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HomeMy WebLinkAboutCDPE email action.pdf Glen Morgan From: Wolfe - CDPHE,Jeffrey <jeffrey.wolfe@state.co.us> Sent: Thursday, December 6, 2018 11:53 AM To: robkuli@hotmail.com Cc: ron@trueperspectivehc.com; chris@dsconsultinginc.com; Christopher Jarecki; Andrew Rogers; Glen Morgan Subject: Regarding 1775 W. Gore Creek Dr.Vail Rob, We are sending this email as you requested to update the parties involved regarding the current status of the ongoing asbestos issue at the property. After speaking with inspector Ron Amass this morning, he is now aware of the issue regarding his presently unregistered asbestos consulting firm and is working to resolve that issue with us at the State ASAP. Ron also was able to shed light on the nature of his report. Ron was adamant that this report was intended only for purposes of a real estate transaction. He was explicit that the report was not full or comprehensive in nature, and that he stated to you that the report was not to be used for purposes of renovation or demolition. He also stated that he explained to you that if any of the confirmed asbestos containing materials were to be disturbed in quantities over the trigger levels, because you had told him you were intending to rent or lease at least part of the space, you needed to hire a certified asbestos abatement contractor to do the work. CDPHE has no record that abatement ever took place, and you stated to me over the phone that you did the work yourself. Furhtermore,we have direct reports from a worker that he was working in the house and was removing suspect, and possibly confirmed, asbestos containing materials. We need the specifics of the work that was done clarified. Thus moving forward, in order to bring this property back into compliance, CDPHE needs the following information: 1) A certified asbestos building inspector who is employed by a currently State -registered asbestos consulting firm needs to be retained to conduct a full, comprehensive asbestos inspection for any construction work that has been done, or is planned to be done. The inspector will need a full description from you or your general contractor of all construction work that has taken place in the home, including locations,quantities, who did the work(you or a third party), and of any work still remaining to be completed. CDPHE will need a copy of this as well. This third party asbestos inspector will verify the work that has been done, and assess whether or not there is now a major asbestos spill at the property. The inspector will need to verify the details surrounding the HVAC system, and whether or not there are any shared air spaces between the two levels. This inspector needs to contact us at CDPHE prior to commencing their inspection, so that we are sure everyone is on the same page in order to not waste unnecessary time and money. 2) CDPHE needs a statement from you the owner, regarding your plans for the property, and whether or not you will be using one level, or both levels as your PRIMARY place of residence, or whether you will be renting, leasing, or Air BnBing etc, any portion of the structure. This information must be determinate in nature, and if it is discovered down the road by CDPHE or the Town of Vail that your intent has varied from what you state to us, you could be held criminally liable for attempting to influence a public official. Until we receive this information we have requested, the entire house is considered a major asbestos spill as per the regulation, because we have reports of suspect and confirmed asbestos containing materials being impacted i in the structure over the 32 square foot trigger level. This designation will remain in effect until we get what we need. Thus, no one should be entering the structure unless authorized by CDPHE. Please contact me with any questions or needs for further clarification. Jeffrey Wolfe Indoor Environment Program Senior Environmental Protection Specialist P 303.692.3184 I F 303.782.0278 0 4300 Cherry Creek Drive South, Denver, CO 80246 jeffrey.wolfe@state.co.us I www.colorado.gov/cdphe/apcd As of January 1,2017,the Indoor Environment Program will not accept incomplete forms for certification,abatement or demolition.Any application with missing information may result in longer processing times or the application may be returned to you which will restart the required notification period. Please note that all submissions must be completed using forms supplied by the Division.If you need assistance,please refer to:https://www.colorado.gov/pacific/cdphe/asbestos- forms or https://www.colorado.gov/pacific/cdphe/certification-and-lead-abatement-forms or contact the Indoor Environment Program at 303-692-3100. 2