Agreement with Atlantic Richfield approved at special Town of Rico Board of Trustees meeting - August 27
Atlantic Richfield Company has commenced removal of soil contaminated with mining tailings on the south side of W Soda Street, east of N Hancock Street. Earthmoving equipment began working at the site Friday, September 6, 2019.
The Town of Rico Board of Trustees approved an Access Agreement with Atlantic Richfield at a special Trustees meeting held Tuesday, August 27, 2019 at Rico Town Hall. The Agreement grants Atlantic Richfield access to the street right-of-way to remove the contaminated soil.
The Town of Rico ("Town") and Atlantic Richfield ("Atlantic Richfield") enter into this Access Agreement ("Agreement") this 27th day of August, 2019.
- Atlantic Richfield is conducting certain remedial activities on properties in the Town of Rico as part of a Voluntary Cleanup Plan ("VCUP") submitted to the State of Colorado VCUP Program for cleanup of certain properties in the Town of Rico.
- Based upon sampling information collected as part of the VCUP, property owned by the Town fronting lots 39 and 40, Block 12, has been identified for cleanup of soils. Access to such property, including Hancock Street and Soda Street and the adjacent Town-owned right-of-way ("Town Property"), is needed to conduct this remedial work.
- The Town agrees to permit Atlantic Richfield to conduct such work on Town Property. . . . .
The remainder of the Access Agreement contains 7 sections and 5 subsections which define access, indemnification, covenant not to sue, notice, condition and restoration of the Town Property, and "miscellaneous." Section 1 is reprinted below:
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- GRANT OF ACCESS. The Town hereby grants to Atlantic Richfield, including its authorized representatives, the right to enter Town Property to conduct all remediation activities described or depicted on Exhibit A hereto, including without limitation, excavation, transport, and/or removal of soils, culvert installation, placement of cover material, revegetation, erosion control, ingress and egress of equipment, machinery and personnel staging and temporary storage of equipment, and conducting other information gathering activities such as field investigation, data collection, surveys, and testing. . . .
Atlantic Richfield soils removal site. Yellow-orange shading indicates location and depth of soils to be removed . Map courtesy of Town of Rico.
The removal site is adjacent to lots 39 and 40, Block 12, where new home construction is underway. Excavation for a driveway in early June 2019 revealed the tailings. Work on the residential construction project is halted during the soils removal.