VCUP agreements completion planned for early 2023

Speakers at Town of Rico’s September 29, 2022 Voluntary Clean Up Program presentation held at Town Hall and broadcast via video-conference, left to right:

- Kristy Richardson - State toxicologist
- Mark Rudolph - Superfund/Brownfields project manager at Colorado Department of Public Health & Environment (CDPHE)
- Tom Bloomfield - attorney representing Town of Rico in VCUP negotiations
- Two U.S. Environmental Protection Agency (EPA) representatives
- Rico Mayor Nicole Pieterse

Image: Town of Rico VCUP presentation
September 29, 2022

In this report

1) Where are we now?
2) Steps to make VCUP effective
3) Additional benefits Atlantic Richfield will provide to Town of Rico
4) Advantages of VCUP Program
5) VCUP Program Phases Summary

1) Where are we now?

VCUP application

• Town and AR jointly submitted VCUP application to CDPHE ; revised application to be submitted in near future
• Describes the three phases of work
• Includes draft language for amendment to land use code to regulate lead soil management

Lead action levels (LALs)

• CDPHE toxicologists have re-evaluated data and recommend new Rico specific LALs that are protective of public health

Funding agreement

• Town and AR are negotiating a funding agreement
• Town and AR must finalize the funding agreement for the VCUP to be effective

2) Steps to make VCUP effective

Goal is to complete these steps in the first quarter of 2023.

Image: Town of Rico VCUP presentation
September 29, 2022

3) Additional benefits Atlantic Richfield will provide to Town of Rico

• Sampling or payment for sampling of soil at properties not previously sampled
• Remediation of developed properties with lead above action level
• Maintenance of lead soil repository to accept soil with lead above action level
• Technical assistance to property owners conducting excavation activities (help with permits, answer questions, provide guidance)
• Provision of clean filled dirt and remediation materials such as fabric marker
• GIS database showing soil sample results and remediation status of properties in town

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4) Advantages of VCUP Program

• Atlantic Richfield (AR) provides financial support, technical support, and materials
• In Phase 1, AR will remediate all developed lots in town that have lead above action levels
• AR pays to remediate town roads that exceed residential lead action levels
• Avoids EPA takeover; trains and allows the town to manage the program
• AR provides access to repository for soil exceeding action level
• Protects public health and the environment
• Will minimize unnecessary disturbance of town environment through phased approach

5) VCUP Program Phases Summary

Phase 1

Starts when Agreements are signed and continues until work is complete. Field work is planned for 2023 to 2026.

• AR samples all unsampled lots*
• AR remediates develop properties* if necessary
• AR funds and Town supervises road remediation

* only with consent of owner

Phase 2

Starts at the same time as Phase 1 and continues for three years or until 15 properties or developed (whichever is longer).

• AR manages Soil Management Program Contractor to provide technical support, assistance and guidance to owners
• AR accepts lead soil at repository, funds account managed by Town to pay incremental costs for owners, pay town administrative costs
• Property owners comply with Soil Management Regulations, including requirements to remediate property and maintain soil cap as necessary

Phase 3

Starts when Phase 2 ends after three years or after 15 properties are developed (whichever is longer).

• Town manages Soil Management Program Contractor
• AR continues to accept lead soil at repository, funds account to pay incremental costs, pay other town administrative costs
• Property owners continue to comply with soil management regulations

VCUP SOILS REMOVAL AND STORAGE STEPS

Image: Town of Rico VCUP presentation
September 29, 2022
background color added)

Example depth profile after removal of soils for which lead level is greater than "lead action level" prescribed by the VCUP agreement.

Image: Town of Rico VCUP presentation
September 29, 2022

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