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1161230-R8SDMS 

PINE CANYON DEVELOPER GUIDELINES 

Future Development within the Lincoln Removal Action Area 

Introduction 

These Developer Guidelines are written for developers and homeowners who plan to develop or 

build on property that may have been impacted by historic activities related to the International 

Smelting & Refining Company's Tooele Smelter (IS&R). 

The former smelter property and Pine Canyon residential properties affected by smelter 

activities have been remediated through various EPA monitored actions since 1986. 

Specifically, Atlantic Richfield Company (Atlantic Richfield), under the direction of the US 

Environmental Protection Agency (EPA), has completed a series of remedial actions in Pine 

Canyon wherein soil with elevated lead and arsenic concentrations was removed from 

residential properties and replaced with clean soil. Environmental studies conducted in 2001-

2003 by Atlantic Richfield indicate lead and arsenic concentrations, which are above acceptable 

residential cleanup levels, may exist in soils on some undeveloped properties in the Pine 

Canyon area. 

In order to monitor future development in Pine Canyon and confirm that properties are 

adequately remediated, Tooele County has created the Pine Canyon Environmental Overlay 

Zone (See Figure 1). Within the Overlay Zone a review of the environmental condition and 

possible remedial action is required as part of the development or building construction approval 

process. Applicants anticipating development within the Pine Canyon Area should first meet 

with the Tooele County Planning and Zoning Department (TCPZ) to determine if the property to 

be developed or otherwise improved is subject to the requirements of the Overlay Zone. The 

initial request should include the following information: 

• Physical address or parcel number 

• Vicinity Map 

• Concept Map showing planned development or construction 

The TCPZ will review previous sampling data (See Figure 2 for sampling completed to date in 

undeveloped areas in Pine Canyon) to determine if additional sampling and remedial action is 

required. Steps for completing this process are described below under "Steps to Completing 

Development in the Overlay Zone." 

These guidelines are designed to assist with: 

• Providing background information and giving a basic understanding of the risks of lead 

and arsenic in soil 

• Describing steps required to develop in the Overlay Zone 

• Providing requirements and procedures for completing additional sampling 

• Selecting a remedial construction technique for cleanup 

• Documenting the sampling and construction completed 
Pine Canyon Developer Guidelines 

May 2009 

Background Information 

How do soils become impacted? 

In 1910, IS&R began processing ore from local mines. Metals processing continued at 

the smelter until the early 1970's when the smelter was closed and demolished shortly 

thereafter. The smelter process produced four types of waste as by-products: 

• Waste Rock or unprocessed ore: Waste rock consists of the rock set aside 

during mining or mineral processing that did not contain sufficient amounts of target 

metals to be economically viable. 

• Tailings: Tailings are created by grinding mine ore into sand and removing the 

metal-bearing portion of that sand, called concentrate, by gravity. Concentrate is then 

further processed through the smelter leaving behind the lower metal content tailings. 

Since tailings had no productive use at IS&R, they were deposited into tailings 

impoundments west of the smelter. 

• Slag: At IS&R, the concentrate was conveyed through blast furnaces to "drive 

off" the sulfur and further separate the target metals from the concentrate leaving a byproduct waste known as slag. The slag waste was disposed of east of the former 

smelter. 

• Stack Emissions: Stack emissions consist of finite particles discharged from 

smelter smoke stacks. 

What are the Health Concerns associated with impacted soils? 

The primary environmental concern in Pine Canyon is soil containing higher than normal 

amounts of lead and arsenic. In the Oquirrh Mountains, lead and arsenic occur naturally 

in varying concentrations, which is the reason for its attractiveness as a mining area. 

These natural concentrations generally do not pose a significant health risk. Since the 

milling and smelting operation is designed to concentrate lead and arsenic, waste 

materials or soils impacted by the waste may contain higher amounts of these elements 

than those found in the natural environment. 

Some studies conclude that elevated concentrations of lead and arsenic may affect 

human health. According to EPA health concerns associated with exposure to lead and 

arsenic are wholly dependent on how much contact there is with affected material (soil, 

tailings, etc.). Because young children are more likely to play on the ground they 

generally have greater potential exposure to lead and arsenic in soil (inadvertently 

swallowing soil by sticking their fingers or other objects into their mouths). In 

comparison, adults who typically spend less time outside in direct contact with the soil 

and have better hygiene habits, have less exposure. Accordingly, cleanup levels (the 

maximum allowable concentration of lead and/or arsenic in soil) established by the EPA 

for the Pine Canyon area are based on the potential exposure of a young child. The 

Agency for Toxic Substance & Disease Registry states describes the following health 

concerns associated with lead and arsenic: 
Pine Canyon Developer Guidelines 

May 2009 

Lead: Exposure to lead can happen from breathing workplace air or dust, eating 

contaminated foods, or drinking contaminated water. Children can be exposed 

from eating lead-based paint chips or playing in contaminated soil. Lead can 

damage the nervous system, kidneys, and reproductive system. 

Arsenic: Exposure to lower levels can cause nausea and vomiting, decreased 

production of red and white blood cells, abnormal heart rhythm, damage to blood 

vessels, and a sensation of "pins and needles" in hands and feet. Ingesting or 

breathing low levels of inorganic arsenic for a long time can cause a darkening of 

the skin and the appearance of small "corns" or "warts" on the palms, soles, and 

torso. 

How Land Use affects Clean up Levels 

As stated above the primary type of use of an area and the frequency with which 

people are exposed to its soils, determine acceptable lead and arsenic cleanup levels. 

The EPA, after completing a Health Risk assessment for the IS&R site originated lead 

and arsenic cleanup levels for various land use types. 

If land use is recreational or agricultural and small children are not likely to be regularly 

exposed to the soil, the allowable cleanup level is higher than those established for 

areas surrounding homes in residential areas. In addition, these areas are normally 

covered with crops or native grasses which reduce the likelihood of dust migration or ' 

inhalation. However, when a proposed development and new building changes the type 

of land use, it is important to evaluate the lead and arsenic levels against cleanup levels 

established for the proposed future use. Thus, when an agricultural or open space area 

is developed into a residential use, actions to reduce lead and arsenic concentrations on 

the property may be required. 

Table of Cleanup Levels for Pine Canyon 

Land-Use 

Recreation/Open Space 

Agricultural 

Residential 

(40,000 ft^ surrounding house) 

Average Concentration (mg/kg) ^' 

Lead 

2,230 

2,230 

580 

Arsenic 

900 

900 

100 

Residential cleanup levels apply to the average soil concentrations on the 40,000 sf 

immediately surrounding a house. The land use type (recreation/open space, etc.) 

would then apply for the remaining portions of the property. (See Figure 3) 

Steps for Completing a Development or Building within the Overlay Zone 

When developing or building within the Overlay Zone the process is similar to the standard 

approval process with the additional step of working with the Tooele County Health Department 

(TCHD) to determine the environmental status of the property (See Figure 4 and 5). If the 

environmental assessment completed on the property determines soil concentrations of lead or 

arsenic exceed cleanup levels, then a remedial action is warranted. Obviously, the goal of any 
Pine Canyon Developer Guidelines 

May 2009 

cleanup action is to reduce the potential exposure to humans from impacted soils. There are 

multiple methods to accomplish this; sometimes the most effective method is simply to remove 

the impacted soil. Other times, it is more effective to place a layer of clean material, or a "cap," 

between the impacted soils and the people. An environmental professional can assist in 

determining what the best option is for individual properties. 

Information provided in the subsequent paragraphs describes the steps unique to the 

environmental aspects of the Overlay Zone. 

Stepi: Prepare Concept Plan of the proposed improvement 

All required drawings and documents prepared by the Applicant shall be submitted to 

TCPZ who will distribute to the other agencies as needed. To begin the environmental 

approval process the applicant should prepare and submit to TCPZ a Concept Plan of 

the development or new bijilding showing where the property is and what the proposed 

' improvements will be (residential, open space, roads, buildings, etc.).' The TCPZ will 

review the plan, confirm that it is within the Overlay Zone and will discuss with the 

Applicant what Cleanup Levels apply for the proposed land use. If the proposed project 

is not within the Overlay Zone, TCPZ will inform the Applicant that there are no 

environmental review requirements and that the project may proceed through the 

standard approval process. 

Step 2: Submit a Sampling and Analysis Plan 

When a property to be improved is within the Overlay Zone, a Sampling and Analysis 

Plan (SAP) prepared by the Applicant or its consultant is required. The purpose of the 

SAP is to define a plan of how an environmental assessment will evaluate the current 

environmental condition of the property relative to established Cleanup Levels. The 

TCHD will then review the SAP to evaluate sampling design, sampling methods, sample 

handling and data quality objectives. Sampling may begin once authorization to move 

forward is obtained from the TCHD. The plan should include the intended Scope of 

Work and details on how it will be accomplished. Soil analysis for lead and arsenic 

should be performed by XRF with a minimum 5% Quality Assurance duplicate samples 

analyzed by ICP methods or as otherwise approved by TCHD. At a minimum, the 

sampling frequency defined in the SAP shall include one 5-point composite for each 

40,000 sq ft area (200' X 200' grid) or for each planned or existing lot within a 

subdivision, whichever is less. Collect one composite sample and analyze for depths 

representing 0-6", 6"-12" and 12"-18". 

Remedial Objectives and Acceptance Criteria: 

The minimum criterion for acceptance of a property to proceed towards 

development is: 

The area average for any given residential building pad and the adjacent 40,000 

sq ft (residential portion) of a planned or an existing subdivided lot as determined 

by the composite samples shall not exceed the Cleanup Level of 580 ppm lead 

or 100 ppm arsenic. In addition, no one sample within the residential area shall 

exceed 900 ppm lead or 150 ppm arsenic. Evaluation ofthe minimum criteria 

shall be applied at each of the three sampling depths. 
Pine Canyon Developer Guidelines 

May 2009 

The area average outside the residential portion of each planned or existing 

subdivided lot as determined by the composite samples shall not exceed the 

Cleanup Levels of 2,230 ppm lead and 900 ppm arsenic. In addition, no one 

sample shall exceed 14,850 ppm lead or 4,545 ppm arsenic. Evaluation ofthe 

minimum criteria shall be applied at each of the three sampling depths. 

Step 3: Submit Sampling Results and Remedial Plan 

After completion of field sampling, the Applicant prepares and submits a summary of all 

sampling completed and associated analytical results. If sampling indicates that lead 

and/or arsenic concentrations are below Cleanup Levels, the Applicant will then proceed 

by working with TCPZ through the standard approval process. 

If the field sampling indicates soil concentration levels of lead and/or arsenic are above 

established Cleanup Levels, the Applicant will prepare a Remedial Work Plan (RWP). 

Prepare the RWP in accordance with the Table of Contents shown below and submit to 

TCPZ for approval prior to implementation. (Possible methodologies may include those 

described below under "Remedial Construction."): 

RWP Table of Contents: 

I. Purpose and Objectives of Remedial Work Plan 

II. Discussion of Investigation Findings 

. a. data summary 

b. areal extent map 

III. Roles and Responsibilities 

IV. Remedial Construction Methods and Procedures 

• proposed remedial.methods 

• quantities 

• proposed surface grading and restoration 

• deposition of impacted soil 

• quality assurance 

V. Site Specific Health and Safety Plan 

VI. Remedial Construction Schedule 

VII. Post Construction Confirmation of Remedial Objectives 

The RWP will be reviewed for completeness and to insure that the proposed plan 

addresses the full extent ofthe impacted soil and adequately addresses community 

health and safety issues. Final approval by TCHD is based on meeting performance 

criteria, not specific methodologies. Allow TCHD may approve certain methodologies in 

the RWP, the Applicant is fully responsible for meeting cleanup requirements. 

Step 3: Remedial Construction 

After review and authorization to proceed, the cleanup remedial construction actions 

may begin. Described below are three possible cleanup techniques. The first technique 

involves complete removal of impacted soil from the property. The remaining two 

techniques use a combination of methods to minimize the potential of human exposure. 

Technique 1: Removing the Impacted Soil 
Pine Canyon Developer Guidelines 

May 2009 

Using this technique, all impacted soil is excavated from the property and 

transported to a landfill, or other approved area for permanent disposal. Atlantic 

Richfield has set aside a portion of its property for disposal of smelter impacted 

soil that exceeds cleanup levels. Removing all impacted soil is the surest way for 

the TCHD to determine your property is clean, thereby allowing unrestricted use 

in the future. Removing impacted soil from a property requires the most upfront 

costs; however, it will not require long-term operation and maintenance or 

impose land use restrictions. 

Soil is to be removed using environmental safe methods that reduce dust and 

protect community residents from physical and environmental hazards. No 

specific depth is required during removal; however, confirmation sampling needs 

to confirm that remedial objects have been met. Following removal, plant area 

with native grass or other acceptable vegetative cover that prevents migration of 

windblown dust. 

Technique 2: Partial Removal 

Using the partial removal technique, impacted soils are removed from various 

portions of a large property (i.e. residential portion) and either transported to the 

Atlantic Richfield repository or spread onto open space areas within the property 

that have higher acceptable cleanup levels. Current and subsequent property 

owners are responsible for maintaining the open space in perpetuity or cleanup 

the property to a higher land use standard as needed to prevent human 

exposure. 

Using these same concepts, greenbelts can be created by moving residential 

soils to open, space areas on a subdivision wide basis providing a variety of 

amenities, such as attractive views, open space preservation, and convenient 

recreation opportunities. 

Because the EPA allows open space areas to contain higher levels of lead and 

arsenic, impacted soil can be permanently left as long as there is a minimum 

cover of grass or other coverage as approved by TCHD. 

Technique 3: Using the Impacted Soil as Backfill 

When using this technique, some impacted soils may be used as backfill in utility 

trenches, or under hardscape features such as asphalt roads. 

When this technique is used, the impacted soil must be covered with a minimum 

of 18" of clean soil, concrete, asphalt or other surfacing to minimize the risk of 

human exposure. Current and subsequent property owners are responsible for 

maintaining the protective surfacing in perpetuity. 

When covered with a protective surfacing, this method provides effective 

protection from lead and arsenic exposure, while minimizing cleanup costs. 

Using the impacted soil as backfill material eliminates hauling and disposal costs, 

as well as costs to purchase and haul clean backfill. Use of this method requires 

the approval of the design and institutional controls directed by the TCHD. 
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May 2009 

Step 4: Submit Final Report 

Upon completion of the remedial work, submit for approval a final report prepared by and 

certified by a professional engineer for approval. Include in the report a summary of 

remedial construction and all confirmation sampling. Confirmation sampling must certify 

that remedial construction was completed according to the RWP and that remedial 

objectives have been met. Figures showing sample locations and areas addressed by 

remedial actions; tables with analytical results; construction quantities and a narrative of 

actions taken should all be included in the report. 

Step 5: Proceed with Development Approval 

Once the TCHD approves the final report, TCHD will provide a letter to TCPZ stating that 

remedial objectives have been met and no future environmental action is necessary for 

the intended use. Final approval for the project will be given by TCPZ after all other 

requirements are met 

Tooele County Land Use Ordinance 

September 22,2009 Addition of Chapter 29 - Pine Canyon Overlay Zone. 

Ordinance 2009-25 

PINE CANYON ENVIRONMENTAL OVERLAY ZONE 

Section 

29-1. Purpose. 

29-2. Boundary. 

29-3. Definitions. 

29-4; Application. 

29-1. Purpose. 

The purpose of this chapter is to monitor future 

developmeni in the Pine Canyon area and confirm that 

properties are adequately remediated. Environmental 

studies conducted in 2201-2003 under the direction of 

the US Environmental Protection Agency and the Utah 

Department of Environmental Quality have indicated a 

potential for soils in this area to contain elevated 

concentrations of lead and arsenic, above acceptable 

residential cleanup levels, on some undeveloped 

properties. 

29-2. Boundary. 

The overlay boundary includes properties within the 

Pine Canyon Township as identified on the Pine 

Canyon Environmental Overlay Zone Map oh file with 

the Tooele County Health Department and the Division 

of Planning and Zoning. 

29-3. Definitions. 

"Development action" means any man-made change 

to real estate, including, but not limited to, the 

construction of buildings or other structures requiring a 

permit, land uses requiring land use authority approval, 

subdividing, mining, dredging, filling, grading, paving, 

excavation or drilling. 

29-4. Application. 

Within the overlay zone a review of environmental 

conditions and possible remedial action is required as 

part of any development action. Confirmation of 

sulTicient remedial action, for the intended use, shall be 

required from the Tooele County Health Department 

prior to proceeding with a development action. A 

property owner/developer shall be required to submit a 

Sampling and Analysis Plan according to Development 

Guidelines adopted by and on file with the Tooele 

County Health Department prior to conducting any 

sampling of the property. The owner/developer must 

submit a Remedial Work Plan as described in the 

Guidelines prior to performing remedial work. 

TOOELE COUNTY LAND USE ORDINANCE - CHAPTER 29