Rico Lead Soil Voluntary Clean Up

Colorado created the VOLUNTARY CLEANUP AND REDEVELOPMENT PROGRAM (VCUP) in 1994 to facilitate the cleanup and redevelopment of contaminated properties. The Colorado Department of Public Health & Environment (CDPHE) has overseen over 1,500 VCUP projects throughout Colorado since the program’s inception in 1994. It is a very common way to manage contamination in Colorado.
The Rico Townsite Soils VCUP (Rico VCUP) will continue to protect public health and the environment by reducing exposure to lead soils. As with other VCUPs, CDPHE will oversee the Rico VCUP. The Rico VCUP will provide public health benefits while minimizing disruption.

Under the Rico VCUP, Atlantic Richfield (AR) will conduct soil sampling and analysis; remediate developed lots with elevated lead levels; provide funding, technical assistance, and materials for Town residents to remediate property at the time future development occurs and maintain remediated lots; provide access to a repository for disposal of lead-contaminated soil; and pay for remediation of Town roads with elevated lead levels and associated stormwater diversion.

As part of the Rico VCUP, the Town has incorporated soil management regulations into its Land Use Code that will apply to property owners digging or excavating 1 cubic yard or more of soil on their property. AR will reimburse the additional costs property owners incur to comply with these regulations. Reimbursement amounts will be determined prior to the start of the program and are referred to as “incremental costs.” If your property requires cleanup under the VCUP, when the cleanup work is finished, you will receive a no further action (NFA) determination from CDPHE confirming that no additional remediation is needed to protect human health and the environment.

The Rico VCUP will proceed in three phases. In Phase I, AR will conduct soil sampling and analysis at previously unsampled properties. AR will remediate all developed properties where Phase I or other prior testing confirms that lead concentrations exceed the CDPHE-approved lead action level. AR will also work with property owners and the Town to obtain NFAs from CDPHE for remediated properties. If property owners refuse access to AR, those properties will not be sampled or remediated during this phase. Phase I will also include remediation of road segments that contain elevated levels of lead and construction of drainage features needed to maintain road remediation. The lead action level (761 mg lead/kg soil) for road segments will be the same as the lead action level used for residential and commercial properties in Town.
 

Phase II will start at the same time as Phase I. In Phase II, an AR contractor will help property owners comply with the soil management regulations during initial development of un-remediated properties and soil-disturbing activities on developed properties (remediated and un-remediated). Phase II will continue for 3 years after completion of Phase I or until 15 previously undeveloped properties are remediated, whichever is later.
 

In Phase III, the Town will oversee the contractor helping property owners comply with the soil management regulations, with continued funding provided by AR.
 

Throughout the VCUP, AR will provide: access to a repository for disposal of soil with lead concentrations exceeding the action level; assistance and materials (including clean soil) for compliance with the soil management regulations; and payment of incremental

As part of the Rico Townsite Soils Voluntary Cleanup and Redevelopment Program (Rico VCUP), the Town has adopted Soil Management Regulations that require certain steps when excavating 1 cubic yard or more of soil. Technical assistance, materials, and reimbursement will be provided by Atlantic Richfield (AR). These regulations are a key part of the Rico VCUP, because they will ensure that remediated property stays clean.

The Soil Management Regulations are a part of the Rico Land Use Code and will apply to everyone in Town digging or excavating 1 cubic yard or more of soil. There are exceptions for activities such as installation of fences and porches, soil testing for new septic tanks, emergency situations, such as broken water lines, and developments on properties where prior testing confirmed that lead concentrations are below the action level.

Yes, AR will provide funding to the Town to reimburse Rico property owners for the costs of complying with these regulations. Reimbursement will be determined according to a set schedule, that adjusts for inflation, and will generally be a set dollar amount per cubic yard of soil. This will keep reimbursement equitable and simple to calculate.

Property owners and developers will have to obtain a permit per the Rico Soils Management Program (which will be created as part of the Rico VCUP) before any digging or excavation activity that will disturb 1 cubic yard or more of soil.
If the property was not previously remediated, and soil sampling data shows lead levels below the lead action level (as approved by the Colorado Department of Public Health & Environment (CDPHE)), the property owner will receive a confirmation from the Rico Soils Management Program that no remediation is required and no permit application needs to be submitted. If soil sampling data shows lead levels above the lead action level, the property owner will need to remove the top 12 inches of soil and transport it to AR’s lead soil repository north of Town or, during certain periods of VCUP work, a lead soil repository at the Columbia Tailings Site. A fabric marker and 12 inches of clean soil will be placed in the excavation area that remains exposed once developed. State and federal agencies have determined that a 12-inch layer of clean soil provides adequate protection from lead left in soils below that depth. The Rico Soils Management Program (funded by AR) will provide these materials and technical assistance.If the property was previously remediated and already has a fabric marker and 12 inches of clean soil, the property owner/developer may (1) dig or excavate within the clean soil layer and not disturb the fabric marker; or (2) remove and stockpile the clean soil layer, conduct the digging or excavation, and replace the fabric marker and the stockpiled soil.
Disposal of soil at the repository locations will be limited to soil (excluding large rocks and other debris) that cannot be returned to an excavation and that contains lead concentrations exceeding the lead action level. However, excavated soil less than 3 cubic yards in volume and soil removed to make space for the 12-inch clean soil layer may also be disposed of at the repository locations.

Yes. For currently developed properties with elevated lead in the soil, AR’s contractor will complete the remediation with consent of the property owner, at no cost to the property owner.

Yes, as part of the Rico VCUP, the Town will hire a contractor to remediate the portion of Town roads and alleys where the road surface material contains lead that exceeds the CDPHE-approved lead action level. The lead action level for Town roads and alleys will be the same as the lead action level used for residential and commercial properties in Town (761 mg lead/kg soil). AR will fund this remediation, including the cost of stormwater management needed to protect the remediated areas.