DSHW-2025-001953

Gordo Site Management Plan (SMP) & Environmental Covenant (EC) Comments:
April 9, 2025

Site Management Plan:
1. Section 1.1 Site Description and History:
The site description includes a list of the Summit County Assessor Parcel Numbers
to describe the approximate 16 acres of land that are included in the site. R315-101-
8(a)(1) requires a SMP to contain a legal description of the site including a legal plat
map.

2. Section 1.2 Geologic and Hydrogeologic Information and Setting:
Please clarify the unit of measurement for the location of the Pace-Homer ditch as
approximately 200-250 feet south and southeast of the southeastern site boundary.

3. Section 1.3 Summary of Previous Investigations and Remedial Actions:
Please include information about COC concentrations found during the
investigation and the calculated risk levels that and Hazard Indexes (HI) which
exceeded the target levels of 1x10-6 cancer risk and 1.0 HI and required the site to
undergo corrective action.

4. Section 2.1 Post CAP Human Health Risk Assessment:
Please include information about the calculated risk levels and HI associated with
the remaining soils at the site in addition to comparison to the cancer risk 1x10-6
and HI of 1.0 unrestricted standard of closure.

5. Section 3.1 Environmental Covenant:
Please specify that the Environmental Covenant will be recorded with the Office of
the Summit County Recorder on the Property’s title.

6. Section 3.2 Activity and Use Limitations:
• The SMP states that prior to site development, DWMRC must be notified of
the proposed development and that construction or other activities that may
result in disturbances to soil will require the Owner to submit a Work Plan for
approval by the DWMRC to assess risks to human health and the
environment and to properly manage the excavated materials.

Notification of the DWMRC is not required. However, the SMP should outline
a set of activity and use limitations that govern development, construction,
maintenance, and soil disposal activities. Please add additional language to
address following activity and use limitations in the SMP:

• Disturbance Limitations.
o If soil is removed from the site, the soil should be properly disposed of
based on the elevated concentrations of metals remaining in the soils
at the site. The removed soil shall not be used as residential topsoil.

o If soil is excavated at the site for construction or maintenance
purposes, it may be placed back into the excavation or onsite.

o If Property is used for residential purposes, the soil must be covered
and maintained with a minimum cover of pavement (asphalt or
concrete) or one foot of clean soil or that minimizes access and
exposure to the soil.

o The Property may be subject to the Park City Soil Ordinance.

• Land Use Limitations.
The Property is suitable for mixed-use development that may include
residential, commercial, and/or transit hub components consistent with
applicable local zoning laws. Planting crops or fruit trees for consumption by
humans or livestock is prohibited.

7. Compliance Reporting:
Please include a section on compliance reporting and include the following
requirement, “The Owner or any Transferee shall submit to the Director written
documentation verifying that the activity and use limitations remain in place and are
being complied with. Written documentation shall be submitted annually. If such
limitations do not remain in place, are not being complied with, or both, the Owner
of any Transferee shall explain the circumstances.”

8. Residential Notification and Limitations:
Please include a section on residential notification with the requirement that all
residents of the Property shall be notified of the metals constituents in soil located
at the Property.

9. Access and Inspections:
R315-101-8(a)(6) requires a complete list of the persons or entities that have rights
of reasonable access to the site at any time after the effective date of the site
management plan for activities such as monitoring and compliance with the site
management plan, along with any other terms and conditions of the site
management plan.

In addition, R315-101-8(a)(7) requires the SMP to include provisions that the
director, and the director’s authorized officers, employees, or representatives may
at any reasonable time and upon presentation of appropriate credentials, have
access to the site to monitor, sample or determine compliance with the site
management plan.

Please include a section on access and inspections with the requirement that, “The
Owner under the EC and the Director and their respective authorized agents,
employees, and contractors shall have rights for reasonable access to the Property
at any time after the effective date of the EC for inspections of the EC and this SMP.
Nothing in this SMP shall be construed as expanding or limiting any access and
inspection authorities of the Holder or Director under the law.”

10. Section 4.0 Notification:
Please direct notification to the Director of DWMRC.

11. Please include an implementation schedule for the SMP as required by R315-101-
8(a)(4). For example, the SMP will be implemented upon the date of approval.

Environmental Covenant:
1. Copies of the recorded deeds were provided with the draft SMP and EC, however,
the deeds should be attached to the EC as an appendix.

2. Exhibit A.
Paragraphs 1 and 3 reference Exhibit A which should describe the Property. Exhibit
A is not attached. Please include the written legal descriptions and plat map of the
Property as Exhibit A.

3. Paragraph 4 – Environmental Response Project.
The narrative states that “Terracon performed site characterization to define site-
specific background values and developed a Corrective Action Plan…” This
sentence only mentions site characterization but does not discuss it.
• Please provide additional information about site characterization activities
and results.
o Site characterization also determined the nature and extent of the
metals impacted soils.
o Please include information on the location and extent of
contamination. Based on the results of site characterization, one
main stockpile and a smaller separate berm area contain metals-
impacted soils was identified.
o Please include information about risk evaluation results which
required corrective action at the site
• Please include information about the updated calculated risk level and the
Hazard Index remaining at the site.

4. Paragraph 11 – Holder.
Please revise the sentence to read “Park City Municipal Corporation is the Holder of
this Environmental Covenant.”

5. Paragraph 14 – Activity and Use Limitations.
Please include all activity and use limitations (including those requested for
inclusion in the SMP in this set of comments) outlined in Section 3.2 of the Site
Management Plant.

6. Paragraph 19 – Compliance Reporting.
Please revise the paragraph to read, “The Owner or any Transferee shall submit to
the Director written documentation verifying that the activity and use limitations
remain in place and are being complied with. Written documentation shall be
submitted annually. If such limitations do not remain in place, are not being
complied with, or both, the Owner of any Transferee shall explain the
circumstances.”

7. Paragraph 28.
It appears that this information in this paragraph has not been completed. Please
complete this item.