HomeMy WebLinkAbout12401Reception 1916484
08/20/2012 02:30:23 PM
RESOLUTION NO. 12401
A RESOLUTION GRANTING AN ENVIRONMENTAL COVENANT
TO THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT WITH RESPECT TO THE LAKE MINNEQUA
PROPERTY
WHEREAS, the City is the owner of certain real property commonly referred to as the
"Slag Area" located near Lakeshore Drive, Pueblo, Colorado; and
WHEREAS, based upon the voluntary cleanup application submitted on behalf of the
City for the Slag Area, Site ID RV090317 -1 and related and subsequent reports and documents
( "Reports "), the Colorado Department of Public Health and Environment ( "Department ")
approved the voluntary cleanup plan and has now determined that the cleanup plan has been
completed. No further action is required to assure that the Property, when used for the
purposes identified in the voluntary cleanup plan, to wit: open space and playgrounds, is
protective of existing and proposed uses and does not pose an unacceptable risk to human
health and the environment; and
WHEREAS, the purpose of this Covenant is to ensure protection of human health and
the environment by limiting the use of the Property to minimize any potential for humans
ingesting or having dermal contact with unsafe quantities of steel mill slag which has been
capped beneath the surface of the Property in accordance with the cleanup plan; and
WHEREAS, based upon the Department's review of available information and the
Reports and subject to the limitation imposed by this Covenant, the Department has determined
that corrective action has been completed and that contamination of the Property has been
adequately controlled and will not present an unacceptable risk to human health and
environment, based upon existing and potential future land use; and
WHEREAS, the presence of the steel mill slag is not the result of any apparent activities
of the City at the Property, but the City, as owner and wishing to remediate and rehabilitate the
Property, agrees to subjecting the Property to this Covenant.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Environmental Covenant with respect to the Lake Minnequa Property, a copy of
which is attached hereto and having been approved as to form by the City Attorney, is hereby
approved. The President of the City Council is authorized to execute the Environmental
Covenant in the name of the City. After acceptance and execution of the Environmental
Covenant by the Colorado Department of Public Health and Environment, the City Clerk is
directed to file the Environmental Covenant with the County Clerk and Recorder, County of
Pueblo, State of Colorado.
INTRODUCED: MAY 14, 2012
BY Sandy Daff
CO LPERS•
APPROVED: 4f
PRE 'A E OF ITY COUNCIL
ATTESTED BY:
CITY CLERK
Background Paper for Proposed
RESOLUTION
DATE: MAY 14, 2012 AGENDA ITEM # M-12
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
A RESOLUTION GRANTING AN ENVIRONMENTAL COVENANT TO THE COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WITH RESPECT TO THE
LAKE MINNEQUA PROPERTY
ISSUE
Should City Council approve a Resolution granting an environmental covenant to the
Colorado Department of Public Health and Environment with respect to the Lake Minnequa
property?
RECOMMENDATION
Approve the Resolution.
BACKGROUND
The City submitted a voluntary cleanup application to the Colorado Department of Public
Health and Environment (“CDPHE”) for the 1.83-acre “Slag Area” located west of Lakeshore
Drive on property the City acquired from CF&I Steel, L.P., a Delaware Limited Partnership
for the Lake Minnequa Park and Open Space Project. CDPHE approved the voluntary
cleanup plan and has now determined that the cleanup has been completed in accordance
with the approved plan. No further action is required provided the property continues to be
utilized as a public park and open space area.
A condition of the voluntary cleanup approval is for the City to grant a covenant to the
CDPHE to ensure protection of human health and the environment by limiting the use of the
property to minimize any potential for humans ingesting or having dermal contact with
unsafe quantities of the steel mill slag which has been capped beneath the surface of the
property.
The covenant clarifies that the presence of the steel mill slag is not the result of any
activities of the City at the property, but the City, as owner and wishing to remediate and
rehabilitate the property, agrees to subject the property to the environmental covenant.
FINANCIAL IMPACT
Provided that no change in use of the park and open space area occurs, this environmental
covenant will not result in any financial impacts to the City.
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Gilbert Ort Clerk /Recorder, Pueblo County, w! Co
P 'i I+ +P�iiiciii I P� I J I � ��'� 11 111
This property is subject to an Environmental Covenant held by the
Colorado Department of Public Health and Environment pursuant
to section 25 -15 -321, C.R.S
ENVIRONMENTAL COVENANT
Pueblo, a Municipal Corporation ( "City ") grants an Environmental Covenant
( "Covenant ") this 14thday of May , 2012 to the State of Colorado for the use
and benefit of the Hazardous Materials and Waste Management Division of the Colorado
Department of Public Health and Environment ( "the Department ") pursuant to C.R.S. 25 -15 -321
of the Colorado Hazardous Waste Act, C.R.S. 25 -15 -101, et seq. The Department's address is
4300 Cherry Creek Drive South, Denver, Colorado 80246 -1530.
WHEREAS, City is the owner of certain real property commonly referred to as the "Slag
Area ", located near Lakeshore Drive, Pueblo, Colorado, and more particularly described in
Exhibit A attached hereto and incorporated herein by reference as though fully set forth
(hereinafter referred to as "the Property "); and
WHEREAS, based upon the voluntary cleanup application dated March 16, 2009,
submitted on behalf of the City for the Slag Area, Site ID RV090317 -1, the Department had
approved the voluntary cleanup plan, and has now determined that the cleanup plan has been
completed and that no further action is required to assure that the Property, when used for the
purposes identified in the voluntary cleanup plan, to wit: open space and playgrounds, is
protective of existing and proposed uses and does not pose an unacceptable risk to human health
and the environment; and
WHEREAS, the VCUP response resulted in the addition of a notification barrier above
the slag materials, the placement of a 30 inch layer of uncontaminated fill material and ground
vegetation that must be maintained and operated in order for the VCUP to perform as intended
since slag areas that contain high levels of metals were capped and potential asbestos
contaminated areas near the former boy scout camp were remediated; and
WHEREAS, the purpose of this Covenant is to ensure protection of human health and the
environment by limiting the use of the Property to minimize the potential for humans ingesting or
having dermal contact with unsafe quantities of steel mill slag which has been capped beneath
the surface of the Property in accordance with the cleanup plan; and
WHEREAS, based upon the Department's review of available information and the
Reports and subject to the limitation imposed by this Covenant, the Department has determined
that remedial action has been completed and that contamination on the Property will not present
an unacceptable risk to human health and environment, based upon the Slag Area being
developed as a natural park area within a public recreation area as set forth in the VCUP
application.
AMINIAMM
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
1111 !�''� a IV I 144 ®I 111
WHEREAS, the presence of the steel mill slag is not the result of any apparent activities
of the City at the Property, but the City, as owner and wishing to maintain the protective
condition of the property in accordance with work done pursuant to the VCUP and maintain
beneficial use of the Property, agrees to subject the Property to this Covenant.
WHEREAS, City desires to subject the Property to certain covenants and restrictions as
provided in Article 15 of Title 25, Colorado Revised Statutes, which covenants and restrictions
shall burden the Property and bind City and all parties now or subsequently having any right, title
or interest in the Property, or any part thereof, and any persons using the land, as described
herein, for the benefit of the Department and OWNER.
NOW THEREFORE, City hereby grants this Environmental Covenant to the Department,
and declares that the Property as described in Exhibit A shall hereinafter be bound by, held, sold,
and conveyed subject to the following requirements set forth in paragraphs 1 through 11, below,
which shall run with the Property in perpetuity and be binding on City and all parties having any
right, title or interest in the Property, or any part thereof, their successors and assigns, and any
persons using the land. As used in this Environmental Covenant, the term OWNER means the
then current record owner of the Property and, if any, any other person or entity otherwise legally
authorized to make decisions regarding the transfer of the Property or placement of
encumbrances on the Property, other than by the exercise of eminent domain.
1. Use restrictions The Property shall be subject to the following restrictions:
(a) Construction of Buildings and Other Structures. The construction of any building,
structure or other improvement, except the open space park facilities thereafter
constructed in accordance with Paragraph 2 below, is prohibited.
(b) Uses and Improvements. Under no circumstances shall the following kinds of uses
or improvement be developed on the Property: commercial, industrial or residential
structures, helicopter pads, shooting ranges, golf courses or ranges, athletic fields,
tennis courts, race tracks or airstrips.
(c) There shall be no excavation of soils and /or taking of activities that reduces the
thickness of the existing clean fill cap installed pursuant to the VCUP response
action.
(d) There shall be no excavation into the slag materials or any actions taken that in any
way allow exposure of the buried slag materials under the clean fill cap installed
pursuant to the VCUP response action, except the open space park facilities
hereafter constructed in accordance with Paragraph 2 below.
2. Affirmative Uses and Requirements: The following open space park facilities may be
constructed on the Property:
(a) A park pavilion shelter, playgrounds and open lawn areas with underground
• 1916484 RES 08/20/2012 02:30:23 PM
Gii bert 4 Or r tiz 9 C 1erk,Recorder0 Pueblo Co
®III In MilliFIRICSILVI I11 11 111
irrigation equipment installed within the capped cover area above the slag.
(b) A recreational trail constructed with crusher fine, concrete or asphalt surfacing or a
combination of those surface materials.
(c) The park pavilion shelter and playground equipment shall be constructed with on-
grade slabs that do not penetrate into the slag material.
(d) The City shall annually inspect and monitor the Property to assure that the 30 inch
cap of uncontaminated fill and vegetation remains in place over the slag material.
3. Modifications This Covenant runs with the land and is perpetual, unless modified or
terminated pursuant to this paragraph. Owner or its successors and assigns may request that the
Department approve a modification or termination of the Covenant, which approval shall not be
unreasonably withheld. The request shall contain information showing that the proposed
modification or termination shall, if implemented, ensure protection of human health and the
environment. The Department shall review any submitted information, and may request
additional information. If the Department determines that the proposal to modify or terminate
the Covenant will reasonably protect human health and the environment, it shall approve the
proposal. No modification or termination of this Covenant shall be effective unless the
Department has approved such modification or termination in writing. Information to support a
request for modification or termination may include one or more of the following:
(a) a proposal to perform additional remedial work;
(b) new information regarding the risks posed by the residual contamination;
(c) information demonstrating that residual contamination has diminished following
the installation, operation and maintenance of the layer of uncontaminated fill
material and ground vegetation;
(d) information demonstrating that the proposed modification would not adversely
impact the remedy and is protective of human health and the environment;
(e) information demonstrating that an engineered feature or structure is no longer
necessary;
(0 other appropriate supporting information.
4. Conveyances Owner shall notify the Department at least fifteen (15) days in advance of
any proposed grant, transfer or conveyance of any interest in any or all of the Property.
5. Incorporation of Covenant Owner agrees to incorporate either in full or by reference the
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restrictions of this Covenant in any leases, licenses, or other instruments granting a right to use
the Property.
6. Notification for proposed construction and land use Owner shall notify the Department
simultaneously when submitting any application to a local government for a building permit or
change in land use.
7. Inspections The Department shall have the right of entry to the Property at reasonable
times with prior notice for the purpose of determining compliance with the terms of this
Covenant. Nothing in this Covenant shall impair any other authority the Department may
otherwise have to enter and inspect the Property.
8. No liability The Department does not acquire any liability under State law by virtue of
accepting this Covenant.
9. Enforcement The Department may enforce the terms of this Covenant pursuant to
Section 25 -15 -322, C.R.S. City may file suit in district court to enjoin actual or threatened
violations of this Covenant.
10. Notices Any document or communication required under this Covenant shall be sent or
directed to:
Hazardous Waste Corrective Action Unit Leader
Hazardous Materials and Waste Management Leader
Colorado Department of Public Health and the Environment
4300 Cherry Creek Drive South
Denver, Colorado 80246 -1530
11. Owner's Compliance Certification OWNER shall execute and return a certification form
provided by the Department, on an annual basis, detailing OWNER's compliance, and any lack of
compliance, with the terms of this Covenant.
City has caused this instrument to be executed this 14th day of May , 2012.
Pueblo, a 0 nicipal 'orpo .tion
By ,4/4 _ '' � ° -to
Press. � t o the Pity Council , c�` ,
ATTEST: Jt
•
��111�11�`hIIIh �ti °
By:
City lerkQ
• 19 RES 08/20/2012 02:30:23 PM
Galbert z 9 C lerk /Re c r0.00 6:1. n rIw Co
Pueb l 4U�o�41110 11111
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instr ment was acknowledged before me this /UJ# ay of
2012 by CVNvi S •<,aufryictvi as President of the City Council of Pueblo, a Mu icipal
Corporation.
LORENE BRAVO -NEFF ' /
NOTARY PUBLIC nab nary Public
• • •� / �/
N
STATE OF COLORADO Address: S Main eouv+rai Z
r
My c expires: I A_ QI -2015 u ebl() 1 , Co' g i 003
Accepted by the Colorado Department of Public Health and Environment this 20
day of , 2012.
By: / 4r --
Title: ,; �, r a/ �/
STATE OF COLORADO )
) ss.
COUNTY OF O`E,v )
The foregoing instrument was acknowledged before me this day of J on ,
2012 by i i) � f f as 0 1 1Q F c v r? t -trr w �Nv,/ of the
Colorado 'Department of Pu is Health and Environment.
1 l er _ nr\- _
Notary Public
Address: _ Y i1.. 62 - 122 - L6
My commission expires: ()c t,V or a) + DLit Z2)1 jw111 2
Approved and consented to by the Grantee of that certain Conservation Easement .
recorded in the Records of Pueblo County on January 25, 2010 at Reception number 1831096,
this day of �'1 /�/ , 2012."
•
LOWER ARKANSAS VALLEY WATER
CONSERVANCY DISTRICT
[SEAL]
• ( e By egg: .
•
and Chairman
Attest:
Bo. � Secretary
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Gi lbert rtiz of C lerk / 51 Recorder 00 , Pueblo County, Co
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Gilber Ortiz Clerk /Recorder, Pueblo County, Co
1111 r AllnitklikVilni 11111
EXHIBIT BIIT A
SLAG AREA
LAND DESCRIPTION
A parcel of land located in a portion of the NE VI of Section 14, 'Township 21 South, Range 65
West of the 6' P.M. in the County of Pueblo and State of Colorado, and being more particularly
described as follows:
Considering a line between NOS point Abriendo and the Point of Beginning to bear S.
31 °03'45" W., and all bearings contained herein to be relative thereto.
Commencing at NOS point Abriendo; thence S. 31 °03'45" W.. a distance of 1014 1.64 feet to the
Point of Beginning; thence S. 02 °11'39" E., a distance of 40.48 feet; thence S. 00 °58'37" E., a
distance of 115.02 feet; thence S. 03 °25'23" E., a distance of 141.66 feet; thence S. 01 °31'37"
W., a distance of 30.85 feet; thence; S. 71 °33'33" W., a distance of 35.14 feet; thence N.
86 °13'51" W., a distance of 16.19 feet; thence S. 72°11'15" W., a distance of 25.61 feet; thence
S. 44°27'12" W., a distance of 20.58 feet; thence S. 53°11'39" W., a distance of 20.01 feet;
thence S. 75 °17'20" W., a distance of 19.32 feet; thence N. 74 °48'35" W., a distance of 26.73
feet; thence N. 49 °38'32" W., a distance of 30.57 feet; thence N. 52 °36'06" W., a distance of
36.75 feet; thence N. 44 °34' 10" W., a distance of 27.81 feet; thence N. 53 °47'59" W., a distance
of 24.69 feet; thence N. 06 °22'07" E, a distance of 136.76 feet; thence N. 02 °16'50" E., a
distance of 121.40 feet; thence N. 02 °45'21" W., a distance of 40.19 feet; thence S. 84 °16'52"
E., a distance of 44.86 feet; thence S. 88 °09'34" E., a distance of 36.31 feet; thence N. 49 °58'32"
E., a distance of 30.54 feet; thence N. 76°28'16" E., a distance of 40.84 feet; thence S. 82 °40'49"
E., a distance of 42.92 feet; thence S. 48 °50'21" E., a distance of 33.11 feet to the Point of
Beginning.
Containing I.83 acres, more or less.
f, David M. Stravia, being a licensed Land Surveyor in the State of Colorado, do hereby state
that this land description and exhibit, being made a part hereof, were prepared under my
responsible charge and are accurate to the best of my knowledge, information and belief.
/ 41�/, . S ST S °
David M. Stravia • ��� *
Colorado P.L.S. 12933 W 12933.
NorthStar Engineering and Surveying, Inc. t q � -bn O '.
September 9, 2010 v v- 44 ' SUa40 O
JN 0400905 lF OF C0 \-0 •
Page 1 of 2
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Gilbert Ortiz Clerk /Recorder, Pueblo County Co
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