361199 4/15/2013'3:20 PM 

CRS R$0.00 DS0.00 

Patricia Berger 

1 of 5 Lake County 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS 

COUNTY OF LAKE AND STATE OF COLORADO III II III I Mill INI 

1261487-R8 SDMS 

RESOLUTION 2013- [3 

A RESOLUTION AMENDING THE LAKE COUNTY LAND DEVELOPMENT CODE 

AND ADOPTING REGULATIONS CONCERNING INSTITUTIONAL CONTROL FOR 

OPERABLE UNITS WITHIN THE CALIFORNIA GULCH SUPERFUND SITE 

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

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

to state statutes; 

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

number jB-O^ , 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 or Action Memoranda that require institutional controls for the California 

Gulch Superfund Site, designed to prevent contaminated soils from being handled 

inappropriately and to assist the EPA in deleting the California 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; 

WHEREAS, the LDC does not currently contain provisions establishing institutional 

controls for Operable Units 2 or 5 (OU2 and OU5) of the California Gulch Superfund Site; 

WHEREAS, an amendment to the LDC is necessary to add provisions specific to OU2 

andOU5; 

WHEREAS, the Lake County Planning Commission and the Board held a joint public 

hearing on this matter on the $fk day of , 2013; 

WHEREAS, the Board has considered the recommendations of the Lake County Land 

Use Department and the Planning Commission; and 

WHEREAS, the Board finds that the foregoing amendments to the LDC are consistent 

with the goals, objectives, policies and other provisions of the Lake County Comprehensive Plan, 

and the LDC; 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. 

1 
361199 4/15/2013 3:20 PM 

2 of 5 CRS R$0.00 D$0.00 Patricia Berger 

Lake County 

NOW THEREFORE BE IT RESOLVED that: 

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

of the Lake County Comprehensive Plan, and the LDC. 

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

concepts, or other social .or economic conditions. 

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

Section 4. The LDC Chapter 3.2.1(D) is amended to add the following new subsections: 

11. Operable Unit 2 (OU2). This operable unit is fully described by the EPA Record of 

Decision for Operable Unit 2, dated September 30, 1999. Generally, OU2 encompasses the 

Malta Gulch drainage. OU2 was deleted from the National Priorities List in June 2001. 

12. Operable Unit 5 (OU5). This operable unit is fully described by two EPA Records of 

Decision for Operable Unit 5, dated September 29, 2000 and October 31, 2000. Generally, OU5 

encompasses the ASARCO Smelter/Colorado Zinc-Lead Mill Site - smelter sites around 

Leadville and one mill site. The smelter sites include the EGWA sites (Elgin Smelter, 

Grant/Union Smelter, Western Zinc Smelter, and Arkansas Valley South Hillside Slag Pile) and 

the AV/CAL sites (Arkansas Valley Smelter and Colorado Zinc-Lead Mill).. 

Section 5. The LDC Chapter 3.2.2 is repealed and replaced with the following: 

3.2.2 Best Management Practices Informational Handout. 

Each applicant for a building permit within the boundaries of Operable Unit 3, Operable Unit 8, 

the seventeen mine waste piles in Operable Unit 9, Operable Unit 4, Operable Unit 7, Operable 

Unit 2 and Operable Unit 5 of the California Gulch Superfund site will be provided with a 

handout from the Lake County Building Department regarding Best Management Practices for 

managing potentially contaminated soils in Lake County. Each applicant will be obligated to 

sign a document attesting to the fact that he/she has read and understood the Lake County Best 

Management Practices handout. No building permit will be issued without the applicant's 

written acknowledgement provided to the County. 

Section 6. The LDC Chapter 3.2.3 is amended to add the following new subsections: 

F. Operable Unit 2 of the California Gulch Superfund Site. 

1. Engineered Remedies. It shall be urnawful to erect, construct, reconstruct, alter or modify 

the footprint of any building, structure or improvements on land, including excavation, within an 
361199 4/15/2013 3:20 PM 

3 of 5 CRS R$0.00 D$0.00 

Patricia Berger 

Lake County 

engineered remedy in Operable Unit 2 of the California Gulch Superfund Site without prior 

notification and approval from the Colorado Department of Public Health and Environment. 

Written proof of approval from the Colorado Department of Public Health and Environment is a 

condition precedent to issuance of a building permit by the Lake County Building and Land Use 

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 and 

Land Use Department, each via certified mail. The Colorado Department of Public Health and 

Environment will provide an initial response within ten (10) days of receipt of the written request 

and will use best efforts to coordinate with landowners to provide a timely resolution of the 

request. Applicants are solely responsible for obtaining written approval from the Colorado 

Department of Public Health and Environment. 

2. Non-Engineered Remedies. It shall be unlawful to excavate and remove any earthen 

materials including, but not limited to, native dirt, native soil, mine waste rock or mine tailings 

from the owned parcel on an EPA non-engineered remedy in excess often (10) cubic yards in 

Operable Unit 2 of the California Gulch Superfund Site without prior approval from the 

Colorado Department of Public Health and Environment. 

Written proof of approval from the Colorado Department of Public Health and Environment is a 

condition precedent to issuance of a building permit by the Lake County Building and Land Use 

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 and 

Land Use Department, each via certified mail. The Colorado Department of Public Health and 

Environment will provide an initial response within ten (10) days of receipt of the written request 

and will use best efforts to coordinate with landowners to provide a timely resolution of the 

request. 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 one hundred dollars ($100.00). Additionally, the infraction will be reported to the 

Colorado Department of Public Health and Environment by letter from the Lake County 

Building and Land Use Department. 

G. Operable Unit 5 of the California Gulch Superfund Site. 

1. Engineered Remedies. It shall be unlawful to erect, construct, reconstruct, alter or modify 

the footprint of any building, structure or improvements on land, including excavation, within an 

engineered remedy in Operable Unit 5 of the California Gulch Superfund Site without prior 

notification and approval from the Colorado Department of Public Health and Environment. 

3 
361199 4/15/2013 3:20 PM Patricia Berger 

4 of 5 CRS R$0.00 DS0.00 Lake County 

Written proof of approval from the Colorado Department of Public Health and Environment is a 

condition precedent to issuance of a building permit by the Lake County Building and Land Use 

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 and 

Land Use Department, each via certified mail. The Colorado Department of Public Health and 

Environment will provide an initial response within ten (10) days of receipt of the written request 

and will use best efforts to coordinate with landowners to provide a timely resolution of the 

request. Applicants are solely responsible for obtaining written approval from the Colorado 

Department of Public Health and Environment. 

2. Non-Engineered Remedies. It shall be unlawful to excavate and remove any earthen 

materials including, but not limited to, native dirt, native soil, mine waste rock, mine tailings, 

slag, flue dust, smelter waste, residential area soils and non-residential area soils from the owned 

parcel on an EPA non-engineered remedy in excess often (10) cubic yards in Operable Unit 5 of 

the California Gulch Superfund Site without prior approval from the Colorado Department of 

Public Health and Environment. 

Written proof of approval from the Colorado Department of Public Health and Environment is a 

condition precedent to issuance of a building permit by the Lake County Building and Land Use 

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 and 

Land Use Department, each via certified mail. The Colorado Department of Public Health and 

Environment will provide an initial response within ten (10) days of receipt of the written request 

and will use best efforts to coordinate with landowners to provide a timely resolution of the 

request. 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 one hundred dollars ($100.00). Additionally, the infraction will be reported to the 

Colorado Department of Public Health and Environment by letter from the Lake County 

Building and Land Use Department. 

Section 7. The LDC Chapter 8.2.10 is hereby amended to add the following new subsections: 

F. Operable Unit 2. 

To erect, construct, reconstruct, alter or modify the foot print of any building, structure or 

improvements on land, including excavation, within an EPA engineered remedy in Operable 

Unit 2 of the California Gulch Superfund Site without prior approval of the Colorado 

Department of Public Health and Environment. 

4 
361199 4/15/2013 3:20 PM Patricia Bereer 

5 of 5 CRS R$0.00 DS0.00 Lake County 

To excavate and remove any earthen materials including, but not limited to, native dirt, native 

soil, mine waste rock or mine tailings from the owned parcel of an EPA non-engineered remedy 

in excess of ten (10) cubic yards in Operable Unit 2 of the California Gulch Superfund Site 

without prior approval of the Colorado Department of Public Health and Environment. 

G. Operable Unit 5. 

To erect, construct, reconstruct, alter or modify the foot print of any building, structure or 

improvements on land, including excavation, within an EPA engineered remedy in Operable 

Unit 5 of the California Gulch Superfund Site without prior approval of the Colorado 

Department of Public Health and Environment.. 

To excavate and remove any earthen materials including, but not limited to, native dirt, native 

soil, mine waste rock, mine tailings, slag, flue dust, smelter waste, residential area soils and nonresidential area soils from the owned parcel of an EPA non-engineered remedy in excess of ten 

(10) cubic yards in Operable Unit 5 of the California Gulch Superfund Site without prior 

approval of the Colorado Department of Public Health and Environment. 

Section 8. 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, this /5~~^cTay of y 4-f' r : ( 2013. 

BOARD OF COUNTY COMMISSIONERS 

,,<<-: r:-'::v LAKE COUNTY, COLORADO 

Mike Bordogna, Chairman 

Dolores Semsack 

Hix 

ATTEST: 

. Patricia A. Berger, Clerk and Recorder, 

Lake County, Colorado; ex officio 

Clerk to the Board 

5