a responsible party will properly perform such actions, EPA intends to
carry them out pursuant to Section 104 of the comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.c. 9601 et seq.,
(CERCLA).
Under Sections 106(a) and 1,07(a) of CERCLA and other laws, responsible
parties may be obligated to, implement any needed relief actions as determined
by EPA and may also be liable for all costs incurred by the government in
responding to any release or threatened release at the site. Such costs can
include, but are not limited to, expenditures for investigation, planning,
cleanup of the site, and enforcement. By this letter EPA notifies you of your
potential liability with regard to this matter and encourages you to
voluntarily undertake remedial activities which will be overseen by EPA.
Responsible parties under CERCLA include those who are current owners and
operators of a facility as defined in Section 101(9) Of CERCLA, 42 U.S.C.
9 9601(9), those who in the past owned or operated a facility at the time of
disposal of hazardous substances or were (by contract or otherwise) involved
in the transport, treatment or disposal of those hazardous substances.
Section 107 Of CERCLA, 42 U.S.C. Section 9607. Based on information in EPA's
possession, EPA believes that Smuggler Mobile Home owners Association may be a
responsible party.
MMC -7
EPA has determined that:
1. there has been a release of hazardous substances (as defined by
Section 101(14) of CgRCLA);
2. there is a significant threat of release of hazardous substances; and
3. there is a significant threat of direct contact of humans to
hazardous substances
from or at the referenced site. At the present time, lead, cadmium, and zinc
are contaminating or threatening to contaminate the groundwater, surface
water, and air surrounding the site. As a result of these releases, humans
living in the vicinity of the mine wastes and the habitat of the Roaring Fork
River could be harmed. A map of the site boundaries is enclosed.
By this letter you are being asked to undertake, and may be liable for,
any corrective measures necessary to protect public health, welfare, or the
environment._ Such measures may include, but are not limited to:
1. Designing and implementing the EPA -approved remedial option;
2. Providing any monitoring and maintenance necessary after remedial.
measures are completed; and
3. Taking any other future corrective actions necessary to remedy
releases or threatened releases not yet discovered but resulting
from the same hazardous substances®
YOU should notify EPA, in writing, within seven (7) calendar days from
the receipt of this letter, of your willingness to conduct or participate in
the remedial action. Otherwise, EPA will assume that you decline any
involvement and will likely proceed with the appropriate measures.
Your letter should indicate the appropriate name, address, and telephone
number for further contact with you. If you are already involved in
discussions with state or local authorities, engaged in voluntary action, or
involved in a lawsuit regarding this site, you should continue such activities
as You see fit; you should not interpret this letter to advise or direct you
to restrict or discontinue any such activities. You should report, however,
the status of those discussions or that action in your letter. Please provide
a copy of your letter to any other parties involved in those discussions.
Your letter should be sent to Matt Cohn, Office of Regional Counsel, u.s.
EPA Region VIII, one Denver place, 999 18th Street, Suite 1300, Denver,
Colorado 80202-2413. If you need further information, Mr. Cohn can also be
reached by telephone at (303) 293-1468.
EPA would like to encourage good faith negotiations between you and the
Agency and among you and other parties potentially responsible for the
-2-
Smuggler mountain site. The names of other potentially responsible parties
are revealed to you on the enclosed list so that you may schedule meaningful
discussions with other potentially responsible parties regarding cleanup
efforts and quickly organize yourselves into a representative body to
facilitate negotiations with the Agency. Negotiations are scheduled to begin
by May 5, 1986, and must end by June 16, 1986. EPA's negotiating team will be
comprised of Tom Star e, Regional Project Manager at Smuggler Mountain, and
Matt Cohn, the Assistant Regional counsel assigned to the case. All
communications between potentially responsible parties and the EPA should be
through these two individuals.
Due to the seriousness of the problem at this site, the impending
construction season, and the attendant legal. ramifications, the Agency
strongly encourages you to submit a written response within the timeframe
specified herein. EPA hopes that you will give these matters your immediate
attention.
Sincerely,
Robert L. Duprey, Director
Waste Management Division
Enclosures (2)
POTENTIALLY RESPONSIBLE PARTIES
SMUGGLER MUNTAIN SITE
Aspen, Colorado
Mr. Sam Brown
Centennial -Aspen, A Limited Partnership
Centennial -Aspen II Limited Partnership
World class Housingf Inc.
1700 Lincoln street., Suite 401.0
Denverp Colorado 80202
Ms. Phyllis Koteen
Smuggler -Dur t
Suite 703
1650 Broadway
New York, New York, 100:19
Mr. Thomas Smith
Pitkin County Attorney
506 East in Street
Aspent Colorado 816ll
Mr. Chuck Vidal ,
Westerif Slope Management Cwpany
Western SlOpe Developinent
Hun�er Creek, COMOns Corporation
P.O. Box 3159
Aspen,r Colorado 8,1611
Ar. Jay R. KUhne
Creative "Jriuity Corporation
Silver King Investulents
2 vine Street
Aspen, Colorado 81611
Mr. Paul TiChenor
MCD Holdings Inc.
10880 Wilshire Boulevard
Los Angeleso, California 90024
Ms. Marie Kennaday
Aspen Consolidated Mining 'Company
16838 FAst Palisades
d
Boulevar,
Fountain Hills, Arizona 85268
Mr. Fitzhugh Scott, III, Esq.
Smuggler Racquet Club
117 south Spring' Street
Aspen I Colorado 8161i
POTP14TIALLY RESPONSIBLE PARTIES
SMUGGLER MOUNTAIN SIT,
Aspens Colorado
Page Two
Mr. Stefan Albouy
704 Spruce Street
A,spenColorado 81611
NJMs. Brooke A. Peterson
Smuggler Wile Home Owners Association
315 East Hyman Avenue
Aspen, Colorado 81611
a
Matt Cohn, Esq.
Office of Regional Counsel
UoS. EPA Region VIII
One Denver Place
999 Eighteenth Street, Suite 1300
Denver, Colorado 80202-2413
...... . . .... .............
506 east main street
aspen, colorado 81611
(3 03 ) 92 0-12 2 3
RE.* Smuggler Mountain Site - Aspen, Colorad#
Dear Mr. Cohn:
MAY 5 1986
ENVRA01\1ME1',4'FAL HFALT1 I
ASPEN/PITKINI
I am jn rec�eipt oif a letter dated May 1, 1986, from Mr. Robert L.
Duprey, Director, Waste Management Division, regarding the Smug-
gler Mountain Site. This letter is intended to respond to the
request regarding Pitkin County's willingness to conduct or
participate in remedial action for the clean-up of the Smuggler
Mountain Site.
As EPA's records will show, the County has been highly cooperative
with the efforts of EPA regarding the investigation of releases
and threatened releases of hazardous substances at the above -
referenced site since the investigation's inception last year.
It is the County's intention to continue to cooperate in a reason-
able manner towards the implementation of necessary remedial
actio -t.
However, since EPA has not yet acted upon the Remedial Investiga-
tion/Feasibility Study {RI/FS), and since EPA has not yet prepared
a Record of Decision (ROD) describing the appropriate remedy for
problems at the site, it would be premature for the County to
make a commitment to participate in the remedial action.
The County wishes to participate in discussions and negotiations
regarding clean-up efforts at the site. Please contact me regard-
ing the scheduling of any such negotiations, so that I might
participate on behalf of Pitkin County.
Letter to Matt Cohn, Esq.
office of Regional Counsel
U.S. EPA Region VIII
RE: Smuggler Mountain Site - Aspen, Colorado
May 2, 1986
PAGE 2
Very truly yours,
Thomas Fenton Smith
County Attorney
I wqw �
cc: Helen Klanderud, BOCC Chairwoman
John Eldert, County Manager
Jim Adamski, Property Manager
Tom • Environmental Health
Mr. Thomas Smith
Pitkin County Attorney
506 East main Street
Aspen, Colorado 81611,
Re: Smuggler Mountain Site
Aspen, Colorado
Dear Mr. Smith:
The United States Environmental Protection Agency (EPA) and several
private parties have been working together to investigate releases and
threatened releases of hazardous substances at the above -referenced facility.
That investigation, which is called a Remedial Investigation/Feasibility Study
(RI/FS), was started in July 1985 and is now drawing to a close. Once the
RIITS is finalized andpubliccomment received, EPA will prepare a Record of
Decision (ROD) describing the appropriate remedy for problems at the site.
EPA is considering spending public funds to take the remedial action
(described in the R(lD) which will control releases and threatened releases of
hazardous substances at the Smuggler Mountain site. Unless EPAdeterminesthat a responsible party will properly perform such actions, EPA intends to
carry them out pursuant to Section 104 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601 et seq.,
(CERCLA).
Under Sections 106(a) and 107(a) Of CERCLA and other laws, responsible
parties may be obligated to implement any needed relief actions as determined
by EPA and may also be liable for all costs incurred by the government in
responding to any release or threatened release at the site. Such costs can
include, but are not limited to, expenditures for investigation, planning,
cleanup of the site, and enforcement. ly this letter EPA notifies you of your
potential liability with regard to this matter and encourages you to
voluntarily undertake remedial activities which will be overseen by EPA.
Responsible parties under CERCLA include those who are- current owners and
operators of a facility as defined in Section 101(9) of CEWA, 42 U.S.C.
5 96009), those who in the past owned or operated a facility at the time of
disposal of hazardous substances or were (by contract or otherwise) involved
in the transport, treatment or disposal of those hazardous substances.
Section 107 Of CERCLA, 42 U.S.C. Section 9607. Based on information in EPA's
Possession, EPA believes that Pitkin County may be a responsible party.
UN I I'ED STA FES ENV I RONMENTAL PRO TEG I 1ON A GENCY
REGION VHI
M,�Y 0 1
ONE DENVER PLACE — 999 113TH STREET -- SUITE 1300
NVR, COLORADO X30202-241:3
DEE
Ref VC
CERTIF&D MA[L
RETURN RECEIPT
REQUEST
Mr. Thomas Smith
Pitkin County Attorney
506 East main Street
Aspen, Colorado 81611,
Re: Smuggler Mountain Site
Aspen, Colorado
Dear Mr. Smith:
The United States Environmental Protection Agency (EPA) and several
private parties have been working together to investigate releases and
threatened releases of hazardous substances at the above -referenced facility.
That investigation, which is called a Remedial Investigation/Feasibility Study
(RI/FS), was started in July 1985 and is now drawing to a close. Once the
RIITS is finalized andpubliccomment received, EPA will prepare a Record of
Decision (ROD) describing the appropriate remedy for problems at the site.
EPA is considering spending public funds to take the remedial action
(described in the R(lD) which will control releases and threatened releases of
hazardous substances at the Smuggler Mountain site. Unless EPAdeterminesthat a responsible party will properly perform such actions, EPA intends to
carry them out pursuant to Section 104 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601 et seq.,
(CERCLA).
Under Sections 106(a) and 107(a) Of CERCLA and other laws, responsible
parties may be obligated to implement any needed relief actions as determined
by EPA and may also be liable for all costs incurred by the government in
responding to any release or threatened release at the site. Such costs can
include, but are not limited to, expenditures for investigation, planning,
cleanup of the site, and enforcement. ly this letter EPA notifies you of your
potential liability with regard to this matter and encourages you to
voluntarily undertake remedial activities which will be overseen by EPA.
Responsible parties under CERCLA include those who are- current owners and
operators of a facility as defined in Section 101(9) of CEWA, 42 U.S.C.
5 96009), those who in the past owned or operated a facility at the time of
disposal of hazardous substances or were (by contract or otherwise) involved
in the transport, treatment or disposal of those hazardous substances.
Section 107 Of CERCLA, 42 U.S.C. Section 9607. Based on information in EPA's
Possession, EPA believes that Pitkin County may be a responsible party.
EPA has Jetermined that:
1 there has teen a release of hazardous substances (as defined by
Section 101 041 Of CERCLA);
2. there is a significant threat of release of hazardous substances; and
3. there is a signcaea
nt thrt of W& econtact of humans to
hazardous substances
from or at the referenced site. At the present time, lead, cadmium, and zinc
are contaminating or threatening to contaminate the groundwater, surface
water, and air surrounding the site. As a result A these releases, humans
living in the vicinity of the mine wastes and the hVitat of the Roaring Fork
River could be harmed. A rap of the site boundaries is enclosed.
By this letter you are being asked to undertake, and may be liable for,
any corrective measures necessary to protect public health, welfare, or the
environment. Such measures may include, but are not limited to:
1. Designing and implementing the EPA -approved remedial option;
2. Providing any monitoring and maintenance necessary after remedial
measures are completed; and
3. Taking any other future corrective actions necessary to remedy
releases or threatened releases not yet discovered but resulting
from the same hazardous substances.
You should notify EPA, in writing, within seven (7) calendar days from
the receipt of this letter, of your willingness to conduct or participate in
the remedial action. otherwise, EPA will assume that you decline any
involvement and will likely proceed with the appropriate measures.
Your letter should indicate the appropriate name, address, and telephone
number for further contact with you. If you are already involved in
discussions with state or local authorities, engaged in voluntary action, or
involved in a lawsuit regarding this site, you should continue such activities
as you see fit; you should not interpret this letter to advise or direct you
to restrict or discontinue any such activities. You should report, however,
the status of those discussions or that action in your letter. Please provide
a copy of your letter to any other parties involved in those discussions.
Your letter should be sent to Matt Cohn, Office of Regional Counsel, U.S.
EPA Region VIII, One Denver Place, 999 18th Street, Suits 1300, Denver,
Colorado 80202-2413. If you need further information, Mr. Cohn can also be
reached by telephone at (303) 293-1468.
EPA would like to encourage good faith negotiations between you and the
Agency and among you and other parties potentially responsible for the
MC
Smuggler Mountain site. The names of other potentially responsible parties
are revealed to you on the enclosed list so that you may schedule meaningful
discussions with other potentially responsible parties regarding cleanup
efforts and quickly organize yourselves into a representative body to
facilitate negotiations with the Agency. Negotiations are scheduled to begin
by May 5, 1986, and must end by June 16, 1936. EPA's negotiating team will be
comprised of Tan staTSTV, Regional Project Manager at Smuggler Mountain, and
Matt Cohn, the Assistant Regional Counsel assigned to the case. All
communications between potentially responsible parties and the EPA should 'sem
through these two individuals.
Due to the seriousness of the problem at this site, the impending
construction season, and the attendant legal ranifications, the Agency
strongly encourages you to submit a written response within the timeframe
specified herein. EPA hopes that you will give these matters your immediate
attention.
Sincerely,
Enclosures (2)
Robert L.
Duprey, Director
,4W Waste Management Division
Enclosures (2)
POTENTIALLY RESPOOSIBI,E PARTIES
SMUGGLER UNTAIU SITE
Aspen, Colorado
Mr. San Brown
Cen tennial -Aspen, A Limited Partnership
Centennial-ABpen II Limited Partnership
World Class Housing, Inc.
1700 Lincoln Street, Suite 4010
Denver, Colorado 80202
99- Phyllis Koteen
Smuggle r. -Durant Mining Corporation
Suite 703
1650 Broadway
New York, New York 1001.9
\IjMr. Thomas Smith
Pitkin County Attorney
506 East Main Street
Aspenr Colorado 816U
Mr. Chuck Vidal
westerrf Slope Management comp
Western Slope Development
Hunter Creek COMOn,s Corporati•
P.O. Box 3159
Aspen, Colorado 81611
Mr. Jay R. Kuhne
Creative Equity Corporation
Silver King Investments
2 Vine Street
Aspen, Colorado 81611
Mr. Paul Tichenor
MCO Holdings Inc.
108,80 Wilshire Boulevard
Los Angeles, California 90024
Ms. Marie Kennaday
Aspen Consolidated Mining Company
1.6838 East Palisades Boulevard
Fountain Hills, Arizona 85268
Mr. Fitzhugh Scott, 111, Esq.
Smuggler Racquet Club
117 South Spring Street
Aspen, Colorado 81611
POTENTIALLY RSSWNSIBLE PARTIES
SMUGGLER MOUNTAIN SITE
Aspen, Colorado
Page Two
Mr., Stefan Albouy
704 Spruce Street
Aspen, Colorado 81611
Ms. Brooke A. Petersan
Smuggler mobile Home Owners Association
315 East Hyman Avenue
Aspenp Colorado 81611
me