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Home My WebLink About14272RESOLUTION NO. 14272 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO PALMETTO ENVIRONMENTAL GROUP, LLC FOR THE INSTALLATION OF SOIL AND GROUNDWATER MONITORING WELLS IN THE NORTH TH ELIZABETH STREET AND WEST 28 STREET RIGHT-OF-WAY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Palmetto Environmental Group, LLC for the installation of groundwater monitoring wells within the North Elizabeth Street th and West 28 Street right-of-way adjacent to the property at 2801 North Elizabeth Street. SECTION 2. The use of the public right-of-way granted hereby is subject to all limitations, terms, and conditions set forth in the attached Revocable Permit. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 4. The City Clerk is directed to cause said Revocable Permit to be forthwith recorded in the office of the Pueblo County Clerk and Recorder SECTION 5. This Resolution shall become effective immediately upon passage and approval. INTRODUCED August 26, 2019 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-2 Background Paper for Proposed Resolution COUNCIL MEETING DATE: August 26, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Dan Centa, P.E., Acting Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO PALMETTO ENVIRONMENTAL GROUP, LLC FOR THE INSTALLATION OF SOIL AND GROUNDWATER MONITORING WELLS IN THE NORTH TH ELIZABETH STREET AND WEST 28 STREET RIGHT-OF-WAY SUMMARY: Attached is an application for a revocable permit submitted by Palmetto Environmental Group, LLC for groundwater monitoring wells. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Palmetto Environmental Group, LLC, on behalf of the Colorado Department of Labor and Employment, Division of Oil and Public Safety (CDLE, OPS), is requesting the use of the North th Elizabeth Street and West 28 Street right-of-way, adjacent to 2801 North Elizabeth to install groundwater monitoring wells. The monitoring wells are needed to define the extent of the st groundwater contamination plume sourcing from the 1 Stop/Alta Convenience Store #3106 gas station. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will prevent remediation of impacted soil and groundwater. RECOMMENDATION : Approval of the Resolution. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Plat rc : Renolution 14272 REVOCABLE PERMIT Pursuant to the authority granted by Section 16-9 of the Charter of Pueblo, a Municipal Corporation, (the "City"), the City Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the provisions herein contained and the Permittee's compliance therewith: 1. Name,Address and Telephone Number of Permittee: Palmetto Environmental Group,LLC,4995 York Street, Denver,CO 80216,(303)825-8117 2. Permitted Area: N. Elizabeth Street and W. 28'Street ROW adjacent to 2801 N. Elizabeth Street 3. Purpose of Revocable Permit: Instillation of 2 groundwater monitoring wells 4. Authorized Improvements: Concrete cut and replaced with steel flush mount level with ground surface 5. Commencement Date: August 16,2019 Time: N/A 6. Ending Date: Indefinite Time: N/A PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED REVOCABLE PERMIT(THE "PERMIT")REPRESENTS, WARRANTS AND AGREES: (a) The Permitted Area shall be used for the above-specified Purpose of Revocable Permit. No use of the Permitted Area shall be made before the time of the Commencement Date. (b) All structures,fences,tables,chairs, equipment or other improvements authorized to be placed in the Permitted Area by Permittee (the "Improvements") shall be constructed, installed, and maintained by Permittee in compliance with all applicable codes, ordinances, rules and regulations of City and this Permit. (c) If the Revocable Permit is issued for a sidewalk café,the Permittee and sidewalk café shall be subject to all the provisions,conditions and requirements contained in section 9-10-84 of the Pueblo Municipal Code,or as same may be amended,which are incorporated herein by reference. In addition,no Improvement shall be tied-down or chained to any tree within or adjacent to the Permitted Area nor shall any Improvement be installed or located in such a manner as to hinder or interfere with the opening of motor vehicle doors or passenger movement to and from motor vehicles parked adjacent to or near the Permitted Area. (d) If this Permit is issued for the use of the public right-of-way for a special event, Permittee shall deposit with the City the sum of $500.00("Deposit"). The Deposit will be forfeited to the City if Permittee does not remove all Permittee's equipment and property from, and clean and restore the Permitted Area to its original condition before the Time of the Ending Date. If so timely removed and cleaned, the Deposit will be returned to Permittee. (e) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee shall, at Permittee's expense,remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition. Failure to timely remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the Permittee's Improvements, and City may, at Permittee's expense, remove and dispose of Permittee's Improvements and clean and restore the Permitted Area to its original condition. Permittee agrees to pay all City's costs and expenses, including reasonable attorney fees,incurred in the enforcement of this Permit. (f) Permittee shall keep all Improvements and Permitted Area in good,clean and safe condition and repair, free from litter,waste and debris. (g) Permittee shall indemnify, defend and hold City, its officers, agents and employees harmless from and against any and all suits, claims, liabilities, loss,damages and expenses,including reasonable attorney fees and cost of defense,arising,directly or indirectly, from or caused by the issuance of this Permit or the conditions hereof, or the existence,construction, installation, repair or maintenance of the Improvements in the Permitted Area, or the use of the Permitted Area or Improvements by Permittee, its officers, agents, employees, invitees or general public. (h) Neither this Permit nor any of the privileges granted to Permittee hereby, may be conveyed, assigned, transferred or sublet by Permittee without the prior written consent of the City Council of City. Any attempted conveyance,assignment,transfer or subletting of the Permit or Permitted Area without the written consent of the City Council of Pueblo shall be void and of no effect and shall cause this Permit to be automatically revoked. 2152 2134 09/12/2019 03:47:46 PM Page: 1 of 2 cd 18.00 CA 6/7/17 Gilbert Ortiz Clerkk/Reor . Pueblo County, Co F1RJI4tLIVI7IT1' Y 111111 2152134 09/12/2019 03:47:46 PM Page: 2 of 2 R 18.00 D 0.00 T 18.00 Gilbert Ortiz Clerk/Recorder. Pueblo County, Co •III kridAF1 ti 11111 (i) Pennittee shall keep and maintain commercial general liability insurance covering the Permitted Area and Improvements in amounts not less than$1,000,000.00 combined single limits per occurrence and aggregate, naming the City as an additional insured and contain a waiver of rights of subrogation against City. A certificate for such insurance and each renewal thereof shall be delivered to the City. Failure to maintain such insurance shall cause this Permit to be automatically revoked. (j) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of Parks and Recreation. (k) Any notice or other document required or permitted herein shall be in writing and delivered personally or by first class mail, postage prepaid,as follows: (i) If to Permittee,at the address shown in paragraph 1 above. (ii) If to City, I City Hall Place,Pueblo,Colorado,81003,Attention: Revocable Permit Review Committee. Each party reserves the right to change its address provided notice of such change is given in accordance with this paragraph(k). (I) City reserves and is hereby granted by Permittee access to,under and through the Permitted Area for any and all purposes. City may injure, damage or remove any and all Permittee's Improvements in the Permitted Area in exercising the right of access hereby reserved and granted. Permittee assumes the risk of injury, loss and damage to Permittee's Improvements within the Permitted area,and City shall have no responsibility or liability for any damage or injuries thereto, whatsoever the cause, including, but not limited to,the acts or omissions of City,its officers,employees,or agents. (m) This Permit shall terminate upon the occurrence of any one of the following events: (i) the Time of the Ending Date, (ii) abandonment or non-use by Permittee for a period of three(3)consecutive months,(iii)surrender or cancellation of the Permit in writing by Permittee, (iv) automatic revocation as provided in paragraphs (h) and (i) above; or(v) revocation or termination of this Permit by resolution of the City Council of City. The termination of this Permit shall not relieve Permittee from Permittee's obligations under paragraph(f)until the Authorized Improvements have been removed by Permittee in compliance with paragraph(e). (n) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by resolution of the City Council of City,in its sole discretion,for any reason or no reason, at anytime, without liability to City,and without notice to or hearing by Permittee. Permittee waives any and all right or claim to such notice,hearing,and liability of the City. }h Signed in Paebie,Colorado this day of Du L71 20 Deno,- PERMIT iE: Organization: f:-.1.10 L(.41 h jr, "1444 €r e- By: .P/i/7168.- / Title: ee(a 1 STATE OF COLORADO ) COUNTY OF PUEBLO )ss.. The fore.• •• g u-I was acknowledged before me the day of Sit� 20 a by MIC --/At, . TCHLEY as are)e-}- "A «cast.- • My con ission OF '•A„:;;/ a.,• o rhe �•� [ SEAL GOMMISS”ESS FUNNY 7 .' 7W,. Notary Public APPROVED this ` day of Au y,,t S /" ,20 J 9 . / PUEBLO, a Municipal Corporation By Nichol A. Gradisar,May CA—6/7/17 I / 2817 N ELIZABETH ST / / r / r ,- i i r r i gi /I / / r . i i 2815 WEST ST MW-0150 W�-01 I ASPHALT PAVING I i / ASPHALT II I o�, 1 !2801 N.ELIZABETH PAVING I BUILDING 1 Z O x I --I I . > r ❑ Ii v/. M 06 ix 1 DISPENSER m 1 CANOPY n I r----� 0 73 (7 m I m m 1]: - _ N 613 W 28TH STREET i -J r III ❑ I , D I il ORMER 2,550-GALLON • I' KEROSENE UST . ' I g, 7 'I. -A__..666.2. -.. D <S 0 D MW 0 6 -< i Qff.0.2 to I., ��.__ ST PIT MW-04 • 1 L J --- MW-03 - - - -- / / CONCRETE SIDEWALK WEST 28TH STREET LEGEND: N So MW-01 GROUNDWATER MONITORING WELL • PROPOSED MONITORING WELL LOCATION —---- PROPERTY BOUNDARY BENZENE ISOCONCENTRATION CONTOURS 15' 0' 30' 45' ❑ 1.0 mg/L — El0.1 mg/L SCALE IN FEET 0 0.005 mg/L 1 I I I ' V '..1 1 ' I,,.A )' V I t CREATED BY:B.GOLDADE FIGURE 1 1ST STOP#3106 CITY OF PUEBLO ROW 2801 N.ELIZABETH ST. CREATION DATE:06/27/19 PUEBLO, COLORADO 81003 PROPOSED SOIL BORING , }j, ,i ); ` - REVISION DATE:07/18/19 LOCATION FIGURE 4,Ad PALMETTO ENVIRONMENTAL GROUP, LLC July 18,2019 The City of Pueblo,a Municipal Corporation Revocable Permit Review Committee&Mr.Michael Barela 350 Alan Hamel Ave Pueblo,CO 81003 RE: Letter of Intent for a Revocable Permit To Install Groundwater Monitoring Wells in City of Pueblo Right of Way N Elizabeth Street and W 28th Street, directly east and south of 2801 Elizabeth Street, respectively. Revocable Permit Review Committee&Mr.Michael Barela, Palmetto Environmental Group, L.L.C. (Palmetto), on behalf of Colorado Department of Labor and Employment, Division of Oil and Public Safety (CDLE, OPS), is requesting to install two groundwater monitoring wells in the City of Pueblo Right of Way. One groundwater monitoring well is proposed to be located directly east of the 2801 North Elizabeth Street property,between the sidewalk and North Elizabeth Street. This well will be placed approximately three feet west of the North Elizabeth Street curb. The second groundwater monitoring well is proposed to be located directly south of the 2801 North Elizabeth Street property,north of the sidewalk and West 28th Street. This well will be placed approximately one foot north of the sidewalk. These wells would be located directly downgradient and crossgradient of the 1" Stop/Alta Convenience Store#3106 gas station. In order to define the extents of the groundwater contamination plume sourcing from the 1" Stop/Alta Convenience Store #3106 gas station, Palmetto will need to install additional groundwater monitoring wells. The attached Figure 1 details the proposed locations of the monitoring wells in relation North Elizabeth Street and West 28th Street. This figure details the site, surrounding properties, existing groundwater monitoring wells and estimated contamination plume. Figure 2 provides the projected mobile drilling rig orientation in comparison to the proposed groundwater monitoring well locations. The drilling rig should not impact or extend into North Elizabeth Street or West 28th Street. Palmetto therefore believes no traffic control plans are warranted,unless the City of Pueblo requests one. Prior to any activities the Utility Notification Center of Colorado (UNCC)will be contacted and subsurface utilities will be marked. Prior to any drilling activities potholing will be conducted to provide utility clearance to a depth of 5 feet below ground surface. Palmetto will be using Geologic Services & Consultants (GSC) as the drilling contractor to complete drilling activities. GSC has a contractor's license through the City of Pueblo designated as license number 17476. During drilling activities Palmetto and its subcontractor will advance a borehole approximately 15 feet in depth and collect soil and groundwater samples. Following sampling activities the monitoring wells shall be completed with 2 inch PVC piping and an 8-inch diameter traffic rated manhole cover encased in concrete level with the surrounding ground surface (see Figure 3 for groundwater well design). Groundwater monitoring wells will be set in place utilizing a flush mount and concrete. Following groundwater monitoring well installation, the well will be accessed quarterly to monitoring groundwater impacts. (303)825-8117 0 fax(303) 534-5049 ° 4995 York Street 0 Denver, Colorado 80216 July 18,2019 Revocable Permit Application Page 2 of 2 Once this groundwater monitoring and remediation project receives a No Further Action(NFA)Letter from the CDLE, OPS, the monitoring wells will be abandoned following guidelines from the Colorado Division of Water Resources, Code of Colorado Regulations (CCR) 402-2, Rule 16.3 using clean silica sand and hydrated bentonite grout. The flush mount will be broken out and the permitted area will be restored to its original condition. Palmetto has attached the Site Characterization Report Request letter from the CDLE, OPS and Certificate of Liability Insurance for both Palmetto and GSC. If you have any questions or require any further information regarding this Letter of Intent for a Revocable Permit Application,please feel free to contact me at(303) 825-8117. Sincerely, Palmetto Environmental Group,L.L.C. 7617r_ r , , Bryce Goldade Project Geologist Attachments Cc: Ms.Jennifer Straus—CDLE,OPS File (303)825-8117 0 fax(303) 534-5049 0 4995 York Street ° Denver, Colorado 80216