353410 12/23/20091:20 PM Patncia Berger 

lof 3 CRS RSO.OO DSO.OG Lake County Recorder 

PROCEEDING OF THE BOARD OF COUNTY COMMISSIONERS 

COUNTY OF LAKE AND STATE OF COLORADO iTsSSO'S-RS SDMS 

RESOLUTION 2009-34 

A RESOLUTION AMENDING THE LAKE COUNTY LAND DEVELOPMENT 

CODE AND ADOPTING REGULATIONS CONCERNING INSTITUTIONAL 

CONTROLS FOR SEVENTEEN MINE WASTE PILES LOCATED IN OPERABLE 

UNIT 9 WITHIN THE CALIFORNIA GUICH SUPERFUND SITE 

WHEREAS, the Board of County Commissioners of the Cotmty of Lake, State of 

Colorado ("Board"), is vested with administering the affairs of Lake County, Colorado, pursuant 

to state statutes; and 

WHEREAS, the Board has initiated a Land Use and Development Application, file 

number 09-22, proposing that the Lake County Land Development Code (LDC) be amended to 

meet the requirements of the various Environmental Protection Agency (EPA) Records of 

Decision, Action Memoranda, and Explanation of Significant Differences (ESD) that require 

institutional controls for the Califomia Gulch Superfund Site designed to prevent contaminated 

soils from being handled inappropriately, and to assist the EPA in deleting the Califomia Gulch 

Superfund Site from the National Priorities List (NPL). 

WHEREAS, because the amendment to the LDC was initiated by the Board, no 

application fee was required to be paid; and 

WHEREAS, the Lake County Land Development Code does not currently contain 

provisions establishing institutional controls for or within Operable Unit 9; and 

WHEREAS, an amendment to the Lake Coimty Land Development Code is necessary to 

add standards of review and definitions pertaining to institutional controls for seventeen mine 

waste piles located in the Califomia Gulch Superfund Site Operable Unit 9; and 

WHEREAS, the Lake Coimty Planning Commission and the Board of Covmty 

Commissioners held a joint public hearing on this matter on the 23rd day of _November, 2009; 

and 

WHEREAS, the Board of Covmty Commissioners has considered the recommendations 

ofthe Lake County Land Use Department and the Planning Commission; and 

WHEREAS, the Board of County Commissioners finds that the foregoing amendments to 

the Lake County Land Development Code are consistent with the goals, objectives, policies and 

other provisions of the Lake Coimty Comprehensive Plan and the Land Development Code, are 

necessary because of changing social values, new planning concepts, or other social or economic 

conditions, and will promote the public health, safety, and general welfare of the citizens of Lake 

County. 

NOW THEREFORE BE IT RESOLVED that: 

Section 1. This Resolution is consistent with the goals, objectives, policies and other provisions 

ofthe Lake County Comprehensive Plan and Land Development Code. 

Section 2. This Resolution is necessary because of changing social values, new planning 

concepts and other social and economic conditions. 

Section 3. This Resolution is found to promote the public health, safety and general welfare. 

Section 4. The Lake County Land Development Code Chapter 3.2 is herby amended to add the 

following language: 

3.2,1. A) The last sentence shall be amended as follows: 
353410 12/23/20091;20PM Patricia Berger 

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The purpose of these regulations is to establish institutional controls to meet the 

requirements ofthe various EPA Records of Decision, Action Memoranda or 

ESD that require institutional controls, to implement requirements designed to 

prevent contaminated soils firom being handled inappropriately, and to assist EPA 

in deleting the Site fi'om the National Priorities List (NPL). 

D) Definitions. Shall be amended to include the following: 

8) Operable Unit 9 (0U9): Operable Unit 9 includes those portions of the 

Califomia Gulch site where the land use is residential or that are currently 

owned as residential/populated areas and as low-density residential areas. 

3.2.2. Best Management Practices Informational Handout. The first sentence shall 

be amended as follows: 

Each applicant for a building permit within the boundaries of Operable Unit 3, 

Operable Unit 8 and the seventeen mine waste piles in Operable Unit 9 ofthe 

Califomia Gulch Superfund Site will be provided with a handout from the Lake 

County Building and Land Use Department regarding Best Management Practices 

for managing potentially contaminated soils in Lake Coimty. 

3.2.3. Institutional Controls. Shall be amended to include the following: 

C. Seventeen Mine Waste Piles Located in Operable Unit 9 ofthe Califomia Gulch 

Superfund Site. 

1) EPA issued an ESD (Explanation of Significant Differences) in September 

2009 to document significant differences to the Record of Decision (ROD) for 

Operable Unit 9. The September 2009 ESD documents EPA's decision to 

require institutional controls for seventeen mine waste piles within Operable 

Unit 9 that have soils at the surface that are under the 3500 ppm lead residential 

action level but may have lead contamination at depth that exceeds the 

residential lead action level. EPA designated the seventeen mine waste piles as 

engineered remedies in the ESD. EPA has prepared a map that identifies the 

specific mine waste pile. Those piles are identified as numbers 12, 13, 18, 20, 

23, 27, 31, 32, 33, 34, 35, 36, 207, 329, 331, 339 and 340. This map will be 

located in the Lake Coimty Building Department, Clerk and Recorder's Office 

and Assessor's Office. 

2) Engineered Remedies. It shall be unlawful to erect, constmct, reconstmct, 

alter or modify the footprint of any building, stmcture or improvements on 

land, including excavation, within an engineered remedy in Operable Unit 9 

ofthe Califomia Gulch Superfund Site without prior notification and approval 

from the Colorado Department of Public Health and Environment. 

Written proof of approval firom the Colorado Department of Public Health and 

Environment is a condition precedent to issuance of a building permit by the Lake 

Coimty Building Department. The applicant must submit a written request for 

approval to the Colorado Department of Public Health and Environment with a 

copy to the Lake County Building Department, each via certified mail. The 

Colorado Department of Public Health and Environment vdll provide an initial 

response Comprised ofthe acknowledgment ofthe request and timeline and 

potential efforts needed by the applicant for successful completion ofthe request 

determination. Applicants are solely responsible for obtaining written approval 

from the Colorado Department of Public Health and Environment. 

3) Penalty. Failure to provide proof of prior notification and approval from the 

Colorado Department of Public Health and Environment for these prohibited 

activities is subject to a civil penalty of $100.00. Additionally, the infraction 

will be reported to the Colorado Department of Public Health and Environment 

by letter from the Lake County Building Department. 
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Patricia Berger 

Lake County Recorder 

Section 5. The Lake County Land Development Code Section 8.2.10 is hereby amended to add 

the following: 

C) Operable Unit 9 ofthe California Gulch Superfund Site, ]\Iine Waste Piles. To 

erect, constmct, reconstruct, alter or modify the footprint of any building, 

stmcture or improvements on land, including excavation, within an EPA 

engineered remedy in Operable Unit 9 of the Califomia Gulch Superfimd Site 

without prior approval of the Colorado Department of Public Health and 

Environment. 

Section 6. This Resolution shall become effective upon its adoption. 

MOVED, READ AND ADOPTED by the Board of County Commissioners of the 

County of Lake, State of Colorado, at its regular meeting held the 21st day of December, 2009. 

BOARD OF COUNTY COMMISSIONERS 

LAKE COUNTY, COLORADO 

^^:^^^>g»w -

Keimeth L. Olsen, Chairman 

Michael J. Boidogna y^ 

ATTEST: 

fe^^ 

Patricia A. Berger, Clerk and Reccfrder, 

Lake Coimty, Colorado; ex officio 

Clerk to the Board