1183307-RB SDMS 

Lake Countv Building and Land Use Department 

Building Land Use Environmental Health Code Enforcement 

Best Management Practices for Managing Lead, Arsenic and 

Cadmium Containing Soils In Lake County, Colorado 

This document summarizes Best Management Practices (BMPs) for Lake 

Comity building pennit applicants to consider when developing property 

within the boundaries of certain operable units ofthe Califomia Gulch 

Superfund Site. Performance of these BMPs is not legally required for your 

building permit to be issued. This is an educational handout intended to 

inform the pubhc regarding suggested procedures to consider that are 

recognized to be the most effective and practical means of addressing lead, 

arsenic and cadmium contamination in soil and preventing its distribution to 

other areas. Utilization of these procedures may minimize the disturbance, 

transfer, inhalation and ingestion of contaminated soils and may serve to 

reduce impacts to human health and to the Arkansas River watershed. 

Introduction 

Lead, arsenic and cadmium occur naturally in soil and water. Some soils are 

naturally high in lead, arsenic and cadmium, but many have been artificially 

emiched through a variety of means, principally industrialization. 

Sources of lead in soil include natural background soil lead, lead-based 

paint, leaded gasoline, air emissions fi'om smelters and mines, mine tailings 

and dust blown fi'om tailings piles, and other various sources. Other 

common sources of lead e?q)osure not related to soil include consumer 

products such as toys, imported candy and other household items. Lead in 

soil may or may not pose a health hazard, depending on several factors, 

including the amount of lead in soil (high or low), the type of lead (metals 

speciation) and the pathway to human exposure. High levels of lead 

exposure can adversely affect human health, however the most vulnerable 

population is preschool age children and pregnant and nursing women. 

Sources of arsenic in soil include natural background soil arsenic, air 

emissions from smelters and mines, mine tailings and dust blown from 

tailings piles, pesticide use and wood preservatives. Arsenic also has many 

May 5, 2009 
beneficial uses but can cause human health problems if exposure is 

sufficient. 

Sources of cadmium include natural background soil cadmium, air emissions 

from smelters and mines, mine tailings and dust blown from mine tailings 

piles and phosphate fertilizers. Exposure to high levels of cadmium can 

adversely affect human health. 

Testing Your Soil 

Applicants for a Lake County building permit may wish to determine 

whether the soil at the location ofthe project for which the pennit is 

requested contains lead, arsenic or cadmium at levels that are deemed high 

by the U.S. Environmental Protection Agency. This is accomplished by soil 

testing through a qualified soil-testing laboratory. If soil lead, arsenic or 

cadmium levels are high, this document provides a recommended course of 

action for both residential and commercial development. 

A review of historical activities at the subject property is one way to 

determine whether you may want to perform further testing. Suspect areas 

for lead, arsenic and cadmium may include property that contains or is near 

mine tailings from current or former mill sites or waste rock from metal 

mines or is within one mile of a former smelter operation. Permit applicants 

may suspect soil lead contamination ifthe property contains an older 

building or other structures once painted with lead-based paints. Pennit 

applicants may also suspect soil lead contamination ifthe property is located 

near roadways or high traffic routes. 

The first step, once you have decided to test your soil, is to locate a soiltesting laboratory to discuss requirements for soil sample size and containers 

before collecting samples. Generally, samples can be taken with a stainless 

steel or non-metallic trowel and placed in a Ziploc bag. Most laboratories 

have suggested soil sampling techniques. 

Soil samples from suspect areas ofthe property or representative areas ofthe 

property may be taken. Particular attention may be paid to garden areas, 

areas of bare soil, distinct play areas for children, etc. 

Soil sampling is not necessary in areas to be covered with asphalt pavement 

(two-inch minimum thickness), concrete, or at least 6 inches of clean soil 
cap, because these types of barriers will assist in preventing any potential 

exposure to humans. 

The U.S. Environmental Protection Agency recommends the following as 

the acceptable range of lead concentration in soil for the Califomia Gulch 

Superfimd Site: 

Residential: Less than 3500 ppm lead 

Commercial: Less than 6700 ppm lead 

Recreational: Less than 16000 ppm lead 

The U.S. Environmental Protection Agency recommends the following as 

the acceptable range of arsenic concentration in soil for the Califomia Gulch 

Superfund Site: 

Residential: 120-340 ppm arsenic 

The U.S. Environmental Protection Agency recommends the following as 

the acceptable range of cadmium concentration in soil for the Califomia 

Gulch Superfund Site: 

Residential: 100 ppm cadmium 

How to Manage Contaminated Soil 

If test results demonstrate that soil lead, arsenic or cadmium exceed the 

above standards, EPA recommends the following methods for managing the 

lead, arsenic or cadmium contaminated soil. 

1. Place a barrier or cap on the contaminated soil by covering with 6 inches 

of clean topsoil, a two-inch asphalt cap or concrete cap, a building or a 

stmcture, install and maintain landscaping (grass or gravel), or restrict 

access. Any method that serves to break the exposure pathway is effective. 

2. Dig up and remove soil containing elevated lead, arsenic or cadmium 

concentrations. Transport the contaminated soil to the designated repository 

location in Lake County. Replace the excavated soil with soil containing 

acceptable lead, arsenic and cadmium levels. Take care not to replace the 

soil with contaminated soil. You can ensure this by testing the replacement 

soil or obtaining proof of testing from the person or entity providing the soil. 

You may also decide to excavate soil and leave it on your property with a 
cap, landscaping or reuse onsite in an acceptable manner as described in #1 

above. 

Disclaimer 

The use of this handout which outlines BMPs for lead in soil in Lake County 

shall not create any liability on the part of Lake County or any officer, agent 

or employee thereof for any claims of any kind alleged to be related to or 

arising from reliance on the contents of this handout. 

Further Information 

Further information regarding lead, arsenic and cadmium in soil can be 

obtained by contacting: 

Colorado Department of Public Health and Environment 

Doug Jamison, Project Manager Remedial Programs 

Hazardous Materids and Waste Management Division 

4300 Cherry Creek Drive South 

Denver, Colorado 80246-1530 

Telephone: 303-692-3404 

The U.S. Environmental Protection Agency 

Rebecca Thomas, Remedial Project Manager 

1595 Wynkoop, EPR-SR 

Denver, Colorado 80202-1129 

Telephone: 303-312-6552 

The Lake County Community Health Program (LCCHP) Phase 2 

The LCCHP Phase 2 program serves as the institutional control for Operable 

Unit 9 ofthe Califomia Gulch Superfimd site. The LCCHP Phase 2 is a 

program operated by Lake County that includes lead educational services, 

blood lead testing for children ages 6 months to 6 years and pregnant 

women, including additional services to children and pregnant women with 

elevated levels of lead in their blood. For more information contact Fran 

Jimenez. Telephone 719-486-4148. 

Colorado Department of Public Health and Environment Stormwater 

Regulations website: 
http://www.cdphe.state.co.us/regulations/wqccregs/index.html 

List of Soil Testing Laboratories 

ACZ Laboratories, Inc. 

2773 Downhill Drive 

Steamboat Springs, CO 80487 

970-879-6590 800-334-5493 

www.acz.com 

Analytica Environmental Laboratories, Inc. 

12189 Pennsylvannia St. 

Thomton, CO 80241 

303-469-8868 800-873-8707 

www.analvticagroup.com 

Colorado Analytical Laboratory 

240 Main St. 

P.O. Drawer 507 

Brighton, CO 80241 

303-659-2313 

www.coloradolab.com 

Evergreen Analytical Inc. 

4036 Youngfield St. 

Wheat Ridge, CO 80033-3862 

303-425-6021 

www.evergreenanalvtical.com 

Sevem-Trent Laboratories 

10703 E.Bethany Dr. 

Aurora, CO 80014 

303-751-1780 

www.stl-inc.com 
7SI7 U 3/3/2009 4:00 PM PatricU BoBer 

1 of 6 CRS RW.OO DJO.OO Lake County Recorder 

PROCEEDING OF THE BOARD OF COUNTY COMMISSIONERS 

COUNTY OF LAKE AND STATE OF COLORADO 

RESOLUTION 2009-HOc7 

A RESOLUTION AMENDING THE LAKE COUNTY LAND DEVELOPMENT 

CODE AND ADOPTINO REGULATIONS CONCERNING INSTITUTIONAL CONTROLS 

FOR OPERABLE UNTTS WTTHIN THE CALIFORNIA GUICH SUPERFUND SITE 

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

CoIoTado (^OBid*^, is vested with administering the af&in of Lake County, Colorado, pursuxmt 

to state sttUutes; and 

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

number 08-41* proposing that the Lake County Land Development Code (LDC) be amended to 

meet tbe requiiements qf &e various Environmental Protection Agency (EPA) Records of 

Decision or Action Memoranda that require institutional controls for the California Gulch 

Superfund Site designed to prevmt contajminnted soils fiom being handled inappropriately, and 

to assist tbe EPA in deleting the California Gulch St^jeifiind 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 estabUsfadng institutiofiial coritioh for tfae California Gulch Siq>crfund Site; and 

WHEREAS, an amendment to the Lake County Land Development Code is necessaiy to 

add standards of review and definitions pertdning to institutional cosbrols for the Califomia 

Gulch St^ierfiind Site; and 

WHEREAS, the Lake County Planning Commission and the. Board of County 

Commissioners held a joint public hearing on this matter on the ^b . day of Jl 3 .2009; 

and 

WHEREAS, the Board of County Commissioners has considered the recommendations 

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

WHEREAS, fte Board of County Commissioners finds tfaat the foregoing amendments to 

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

other provisions ofthe Lake County Comprehensive Plan and the Land Development Code, are 

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

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

County. 

NOW THEREFORE BE IT RESOLVED that: 

Section 1. This Resolution is consistetit with the goals, objectives, policies and otha provisions 

of the Lake County Comprdiennve Plan and Land Development Code. 

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

concepts and other social and economic ccmditions. 

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, which was repealed in its 

entirety by Resolution #08-10, is hereby replaced with: 
35121 4 3/3/2009 4:00 PM Patricia Berger 

2 of 6 CRS RJO.OO DJO.OO IjJce County Recorder 

3 J . Institntioiuil Controb for the CalifornU Gulch Superfund Site 

3.2.1. General Provisions 

A) Purpose. Pursuant to the Comprehensive Environmental Response, 

Compensatloii and Liability Act (CERCLA), 42 U.S.C. 9601 et seq. and the 

National Contingem^ Plan 40 C J JL Part 300, the U.S. Environmental Protection 

Agency (EPA) has selected remedies for tiie various operable units ofthe 

Califomia Guldi Supcr&nd Site (Site) where EPA determined that institutional 

controls are necessary as a supplement to en^eering controls, to manage waste 

left in place, to comply with applicable State laws, and to protect human health 

and the envuoimient. The purpose of these regulations is to establish institutional 

controb to meet the reqimements ofthe various EPA Records of Dedsion or 

Action Memoranda that require institutional controls, to implement requirements 

designed to prevent contaminated soils fiom being handled inaippropriately, and to 

assist EPA in deleting the Site fiom die National Priorities List (NPL). 

B) Authority. These regulations are adopted pursuant to the powers and authority 

conferred by thie laws of &e State of Colorado. 

C) Fbuttng^ The Board of County Commissioners, County of Lake, State of 

Colorado finds tiiat: 

1) These regulations are necessaiy to comply with U.S. Environmental Protection 

Agency requirements fbr institutional controls for the various operable units 

ofthe Califomia Gulch Superfimd Site. 

2) Enactment of these regulations is required by BPA in order to achieve deletion 

ofthe various operable units fiom the National Priorities List (NPL). 

3) Hie implementation of these institutional controls which regulate excavation 

and building activities within certain locations of the California Gulch 

Superfimd Site may Hnimiya the disturbance, transfer, inhalation and 

ingestion of contaminated soils, tiius potentially lessening any risk posed by 

certain portions ofthe Site to the public health and safety. 

D) Definitions. 

1) Califomia Gulch Superfimd Site. Those areas within Lake County consisting 

of {^proximately 18 square miles that are designated as the Califomia Gulch 

Superfund Site by the U.S. Bn^^nmental Protection Agency (EPA) 

pursuant to the Comprehensive Environmental Response, Compensation and 

Liability Act, 42 U.S.C. Section 9601, et seq., as amended. EPA added the 

Califomia Gulch site to tiie National Priorities List in 1983, In 1994. tiie site 

was divided into 12 geographically based areas, also called operable units or 

OUs. 

2) Engineered Remedy. An EPA-i^iproved clean up action tiiat is designed, built 

or managed to address contaminated areas of a Superfimd site. Eng^eered 

remedies must remam intact in order to protect tiie integrity of tiie remedy and 

generally cannot be disturbed or constructed upon. The engineered remedies 

subject to institutional controls for certain operable units of the Califomia 

Gulch Superfimd site will be defined by a map contained in the Lake County 

Bmlding and Land Use Department, Clerk and Recorder's OfGce and the 

Assessor's Office. 

3) Institutional Control (IC). Institutional controls are non-engineered 

instruments, such as administiative and/or legal controls, that help to 

minimize the potential for human exposure to contamination and/or protect 
•4^1214 3/3/2009 4:00 PM ^'^'^^^ l , 

3^„f o 6« ^ CR HS RJ0.010.0O0 D$0.00Lake County Recorder 

the integrity of a remedy by limjtitig land or resource use and/or by providing 

infoimation that helps modify or guide human behavior at a site. 

4) National Priorities list The National Priorities List (NPL) is tiie list of 

hazardous waste sites eligible for long-term remedial action financed under 

the federal Superfimd program. EPA may delete a final NPL site if it 

detemunes that no &rther response is required to protect human health or the 

envunnment Partial deletions may also be conducted at Superfund sites. 

5) Non-Engjneered Remedy. A non-engineered remedy is an EPA-approved 

remedy con^rised of a geographical area of an operable unit that does not 

include an engineered remedy. Non-enguieered remedies can be constructed 

iqion. They may require proper management of potentially contaminated 

materials in order to protect the integrity ofthe remedy and to prevent human 

and environmental exposure. The non-engmeered remedies subject to 

institutional controls fix certain operable units of the California Gulch 

Superfimd site will be defined by a vaap contained in the Lake County 

Building and Land Use Department, Clerk and Recorder's Office and the 

Assessor's 0£Bce. 

6) Operable Unit 3 (0U3). This operable unit is fully described by die EPA 

Record of Deddon for Operable Unit 3, dated May 6,1998. Generally, 0U3 

encompasses several different slag piles and historic nul yards, including the 

Harrison Avenue slag pile and a portion ofthe KCneral Belt Trail. 

7) Operable Unit S (OUS). This operable unit is fiiUy described by tiie EPA 

Record of Deciaon for Operable Utut 8, dated September 2000. GeneraUy, 

0U8 consists oftiie SOO-year floodplain that is located between the Yak 

Water Tiettoeot Plant and the point where tfae gulch esters the Arkansas 

River. Woric on this operable unit was conqilcted in 2002 including removal 

of tailings, non-tesideatial soils and channel stabiliTation. 

E) Variances. These institutional control regulations are exempted fiom the 

variance standards oftiie Lake County Land Develii^ment Code Section 3.21. No 

variances will be peimitted fiom this section oftiie Code. 

3.2J2. Best Maaagement Practices Informational Handout Each appUcant for a 

building permit within the boundaries of operable unit 3 and openible unit 8 of the 

Califomia Gulch Supeifimd Site will be provided with a handout fiom the Lake 

County Building and Land Use Department regarding Best Management Practices 

for managing potentially contaminated soils in Lake County. Each applicant will 

be obli^ted to sign a document attesting to the fact that he/she has received, read 

and understood tfae Lake County Best Management Practices handout No 

building permit will be issued without the applicant's written acknowledgement 

provided to the Lake County Building and Land Use Department 

323 . lostitational Controls 

A) OperaUe Unit 3 of tlu Catifomia Gulch Superfimd Site. 

I) En^eered Remedies. It shall be unlawfiil to erect, constmct, reconstruct, 

alter or modify the foo^jiint of any building, structure or improvements on 

land, including excavation, within an engineered remedy in operable unit 3 of 

the Califomia Gulch Superfund Site without prior notification and approval 

fiom the Colorado Department of Public Health and Environment 

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

Environment is a condition precedent to issuance of a builtting pennit by the 

Lake County Building aod Land Use Dcpaibnent The t^licant must subnut 

a written request for ajiproval to the Colorado Department of Public Health 

and Environment \nth a copy to the Lake County Building and Land Use 

Department, each via certified maiL The Colorado Department of Public 
•j^ll U 3/3/2009 4:00 PM PatriraaBeigtf 

l^Jte CRS R$0.00_D$0.00 _ ^jieCcun^Recorier 

Health and En^^rDnment will provide an initial response within ten (10) days 

of receipt ofthe written request and will use best efforts to coordinate with 

landowners to provide a timely resolution ofthe request Applicants are 

solely responsible for obtaining written approval fiom tfae Colorado 

Department of Public Healtii and Environment 

2) Non-Engmeered Remedies. It shall be unlawfid to excavate and remove any 

earibcn materials including, but not limited to, native dirt, native soil, mine 

waste rock or mine tailings fiom the owned parcel on an EPA non-engineered 

remedy in excess often (10) cubic yards m operable unit 3 of the Califomia 

Gulch Supeifimd Site witiiout prior approval fiom tiie Colorado Department 

of PubUc Health and Environmoit 

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

En^ionment is a condition precedent to issuance of a building pennit by the 

Lake Coun^ Building and Land Use Department The applicant must submit 

a written request for cqjproval to the Colorado Department of PubUc Health 

and Environment with a copy to the Lake Connty Building and Land Use 

Department, each via certified mail. The Colorado Department of Public 

Health and Enviroiunent wiU. provide an initial response within ten (10) days 

of receipt ofthe written request and wiU use best efforts to coordinate with 

landowners to provide a timely resolution ofthe request AppUcants are 

solely responsible for obtuning written approval fiom tfae Colorado 

Department of PubUc Health and En^ronment 

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

Colorado Departmentof PubUc Health and Environment fbr these prohibited 

activities is subject to a civil penalty of One Hundred dollars ($100.00). 

AdditionaUy, the infiaction wiU be reported to the Colorado Department of 

PubUc Health and Eovironinent by letter fix>m the Lake County BuOdmg and 

Land Use Department 

B) Operable Unit 9 ofthe Cal^omia Gideh Si^erfund Site. 

1) Engineered Remedies. It shaU be unlawful to erect, construct, reconstruct, 

alter ot modify the footprint of any building, structme or improvements on 

land, inclu^g excavation, witiiin an engineered remedy in operable unit 8 of 

the Califomia Gulch Superfimd Site ^thout prior notification and approval 

fiom tiie Colorado Department of PubUc Health and Environment 

Written proof of s^iproval from the Colorado Dqiartment 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 BuUding and Land Use 

Department each via certified mail. The Colorado Department of PubUc 

Healtii and Environment will provide an initial response within ten (10) days 

of recdpt ofthe written request and wUl use best efforts to coordinate with 

landownen to provide a timely resolution ofthe request AppUcants are 

solely responsible for obtaining written approval from the Colorado 

Department of PubUc Healtii and Environment 

2) Non-Eagineered Remedies. It shall be unlawfid to excavate and remove any 

earthen materials including, but not limited to, native lUrt, native soU, mine 

waste rock or mine tailings in excess of ten (10) cubic yards fiom an EPA 

nonrcngineered remedy in operable unit 8 ofthe Califomia Gulch Superfund 

Site vnthout prior ^>praval fiom the Colorado Department of Pubfic Health 

and Environment 

Written proof of approval finm the Colorado Department of PubUc Healtii and 

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

Lake County Building and Land Use Department The appUcant must submit 
•JSI 914 3/3/2009 4:00 PM Patricia Bergo 

5of fi CRS RJ0.00 D$0.00 Ldce County Recorder 

a written request for approval to the Colorado Department of PubUc Health 

and Environment with a copy to the Lake County BuUding and Land Use 

Department, each via certified maU, The Colorado Department of PubUc 

Health and Environment will provide an initial response within ten (10) days 

of recdpt oftiie written request and wUl use best efforts to coordinate witii 

landowners to provide a timely resolution ofthe request Applicants are 

solely responsible for obtaining written approval fijom the Colorado 

Department of PubUc Health and Environment 

3) Penalty. Fulure to provide proofofpriot notification and ^jprovalftota the 

Colorado Department of PubUc Health and Environment for these prohibited 

activities is subject to a civil penalty of One Hundred doUars ($100.00). 

AdditionaUy, tiie mfraction wiU be reported to tiie Colorado Department of 

Public Health and Envfionmcnt by letter firom tfae Lake County Building and 

Land Use Department 

Section S. Tbe Lake County Land Development Code Section 8.2 is hereby amended to add the 

fbUowing new sub-section. 8.2.10: 

8 J.10. Removing Surface Materials or Constmcting On an £FA Eng^cered or 

Non-En£^ecred Remedy Witiiout Prior Colorado Department of PnbUc 

Health and Environment Approval 

A) Operable Vttit 3 of the QU^onOaGiddiSiqfafimdSite. To erect construct, 

reconstroct, alter or modify the footprint of any btnlding, structure or 

improvements on land, including excavation, witiiin an EPA engineered remedy 

in operable unit 3 ofthe CaUfomia Gulch Siqierfiind Site without prior approval 

of the Colorado Department of PubUc Health and Environment 

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

soil, mine waste rock or mine tailings fiom the owned parcel of an EPA nonengineered remedy in excess often (10) cubic yards in operable unit 3 ofthe 

Califomia Gulch Stiperfimd Site witiiout prior approval of the Colorado 

Dqiartment of PubUc Health and &iviionment 

B) Operable Unit Sof the Ca^omlaCulehSiipeifund Site. To erect construct 

reconstruct, alter or modify the fooQirint of any buUding, stmcture or 

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

m operable unit 8 ofthe California Gulcih Siqieifimd Site witiiout prior approvd 

ofthe Colorado Department of Public Healtii and Environment 

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

dirt, native soil, mine waste rock or mine tailings fiom the owned parcel of an 

EPA nott-en^eercd remedy in excess often (10) cubic yards in operable unit 8 

of tfae Califomia Gulch Su^Krfund Site without prior ^proval of the Colorado 

Department of PubUc Health and Environment 

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

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

County of Lake, State of Colorado^ at its regular meeting held the ^ day of HHliH L 2009. 

BOARD OF COUNTY COMMISSIONERS 

LAKE COUKTY, CpLORAQl^ 

KmnetiiL. Olsen, 

/t^/<; 

Carl F. Schaefer 
351214 3/3/2009 4:00 PM Patricia Beiger 

6 of 6 CR.S R50.00 O$0.00 Lake County Recorder 

Michael J. Bordo< 

&Wrfe<-yr-^=rATTEST: 

^n?jg^rJ?^<iC 

Patricia A. Berger, Clerk and^ecorder. 

Lake County, Colorado; ss. OTBCIO 

Clerk to tiie Board 

•