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Home My WebLink AboutSmuggler Superfund - Soil Sampling & RemovalJuly 21, 1986 Department of the Interior Bureau of Reclai°iiation Drill Crew Mr. Phil Clark 1100 North 315 West Pleasant Grove, Utah 84062 Re.- Smuggler Mountain Hazardous Waste Site Dear Mr. Clark, This letter was written after the completion of a Bureau of Reclamation drilling program at Smuggler Mountain, Aspen, Colorado. The drilling program was commissioned by the U.S. Environmental Protection Agency to determine the stability and soil identification of a high level waste repository. The drill crew consisted of Mr. Gale Hacking, Mr. Darryl Sholly and Mr. Bob Singson. I would like to take this opportunity to compliment the drill crew for their professional and careful approach to this project. They were very dependable men who obviously care very, much about their responsibilities and in getting the job done. There capabilities when operating equipment and job safety made me feel at ease being around them. The crew worked well together, even under stressful conditions. Each man depended on the other in a very synergistic manner. Gale, Darryl and Bob were enjoyable to work with, they were exemplary in their dedication, and represented the Bureau of Reclamation well. Should the Bureau be active in future work in Pitkin County I would request Gale, Darryl and Bob be sent. MME33M Thomas S. Dunlop, Director Environmental, Health Department cc: Mr. Gale Hacking Mr. Darryl Sholly Mr. Bob Singson Mr. Daniel Grundvig Ms. Paula Schmittdielp E.P.A. July 21, 1988 Department of the Interior Bureau of Reclamation Mr. Walt Fife, Projects Manager P.O. Box 188,9 Grand Junctionv Colorado 81502 Re: Smuggler Mountain Hazardous Waste Site - Mr. Ken Wesl:on. Dear Mr. Fife, This letter was written after a soil monitoring program was completed by the Bureau of Reclamation at the Smuggler Mountain Hazardous Waste Site. This project was commissioned by the U.S.Environ mental Protection Agency to investigate stability and soil identification in the area of a high level waste repository. Mr. Ken Weston was your representative on the site as Geologist and Safety Officer. I would like to take this opportunity to compliment Ken, both in his administration of this difficult assignment and in his professional demeanor. Ken was always very helpful, courteous and a gentleman in his approach to his job® Ken was respectful,. of the drill crew and all other contractors that were on the site during the project, he represented the Bureau of Reclamation very well. His scientific and common sense approach toward completing the task was very helpful. in gathering information with the least amount of community impact. If there is a future need for the Bureau to be involved in this or any other project in Pitkin County I would request Ken Weston be the Geologist you send. I enjoyed working with Ken and would look forward to working with him on other projects. Jaz Thomas S. Dunlopp Director Environmental Health Department cco. Mr. Ken Weston Ms. Paula Schmittdiel,, E.P.A. Mr. Daniel Grundvigr Bureau of Reclamation -Xll�jlma V, Phil Clark B.O.R. Drill Crew 1100 North 315 West Pleasant Grove, Utah 84062 W -Ar, 7 '-2-13 017 TO: Mary Sue Kennington and Jim Duke FROM: Reid Haughey SUBJECT.- EPA Superfund Site DATE: June 8, 19T9 At their meeting last Monday, the BOCC discussed addressing EPA's determination that two feet of soils need to be removed from the Smuggler Fund Site to adequately protect the public from any lead, contamination. This is based on EPA's determination that a 2411 cover of clean soils will provide an adequate bed for the root zones of any edible plants that may be grown in the soils, with the obvious exception of trees. Can you shed any light on whether or not this is, a reasonable determination? Please get together and discuss whether another depth, such a 1811 or 1 foot, would be equally defensible with the EPA as fete rmination of the need for a two -foot cover. I I would appreciate it if this could be done prior to June 16th. Thank you and please call if you have any questions. cc: Tom Smith Tom Dunlop semdg/wp/rh6.150 IN Cooperative Extension Colorado State University Pitkin County Extension Office 01W Lone Pine Road Aspen, Colorado 81611 (303) 920-5370 M E X 0 R A N D U M TOO. Reid Haughey Jim Duke FROM: Pitkin County txtensioeAgent (Director) *ATE: June 19, 198t ME: EPA Superfund Site: Response to Reid Haughey's inquiry The EPA recommends that a 2411 clean soil cover be established in the Smuggler Superfund Site to provide an adequate bed for the root zones of edible plants that may be grown in that area. My thoughts on this subject based on research from Colorado State University are: 1) Many variables exist which dictate the root growth of vegetables, trees, and shrubs. These include depth of soil, its texture and structure, soil pH, and plant species. Roots of vegetables may extend to 12 to 24 inches but are predominantly located in the top 6 to 12 inches of soil. Tree roots are predominantly located in the top 6 to 24 inches of the soil and occupy an area with a diameter two to four times the diameter of the tree crown. This is because the soils in the Aspen area are sandy -clay loam and clay loam. The subsoil is quite rocky. Heavy clay soils have poor aeration that limits root growth. Soil that has been compacted have even less aeration, though I suspect that most garden soils have been amended with manure and other organic matter to increase the oxygen supply to the soil. Unless the soil has been worked and amended for years, it is difficult for the roots to penetrate the lower soil depths. 2) Potatoes and carrots would have the deepest root systems of the vegetables known to successfully grow in this area. The leaf crops would have more shallow roots systems. -more- Colorado State University, U.S. Department of Agriculture and Pitkin County cooperating, Cooperative Extension programs are available to all without discrimination, Research conducted by David Boon, Colorado State University Soil Test Laboratory (1982), discovered, that many plants take up varying amounts of lead. Fruits of plants takeiup less i thanthe roots,and root cropsa up less than the leafy green portion of the plant. The highest lead accumulations appear to be beet tops, lettuce, and spinach. All of the Brassica'sbroccoli, tested during the research project indicated no accumulation, of lead. Though the root crops, such as potatoes and carrots, accumulate as. more thanicrops, they can be scrubbed and peeled to remove lead that may have concentrated in the peel. 3) Changing the soil depth (or grade) around a plant by more than d inches will kill or • ri T severe decline that plant due to s drastic change in oxygen an• water relationavailability to the roots. Changing the soil level by 2 fee will certainly create problems with, all vegetation at the Smuggler site. To apply 24 inches of clean soil cover eve after hand -digging and pruning around the base of trees would be an acute shock to the trees, This would expose t roots to air, injure the roots, change the soil conditions around the root zone, and reduce water availability to the root systems. often, trees do not show signs of stress, decline, and/or death until -2-5 years after a root injury.1 I recommend the following measures to deal with the potential lead and cadmium contamination problem at Smuggler, especially i gardening practices: 1) Conduct soil tests of all garden or potential garden spot P Depending on • •ual soil lead and cadmium levels, require homeowners r grow es in containersor raised beds filledwith clean topsoil.i -R• and crops.cadmium levels are moderate, grow only fruiting or Brassi g) Locate gardens away from roads or driveways if possible. 4) Discard older, outer leaves of vegetables before eating. Do not use this material for composting or mulching for the. garden. This would include leaves from deciduous trees. Since leaves do not break down easily in the County Land- fill due to lack of oxygen and moisture, establish a depository close Smuggler for the disposal of plant materials. Test the compost for heavy metal contamination. 1f test(s) show no elevated levels, use this compost to amend the clay soils in the area. 5) Encourge or require the establishment a ground cover or lawn in areas that are not paved or being used for a vegetable garden. Use mulch on the vegetable and flower garden soils. Mulch is a protective layer for the garden soil. Mulch and ground cover will cover the soil and keep it moist and reduce contaminated soil exposure to wind and young children. i) Gardeners should peel and shrub all root crops to remove lead and cadmium accumulations in the peel. Vegetables an fruits should not be washed with a soap solution. 7) Have all residents in the area, sign a statement that, they are aware of the potential risks of gardening in lead and cadmium contaminated soils. 8) Invest funds to conduct blood tests of youth and adults to determine if exposure has contributed to elevated blood levels. Note: 11 Elevated lead levels in soils have been reported in Boston, Washington, New York, Baltimore, Montana, Colorado and many Eurpoean countries. A lead tas force in the greater Boston area considered total lead levels,in excess of:5,00 PPM as dangerous to -public health,"] Source: "Summary of Recent Research on Lead in Aspen," D.Y. Boon, P. Soltanpour & M.S. Kennington, 1,9 8211. CC: Board of County Commissioners Bill Raley, District Director 0 Jim Scherer, Regional Administrator Environmental Protection +•- 999 • Street, Suite 500 Denver, CO 8020 405 Dear Mr. Scherer: I am writing to follow up on events that have occurred subsequent to our meeting of August 21st in Denver. The Board of County Commissioners presented the conceptual agreement that we worked out to representatives of the innocent landowners in the Smuggler Site at a meeting on August 30th. It was the unanimous decision of those representatives to agree to proceed with further developing our agreement for remediating the Smuggler Site based upon the principles outlined to them. Attached are copies of the materials provided to the landowners at the meeting. The willingness of the homeowners to continue developing the conceptual agreement worked out with the EPA is predicated upon EPA's honoring the principles worked out at our meeting in August. They are currently in the process of gathering letters of commitment from the various homeowners ,associations for your files, and we request that EPA provide a similar record of its willingness to proceed with the proposed clean-up. We look forward to continuing to work with you on this matter. Please contact me if I can provide any additional information. Sincerey, Reid Haughey, county Manager cc: Board of County Commissioners Tom Smith, County Attorney Tom Dunlop, County Environmental Health Director attachment pcsem/wp/rh8.236 Administration County Commissioners County Attorney Personnel and Finance Road and Bridge 530 E. Main, 3rd Floor Suite B Suite I Suite F Fleet Management Aspen, CO 81611 506 E. Main Street 530 E. Main Street 530 E. Main Street 20210 W. Highway 82 (303) 920-5200 Aspen, CO 81611 Aspen, CO 81611 Aspen, CO 81611 Aspen, CO 81611 FAX 920-5198 (303) 920-6160 (303) 920-5190 (303)920-5220 (303) 920-5390 01% . U141T ED STATES ENV I RONMENTALPROTECT I oN AGENCY IIEGIO14 Vill I s6o LINCOUA STREET DENVER.,COLORADO 60295 sri7u ler maiiiitain statement Pitkin County hissue for several years and has as been working on this EPA will work closely Witt' tile already taken steps to ameliorate the problem. county in continuing to address these matters. Tailings fr6m this area encroached on a small portion of a site where all employee housing project is being built. ii I owever, a visual inspection I of that limited portion of the housing site indicates that most of the tailings were removed by the joint action of the county and the housing project developer. The I county and the developer have indicated that they have plans. to remove any remai . ning contaminated materials. W lien further sampling and investigation are done, we will know whether there is a need for further soil removal Paula Schmittdiel Remedial Project Manager EPA 999 18th Street, Suite 500 Denver, CO 80202-2405 Dear Paula: Pitkin County Enclosed is a signed copy of the Voluntary Consent for Access to Property concerning the use of County land for soil sampling on the' Smuggler Mountain Remedial Action Program. As noted, we are not giving access to Molly Gibson Park at this time. Also, as we discussed, we require that all activities undertaken be in compliance with the County building code. Please let me know if you have any questions or need further information. (-9-1-i1cerely, Reid Haughey County Manager enclosure Planning Office Tom Dunlop, Environmental Health Director Tom Smith, County Attorney Mark Fuller, Environmental Quality Director Building Dept Memos of Interest pcsem/wp/rh6.178 Administration 530 E. Main, 3rd Floor Aspen, CO 81611 (303) 920-5200 FAX 920-5198 tD printed on recycledpaper - County Commissioners Suite B 506 E. Main Street Aspen, CO 81611 (303) 920-5150 County Attorney Suite 1 53,0 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 JUN 1 1990 Ref: 8HWM_SM 0 Mr. Reid Haughey, County Manager n as Pitkin County 530 E. Main, 3rd Floor JUN 4 199:0 Aspen, Colorado 81611 ENVIRONMENTAL HE LTR Dear Mr. Haughey: ASPEWPITKIN I have enclosed a Voluntary Consent for Access to Property form for your office concerning the use of county land for soil sampling on the Smuggler Mountain Remedial Action Program. Our plans are to install two temporary trailers and up to four temporary buildings for the purpose of soil sampling. Temporary water and underground electrical service will also be provided to this location. Access for the Mollie Gibson Park Repository Site is also required for the purpose of soil and wastewater disposal. In accordance with the Superfund Amendment and I Reauthorization Act of 1986 (SARA), Section 121(e), onsite activities for this remedial action should require no additional Federal, State, or Local Permits. Please sign and return the original Voluntary Consent for Access to Property form for the above -referenced properties to this office. If you have any questions or need further assistance, please contact Mr. Ray Plieness at (303) 248-0688. Sincerely, Paula Schmittdiel Remedial Project Manager Enclosures (2) cc: R. Plieness, BOR This written permission for access is given by me voluntarily with knowledge of my right to refuse, and is not in response to threats or promises of any kind. I . NAME DATE NAME DATE 2 UNITED STATES ENVIRONMENTAL PROTEc'nON AGENCY REGION VIH #+W 0i DENVER, COLORADO r, r s 05 I hereby consent and agree to the: of:fice:rs, employees, and autborized PROTECTION- entering having my property at the address^4 above, for following purposes: 1. The sampling of the top 1 foot of soil, on the property r may be determined w • ,.r,. necessary accordance with • • • -•sampling plan. Samples may be collected from any vegetated or non -paved (gravel) areas on the property. 2. A survey of the property includingmeasurements an i inventory existingsidewalks, understandtriveways, patios, trees, shrubs and gardens, etc.) t iesign the remedy on the above property. M I also that I have the right to claim a splitr any soil• a on • • realize^ _ actions by the EPA are undertaken pursuant. •its responseand enforcement _ r• • 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 voluntarily with knowledge of my right. to reuse, and is not in response to threats or promises of any kind. Ik.A,4S NS NAME SATE NAME. DATE I do request a split. I do not request a split. WTUM ADDRESS: 11A (b_� K I -� I 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 purposes: 1. The sampling oe top 1 foot of soil on the property as may be determined to be necessary in accordance with the approved sampling plan. Samples may be collected from any vegetated or non -paved (gravel) areas on the property. 2. A survey of t I he property including measurements anI inventory of existing features (lawn, sidewalks, driveways, patios, trees, shrubs and gardens, etc.) t design the remedy on the above property. I also understand that I have the right to claim a split oi any soil sample taken on my property. - I realize that these actions by the EPA are undertaken pursuant to its 'response and enforcement responsibilities under the Comprehensive Environmental Response, Compensation and Liability Act (Superfund), 4:2 U.S.C. 9601 et seq. This written permission for access is given by me voluntarily with knowledge of my right to refuse, and is not in response to threats or promises of any kind. \NE 4,%jE Wi_ bDW-t R_cs�P�10__A i 0 06Z Mo_ tZ q0 ME DATE I do request a split., f� t DATE I do not request a split. March 27, 1990 Paula S,chmittdiel U.S. Environmental Protection Agency 8HWM-SR 999 18th St., Suite 500 Denver, CO 80202-2405 Dear Ms. Schmittdiel: Frederick K. Martinson P.O. Box 3186 Aspen, CO 81612 This concerns the Smuggler Mountain Superfund Site, in particular the remedial action at Hunter Creek, as explained in the March, 1990 ESD. I would like to restate the concerns that I mentioned at the meeting held on March 22, 1990. To base the remedial action on a sampling scheme that appears purely judgemental and does not follow established sampling practices is ludicrous. The following sample locations should be re- examined and the extent of contamination at the 3" and 6" level verified: HC -047, HC -049, HC -051, HC -052, HC - 055, HC -058, HC -065, HC -066, HC -068, HC -069. Rather than resampling at the same locations, the area containing the locations in question should be resampled using a grid structure and each sample replicated to ascertain the sampling error. If the results show that the top 3" of soil cover are below the 1000 ppm threshold (at, say, the 95% level of confidence, given both the sampling error and the lab test error), another 3" of clean topsoil should be added instead of excavating the full 6". This will eliminate the problems of dust exposure to lead -bearing soil to the residents of Hunter Creek. Since the sample points in question do not contain any play areas, there should be no need for a geo-textile liner. Parenthetically, only HC -065 and HC -066 of the sample sites mentioned are above the 1000 ppm at the 3"' level, so even without additional sampling, the addition of 3" of clean topsoil is much more sensible than the excavation of the top 611. It is appalling to me that the EPA is attempting to railroad a proposed remedial action at Hunter Creek based on data analysis that is at best sophomoric and at worst intentionally misleading. It enrages me that you are making statistical inferences that are goin to � affect human lives,without the apparent knowledge o and Paula Schmit-Ldiel. March 27, 1990 Page 2 concern for the extent of the sampling errors and the accuracy of the analytical method for the determination of lead content. If you don't have this information, obtain it. If you don't understand it, find somebody who does. Then formulate a proposal that makes sense and that can be supported scientifically and politically. Sincerely, Frederick K. Martinson CC: Aspen -Pitkin County Environmental Health ➢department UNITF'D STATES FE"NVIRONMENTAL PROTECTION AGENCY Mr. Steve Smathers Johnson and Swanson 4700 Interfirst Two Dallas, Texas 75270 Dear Mr. Smathers: REGION 'VIII 1860 LINCOLN STREET DrNVEF�, COLORADO 80295 c NOV ri 1,984 E%NVIRONUiENTAL FIEALTH ASPEWPI,IrKIN It has come 'to our attention that the proposed listing of Smuggler Mountain on the National Priority List has caused a great amount of public concern. We feel that some of the public response to the proposed listing is, in part, based upon misinformation. This letter will clarify 'the nature of the problem at Smuggler Mountain arid, hopefully, eliminate any misconceptions about the severity of 'the problem. The primary concern at the Smuggler Mountain site is the possibility of exposure to toxic metals contained in mine tailings piles and contaminated topsoils. At present, we do not have information which would indicate the need for an immediate removal. Given our current knowledge of conditions at the site, we do not anticipate that evacuation or demolition of the buildings will be necessary. Rather, we believe that removal of soils on or near -the surface is a more likely remedy. We reiterate that this remedy will probably not require demolition of structures. Money has been appropriated from the Superfund for a thorough remedial investigation of the site. Once completed, the investigation will indicate both the extent of the contamination and alternative means of permanently remedying the problem. We anticipate the study will be completed by January, 1986. It is important to note that the Smuggler Mountain site is on a "proposed" list of Superfund, sites; no final determination has, as yet, been made -to put it on the National Priorities List. There is a 60 -day period in which the public may comment on the listing of the site. EPA is currently in contact with the citizens of Aspen. Anyone who is concerned with the site can reach the agency using our toll-free number (800-332-3321). We expect that there will be a second public meeting on the site. ji''you have any questions pertaining to the site, please feel free to contact Tom Staible, at 844-6238, or Matt Cohn, at 844-4812. Sincerely, JPG. Welles e (cl io giVal Administrator cc: Tom Dunlop ID UNITED STATES ENV IRONWNTAL F'ROTEOION AGENCY REGION V111 REF 8RC Mr. Sam Brown Centennial World Aspen, Colorado Dear Mr. Brown: 1860 LINCOLN STREE'r DENVE�R, COLORADO 80295 Class Housing Corp. 81611 N 0V 5 1,'�'NVIRONMENTAL FJEALT[f ASPEN/mlrw It has come to our attention that the proposed listing of Smuggler Mountain on the National Priority List has caused a great amount of public concern. We feel that some of the public response to the proposed listing is, in part, based upon misinformation. This letter will clarify the nature of the problem at Smuggler Mountain and, hopefully, eliminate any misconceptions about the severity of the problem. The primary concern at the Smuggler Mountain site is the possibility of exposure to toxic metals contained in mine tailings piles and contaminated topsoils. At present, we do not have information which would indicate the need for an immediate removal. Given our current knowledge of conditions at the site, we do not anticipate that evacuation or demolition of the buildings will be necessary. Rather, we believe that removal of soils on or near the surface is a more likely remedy. We reiterate that this remedy will probably not require demolition of structures. Money has been appropriated fromthe Superfund for a thorough remedial investigation of the site. Once completed, the investigation will indicate both the extent of the contamination and alternative means of permanently remedying the problem. We anticipate the study will be completed by January, 1986. It is important to note that the Smuggler Mountain site is on a "proposed'' list of Superfund sites; no final determination has, as yet, been made to put it on the National Priorities List. There is a 60 -day period in which the public may comment on the listing of the site. EPA is currently in contact with the citizens of Aspen. Anyone who is concerned with the site can reach the agency using our toll-free number (800-332-3321). We expect that there will be a second public meeting on the site. - 2 - lf,ou have any questions pertaining to the site, please teel free to contact Tom Staible, at 844-6238, or Matt Cohn, at 844-4812. Sincerely, jhohn G. Welles Regional Administrator cc: Tom Dunlop J Ott) Stj, UNITED STATES ENVIRONMENTAL. PROTECTION AGENCY RF.-.'GION Vill 1860 L,INCOLN STREET DENVER, COL.QRADO 80295-0699 1904 REF 8RC Ms. Phyllis Koteen Twin Lakes Road South Salem, N.Y. 10590 Dear Ms. Koteen: ILI I NOV 1. 9 19�34� ENVIRONMENTAL HEALTH ASPEN/Pilrmi It has come to our attention that the proposed listing of Smuggler Mountain on the National Priority List has caused a great amount of public concern. We feel that some of the public response to the proposed listing is, in part, based upon misinformation. This letter will clarify the nature of the problem at Smuggler Mountain and, hopefully, eliminate any misconceptions about the severity of the problem. The primary concern at the Smuggler Mountain site is the possibility of exposure to toxic metals contained in mine tailings piles and contaminated topsoils. At present, we do not have information which would indicate the need for an immediate removal. Given our current knowledge of conditions at the site, we do not anticipate that evacuation or demolition of the buildings will be necessary.Rather, we believe that removal of soils on or near the surface is a more 'likely remedy. We reiterate that this remedy will probably not require demolition of structures. Money has been appropriated from -the Superfund for a thorough remedial investigation of the site. Once completed, the investigation will indicate both the extent of the contamination and alternative means of permanently remedying the problem. We anticipate the study will be completed by January, 1986. It is important to note that the Suiuggler ivIountain site is on a "proposed" list of Superfund sites; no final determination has, as yet, been made to put it on, the National Priorities List. There is a 60 -day period in which the public may comment on the listing of the site. EPA is currently in contact with the citizens of Aspen. Anyone who is concerned with the site can reach the agency using our toll-free number (BOO -332-3321). We, expect that there will be a second public meeting on the site., - 2 - If you have any questions pertaining to the site, please feel free to contact Tom Staible, at 844-6238, or Matt Cohn, at 844-4812. Sincerely, 'V n G. Welles cc: Toni Dunlop Regional Administrator ,'tEv sr4, z 0 4( PA0111*1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY DENVER, COLORADO 80202-2413 October 3, 1985 Smuggler Mobile Homeowner's Association 295 North Neale Aspen, Colorado Dear Property Owner: The Environmental Protection Agency (EPA) is requesting your cooperation in an investigation that involves some work on your property. EPA's policy is to obtain a site access agreement from the property owner if at all possible. Such an agreement, however, is not a prerequisite to EPA access to, or investigation of, the site in question. EPA is prepared to take any available judicial or administrative actions necessary to obtain site access. In the hope that a voluntary agreement is possible, I have enclosed a copy of a Superfund Investigation Release Form which would grant access to EPA to perform investigations on your property. For purposes of facilitating this agreement, EPA is willing to define generally the expected location of the proposed monitoring wells and to heed your input as to the best route for heavy equipment to reach those locations. In ,addition, EPA is willing to negotiate the times at which access would be reasonable. EPA, upon request, will provide you with: split samples and will give notice of activities in accordance with your right to observe such activities. EPA will not enter into any indemnification agreements for any liabilities arising from activities on the site. You may add the above provisions to the agreement from. If you have any questions, please feel free to call me at (303) 2913-1468. Sincerely, Matt Cohn Assistant Regional Counsel MC/cs Enc. o UNITED STATES ENVIRONMENTAL PROTECTION AGENCY �41111( Pnolo4" REGION Vill ONE DENVER PLACE —'999 18TH STREET — SUITE 1300 1 DENVER, COLORADO 80202-2413 SUPERFUND INVESTIGATION RELEASE FORM 0) (NAME), the (OWNER OR_A7UFn_1TCD_R =PTNTTTTV_r_7_7ffE OWNER) of TtFe -property at /; c -c[1 .k 0 1 "(' F" C, �` )-1L' ,, 17/1) le y ��_ (PROPERTY DESCRIPTION) agree to allow Env I ronme-n-tal Protection Agency_'EPA") employees and contractors to enter upon the above-described property and to perform investigations of the nature and extent of contamination of hazardous substances as defined by Section, 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Section 9601(14). I understand that EPA has authority to enter upon my property for such purposes under Section 104(e) of CERCLA, 42 U.S.C. Section 9604(e), and pursuant to Section 104(b) of CERCLA, 42 U.S.C. Section 9604(b), to conduct any investigations, monitoring, surveys, testing and other information gathering as EPA or its contractors may deem necessary or appropriate to identify the existence and extent of the release or threat thereof, the source and nature of the hazardous substances, pollutants or contaminants involved, and the extent of danger to the public health or welfare or the environment. 7r- J7� I � � 4'*' I' f k'. o �' k 11 1y I told /'; DAT RI11 TN�Ess `)rri c 6 e c at frt0 L U, qA 10 AI 1'f") '-� er I � e I V- (TITLE__)_ UNITED, STATES ENVIRONMENTAI., PROTECTION AGENCY REGION Vill FX ONE DENVER PLACE —999 18TH STREET — SUITE 1300 DENVER, COLORADO 80202-2413 SUPERFUND INVESTIGATION RELEASE FORM (NAME), the 07#V9QV-Z) (OWNER oR-TM7MUlrD—RCPTE7.WrWTTVr-gr-VE OWNER) of t ffo erty at 0 L !E� L";, a (PROPERTY DESCRIPTION) A ------ ) employees and a g re e —�to al I OWProtech 6 gene y PA, contractors to enter upon the above-described property and to perform investigations of the nature and extent of contamination of hazardous substances as defined by Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Section 9601(14). I understand that EPA has authority to enter upon my property for such purposes under Section 104(e) of CERCLA, 42 U.S.C. Section 9604(e), and pursuant to Section 104(b) of CERCLA, 42 U.S.C. Section 9604(b), to conduct any investigations, monitoring, surveys, testing and other information gathering as EPA or its contractors may deem necessary or appropriate to identify the existence and extent of the release or threat thereof, the source and nature of the hazardous substances, pollutants or contaminants involved, and the extent of danger to the public health or welfare or the environment. -r-w 6 2- f-)-7 ICA/ (DATE) ISIGNATURE) TITLE WITN�SS ,ICU SrA, A% UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 'It PA0111�REGION VIII 1 ONE DENVER PLACE - 999 18TH STREET - SUITE 1300 DENVER, COLORADO 80202-2!413 October 3, 1985 Smuggler Racquet Club Aspen, Colorado Dear Property Owner: The Environmental Protection Agency (EPA) is requesting your cooperation in an investigation that involves some work on your property. EPA's policy is to obtain a site access agreement from the property owner if at all possible. Such an agreement, however, is not a prerequisite to EP.A access to, or investigation of, the site in question. EPA is prepared to take any available judicial or administrative, actions necessary to obtain site access. In the hope that a voluntary agreement is possible, I have enclosed a copy of a Superfund Investigation Release Form which would grant access to EPA to perform investigations on your property. For purposes of facilitating this agreement, EPA is willing to define generally the expected location of the proposed monitoring wells and to heed your input as to the best route for heavy equipment to reach those locations. In addition, EPA is willing to negotiate the times at which access would be reasonable. EPA, upon request, will provide you with split samples and will give notice of activities in accordance with your right to observe such activities. EPA will not enter into any indemnification agreements for any liabilities arising from activities on the site. You may add the above, provisions to the agreement from. If you have any questions, please feel free to call me at (303) 293-1468. Sincerely, Matt Cohn Assistant Regional Counsel MC/cs Enc. 0 o UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION VIII ONE DENVER PLACE - 999 181-H STREET - SUITE '1300 DENVER, COLORADO 80202-2413 SUP'ERFUND INVESTIGATION RELEASE FORM I PiGUa (�,Va (NAME), the PT Z( -Y �('P R 6_� V C (OWNER OR-YU I D TWTTV_r_0T_71TE OWNER) of tKe—Vroperty at (PROPERTY DESCRIPTION) Juv c" agree t6 alowEnv ironmen talProtection _Agency_T'1") employees and contractors to enter upon the above-described property and to perform investigations of the nature and extent of contamination of hazardous substances as defined by Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Section 9601(14). I understand that EPA has authority to enter upon my property for such purposes under Section 104(e) of CERCLA, 42 U.S.C. Section 9604(e), and pursuant to Section 104(b) of CERCLA, 42 U.S.C. Section 9604(b), to conduct any investigations, monitoring, surveys, testing and other information gathering as EPA or its contractors may deem necessary or appropriate to identify the existence and extent of the release or threat thereof, the source and nature of the hazardous substances, pollutants or contaminants involved, and the extent of danger to the public health or welfare or the environment. t A �) L ) 6- (or'e-�'� $ I % rtkJ-,A 6 � KU KXAAAA- I 1� to -'3 - 'L (DATE) ) to - ; -� '- 0 �— " OJA L h>. (SIGNATURE) , 41& at latk)__ TITLE S7,4, 4�� UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION VIII ONE DENVER PLACE - 999 18TI-I STREET - SUITE 1300 DENVER, COLORADO 80202-2413 October 3, 1985 Mr. Don Delise 1574 Lenado Road Woody Creek, Colorado Dear Property Owner: The Environmental Protection Agency (EPA) is requesting your cooperation in an investigation that involves some, work on your property. EPA's policy is to obtain a site access agreement from the property owner if at all possible. Such an agreement, however, is not a prerequisite to EPA access to, or investigation of, the site in question. EPA is prepared to take any available judicial or administrative actions necessary to obtain site access. In the hope that a voluntary agreement is possible, I have enclosed a copy of a Superfund Investigation Release Form which would grant access to EP! to perform investigations on your property. For purposes of fa Jitating this agreement, EPA is willing to define generally the ex,,ected location of the proposed monitoring wells and to heed your input as to the best route for heavy equipment to reach those locations. In addition, EPA is willing to negotiate the times at which access would be reasonable. EPA, upon request, will provide you with split samples and will give notice of activities in accordance with your right to observe such activities. EPA will not enter into any indemnification agreements for any liabilities arising from activities on the site. You may add V -- above provisions to the agreement from. if you have any questions, please feel free to call me at (303) 293-1468. Sincerely, %w, m att Cohn Assistant Regional Counsel MC/cs Enc. l r yW 0 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Aq4 PRO, RE IGI� WI I'I ONE DENVER PLACE -- 999 18TH'STREET - SUITE '1300 DENVER, COLORADO 80202-2413 SUPERFUND INVESTIGATION RELEASE FORM I, (NAME), the (OWNER OR I D PR V F E OWNER) of the -property at. (PROPERTY DESCRIPTION) agree to allow Environmental Protech on gency EPA") employees and contractors to enter upon the above-described property and to perform investigations of the, nature and extent of contamination of hazardous substances as defined by Section 10.1(14) of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA")', 42 U.S.C. Section 9601(14). I understand that EPA has authority to enter upon my property for such purposes under Section 104(e) of CERCLA, 42 U.S.C. Section 9604(e), and pursuant to Section 104(b) of CERCLA, 42 U.S.C. Section 9604(b), to conduct any investigations, monitoring, surveys, testing and other information gathering as EPA or its contractors may deem necessary or appropriate to identify the existence and extent of the release or threat thereof, the source and nature of the hazardous substances, pollutants or contaminants involved, and the extent of danger to the public health or welfare or the environment. (DATE) SIGNATURE. TITLE REF: 8HWM-SR UNITED ErrATES EENWRONMEN'T"M PROTECTUN AGENCY REGION VM 999 18th STREET-SU11 E 5100 DENVER, COLORADO B0202-2405 Mr. Thomas P. Dunlop, Director Aspen/Pitkin County Environmental Health Department 130 South Galena Street Aspen, Colorado 81611 Dear Mr. Dunlop: JAN E-'NV1R01\'MEN"fA1- FILALT11 ASPEW'l,maq Re: Letter from Scott Mernitz to Tom Staible dated July 22, 1986 As you requested on December 29, 1986, 1 enclose a copy of the letter referenced above from Scott Mernitz of Camp, Dresser and McKee (COM) to Tom Staible, Ranedial Project Manager for the Smuggler site. As we discussed, this letter represents only an estimate by our consultants on the amount of materials being considered for placement in the proposed repository® This estimate was based on the information available to CUM at the time the letter was prepared and does not take into account the sampling results from the Engineering Science sail sampling in the early fall or the CUM sail sampling in October of this year, In addition, the estimate is based on the removal of soils only to ground level, and not below the surface. EPA does not endorse this estimate, but considers it to be as starting point. The Record of Decision states that HS011S and tailings with levels of lead of over 5,000 ppm will be isolated by excavation and removal to a secure repository". Consequently, the actual amount of soils to be removed to the repository will be determined at the time of remedial design and remedial action at the site, when the soils will be excavated and sampled. We appreciate your continued efforts towards the implementation of a final remedy in accordance with the Record of Decision issued for the Smuggler site. If you have any questions with regard to this letter, please contact Naze. I can be reached at (303) 293-1515. Sincerely, to �02 Laura Clemmens, RPM Smuggler Mountain Site Enclosure cc: Cohn Wong CAMP DRESSER & McKE,E INC. CDM l ' • Fliverpoino envtronmental engineers, svenlisds, 2300 151h Sireel, Suite 400 planners, & management Consultants Denver, Colorado 60202' 303 4581311 ,July 22, 1956 _ 1 1�"r Mr. 'Thomas F. Staible �r�� U.S. Environmental Protection Agency-..a 999 lSth Street_�, G:fVVlf�i�NMEN4IAp HEALTH Denver, CO 80202 Project: EPA Contract No.: 65-01-6939 Document No.: 149-TSI-DSSIT-DACD-1 Subject: Revised Estimates of Materials Being Considered for Placement in Proposed Repository, Smuggler Mountain Site, Colorado Dear Mr. Staible: t This letter presents our most recent estimates of the volume of mine waste which will need to be relocated to a stable repository (presently proposed at the Molly Gibson Park site) at the Smuggler Mountain Site, Aspen, Colorado. "These estimates were derived utilizing the following assumptions. o Areas being considered for removal are included within the 5,000 ppm lead isopleth as outlined by Fred C. Hart, Plate 7 and Figure 2 a overlay (REM II). o Removal will occur to a depth of 4.01. o Mine waste on the Smuggler -Durant property will not be moved to the repository. o Sideslopes above and west of the proposed repository owned by Pitkin. County and Centennial Development will remain in place and not be removed to the repository. o The berm near the tennis court parking lots will be removed to the repository.. o A bean between two condominium units below the tennis courts will be removed to the repository. o Sediments from a. settling pond near Hunter Creek will be removed to the repository. Sketch maps outlining these areas are attached. CAMS' DRESSER & WKEE INC. Mr. Thomas F. Staible July 23, 1986 Page 2 Based on these assumptions, CDM has calculated that approximately 28,400 cubic yards of material will require removal to the repository. The area. of the repository has been calculated to be 42,025 ft. (A 20 foot wide buffer zone, to allow for slope stabilization efforts, has been removed from consideration of the repository area to arrive at this figure). "Thus the resulting depth of the volume of material to be placed in the repository will then be approximately 18 feet. Please call me, Gary Shaughnessy, or John Cevaal if you require additional information or have any questions. Sincerely,. CAMP DRESSER & McKE Scott Mernit JGSsdp Attachment ccs S. Mernitz NPM0 J. Cevaal ... I........I ., ...-- .. . . . . . -..,- -- . i .....-1 0 rL0, . . - . LS65(3ZU) (34= 9R.A) .GZIB LS&�S"� (232-0) Xa6aMSU) 93 7.0) 7tK I., .GS73<ZJ3-05 S72<5R") e0AJCE,#.j-rjeA,-III0L-' CLCk Ll I t� OF e-st%Tw%6 s TOW VA9 eS Of 1174 99 04h, OF4Ir -hlkl,4 - ISOL%.4J(5 oF 'sc=r-y-) Pr>A-A- U�A-r-) Cj�,jj(?L-AjreA-rw",� — CUT-LWtF OP K c T7 ., Y .0i' �A y W L *_ �V� 1'19 �n .. s f A} • - .. aL.��'I.� '�•'.�., P� - ;,°� "� ae.�°q"• 'P_-'L'4..P ;��c ^ .y�� ,'. 4 �' � 'r.. + N,Nr 'L .9�a» � °�^ ��` �«. ' w ffi".y ,�# .� '.r�6 � rrmh p t. � •w..^ Vr.".., � ti I.�^` °:. a�� Sika'+-r+�` �y� • �� +• „y Lo,„N ."Y, � � �. "a;.�y '�I ti y, t 'r � Yom, . • "ri yp' WQ . .i b• � . r d pro" i ,N' , :Iwo i Jr • Y � Pe � t , ��` N '�^ �� „ .dam i.I•./q • ° W r ,J ' t p f ' 1.,. •. "Y "inn• Polar Gs .. l ��°Y'ya r.yY C g ro{y� y `'•tl rr. ra • � . ' , „ i d 3• !R� a. r• 2 , r- .SIR *. " y�^4'y"i^'�7• "`'� � yr�i. • ,m of J � � .Wr,'p{-.rya 4 r c: T'- f}'2L P:) L'si,�- T Y= "DLi" •' • � �, � �� . Yy�`. �`wW / � '+yt J�r'�4C.4�' iA `��" �'��, J. y�r . i4 � rLL� i S`� d" l «" q�� ,^ •r , - +" .q••,4 �� "�r�'i°� ,� d'�"�, i�1d tw' � {" �J�.. [+✓-„ 't, , W ` jj,, ocu S4 A% UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION Vill ONE DENVER PLACE - 9,99 18TH STREET - SUITE 1300 Q DENVER, COLORADO 80202-2413 1/,'. Honorable Michael L. Strang U.S. House of Representatives Washington, D. C. 20515 Dear Mike: DI I ` , J "A IN 86 AUG 3 19 ENVIRONMENTAL FlEAL1`I-1 ASPEN/PITKIN Your letter of June 2, 1986, to Mr. Jack McGraw, Deputy Assistant Admini- strator for Solid Waste and Emergency Response, has been referred to my office for response. You wrote concerning the listing of the Smuggler Mountain site on the Superfund National Priorities List (N'PL) published on May 20, 1986. As you presumed, EPA has been seeking and continues to seek the coopera- tion of State and local governments and other interested parties to reach agreement on cleanup without the use of federal funds. Negotiations are on- going to reach an agreement which will culminate in an administrative, order on consent that meets all EPA guidelines for cleanup of NPL sites. However, because the cleanup was not completed by May 20, 1986, we believe it was appropriate for the Agency to list this site on the NPL to assure its, eligi- bility for Superfund monies for cleanup, in the event they are needed. The NPL listing of the Smuggler Mountain site indicates that it is presently undergoing voluntary cleanup. We are hopeful the negotiations we are actively pursuing with potentially responsible parties for cleanup of the site will be successfully concluded during August 1986. This will allow sufficient time for construction and cleanup, of most of the site by December 1986. We anticipate additional work during the following summer; and inspection, monitoring and maintenance of the facilities will continue for at least the next five to ten years. Regarding the eventual delisting of the site after cleanup, the National Contingency Plan provides a petition process by which a site may apply for delisting once the required monitoring period is observed. The creation of a second list is under consideration at the present time. This would allow the present NPL to indicate sites undergoing cleanup activities, and move to the second list sites which have been cleaned up and are in the monitoring stage. The health and environmental factors which lead to the inclusion of the site on the NPL are detailed in the Hazardous Ranking System (HRS) scoring package, a copy of which is enclosed as you requested. A copy of the remedial investigation/feasibility study (RI/FS) which was prepared by a contractor retained by the potentially responsible parties for the site is also enclosed, along, with an addendum to that report and an endangerment assessment prepared by EPA's contractors. These reports contain all the information we have collected on contamination of soils and waters at the site. Honorable Mike Strang Page 2 In answer to your question regarding the numbering and grouping system used by the Agency, the sites are listed in descending order by HRS score. Smuggler Mountain is site number 622 of the present, total of 702 sites. The sites are listed in groups of 50. The negotiation sessions are traditionally held between representatives of EPA and those parties we have determined to be potentially responsible only. We've found that the "closed -door" policy creates an atmosphere more conducive to good -faith negotiations in solving problems and reaching agree- ment. Your interest in this site is much appreciated. If we may provide further information, or if you have any questions regarding the enclosed materials, please do not hesitate to contact me or Tom Staible of the Region 8 Hazardous Waste Management Division at (303) 293-1519. Sincerely, John G. Welles anal Administrator Enclosures - HRS Scoring, Package - RI/FS - Addendum - Endangerment Assessment