In May 2012, Walsh Environmental Scientists and Engineers, LLC, issued a 24-page plan to remove asbestos from buildings at 25 Cimino Drive and manage soils during demolition. Attached to the city-commissioned report were at least three prior reports — from 2007, 2008 and 2009 — about the deadly substances there, including poisonous metals like arsenic, asbestos and hydrocarbons left behind by a gas plant.
The goal would be to "conduct demolition with little or no impact to surrounding soil on the site," the plan says. It notes that concentrations of "chemicals of concern exceed the Colorado Department of Public Health and Environment Colorado Soil Evaluation Values for worker protection," and that "specific health and safety requirements and engineering controls" would be necessary.
For asbestos removal, the plan calls for a decontamination unit to be on hand and for the material to be taken to a landfill approved by the city, but only after the city's representative has inspected the area and given approval.
As for soils, it requires that all materials removed from the site be free of contaminated soils. Any excess soil is to be placed in roll-off dumpsters to "prevent off-site dust migration and any impact to storm water quality." Those soils also are to be analyzed for chemicals of concern and made known to the landfill before disposal.
Also, the contractor is to prepare a Health and Safety Plan and a Dust Control Plan "to ensure no visible emissions are generated during all demolition and soil handling activities at the site." Walsh's management states that "demolition and soil handling activities will immediately cease if wind gusts in excess of 20 MPH gusts or 15 MPH sustained are measured at the site."
Asked about whether the city disregarded this guideline, as Smokebrush's Kat Tudor claims, the city in its written responses says, "This assertion is being assessed and will be an issue addressed in the litigation."
Responding to the Independent's Open Records Act request for inspection records, the city produced eight reports written by Walsh officials who oversaw the project. Five reports were dated between Jan. 11 and 31; one was dated Feb. 1, and two were dated March 7 and 12.
Those reports document what was done at the site. But it's unclear whether those were the only days the contractor worked at the site. For one thing, Tudor says work was happening on March 4, when she was slapped in the face with debris from the site.
The city has refused to answer questions about the reports or explain whether there are additional reports that weren't released under CORA.
The city also provided 15 photos of the demolition project, two of which show the use of a large water hose being used to wet down, and reduce dust from, the premises. However, several photos show no tarp covering a large portion of chain-link fence between the site and the Trestle property, though other sections of fence are covered with tarps.