The URL can be used to link to this page

Home My WebLink AboutCorrespondence - Applicant Communication - 10/17/2024 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/ Jared Polis, Governor | Jill Hunsaker Ryan, MPH, Executive Director October 17, 2024 Mr. John Santistevan Salud Family Health Centers 203 South Rollie Avenue Fort Lupton, Colorado 806261 RE: Salud Family Health Center Lot 4, FDP200011; Former Forney Industries Site - 1830 Laporte Avenue, Fort Collins, Colorado Dear Mr. Santistevan: I have reviewed the Memorandum from JA Environmental Consulting, LLC, dated September 24, 2024, outlying the conditions to clear the ROW for the Former Forney Industries site at 1830 Laporte Ave., in Fort Collins, CO. Once these conditions are met in the ROW, the City will have no requirements or obligations for environmental oversight during future maintenance within the ROW or other utility corridors where the MMP has been implemented. If you have any questions, please contact me at Fonda.Apostolopoulos@state.co.us or (303) 692-3411. Sincerely, Fonda Apostolopoulos Voluntary Cleanup Program ATTACHMENT A September 24, 2024 Memorandum To: Fonda Apostolopoulos, CDPHE From: Joe Aiken, JA Environmental Consulting, LLC Subject: Salud Family Health Center Lot 4, FDP200011; Former Forney Industries Site - 1830 Laporte Avenue, Fort Collins, Colorado Fonda, We are nearing completion of the Planning process for Salud Medical’s redevelopment of the former Forney Industries site in Fort Collins (Site or Property). The City of Fort Collins (City) has asked us to obtain a letter from the Colorado Department of Public Health and the Environment (CDPHE) indicating that once the Materials Management Plan (MMP) for the Site is properly implemented during the installation of the public utilities and roadway on the Site, that the City will have no requirements under the Environmental Covenant (EC) to implement the MMP during any future maintenance activities on the roads or utility corridors. We appreciate the help that you provided with the City via our teleconference on January 23, 2024 and other communications regarding this planning process. To refresh your memory, the City is concerned with possible environmental liability stemming from accepting the roadway and did not want to take title to the Maple Street extension right-of-way (ROW) due to the EC and the associated environmental use restrictions (EURs). Our discussions with the City included the several key points. First, based on Figure 1 (see attached), the portion of the street and other utility corridors that are in areas where environmental contamination exists is very small. However, the EC covers the entire planned street and utility corridors, the majority of which has no known contamination. As such, Salud is required by the MMP to provide environmental oversite and possible testing during the installation of all utilities for the entire street (not just the area of potential environmental concern). All excavation activities associated with the construction of the roadway are subject to the MMP. If any potential environmental concerns are encountered, Salud, not the City, is responsible under the MMP and covenant to address the concerns, collect confirmation samples indicating that the concern has been addressed, and document the activity in a completion report that will be provided to CDPHE. In addition, we discussed the fact that the primary environmental concerns at the Site include low levels of residual chlorinated solvents in groundwater and possible vapor intrusion into any structures. Based on the data and exposure modelling for potential maintenance worked that we previously discussed, the potential concentrations of residual chlorinated solvent in the ATTACHMENT A groundwater are extremely low, are well below the planned excavation depth, and are not likely to represent an issue for the installation of utilities and future maintenance workers. Since the end use of the roadways and other utility corridors does not include buildings or groundwater extraction, the primary liability potential raised by the EURs to the City would be possible future requirements associated with implementing the MMP for any utility maintenance that may be needed. The City has indicated that it will accept the ROW if the following conditions are met and agreed to by CPDHE: 1) Salud implements the existing Materials Management Plan during the installation of all public utilities in the roadway and other areas of the Site. This includes oversight of all intrusive activities by an Environmental Professional (EP), testing and proper management of any environmental concerns discovered, documentation of the oversight and any removal efforts, the preparation of a Completion Report for the roadway and utility installation, and submittal of that report to CDPHE for closure purposes. 2) Upon submittal by Salud to CDPHE of the Completion Report for the utility installation, CDPHE will provide written confirmation that oversight of the utility installation and the roadway installation has been completed and that: a. The roadway and other utility corridors have been investigated, tested, and remediated (where necessary) and have been determined to be protective of human health and the environment with respect to future utility maintenance activities; b. The MMP requirement outlined in the EC and EURs has been met; and c. The City has no requirements or obligations for environmental oversight during future maintenance within the ROW or other utility corridors where the MMP has been implemented. 3) Once the CDPHE issues written confirmation of the above, the City will accept the ROW. If you agree with the above and can provide a letter to us that indicates that CDPHE supports the above process for clearing the roadway and other utility corridors it would be very helpful for Salud’s efforts to redevelop the property. The letter can be addressed to: Mr. John Santistevan Salud Family Health Centers 203 South Rollie Avenue Fort Lupton, Colorado 806261 Via email: jsantistevan@saludclinic.org Please copy me on the correspondence and we will provide the letter to the City in our next submittal. The Subject line of the letter should be: Salud Family Health Center Lot 4, FDP200011; Former Forney Industries Site - 1830 Laporte Avenue, Fort Collins, Colorado ATTACHMENT A Thanks for your attention to this matter. If you have questions or would like to discuss the letter or site conditions, please call me at 303-898-9697. Joseph W. Aiken General Manager JA Environmental Consulting, LLC ATTACHMENT A E E E E E E E E E G G G G G G G G G TF E E E E G G G G FDC E E EM T S S W S W GMT FWE E E E E VAULT ELEC RMW-2 9.9 10.4 RMW-8 89.7 19.2 72' R O W STORM DRAIN 2 SEE SHEET ST1 STORM DRAIN 4 SEE SHEET G1 STORM DRAIN 2D-1 SEE SHEET ST2 STORM DRAIN 3 SEE SHEET ST3 SANITARY SEWER A SEE SHEET SS1 SANITARY SEWER A SEE SHEET SS1 72' ROW WATERLINE B SEE SHEET WT2 WATERLINE A SEE SHEET WT2 STORM DRAIN 2C-1 SEE SHEET ST2 STORM DRAIN 5 SEE SHEET G1 RMW-3 17.2 12.5 RMW-5 34.3 14.7 RMW-6 6.2 17.5 MA P L E S T R E E T ND ND ND ND ND TCE 1.5 (2014) TCE 20 (2014) ND ND HISTORICALLY ELEVATED BUT REMEDIATED TO LEVELS SHOWN SEPTIC TANK (SEE NOTE 2) NORTH ( IN FEET ) 0 1 INCH = 80 FEET 80 80 160 240 MAP LEGEND: REMEDIATION MONITORING WELL SEPTIC TANK 1.BASED ON HISTORICAL SITE INVESTIGATIONS THERE IS NO INDICTAION OF SOIL CONTAMINATION EXCEPT IN THE CONSTRUCTION AREAS WITH THE EXCEPTION OF THE SOURCE AREA (WHICH WAS EXCAVATED AND REMEDIATED. 2.ABANDONED SEPTIC TANK IN LEACH FIELD MAY BE ENCOUNTERED DURING CONSTRUCTION; REFER TO PROCEDURES IN SALUD/FORNEY MATERIALS MANAGEMENT PLAN. 3.DATA SHOWN REFLECTS POST REMEDIATION FINAL 2020 MONITORING PRIOR TO OBTAINING A NO ACTION DETERMINATION FROM CDPHE. CONDITIONS WERE CONSIDERED IN PLACEMENT OF THE ENVIRONMENTAL CONVENT AND MATERIALS MANAGEMENT PLAN. 4.ND = NON DETECT NOTES: RMW-# XX ZZ RMW-# YY ZZ REMEDIATION MONITORING WELL - # TCE CONCENTRATION (µ/L) DEPTH TO GROUNDWATER (ft) - 2020 DCE CONCENTRATION (µ/L) REMEDIATION MONITORING WELL - 8 DEPTH TO GROUNDWATER (ft) - 2020 AREA OF CURRENT POSSIBLE GROUNDWATER CONCERN TCE LIMIT = 5 µ/L DCE LIMIT = 14 TO 70 µ/L COLORADO GROUNDWATER STANDARDS APPROXIMATE LOCATION OF HISTORICAL GROUNDWATER SAMPLES (PRE-REMEDIATION APPROXIMATELY 2014) ATTACHMENT A